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ADMINISTRATIVE ACTION COMPLAINTS MANAGEMENT POLICY AND PROCEDURE · Att 2 - Administrative Action Complaints Management Process Council Procedure

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                                                              Council Procedure
                                                      Administrative Action
                                                    Complaints Management
                                                                   Process
 Corporate Plan Reference:                  Theme 5: Excellence

                                            Objective 5.5: Provide robust and transparent
                                            governance systems to build and strengthen
                                            community trust, supported by the
                                            implementation of an enterprise risk and
                                            opportunity management framework

 Council Adoption:                          <Insert Date of Ordinary Meeting>

 Policy Author:                             Governance Manager


PROCEDURE STATEMENT

Noosa Council (Council) is committed to ensuring all administrative action complaints are
managed with in a fair, prompt, and confidential manner. This Procedure reflects Council’s
commitment to delivering transparent, accountable, and customer-focused services.

This Procedure outlines the process for receiving, assessing, recording, managing, resolving,
and reporting on administrative action complaints submitted to Council.

This Procedure should be read in conjunction with the Council’s Administrative Action
Complaints Management Policy.

PURPOSE

The purpose of this Procedure is to:

   •   Provide a clear and effective process for managing and resolving complaints about the
       administrative actions of Council.
   •   Offer a mechanism to capture customer feedback to improve Council systems,
       processes and services.
   •   Ensure compliance with legislative requirements under the Queensland Local
       Government Act 2009 and the Local Government Regulation 2012.

SCOPE

This Procedure applies to all Councillors, Council employees, volunteers and authorised non-
Council employees (e.g., contractors) who conduct activities and functions on behalf of
Council and are involved in Council’s Administrative Action Complaints Management Process.

REVIEW

This document will be reviewed once per Council term (every four years) or as required from
time to time.

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DEFINITIONS

Term                  Meaning
Administrative        An administrative action of Council includes:
Action                      (a) a decision, or a failure to make a decision, including a
                            failure to provide a written
                            statement of reasons for a decision;
                            (b) an act, or a failure to do an act;
                            (c) the formulation of a proposal or intention;
                            (d) the making of a recommendation.

Administrative        An administrative action complaint as defined in section 268(2) of
Action Complaint      the Local Government Act (2009); namely "a complaint that:
                       (a) is about an administrative action of a local government,
                            including the following, for example ‐
                                 (i) a decision, or a failure to make a decision, including a
                                     failure to provide a written statement of reasons for a
                                     decision;
                                 (ii) an act, or a failure to do an act;
                                 (iii) the formulation of a proposal or intention;
                                 (iv) the making of a recommendation; and
                       (b) is made by an affected person.

Affected Person       A person who is apparently directly affected by a decision, action
                      or service of Council. A person is not an Affected Person if they
                      only have an intellectual or emotional interest in the subject.

Complainant           Any person, organisation or their representative making a
                      complaint.

Complaint             An expression of dissatisfaction.

Complaint             Council’s process for receiving, assessing, recording, managing,
Management            resolving, and reporting on administrative action complaints
Process               submitted to Council.

Complaint             The system used to manage and record administrative action
Management            complaints.
System (CMS)
Council               Noosa Shire Council.

Councillors           The Mayor and Councillors of the Noosa Shire Council.

Customer              Individuals and organisations to whom Council provides services.

Employees             All employees of Noosa Council, whether employed on a
                      permanent, temporary, or part-time basis and includes
                      volunteers, consultants and contractors.
External Consultant   An external individual or organisation appointed to assist a
                      Nominated Reviewer to conduct a Level 2 Complaint Review.

Nominated Reviewer    The person appointed by the Governance Branch to undertake a
                      Level 2 Complaint Review. The Nominated Reviewer is a person

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 Term                     Meaning
                          who is independent of the subject of the complaint.

 Officer                  A Council Employee.

 Request for Service      An individual may request a service of Council which can include,
                          but not limited to:
                              • A missed wheelie bin collection
                              • A request to mow a park
                              • A request to clean a park barbeque
                              • A notification of a barking dog, or
                          A request to fix a pothole.

