TMG Complaints and Appeals Policy 09 Complai… · • Marketing information • The quality of training and assessment provided • Training and assessment matters, including Student

Policy Number: TMGP09

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The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code 03397E

THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED

Document Type: TMGP 09 Policy Document

Version 6.1 Reviewed Date: Jan 2020 Next Review Date: Jan 2021 Page 1 of 27

Location: Staff Portal

Policy Document:

TMG Complaints and Appeals Policy Please Note: This Policy is mandatory, and TMG College Australia Staff are required to adhere to

the content.

Policy Number: TMGP 09

Summary

Version Number: 6.1

Status: ENDORSED

Approved By: CEO

Date Policy to Be

Reviewed:

Jan 2021

Author: Compliance and Quality Assurance Department

Owner: CEO

Divisions: The Malka Group Pty Ltd RTO #21694, CRICOS #03397E trading

as TMG College Australia.

Related Policies,

Procedures, Forms,

Guidelines, Standards,

Frameworks:

Related Policies - Refer to TMG Policy Framework

• Continuous Improvement Register and Forms

• Information for Prospective Learners -Domestic Handbook

• Student Handbook

• International Student Handbook

• ELICOS Student Handbook

• Complaints, Grievance and Appeals Form

• TMG College Australia Website

• ST18 Complaints & Appeals Outcome Feedback Form

• RA01 Complaints and Appeals Register

• Appendix A: Student making Complaints and Appeals at

TMG College Australia Flow Chart

• Appendix B: Staff Processing Complaints at TMG College

Australia Flow Chart

• Appendix C: Fact Sheet 01 - Complaints and Appeals Fact

Sheet

Related

Legislation/Applicable

Section of Legislation:

ESOS/NCP Standard 3.2 (d)

Standard 6.1

Standard 7.5

Standard 8

Standard 11.6 , 11.7

Standard 13.4


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SRTOs 2015 Standard 5 Clause 5.2 d. the learner’s

rights, including:

i. details of the RTO’s Complaints and

Appeals process required by Standard 6.

Standard 6 (Clauses 6.1 to 6.6)

2018-19

Standard VET

Funding

Contract (Skills

First Program -

Extended to 31

Dec 2020),

TMG College Australia ensures adherence

to the 2018-19 Standard VET Funding

Contract Skills First Program (Extended to

31 Dec 2020), Ministerial Directions and all

Skills First Guidelines.

National ELICOS

Standards

Standard P8 – Business Management

NEAS Standards Section D: Student Services (1 Complaints

and Appeals procedures)

Other

Applicable

Legislation,

Regulations and

Guidelines

• Education and Training Reform Act

2006 (Victoria)

• Standards for VET Accredited Courses

2012

• Victorian Guidelines for VET Providers

(Victoria)

• Privacy Act 1988 (Commonwealth)

• Information Privacy Act 2000

(Victoria)

• Financial Management and

Accountability Act 1997

• Australian Consumer Law 2011

• Fair Trading Act 1999

Contract and Compliance

Requirements:

• https://internationaleducation.gov.au/Regulatory-

Information/Education-Services-for-Overseas-Students-

ESOS-Legislative-Framework/National-

Code/nationalcodepartd/Pages/ESOSNationalcode-

PartD.aspx

• http://www.asqa.gov.au/users-guide-to-the-standards-

for-registered-training-organisations-2015/users-guide-to-

the-standards-for-registered-training-organisations-

2015.html

• https://neas.org.au/wp-

content/uploads/2019/09/Z5412_NEAS_Quality-

Assurance-Framework-mapped-to-the-ELICOS-

Standards-2018-and-the-national-code-2018.pdf

• https://internationaleducation.gov.au/Regulatory-

Information/Education-Services-for-Overseas-Students-

https://internationaleducation.gov.au/Regulatory-Information/Education-Services-for-Overseas-Students-ESOS-Legislative-Framework/National-Code/nationalcodepartd/Pages/ESOSNationalcode-PartD.aspx





http://www.asqa.gov.au/users-guide-to-the-standards-for-registered-training-organisations-2015/users-guide-to-the-standards-for-registered-training-organisations-2015.html




https://neas.org.au/wp-content/uploads/2019/09/Z5412_NEAS_Quality-Assurance-Framework-mapped-to-the-ELICOS-Standards-2018-and-the-national-code-2018.pdf




https://internationaleducation.gov.au/Regulatory-Information/Education-Services-for-Overseas-Students-ESOS-Legislative-Framework/ELICOSnationalstandards/Pages/Default.aspx



