Administrative Action Complaint Process

Section 2

COUNCIL POLICY – ADMINSTRATION ACTION COMPLAINTS PROCESS


8. The council expects the complainant to:
      clearly identify the issues of complaint, or ask for help from council staff to do this;
      give the council all the available information in support of the complaint in an organised format
        at the time of making the complaint and not provide any information that is intentionally
        misleading or knowingly wrong or vexatious;
      cooperate with the council’s inquiries or investigations;
      treat the council’s staff with courtesy and respect.

If complainants do not meet these expectations, the council may set limits or conditions on the handling
of the complaint. Any abuse, harassment or threats to the safety or welfare of staff will result in
discontinuation of the complaint investigation and contact with the complainant will cease. Similarly, if it
is found that the complainant has made a frivolous, trivial, and knowingly false or a vexatious complaint
future contact with the complainant may cease.

PROCEDURE

1.        HANDLING OF ADMINISTRATIVE COMPLAINTS

First-tier - Making an administrative complaint

Administrative complaints are usually directed to Council in writing or verbally (in person at Council
offices or by email or phone).

Process for Dealing with Administrative Complaints

Registration and attempted resolution by frontline staff or referral to appropriate officer or agency.

Written Administrative Complaints (includes web, email, facsimile or letter)
         Upon receipt, the Records Staff shall refer the complaint to the appropriate officer
          usually the branch manager for initial investigation.
         The officer to whom the complaint is referred for investigation shall forward a letter
          acknowledging the complaint (within 7 days) which:
          • demonstrates that the subject of the complaint is understood;
          • indicates what will happen next;
         The officer who is investigating the complaint shall do so as expeditiously as possible.
         The officer shall advise the complainant, in writing, when action has been completed
          advising what remedial action (if any) has been taken in respect of the complaint.

Note:    In replying to the complainant the officer shall explain that, if the complainant is unhappy
         with the manner in which the complaint has been handled or the result, a review may be
         lodged either internally (by writing to the Council) or externally to either the Office of the
         Ombudsman or the Crime and Misconduct Commission.

Verbal Administrative Complaints

         The officer who first receives complaint (either by phone or over the counter) shall refer
          the matter to the appropriate officer/ branch manager for attention.

         The officer shall:
            o record the details of the complaint;
            o confirm with complainant the accuracy of what has been recorded;
            o explain what will happen next;
            o investigate the complaint as expeditiously as possible and recommend/take
                remedial action;
            o inform the complainant of the remedial action taken.


Noosa Council                                                                                     Page 2 of 4

Section 3

COUNCIL POLICY – ADMINSTRATION ACTION COMPLAINTS PROCESS


Note 1: In those cases where a complaint is received verbally which relates to a staff matter, the
        complainant is to be advised that the complaint must be lodged in writing.

Note 2: In informing the complainant of the action taken, the branch manager shall explain that, if the
        complainant is unhappy with the manner in which the complaint has been handled or the
        result, a review may be lodged either internally (by writing to the Council) or to either the
        Office of the Ombudsman or the Crime and Misconduct Commission.

Anonymous Complaints

Affected persons are able to make a complaint anonymously either in writing, via email or by telephone.
In doing so it is important to provide as much information and supporting documents for the complaint to
be investigated. As a consequence, it will not be possible to advise the complainant of council’s
decision.

Second-tier Review Process

If a complainant is not satisfied with the manner in which a complaint was handled or the remedial
action taken, a review may be lodged. This may be by an appointed complaints officers or a more
senior officer.

Who will conduct internal reviews?

The following positions are responsible for reviewing complaints as a result of an appeal:
   Complaints relating to investigation by                 Review officer
   Chief Executive Officer (CEO)                           Mayor
   Director or Branch Manager                              CEO or Executive Manager

How will an internal review be conducted?
          The reviewing officer will investigate the manner in which the complaint was originally
           handled and the remedial action taken.
          If, after investigation, the reviewing officer is satisfied with the process and the
           remedial action taken, he/she will inform the complainant accordingly.
          If the reviewing officer is not satisfied with the manner in which the complaint was
           handled or the remedial action taken, he/she will:
             o counsel the officer who initially handled the complaint;
             o institute action to achieve the desired result;
             o inform the complainant of the outcome of his/her review.

          In the case of reviews undertaken by the CEO or Executive Manager, he/she will inform
           the Mayor.

Note 1:    If the complainant remains dissatisfied, further consideration should be given to options that
           may be available to achieve a settlement. This may include conciliation, mediation, or further
           direct negotiations over remedying the grievance.

Note 2:    In replying to the complainant, the reviewing officer shall explain that, if the complainant is
           unhappy with the manner in which the complaint has been handled or the result, an
           appeal may be lodged with either the Office of the Ombudsman or the Crime and
           Misconduct Commission.

Third-tier External Reviews
If a person feels that the Council has not properly dealt with a complaint internally, that person may
wish to refer the matter to any of the following Appeal Agencies:




Noosa Council                                                                                     Page 3 of 4

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COUNCIL POLICY – ADMINSTRATION ACTION COMPLAINTS PROCESS




              The Office of the Ombudsman
              GPO Box 3314
              BRISBANE Q 4001
              Telephone: (07) 3005 7000

              Crime and Misconduct Commission Queensland
              GPO Box 3123
              Brisbane Q 4001
              Telephone:           (07) 3360 6060


2.            MONITORING AND REVIEW
How are administrative complaints recorded
A register of all administrative complaints will be maintained by Council and a quarterly report will be
provided to the Chief Executive Officer.
In accordance with the requirements of the Local Government Act a report will be included in Council’s
annual report relating to administrative complaints.


DEFINITION
An administrative action complaint is a complaint made by a person directly affected by an
administrative action. It is an expression of dissatisfaction about a service or any associated
administrative matter provided or the performance of staff in providing that service or associated
administrative matter. It does not include representations which debate or challenge the substance of
council’s policies, programs or regulatory powers.


OTHER RELATED DOCUMENTS
         Australian Standard Complaints Handling AS4269-1995
         Quality Management ISO 10002 2004 – Customer Satisfaction – Guidelines for Complaints
          Handling in Organisations
         Commonwealth Ombudsman publication "Better Practice Guide to Complaint Handling 2009"


CONTACT
Executive Office

Version control:

    Version      Reason/ Trigger                    Change (Y/N)   Endorsed/ Reviewed by   Date

    1.0          New                                Y              Council                 29 May 2014

                 Eg. Review




Noosa Council                                                                                     Page 4 of 4