 Response Officer         The person who manages and responds to a Level 1 Complaint.

 Unreasonable             Is any behaviour by a person because of its nature and/or
 Complaint Conduct        frequency raises substantial health, safety, resource or equity
                          issues for the parties involved.



COMPLAINT DEFINITION

To be considered a complaint for the purpose of this Procedure, the matter must meet the
definition of an Administrative Action Complaint (AAC) as defined in this Procedure.

Matters that fall outside the definition of an Administrative Action Complaint, such as a
Request for Service, will not qualify for the Complaint Management Process and will not be
managed under this Procedure.


Irrelevant Factors
In determining whether a complaint is an Administrative Action Complaint, it is irrelevant:

   •    To which area of Council the complaint was made
   •    Whether the complaint was written or verbal
   •    Whether the complaint was made anonymously
   •    How quickly the complaint was resolved


What is a Complaint?

 Complaint Type       Explanation                              Example
 An Action of         A complaint in relation to:              A complaint about:
 Council and/or
                      • the quality of a service provided by   • Council’s bin collection
 Council Officer
                        Council                                  service in the
                                                                 complainant’s street
                      • the time taken for Council to
                        provide a service                      • the time it took Council to
                                                                 clear the drain in front of
                      • how a previous request has been
                                                                 the Complainant’s house
                        handled
                                                                 after a request for service

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Complaint Type      Explanation                             Example
                    • the way a response was provided           was made
                      by Council
                                                            • the time-of-day Council
                    • the actions of a Council Officer        workers began tree
                                                              trimming works in the park
                                                              next to the Complainant’s
                                                              house
A Non-Action of     A complaint in relation to:             • A repeated complaint
Council and/or                                                about the general
                    • a failure to complete a request for
Council Officer                                               cleanliness of a park
                      service within the designated
                                                              behind the Complainant’s
                      timeframe
                                                              house, that is not
                    • receiving no response to an             responded to by Council
                      enquiry within the designated
                                                            • Failure to take action after
                      timeframe
                                                              a request has been
                    • the lack of communication from
                                                              received to fix a pothole in
                      Council
                                                              the Complainant's street
A Decision (or      A complaint in relation to:             A complaint about a decision:
failure to make a
                    • a decision made by Council            •   to change the Council
decision) of
                                                                Library opening hours
Council and/or      • a Council decision to not action a
Council Officer       request                               •   to not resurface the
                                                                Complainant’s street
                    • a failure to make a decision within
                      the designated timeframe

A Failure to        A complaint in relation to:             A complaint about Council
provide a written                                           not providing written reasons
                    • a failure to provide a decision
statement of                                                for deciding against:
                      within the designated timeframes
reasons for a
                                                            • a speed bump installation
decision
                                                              request
                                                            • a median strip addition
                                                              request
The formulation     A complaint in relation to:             •   A complaint about a
of a proposal or    • a proposal by Council to take a           Council proposal to
intention              particular action in the future          change bin collection
                                                                from weekly to fortnightly
The making of a A complaint in relation to:                 •   About a Council
recommendation • a recommendation made by                       recommendation to
by Council         Council                                      temporarily close a local
and/or a Council                                                road that is flooded
Officer




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What is not a Complaint?

Service Type                       Example
An enquiry                         •   Question about a rates bill
                                   •   Question about Library opening hours
                                   •   Question about Community Grants

A request for service              •   A request for branches to be trimmed
                                   •   A request to mow a park
                                   •   A request to pick up a bin
                                   •   A request to fix a pothole
                                   •   A request to clean a toilet block

A Notification about an Issue      •   Notification of a barking dog
                                   •   Notification of a suspected breach of a local law
                                   •   Notification that a park bin is overflowing

Feedback                           •   Feedback in relation to a Council-run swimming
                                       class
                                   •   Feedback in relation to the time-of-day roadworks
                                       should be conducted

A follow up about a previous       •   Customer was told the pothole would be fixed
Request for Service or                 within three days, and the customer contacted
Notification about an Issue that       Council again within one day
has not been completed by          •   Customer was told that the breach of local law
Council, but is still within the       would be inspected within five days, and the
timeframe advised to the               customer contacted Council within three days
customer