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ESOS-Legislative-

Framework/ELICOSnationalstandards/Pages/Default.aspx

Related To: Domestic and International Students

Publication: Compliance and Quality Assurance Department

Endorsed by Management

Committee:

Jan 2020

Document Control: All printed versions of this document are classified as

uncontrolled. A controlled version of this document is available

from the Staff Portal or in the ‘Policies & Forms’ section of TMG

College Australia’s website. Questions on this Policy should be

initially directed to Compliance and Quality Assurance

Department at [email protected]



mailto:[email protected]


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Table of Contents

Policy Document: ............................................................................................................. 1

TMG Complaints and Appeals Policy............................................................................. 1

1. Title and Policy Number .......................................................................................................................................... 5

2. Purpose ..................................................................................................................................................................... 5

3. Policy Objective ...................................................................................................................................................... 5

5. Appealing ................................................................................................................................................................ 8

6. General Appeals ..................................................................................................................................................... 9

7. Assessment Appeals ............................................................................................................................................... 9

8. External Appeals...................................................................................................................................................... 9

9. Further Information ................................................................................................................................................ 10

10. The TMG Complaints and Appeals Policy - principles of natural justice and procedural fairness ........... 11

11. General Process to Lodge a Complaint or Internal Appeal .......................................................................... 12

12. Categorisation of Complaint or Appeal .......................................................................................................... 15

13. Continuous Improvement .................................................................................................................................. 15

14. Confidentiality and Privacy Statement ............................................................................................................ 16

15. Publication ........................................................................................................................................................... 16

16. Monitoring, Evaluation and Review .................................................................................................................. 16

17. Definitions and Abbreviations ............................................................................................................................ 16

18. Appendix A: Student making Complaints and Appeals at TMG Flow Chart .............................................. 18

19. Appendix B: Staff Processing Complaints at TMG Flow Chart ....................................................................... 19

20. Appendix C: Fact Sheet 01 - Complaints and Appeals Fact Sheet ............................................................. 20

21. Appendix D: Complaint Handling Checklist 2019 ........................................................................................... 23

22. Appendix E: National Code Complaint Handling Standards ........................................................................ 26

See: https://internationaleducation.gov.au/Regulatory-Information/Education-Services-for-Overseas-

Students-ESOS-Legislative-Framework/National-

Code/nationalcodepartd/Pages/ExplanatoryguideD8.aspx ............................................................................. 27

23. Revision Record ................................................................................................................................................... 27


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1. Title and Policy Number

TMGP09 – TMG Complaints and Appeals Policy

2. Purpose

The purpose of this Policy and Procedure is to outline

• TMG College Australia’s approach to managing dissatisfaction, formal Complaints and

Appeals of Students, Clients, Educational Agents, Staff, Trainer, Assessors and other third

parties.

• TMG College Australia provides a transparent approach for all Complaints and Appeals

to be addressed in a fair, efficient and confidential manner.

This Policy and Procedure ensure compliance with Standard 6 of the Standards for Registered

Training Organisation, 2015 and Standard 10 of National Code 2018.

3. Policy Objective

TMG College Australia deems a Complaint or Appeal to be dissatisfaction with the procedures,

outcomes or the quality of service provided by TMG College Australia’s Trainer and Assessors,

TMG College Australia. TMG College Australia has developed a formal Complaints and Appeals

Policy and Procedure that will be viewed as part of Continuous Improvement.

