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

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).




                                                                                                7