A request for information          •   About Council Services
                                   •   About Council Policies or Procedures
                                   •   For documents

A report of damaged or faulty      •   A report of a pothole
infrastructure or hazards          •   A report of a fallen tree

A suggestion for a proposed        •   A suggestion for an additional rubbish collection
service or product improvement         day

A petition to Council              •   A petition to Council to change the Aquatic Centre
                                       opening hours to 24/7

Comments or submissions            •   Comments received in response to a formal
received during formal                 consultation period for a Council Initiative (e.g.,
consultation or community              Destination Management Plan, Noosa River
engagement                             Catchment Management Plan)




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Other Rights of Appeal or Review Available
Where the Complainant has a right of appeal or review via another avenue or process, the
complaint will not qualify for the Complaints Management Process and will not be managed
under this Procedure.

 Complaint Type                  Explanation                         Process
 Rates                           Complaints in relation to the       Customer can lodge an
                                 rate category allocated to a        objection – refer
                                 property.                           customer to the Rates
                                                                     Branch for information

 Local Law Decisions             Complaints in relation to           Customer can appeal a
 • Infringements                 decisions made under a Local        Local Law Decision –
 • Animal Decisions              Law which are reviewable            refer customer to the
                                 under a local law process.          Local Laws Branch for
                                                                     information

 Development Decisions           Complaints related to               Customer can appeal a
 • Approval decisions            development decisions are           development decision –
 • Refusal decisions             assessed against the Planning       refer customer to the
 • Conditions                    Act 2016 by the Development         Development
 • Deemed refusal                Assessment Branch and/or the        Assessment Branch for
 • Charge notice                 Planning and Environment            information
                                 Court.

 Building & Plumbing             Complaints related to Building      Customer can appeal a
 Decisions                       & Plumbing decisions are            building and plumbing
 • Approval decisions            assessed against the Planning       decision – refer customer
 • Refusal decisions             Act 2016 by the Building &          to the Building &
 • Conditions                    Plumbing Branch and/or the          Plumbing Branch for
 • Deemed refusal                Planning and Environment            information
 • Charge notice                 Court.

 Matters currently being dealt   Complaints about a matter that
 with or have been               is currently in a Court, Tribunal
 previously dealt with by a      or External Complaints Agency
 Court, Tribunal or external     Process.
 complaints agency
                                 Complaints about a matter that
                                 have already been through a
                                 Court, Tribunal or External
                                 Complaints Agency Process.


Complaint Previously Responded to under the Complaints Management Process
Where a complaint has previously been dealt with via the Complaint Management Process,
the matter will not be reopened, unless the complainant provides new material or evidence
that indicates a potential error in procedure or fact that may have materially affected the
original outcome. Any new evidence will need to be submitted via the Complaint Submission
Form.



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Refusal to Investigate
Council may refuse to investigate a complaint, or having commenced an investigation, may
refuse to continue the investigation. A refusal may occur when further action is unwarranted,
unjustifiable, or inappropriate.

The following may constitute grounds for refusing to investigate a complaint:

   •     The matter is not an administrative action complaint, as defined in this procedure.

   •     The complainant has a statutory right of appeal, review, or reconsideration through
         another more appropriate process, and that avenue is more appropriate for addressing
         the matter.

   •     The complaint lacks sufficient substance or detail to enable Council to reasonably
         identify the issues or undertake a meaningful review.

   •     The complaint is trivial, meaning it concerns issues of minimal significance and does
         not warrant the use of public resources.

   •     The complaint is frivolous or vexatious, including where it is intended to harass, annoy,
         or unduly burden Council.

   •     Investigating the administrative action would be unjustifiable, such as when the cost,
         time, or resources required would be disproportionate to the significance of the matter
         or the likely outcome.

   •     The complaint is the same, or substantially the same, as a matter previously
         addressed, either under Council’s administrative action complaint process or another
         relevant review or appeal mechanism, and is submitted by the same complainant
         without any new information that would justify reconsideration.