TMG College Australia will approach all Complaints and Appeals with an open view and

attempt to resolve issues through discussion and conciliation. Where a Complaint cannot be

resolved through discussion and mediation, TMG College Australia acknowledges the need for

an appropriate external and independent agent to mediate between the parties.

TMG College Australia understands individuals’ concerns regarding confidentiality and is totally

committed to fair treatment respecting and upholding individuals’ rights to privacy protection

under the Australian Privacy Principles (APPs) contained in The Privacy Act amended 1988 (Cth).

TMG respects the privacy rights of all individuals in the workplace. TMG College Australia has

implemented a program to ensure compliance with the APPs.

TMG College Australia understands that despite all its efforts to provide satisfactory services to its

Students, Complaints may occasionally arise that require formal resolution. Students have the

opportunity to have any Complaint or Appeal resolved and resolutions reached that attempt to

satisfy all parties. There is no cost to the Student unless the referral is made to a third party.

TMG College Australia ensures that it publishes The Complaints and Appeals Policy on its website

at all times.


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Complaints and Appeals may be made in relation to any of the following:

• TMG College Australia, its Trainers, Assessors or other Staff;

• Any provider of services on TMG College Australia’s behalf, its Trainers, Assessors

or other Staff;

• Assessment/RPL outcome;

• Fees and Refunds/re-crediting or

• Students of TMG College Australia.

Complaints may be made in relation to any of TMG’s services and activities such as:

• The application and enrolment process

• Marketing information

• The quality of training and assessment provided

• Training and assessment matters, including Student progress, Student support

and assessment requirements

• The way someone has been treated

• The actions of another Student

Appeals should be made to request that a decision made by TMG College Australia is

reviewed. Decisions may have been about:

• Course admissions

• Refund assessments

• Response to a Complaint

• Assessment outcomes / results

• Attendance or Course Progress requirements

• Other general decisions made by TMG College Australia

TMG College Australia is committed to developing a procedurally fair Complaints and Appeals

process that is carried out free from bias, following the principles of natural justice. Through this

Policy and procedure, TMG ensures that Complaints and Appeals:

• Are responded to in a consistent and transparent manner.

• Are responded to promptly, objectively, with sensitivity and confidentiality.

• Are able to be made at no cost to the individual.

• Are used as an opportunity to identify potential causes of the Complaint or

Appeal and take actions to prevent the issues from recurring as well as

identifying any areas for improvement.

The Complaints and Appeals Policy and Procedure and Form are made available to all

Students and potential Students by directly contacting TMG College Australia, through the TMG

College Australia’s website, and Student Handbook.

Where possible, all informal attempts shall be made to resolve the issue (Informal Compliant) this

may include advice, discussions, meeting with the Student, emails and general mediation in

relation to the issue and the Student’s issue. Any Staff member can be involved in this informal

process to resolve issues, but once a Student has placed a formal Complaint / Appeal, the

following procedures must be followed.


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If a Student is uncomfortable with speaking directly to the person involved or the informal

process does not resolve the issue to the Student’s satisfaction, the formal process should be

followed as described below.

Where a Student is unhappy with the outcome of an assessment decision, this will be dealt with

under assessment Appeals.

4. Formal Complaints

Any Student, potential Student, Employee or third party may submit a formal Complaint to TMG

College Australia with the reasonable expectation that all Complaints will be treated with

integrity and privacy. There is no cost for the Complaints process unless it is referred to a third

party. Complainants have the right to access advice and support from independent external

agencies/persons at any point of the Complaint and Appeals process. Use of external services

will be at the Complainant’s costs unless authorised by the CEO.

Any person wishing to submit a formal Complaint can do so by completing the Complaints and

Appeals Form and state their case, providing as many details as possible. This form can be

obtained by contacting Administration Staff at TMG College Australia, or through the TMG

College Australia website.

All formally submitted Complaints are submitted to the General Manager Quality and

Compliance.

Once a formal Complaint is received it will be entered into the Complaints and Appeals Register

which is monitored by the General Manager Quality and Compliance regularly. The information

to be contained and updated within the register is as follows:

A Student may be assisted or accompanied by a support person at any face to face meetings

regardless of the nature of the issue or Complaint throughout the process at all times.

