Purpose
This policy ensures international students have a fair, inexpensive complaints and appeals process for the resolution of any type of dispute that includes access to an independent external body if necessary. The Intellect must make prompt decisions as a student’s visa will restrict his or her length of stay in Australia.
This policy has internal complaints and appeals process that:
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- requires a written record if the complaint or appeal cannot be resolved informally;
- provides a student with the opportunity to formally present his or her case at minimal or no cost;
- allows the student to be assisted or accompanied by a support person;
- provides a written statement of the outcome, including details and reasons for the decision; and
- requires that processes begin within 10 working days of the Intellect receiving the formal written lodgement of the complaint or appeal.
The Intellect will maintain the student’s enrolment while the complaints and appeals process is ongoing. This does not necessarily mean that a student will remain in class.
The Intellect will have arrangements in place for an independent external person or organisation to hear the complaints or appeals where the Intellect’s internal process has been completed and the student remains dissatisfied.
The student will be granted immediate access to the Intellect complaints and appeals process. The process must begin within 10 working days of the formal lodgement of the complaint or appeal.
The Intellect’s documented internal complaints and appeals process must include provision of a written statement of the outcome including details and reasons for the decision.
If the outcome of a student’s appeal through a provider’s internal or external complaints and appeals handling process is favourable to the student, the Intellect must immediately advise the student of this and implement any decision and/or corrective and preventive action required.
The process must begin within 10 days of receipt of the formal complaint. It must be completed within a reasonable timeframe which takes into consideration the length of a student’s visa and the student’s enrolment in future subjects and/or courses.
The complaints and appeal process must give the student the opportunity to:
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- formally present his or her case; and
- be accompanied or assisted by a support person.
It is important for the Intellect to make the objective of the process clear in its policies and procedures.
For example, is the objective to reach a mediated resolution or is it for the internal complaints and appeals processes to reach a determination? Generally, a mediated solution will be inappropriate when the issue is whether or not the institution followed its own policies and procedures.
While the Intellect has arrangements in place for complaints or appeals, the Intellect may use different processes for different types of complaints. When considering which processes are suitable, the Intellect will bear in mind the appropriateness of the process for the particular kind of complaint as well as accessibility, timeliness, cost and procedural fairness.
The Intellect has arrangements in place for external complaints or appeals. It does not prescribe the process of the external appeal. The Intellect may use different processes for different types of complaints.
In most cases, the purpose of the external appeals process is to consider whether the Intellect has followed its policies and procedures – it is not to make a decision in place of the Intellect.
For example, if a student appeals against his or her subject results and goes through the Intellect’s internal appeals process, the external appeals process (if accessed) would look at the way in which the internal appeal was conducted; it would not make a determination as to what the subject result should be.
If the student is not satisfied with the outcome or conduct of the internal complaint handling and appeals process, the Intellect must be able to supply information to the student on how to pursue the appeal through the external appeals process. There should be no charge for advising students of their rights to access an external appeals process. The external appeals process to which the student is referred should be at minimal or no cost.
Until the complaints and appeals process is completed, the Intellect must maintain the enrolment of the student. To ‘maintain the student’s enrolment’ means the Intellect does not notify DET of any change to the student’s enrolment status through the Provider Registration and International Student Management System (PRISMS).
The Intellect must maintain the student’s enrolment throughout the internal appeals process for all types of complaints or appeals. However, whether the Intellect must maintain the enrolment throughout an external appeals process depends on the type of appeal.
The Intellect must wait for the outcome of the external process in this case as reporting a student for unsatisfactory progress or attendance has serious consequences for the student’s visa – the Intellect only needs to await the outcome of the internal appeals process (supporting the Intellect) before notifying DET through PRISMS of the change to the student’s enrolment.
Once DET has been notified of a deferment, suspension or cancellation of a student’s enrolment, the student has 28 days in which to:
- leave Australia
- show the Department of Department of Home Affairs (DHA) a new Confirmation of Enrolment (CoE)
- provide DHA with evidence that he or she has accessed an external appeals process.
Standard 10 does not require providers to continue to offer learning opportunities throughout the complaints or appeals process. Each provider must decide whether it will continue to offer learning opportunities throughout any appeals process. For example, some providers may decide to exclude a student from attending classes, but continue to provide work to complete outside of the classroom environment.
Providers should consider that to deny students learning opportunities throughout the appeals process may disadvantage the students in their subsequent studies should the appeals process find in their favour. If students have missed a few weeks of studies, it may be difficult for them to catch up on this work.
If a student takes the complaint or appeal to the external process, the student must be informed promptly of the decision reached by the external body.
The Intellect should update the student’s file to record the outcome, and any subsequent actions.
Policy
The Intellect aims to resolve all complaints received in an informal manner to avoid unneccessary stress and disruption to the student and the Intellect.
However, if a complaint is unable to be resolved on an informal level the student is required to present to the Intellect a written complaint within 5 business days of the incident. The written complaint will then be acknowledged by the Intellect within 5 business days with an outline of the process to be followed and an estimated timeframe for resolving the complaint. Any expected delay is required to be explained. Should a delay be encountered once the complaint handling process has been commenced, this is required to be advised in writing with a revised period. Review of the complaint will begin within 10 business days of the Intellect receiving the formal written lodgement of the complaint.
Complainants can represent themselves, and there are no fees for accessing the grievances and complaints procedures. Complainants may be assisted and supported by another person at any meetings.
A written statement of the outcome, including details and reasons for the decision will be provided to the student. The Intellect will immediately advise the student and implement any decision in the event of any favourable outcome to the student.
The Intellect will maintain the student’s enrolment while the internal and external complaints and appeals process is ongoing if there is a threat that the student will be deported. However, if there is no threat that the student will be deported enrolment may only be mainted during the internal process (enrolment during the external process will be at the Intellect’s discretion).
This policy advises that students are able to access the Intellect’s Appeals process within 20 working days of the outcome of the complaint. As per Standard 10 there is no cost for accessing this process. The outcome of the external appeals process will be final and accepted by both parties.
For contact details and information on how to make a complaint, please go to http://www.oso.gov.au/making-a-complaint/
At present there is no fee for use of this service, but this may change.
Informal Complaint Procedure
Student has a complaint
- Approaches Teacher/PEO with complaint
- Teacher/PEO resolves complaint internally on an informal basis
Formal Complaint Procedure
Student has a complaint
- Student lodges the complaint in writing to the PEO within 5 business days of the incident occuring
- The written complaint will be acknowledged by the Intellect in writing, along with an outline of the processes to be followed and an estimated time frame.
- Review of the complaint to begin within 10 working days of the written complaint being received
- The students enrolment will be maintained during the review process (if there is a threat the student will be deported)
- A written statement detailing the outcome of the complaint review will be given to the student
- In the event of a favourable outcome for the student, the Intellect will immediately advise and implement any decision
- If student unhappy with result – able to lodge internal appeals process
- Student able to pursue external appeal at no extra cost to them if they are unhappy with the outcome of the complaint review.