   •     The complainant engages in Unreasonable Complaint Conduct as defined in the
         Administrative Action Complaints Management Policy.

Where Council refuses to investigate a complaint, the complainant will be advised of the
decision and the reasons for refusal, and, where applicable, informed of any alternative
options for review or appeal.



THREE LEVEL APPROACH
Council has implemented a three-level approach to the management of administrative action
complaints.

 Level                                   Explanation
 Level 1           •   Administrative action complaints that have not previously been
 (Initial              responded to by Council.
 Response)         •   Informal assessment and response, if appropriate.
                   •   The Response Officer determines a suitable response method (e.g.,
                       phone call, meeting, email, letter).




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 Level                                   Explanation
 Level 2           •   Administrative action complaints that have already been responded to at
 (Internal             a Level 1.
 Review)           •   Administrative action complaints where the history or complexity of the
                       matter deem it appropriate for the matter to be escalated directly to a
                       Level 2.
                   •   Reviewed by the Nominated Reviewer.
                   •   Response provided via a Level 2 Complaint Review Response Letter.

 Level 3           •   Administrative action complaints that have already been responded to
 (External             by Council at a Level 2.
 Review)           •   Complainant referred by Council to the relevant complaints oversight
                       agency (e.g., QLD Ombudsman’s Office).
                   •   Investigation and response from the relevant complaint oversight
                       agency.



COMPLAINT MANAGEMENT PROCESS



                         Step 2                Step 3                  Step 4         Step 5
  Step 1                                                               Level 2        Level 3
                         Assess &               Level 1
   Submit                                                              Internal       External
                          Refer                Response
                                                                       Review         Review



STEP 1 – SUBMIT

How to Submit a Complaint

Complainants may submit an administrative action complaint by completing a Complaint
Submission Form available on Council’s website – Here

If a Complainant is unable to access or complete the Complaint Submission Form via
Council’s website, they may submit their administrative action complaint using one of the
following alternative methods:

   •     By Telephone: (07) 5329 6500
   •     By Post: PO Box 141, Tewantin QLD 4565
   •     By Email: [email protected]
   •     In Person: Council Administration Building at 9 Pelican St, Tewantin QLD 4565.

Assistance

Council is committed to supporting Complainants throughout the submission process and will
provide assistance where required. This includes:

   •     Interpreter services for individuals with language barriers
   •     Support for hearing or vision impairments

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   •   Addressing issues of illiteracy or other challenges preventing submission.

Administrative action complaints are received with sensitivity and consideration for any
specific needs of the Complainant.

Anonymous Submissions

Complainants may choose to submit an administrative action complaint anonymously. In such
cases:

   •   The Governance Branch will assess whether sufficient information is provided to
       investigate the administrative action complaint.
   •   Actions on anonymous administrative action complaints will depend on the detail
       provided and whether further information is required.

If an anonymous administrative action complaint can proceed through the standard Complaint
Management Process, Council will not be able to inform the Complainant of the outcome.
Insufficient detail may limit Council's ability to fully investigate or address the issue.

Third Party Submissions

Administrative action complaints submitted on behalf of another person will be accepted,
provided consent is verified.

Consent must be given by the affected person in one of the following ways:
   • Completing the relevant sections of the Complaint Submission Form, specifying
      whether the response should be directed to the affected person or the person
      submitting the form; or
   • Providing written consent directly to Council.

Without verified consent, Council cannot proceed with a third-party administrative action
complaint.


STEP 2 – ASSESS & REFER

Governance Branch Received Complaints

Assess
When a Complaint Submission Form is received, the Governance Branch will:

   •   Confirm the administrative action complaint qualifies for the Complaint Management
       Process.
   •   Determine the level at which the administrative action complaint will be managed.
   •   Identify the appropriate Response Officer to resolve and respond to the administrative
       action complaint.

Refer
Level 1 Complaints: If the Governance Branch determines the administrative action
complaint to be a Level 1 Complaint, they will refer the administrative action complaint to the


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appropriate Response Officer for management and response. This referral should occur within
three business days of receipt.