The General Manager Quality and Compliance will then refer the matter to the appropriate

Staff members or CEO to resolve or make a decision on the Complaint within 10 working days

and keep the Complainant informed of any decisions or outcomes concluded, or processes in

place to deal with the Complaint.

Where a decision is expected to take longer than 60 days, TMG College Australia will advise the

Student in writing of the delay and including the reasons for the delay. Thereafter the Student

will be provided with weekly updates in writing of the progress of the Complaint or Appeal.

Submission date of complaint

Name of complainant

Description of complaint

Determined Resolution

Date of Resolution


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Once a decision has been reached, the CEO and General Manager Quality and Compliance

inform all parties involved in writing. Where the Complaint process does not find in favour of the

learner, they will be notified that they have the right of Appeal. To Appeal a decision, the RTO

must receive, in writing, grounds of the Appeal within 10 days of the date of the notice of the

decision.

The CEO ensures that TMG College Australia will act immediately on any Complaint where the

Complaints process results in a decision that supports the Student. TMG College Australia will

immediately implement any decision and/or corrective and preventative action that are

required and advise the Student of the outcome.

Copies of all documentation, outcomes and further action required will be placed on the

Complaints and Appeals Register by the General Manager Quality and Compliance or

representative and also in the Student's file.

5. Appealing

All Students have the right to Appeal decisions made by TMG College Australia where

reasonable grounds can be established. The areas in which a Student may Appeal a decision

made by TMG College Australia may include:

• Any other conclusion/decision that is made after a Complaint has been dealt with TMG

College Australia in the first instance as described in the Complaints process above. (This is

referred to as general Appeals)

• Assessments decisions as set out below (assessment Appeals).

To activate the Appeals process, the Student must complete a Complaints and Appeals Form

that is to include a summary of the grounds the Appeal is based upon. The reason the Student

feels the decision is unfair is to be clearly explained and help and support with this process can

be gained from TMG Staff.

With regard to general Appeals, The Complaints and Appeals Committee determines the

validity of the Appeal and organises a meeting with all parties involved in the matter and

attempts to seek resolution where appropriate.

The process for all formally lodged Appeals will begin within 10 working days of the Appeal being

lodged.

The Complaints and Appeals Committee ensures TMG acts on any substantiated Appeal.

* The Complaints and Appeals Committee is made up of the CEO, General Manager Quality

and Compliance, and Training Coordinator.


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6. General Appeals

Where a Student has Appealed a decision or outcome of a formal Complaint, they are required

to notify TMG College Australia in writing within 20 working days of the grounds of their Appeal.

Any supporting documentation should also be attached to the Appeal

The Appeal shall be lodged through the Complaints and Appeals Committee and they shall

record the details of the Appeal the Complaints and Appeals Register.

The Complaints and Appeals Committee will be notified and will seek details regarding the

initial documentation of the Complaint and make a decision based on the grounds of the

Appeal.

The Student will be notified in writing of the outcome with reasons for the decisions, and the

Complaints and Appeals Register updated. The Student will also be provided the option of

activating the external Appeals process if they are not satisfied with the outcome. The Student

is required to notify TMG College Australia if they wish to proceed with the external Appeals

process.

7. Assessment Appeals

Where a Student wishes to Appeal an assessment, they are required to notify their Trainer in the

first instance. Where appropriate their Trainer may decide to re-assess the Student to ensure a

fair and equitable decision is gained. The Trainer shall complete a written report regarding the

re-assessment outlining the reasons why assessment was - or was not - granted.

If this is still not to the Student’s satisfaction, the Student may formally lodge an Appeal. They will

lodge this with the Complaints and Appeals Committee and the Appeal will be entered in the

Complaints and Appeals Register.

The General Manager Quality and Compliance and the Training Coordinator will be notified

and will seek details from the Trainer involved and any other relevant parties. A decision will be

made regarding the Appeal either indicating the assessment decision stands or details of a

possible re-assessment by a third party. The third party will be another Trainer appointed by TMG

College Australia.

The Student will be notified in writing of the outcome with reasons for the decision, and the

Complaints and Appeals Register updated. The Student will also be provided the option of

activating the external Appeals process if they are not satisfied with the outcome. The Student

is required to notify TMG College Australia if they wish to proceed with the external Appeals

process.

8. External Appeals

If not satisfied with the decision in stage 2, the Complainant may request that the matter be

further reviewed by an external dispute resolution process, by the body appointed by TMG

College Australia for that purpose.

The details of these external bodies are as follows:

Resolution Institute


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328 Flinders St Melbourne

+61 2 9251 3366

Freecall : 1800 651 650 Fax: +61 2 9251 3733

[email protected]

13 – 15 Bridge Street Sydney NSW 2000

+61 2 9251 3366

Freecall: 1800 651 650 Fax: +61 2 9251 3733

[email protected]

Or

Overseas Students Ombudsman (For International Students only) at Website:

http://www.oso.gov.au or on Phone:1300362072

The division of the expenses associated with the mediation e.g. mediator’s fee, room hire and

possibly travel expenses are to be shared equally between TMG and the Complainant.

The Malka Group Pty Ltd trading as TMG College Australia will immediately implement

recommendations arising from the external review within at least 10 working days of the receipt

of the recommendations.

9. Further Information

If a Client (Student or other Client) is still dissatisfied with the decision of TMG College Australia,

they may wish to seek advice or make a Complaint about TMG College Australia to ASQA

directly. If, after TMG College Australia ’s internal Complaints and Appeals processes have been

completed, you still believe TMG College Australia is breaching or has breached its legal

requirements, you can submit a Complaint to ASQA by completing the “The Complaint about a

training organisation operating under ASQA’s jurisdiction” form. While ASQA will not be able to

act as your advocate the lodgement of your Complaint will inform ASQA’s risk assessment of TMG

College Australia and a Complaint audit may be conducted.

Contact details for ASQA are:

Australian Skills Quality Authority (ASQA)

Melbourne - Level 6, 595 Collins Street

Brisbane - Level 7, 215 Adelaide Street

Sydney - Level 10, 255 Elizabeth Street

Canberra - Ground Floor, 64 Northbourne Avenue

Perth - Level 11, 250 St Georges Terrace

Adelaide - Level 5, 115 Grenfell Street Hobart -

Level 11, 188 Collins Street Telephone: 1300 701

801

Email: [email protected]

Website: www.asqa.gov.au

TMG College Australia Staff may also use this Complaints and Appeals process. TMG College

Australia will use all Complaints as an opportunity for continuous improvement.

This Policy and procedure is compliant with VQF and National Code Standards in providing a

process for Complaints and Appeals to be heard and actioned where necessary.

http://www.oso.gov.au/


http://www.asqa.gov.au/

http://www.asqa.gov.au/


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10. The TMG Complaints and Appeals Policy - principles of natural

justice and procedural fairness

• All parties to a Complaint or Appeal have the opportunity to put their case and have this

properly considered

• Any allegation against a TMG College Australia Staff member or member of a

subcontractor party is made known to that person

• Investigations and decisions are made by persons who do not exercise bias

• A Complainant should feel confident that they will not suffer any discrimination as a result

of using the Complaint or Appeal process

• Confidentiality shall be maintained to the extent of the people that need to be directly

involved in the Complaint or Appeal process.

• All the information regarding this Policy can be found:

o On the TMG College Australia website;

o In the Student Handbook;

o In the Staff Handbook;

o In the Letter of Offer and Agreement ;

o During Orientation;

o From Reception;

• The Student can be supported or accompanied by an independent person or friend during

the Complaints and Appeals process.