Level 2 Complaints: If the Governance Branch determines the administrative action
complaint to be a Level 2 Complaint, it will be actioned in accordance with Step 4 of the
Complaints Management Procedure.

Multiple Branches
If the administrative action complaint requires input from more than one Branch of Council,
the Governance Branch will nominate a lead Response Officer to oversee the management
and response.

In such cases, the relevant Response Officers are encouraged to collaborate in providing a
single coordinated response.

Acknowledgement
Upon referral to the relevant Response Officer, the Governance Branch will send a Level 1
Complaint Acknowledgment Email to the Complainant. The email will include:

   •   Confirmation that the Complaint Submission Form has been received.
   •   Confirmation that the complaint qualifies for the Complaint Management Process.
   •   The level at which the administrative action complaint will be managed.
   •   The estimated time frame for response.

This acknowledgment should be sent within three business days of receipt of the Level 1
Complaint.

Operational Branch Received Complaints

In some circumstances a Complaint may be received directly by an Operational Branch within
Council.

If the administrative action complaint can be managed, responded to, and closed at the time
of receipt, the Council Officer should:

   •   Provide a response to the complaint.
   •   File note the complaint details, actions taken, and outcome provided.

If the complaint cannot be managed and responded to at the time of receipt, the Council Officer
who receives the administrative action complaint should direct the complainant to complete a
Complaint Submission Form as outlined in Step 1 of the Complaint Management
Procedure.

Councillor Received Complaints

If a Councillor receives an administrative action complaint verbally or via email, they should
direct the Complainant to follow Step 1 of the Complaint Management Procedure.




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STEP 3 - LEVEL 1 COMPLAINT (INITIAL RESPONSE)

Response

Response Method

The Response Officer will determine the most suitable Response Method to address the
administrative action complaint.

SUGGESTED RESPONSE METHODS
  • Phone call
  • Email
  • Formal letter
  • Site meeting
  • Mediation
  • Investigation

FACTORS CONSIDERED IN DETERMINING THE RESPONSE METHOD
  • The concerns raised by the Complainant.
  • The outcome the Complainant is seeking.
  • The history and complexity of the administrative action complaint.
  • The method that best addresses the Complainant’s desired outcome.
  • The method that ensures an efficient response for the Complainant.
  • The method that clearly communicates the outcome to the Complainant.
  • Any other circumstances relevant to the administrative action complaint.

Resolution

Once the Response Method is determined, the Response Officer will respond to the
administrative action complaint accordingly.

SUGGESTED RESOLUTION OPTIONS
When responding to an administrative action complaint, the Response Officer may use one or
more of the following methods to resolve the administrative action complaint:
   • Providing further information.
   • Offering additional explanations or assistance.
   • Admitting/acknowledging error or fault.
   • Changing a decision.
   • Engaging in negotiation.
   • Offering external mediation avenues, where and if appropriate.
   • Explaining actions Council has taken or will take to address identified issues, such as:
       o Reviewing or amending policies or procedures.
       o Implementing staff training or professional development initiatives.


Confirmation

After responding to the administrative action complaint, the Response Officer will:

   1. Record the Complaint Response details in the CMS
   2. Send a Complaint Response outcome email via the CMS


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   3. Close the Complaint in the CMS


The CMS Complaint Response outcome email will:
   • Summarise the outcome of the administrative action complaint,
   • Advise the Level 1 Complaint is now complete, and
   • Provide a link to submit a Level 2 Complaint if they are dissatisfied with the response
      to their complaint.


Timeframe

The Response Officer will aim to complete and close the Level 1 Complaint within 15 business
days of receipt. However, this timeframe is a guide only and may vary depending on the
complexities outlined in the Processing Timeframes section of this Procedure.


STEP 4 - LEVEL 2 COMPLAINT (INTERNAL REVIEW)

Receive

Level 2 Complaints are initiated when:

           a) The Governance Branch assesses an administrative action complaint and
              determines that it is appropriate to escalate the matter to a Level 2 Complaint.
           b) The Complainant submits a Level 2 Complaint Submission Form after
              expressing dissatisfaction with a Level 1 Complaint Response, including:
                 ▪ Satisfactory reasoning outlining why the Complainant believes the
                     Level 1 response is inadequate or incorrect; and
                 ▪ A reasonable desired outcome that the Complainant is seeking from
                     the internal review.