• It is normal TMG College Australia Policy that whilst a Student is going through any formal

Complaint or Appeals process that the Student remains enrolled at TMG College Australia

and continues their studies and assessments in the normal way. It should be noted that if

the Complaint or Appeal has resulted in the Student being suspended or excluded due to

a breach of the Student Code of Conduct, then the suspension or exclusion shall continue

until either it has expired, or the result of the Complaint or Appeal is decided in the Students

favour.

• TMG College Australia has a fair and transparent informal and formal Complaints and

Appeals process, but should the Student require it, access is available to an independent

mediator who can review the compliant and/or Appeals process.

Important: see notes at beginning of section on External Appeals Procedure below.

NOTE: If the outcome is in the Appellant’s favour then TMG College Australia will implement any

changes recommended by the adjudicator immediately and advise the Appellant of the

outcome and actions taken.


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11. General Process to Lodge a Complaint or Internal Appeal

The process to be followed for an external Appeal is documented for Domestic Students.

The following actions must be completed for a Complaint or internal Appeal:

Topic Process

Availability of

Complaints and

Appeals Policy and

Procedures

The Complaints and Appeals Policy and procedure and form

are made available to all Students and potential Students by

directly contacting TMG College Australia, through the TMG

College Australia’s website, Pre enrolment and Student

Handbook.

Informal Complaints Where possible all informal attempts shall be made to resolve

the issue (Informal Compliant).

This may include advice, discussions, meeting with the Student,

emails and general mediation in relation to the issue and the

Student’s issue.

Any Staff member can be involved in this informal process to

resolve issues but once a Student has placed a formal

Complaint / Appeal the following procedures must be

followed.

Receive and

Acknowledge the

Formal Complaint

Complaints

Any Student, potential Student, Employee or third party may

submit a formal Complaint to TMG with the reasonable

expectation that all Complaints will be treated with integrity

and privacy. There is no cost for the Complaints process

unless it is referred to a third party

Complainants have the right to access advice and support

from independent external agencies/persons at any point of

the Complaint and Appeals process. Use of external services

will be at the Complainant’s costs unless authorised by the

CEO.

Any person wishing to submit a formal Complaint or Appeal

can do so by completing the Complaints and Appeals Form

and state their case providing as many details as possible. This

form can be obtained by contacting Administration Staff at

TMG, or through the TMG website.

a. As per Policy, Complaints are to be made in writing by the

Complainant.

b. The General Manager Quality and Compliance will review

all Complaints upon receipt.

c. Acknowledge receipt of Complaint in writing by sending a

letter to Complainant.


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d. Record details of the Complaint on the Complaints and

Appeals Register.

Review of Complaint or

Appeal

Once a Complaint or Appeal is received and checked for it

should be forwarded to the review person (identified in the

table below) for review.

Cost There will be no charge to the Complainant or Appellant for

the lodgement or presentation of their case. Incidental

expenses for attending TMG offices to lodge the document

or attend a meeting or any charges incurred (e.g.

telephone) will NOT be reimbursed.

Presentation of Case ALL Complainants and Appellants must be given the

opportunity to formally present their case and to be

accompanied by a friend or third party to support them (and

if language is an issue to help them present their case). The

cost to accompany that friend/third party will be at their own

cost.

Determination The Review Person may gather evidence and constitute a

review committee as they see fit.

This process must be commenced within 10 working days of

the lodgement of the Complaint or Appeal (and receipt of

all supporting evidence) and complete the process within a

reasonable time period usually 10- 15 working days.

If further evidence is requested, then the Review Person must

communicate with the Complainant or Appellant as soon as

possible and within 5 working days asking for evidence.

The process will be put on hold until the evidence is received.

How a decision is reached will be advised in the written

response to the Complainant or Appellant.

Timescale The Complaint or Appeal should normally be commenced

within 10 working days of the receipt of the completed form

and associated supporting material. See “Determination”

above in relation to request of supplementary information.

Appeal Following A

Complaint

If the Complainant is not happy with the decision they may

Appeal. That Appeal is on the fairness and objectivity of the

decision.

Formal Response to A

Complaint

A template for a formal written response has been

developed for when the Complaint is accepted or rejected.

This included the Complainant’s right to access the Internal

Appeals process.

Formal Response to An

Appeal

A template for a formal written response has been

developed for when the Appeal is accepted or rejected.

This includes the Complainant’s right to access the External

Appeal process.


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Documentation ALL documentation relating to a formal Complaint or Appeal

MUST be recorded on the Student file.

This must include the initial form, supporting evidence,

meeting minutes, copy of correspondence with all

concerned parties. This information will be kept confidently

and stored securely for 7 years.

Documentation of all Complaints and Appeals and their

outcomes is securely maintained. Potential causes of

Complaints and Appeals are identified and TMG takes

appropriate corrective action to eliminate or mitigate the

likelihood of reoccurrence.

Complaints and

Appeals Register

All formal Complaints or Appeals must be logged in the

Complaints and Appeals Register

Learning A Complaint or Appeal is a learning opportunity for TMG. The

outcome will be seen as an input to the continuous

improvement process. Any decisions that support Students

will be immediately implemented

Standards for

Registered Training

Organisations 2015

Subject to Clause 6.6, to be compliant with Standard 6 TMG

has the following procedures in place:

1. TMG has a Complaints Policy to manage and respond to

allegations involving the conduct of:

a) TMG, its trainers, assessors or other Staff;

b) a third-party providing services on TMG’s behalf,

its trainers, assessors or other Staff; or

c) a Student of TMG.

2. TMG has an Appeals Policy to manage requests for a

review of decisions, including assessment decisions, made by

TMG or a third-party providing services on the TMG’s behalf.

3. TMG’s Complaints Policy and Appeals Policy ensure:

a) the principles of natural justice and procedural

fairness are adopted at every stage of the Complaint

and Appeal process;

b) are publicly available;

c) set out the procedure for making a Complaint or

requesting an Appeal;

d) Complaints and requests for an Appeal are

acknowledged in writing and finalised as soon as

practicable; and

e) provide for review by an appropriate party

independent of TMG and the Complainant or

Appellant, at the request of the individual making the

Complaint or Appeal, if the processes fail to resolve

the Complaint or Appeal.

4. Where TMG considers more than 60 calendar days are

required to process and finalise the Complaint or Appeal,

TMG:

a) informs the Complainant or Appellant in writing,

including reasons why more than 60 calendar days

are required; and


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b) regularly updates the Complainant or Appellant

on the progress of the matter.

12. Categorisation of Complaint or Appeal

The nature of the Complaint or Appeal will be

categorised as follows: Matter referred to the following:

Administrative Complaint. Complaints against the

delivery of administrative and support services and

facilities

Student Services Manager with General

Manager Quality and Compliance

Academic Complaint. Complaints against

teachers/trainers, training delivery and assessment

and the like.

Training Coordinator with General Manager

Quality and Compliance

Student Conduct Complaint. Complaints against

misconduct/ misbehaviour of Students.

Training Coordinator with General Manager

Quality and Compliance

Appeal CEO with General Manager Quality and

Compliance

13. Continuous Improvement

A summary of all Complaints and Appeals received in the Complaints and Appeals Register will

be presented as a part of the Continuous Improvement Policy and procedure at the

Management Meeting for review. The purpose of this is to ensure management become aware

of:

• Repeat issues

• Students that may be being vexatious in using the process

• Common threads relating to the general management and or safety of the staff and

students and the services being provided.

• When viewed collectively, any general adverse trend that needs correcting


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14. Confidentiality and Privacy Statement

TMG College Australia values and is committed to protecting the privacy of its Students. We

collect and use Student’s personal information provided on the Complaints Form to address

their Complaint. Access to the Complaint details are restricted to authorised Staff that assist in

addressing the Complaint. The Student will receive written notification of the final

outcome/resolution of the Complaint. Students may have the right to access the personal

information we held on them subject to any exemptions in relevant laws, by contacting us on

[email protected].

15. Publication

This Policy, once approved, will be available to all Students and Staff by accessing it from the

TMG College Australia’s website or from TMG College Australia Reception or TMG College

Australia Staff Portal.