Timeframe for Lodgement

A request to escalate a complaint from Level 1 to Level 2 must be lodged within 12 months
of the Complainant receiving the Level 1 Complaint Response. Requests submitted after
this 12-month period will not be accepted unless the Complainant can demonstrate
exceptional circumstances that prevented the request from being lodged within the required
timeframe.

Assess

Upon receipt of the Level 2 Complaint Submission Form, the Governance Branch will
conduct a preliminary assessment to:

   a) confirm the administrative action complaint qualifies as a Level 2 Complaint under the
      Complaint Management Process, and
   b) select the appropriate Nominated Reviewer to conduct the Level 2 Review.

Nominated Reviewer

The Nominated Reviewer can be:

   •   A senior officer (Supervisor, Coordinator, etc.);


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     •    A Branch Manager;
     •    A Department Director;
     •    The CEO.

 The selection of the Nominated Reviewer will be based on the following factors:

     •    Who completed the Level 1 Complaint Response (whether the relevant Branch
          Manager or the relevant Department Director have been involved in the Level 1
          Response)
     •    The subject matter of the administrative action complaint
     •    The complexity of the administrative action complaint
     •    The history of the administrative action complaint
     •    The expertise required
     •    The expertise available
     •    The resources required
     •    The resources available

 The Nominated Reviewer will be appointed on the basis that he/she has the appropriate:

     •    Knowledge,
     •    Qualifications,
     •    Skills, and
     •    Experience

 to successfully review and respond to the administrative action complaint.

Review & Response Assistance

The Nominated Reviewer may seek assistance and support for the Level 2 Review and
Response when required, provided it is appropriate and feasible. Support may be obtained
from:

 •       An appropriate Officer within the Nominated Reviewer’s Branch or department.
 •       The Governance Branch.
 •       An External Consultant (with costs covered by the Nominated Reviewer’s
         Branch/Department).

Acknowledgement

The Governance Branch will send a Level 2 Complaint Acknowledgment Email to the
Complainant. This email will include the following information:

 •       Confirmation the Level 2 Complaint has been received by Council.
 •       Notification the administrative action complaint is currently being reviewed.
 •       The estimated timeframe for response.

This acknowledgment should be sent within five business days of receipt of the Level 2
Complaint.

Referral to Nominated Reviewer

The Governance Branch will refer the Level 2 complaint to the Nominated Reviewer. This
referral should occur within five business days of receipt of the Level 2 Complaint.


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Review Stage

The Nominated Reviewer (or Governance Branch, if Governance Branch assistance is used)
will conduct a review of the administrative action complaint. In doing so, the Nominated
Reviewer will (or Governance Branch, if Governance Branch assistance is used):

 1. Review the available information and documentation provided in the Level 2 complaint
    submission.
 2. Review the available information and documentation in the RM System.
 3. Gather available information and evidence (ECM, emails, etc.).
 4. Contact the complainant via phone:
         a. To clarify the administrative action complaint and the outcome the
             complainant is seeking; and
         b. To provide an opportunity for the provision of further information
 5. Undertake further required investigations as deemed appropriate by the Nominated
    Reviewer; this may include interview with relevant officers, RM correspondence, other
    communications and documentation from relevant parties.
 6. Assess the relevant and applicable Council policies, Council procedures, local laws
    and other statutory provisions.
 7. Establish findings of fact.
 8. Establish a decision as to whether the complaint is substantiated, partially
    substantiated, or not substantiated.
 9. Establish remedies (if applicable).

 Possible Remedies
  • An explanation, such as how and why the problem occurred, and steps taken to
      prevent a reoccurrence
  • An admission/acknowledgment of error or fault
  • A change of decision
  • The provision of a service
  • The provision of additional information
  • A correction of records
  • Waiving of a penalty
  • A refund
  • Rectification actions
  • A review of a policy or procedure
  • Staff training or other professional developmental activity
  • An apology to the complainant
  • Any other appropriate or reasonable remedy to resolve the complaint

Response Stage

On completion of the Review Stage, the Nominated Reviewer will formulate a Level 2
Complaint Review Response Letter.

The Level 2 Complaint Review Response Letter should provide the Complainant with:

 •   An overview of the administrative action complaint
 •   The steps taken during the review
 •   Summary of the administrative action complaint
 •   Findings of the review
 •   The outcome of the review
 •   Reasons for the decision


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   •       The actions to be taken to resolve the administrative action complaint, if appropriate
           (remedies)
   •       Review rights.

 Upon completing the Level 2 Complaint Review Response Letter, the Nominated Reviewer
 will:
       1. Record the Complaint Response details in the CMS
       2. Send a Complaint Response outcome email via the CMS
       3. Close the Complaint in the CMS.

 Timeframe

 Council will aim to complete and close the Level 2 Complaint within 30 business days from
 receipt of the Level 2 Complaint. However, this timeframe is a guide only and may vary
 depending on the complexities outlined in the Processing Timeframes section of this
 Procedure.

 STEP 5 - LEVEL 3 COMPLAINT (EXTERNAL REVIEW)

 If a complainant is not satisfied with the outcome provided in the Level 2 Complaint Review
 Response Letter they may choose to lodge an external review of their administrative action
 complaint with the Office of the Queensland Ombudsman.

 An external review application can be lodged with the Office of the Queensland Ombudsman
 through one of the following methods:

            In Person:     Level 18, 53 Albert Street, Brisbane, QLD 4000
            By Post:       GPO Box 3314, Brisbane, QLD 4001
            Phone:         (07) 3005 7000
            Online:        https://www.ombudsman.qld.gov.au/about-us/contact-us

Generally, the Office of the Queensland Ombudsman will not review an administrative action
complaint until it has exhausted Council’s Complaint Management Procedure, meaning it has
been reviewed and responded to as a Level 1 and Level 2 Complaint by Council.


Referrals from the Officer of the Queensland Ombudsman

If the Office of the Queensland Ombudsman refers an administrative action complaint or
requests additional information from Council, the matter will be managed by the Governance
Branch. The Governance Branch will coordinate with the relevant Operational Branch to obtain
any required information and ensure a timely response to the Ombudsman’s Office.

GENERAL GUIDANCE FOR MANAGING COMPLAINTS

Processing Timeframes

Council is committed to dealing with administrative action complaints as promptly and efficiently
as possible. The time required to resolve an administrative action complaint may vary depending
on several factors, including:

       •    The risk and urgency of the situation
       •    The complexity of the administrative action complaint

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   •   The expertise required to respond to the administrative action complaint
   •   Resource availability and capacity to respond to the administrative action complaint
   •   Extenuating circumstances that are beyond Council’s control
   •   The number of operational areas within Council involved in the administrative action
       complaint review process

The timeframes outlined within this Procedure are a guide only and may be impacted by the
factors listed above.
Record-Keeping

When managing or reviewing an administrative action complaint, Council Employees must
keep detailed and accurate records to be stored and retained in the CMS.

Records include:

   •   The administrative action complaint
   •   File notes of discussions regarding the administrative action complaint
   •   Material relating to the investigation
   •   All correspondence relating to the matter, and
   •   Any documents relating to a review, including recommendations, decisions, reasons
       for the decisions and outcomes.

Confidentiality and Privacy

Council is committed to safeguarding the privacy of all individuals involved in the complaints
process in accordance with the Information Privacy Act 2009 (Qld) and Council’s Privacy
Policy.

Details of any administrative action complaint, the identity of a Complainant and other parties
to the administrative action complaint, the investigation and decisions made in relation to the
administrative action complaint should remain confidential. However, Council may be obliged
to disclose a person’s details to an external body for investigation or under a legal or statutory
process.

Council will ensure that actions taken as part of the Administrative Action Complaints
Management Policy and Procedure will comply with Council’s Privacy Policy, the Information
Privacy Act 2009 (Qld) and the associated Queensland privacy principles, which set out
requirements for the gathering, handling, use, disclosure, storage, destruction and de-
identification of personal information.

Reporting

Annual Report

The Governance Branch will provide administrative action complaints information and data for
inclusion in Council’s Annual Report, in accordance with section 187 of the Local Government
Regulation 2012 (Qld).




                                                                                               16

Page 17

ROLES AND RESPONSIBILITIES

Role               Responsibilities
Councillors        • Adopt Council’s Administrative Action Complaints Management
                     Policy and Procedure.
                   • Direct Complainants who approach them with an administrative
                     action complaint to the appropriate channels, as outlined in the
                     Complaint Management Procedure, or refer them to the
                     Governance Branch for further assistance.

Chief Executive    •   Ensure strategic oversight and accountability for the
Officer                implementation of the Administrative Action Complaints
                       Management Policy and Procedure.
                   •   Review and respond to Level 2 Complaints as the "Nominated
                       Reviewer," if nominated, as outlined in the Administrative Action
                       Complaints Management Procedure.

Directors          •   Oversee the implementation and monitoring of operational
                       improvements identified through the complaint management
                       process.
                   •   Review and respond to Level 2 Complaints, as the "Nominated
                       Reviewer," if nominated, as outlined in the Administrative Action
                       Complaints Management Procedure.

Managers           •   Manage administrative action complaints relevant to their branch
                       or services, as outlined in the Administrative Action Complaints
                       Management Procedure.
                   •   Oversee the implementation and monitoring of operational
                       improvements identified through the complaint management
                       process.
                   •   Review and respond to Level 1 and/or 2 Complaints, as the
                       "Nominated Reviewer," if nominated, as outlined in the
                       Administrative Actions Complaint Management Procedure.

Council Officers   •   Assist customers wishing to lodge an administrative action
                       complaint.
                   •   Report administrative action complaint received at the
                       operational branch level to the Governance Branch for recording.
                   •   Assist with administrative action complaint-related activities upon
                       request.

Customer Service   •   Provide advice to customers on how to lodge an administrative
Officer                action complaint.

Governance         •   Assess, process, and triage administrative action complaints, as
Branch                 outlined in the Administrative Action Complaints Management
                       Procedure.
                   •   Maintain the 17entralized Complaint Management Register.
                   •   Develop and maintain policies, procedures, guides, templates,
                       and example documents to support complaint management.
                   •   Provide training and education to employees on administrative
                       action complaint management.



                                                                                             17

Page 18

RELEVANT LEGISLATION

•     Human Rights Act 2019
•     Information Privacy Act 2009
•     Local Government Act 2009
•     Local Government Regulation 2012
•     Ombudsman Act 2001
•     Public Interest Disclosure Act 2010
•     Public Records Act 2002
•     Public Sector Ethics Act 1994
•     Right to Information Act 2009


ASSOCIATED DOCUMENTS

•     Australian Standard AS/NSZ 10002:2022
•     Council Administrative Action Complaints Management Policy
•     Council Employee Code of Conduct
•     Council Governance Framework
•     Council Human Rights Policy
•     Council Privacy Policy


HUMAN RIGHTS STATEMENT

In developing this Procedure, the subject matter has been considered in accordance with the
requirements of the Human Rights Act 2019 (QLD). It is considered that the subject matter does
not conflict with any human rights and supports a human rights approach to decision making by
Council.

Council representatives will endeavour to act and make decisions under this Procedure in a
manner that is compatible with human rights. In particular, representatives will endeavour to:
   a) Identify relevant human rights which may be affected by the action or decision;
   b) Give proper consideration to the impact of its actions and decisions on human rights;
       and
   c) Ensure that any conduct or decision by Council which limits an individual’s human rights
       is reasonable and justifiable.

    This Procedure should be read in conjunction with Council’s Human Rights Policy.




Version     Reason/ Trigger          Change (Y/N) Endorsed/ Reviewed by      Date
1.0         Creation                 N            Noosa Council              29/05/2014
2.0         Review                   Y            CEO / Noosa Council        21/06/2018
3.0         Full Review              Y            Noosa Council              XX




                                                                                           18

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