This Policy and Procedure will form part of the information distributed and communicated

during Staff orientation.

16. Monitoring, Evaluation and Review

The CEO, General Manager Quality and Compliance or the Delegated Manager must

monitor, evaluate and review this Policy and relevant Procedures on an ongoing basis and

suggest appropriate changes to the Compliance and Quality Assurance Department for

approval.

17. Definitions and Abbreviations

Term Meaning

Services Means training, assessment, related educational and support services

and/or activities related to the recruitment of prospective Students. It

does not include services such as Student counselling, mediation or ICT

support

Standards Means the Standards for Registered Training Organisations 2015 from

the VET Quality Framework

Complaint An informal or a formal written allegation of a breach of rules, policies

or governing regulations of TMG College Australia either by a Staff

member or a Student.

This might include Complaint about the RTO, RTO Staff, other Students

or third parties, assessment outcomes/decisions.



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Appeal A request that an administrative decision or a Complaint outcome

be resubmitted for formal review or reconsideration

Appellant/

Complainant

A Student (or Staff member) who wishes to activate the Complaints

and Appeals process

External

Appeals

Process

Resolution Institute 328 Flinders St Melbourne

Level 1 and 2 +61 2 9251 3366

13-15 Bridge Street

Sydney NSW 2000

+61 2 9251 3366

Freecall: 1800 651 650

+61 2 9251 3733

[email protected]

Or

Overseas Students Ombudsman (For International Students only) at

Website: http://www.oso.gov.au

https://maps.google.com/?q=13-15+Bridge+Street+%0D%0A%09%09%09Sydney+NSW&entry=gmail&source=g




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18. Appendix A: Student making Complaints and Appeals at TMG

College Australia Flow Chart

Management

committee and

CI meeting

Information will also go in the

Student File, SMS, PRISMS

(Overseas/International Students)


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19. Appendix B: Staff Processing Complaints at TMG College

Australia Flow Chart

Or Parents


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20. Appendix C: Fact Sheet 01 - Complaints and Appeals Fact

Sheet

Background

Students of TMG College Australia are encouraged to discuss any issues relating to their studies at

TMG. Student Complaints and academic Appeals will be taken seriously, and the matter

addressed as soon as possible.

TMG College Australia has established a simple process for dealing with Complaints.

Information regarding Complaints is provided at orientation and in the Student handbook;

copies of the Complaints Policy are available on request and are documented in the Student

Handbook and the TMG College Australia website.

Please note that there is a suggestion box provided at the Reception area through which

suggestions and general feedback can be made.

TMG College Australia is committed to delivering quality services. To help us achieve this, we

encourage your feedback on our services.

Our Complaint process aims to be:

Most importantly, your feedback can help us improve the services we offer.

What is a Complaint?

A Complaint is an expression of dissatisfaction about a service, procedure, practice or Policy

that is not resolved at the point of service.

What matters are not covered by this Complaint process?

• Policies and rules made by government regulators

• Judicial or Tribunal decisions.

• Decisions made outside this organisation that influences the way we do business or conduct

a course such as Course Progress policies.

fair

timely

easy to use

confidential


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Do I have to lodge my Complaint in writing?

Yes, by filling a ST18-TMG Complaints Form, however if you are unable to do this our Staff will

take all reasonable steps to assist you.

Where can I get a copy of the Complaint Form?

The ST18 TMG Complaints Form is available on our website www.tmg.edu.au. If you have

trouble accessing the internet, please contact our office on 1300 532 766 and one of our Staff

will send you a copy.

Where do I send my Complaint?

CEO

TMG College Australia

400 Queen Street, Melbourne VIC 3000

Phone: 1300 532 766

Email: [email protected]

What happens once I lodge my Complaint?

Your Complaint will be investigated in 10 working days. During the investigation process you

may be contacted to discuss your Complaint or request further information.

In some circumstances your Complaint may be referred to a special panel such as the Review

Panel for grading reviews.

How long will it take?

We must commence investigating your Complaint within 10 working days.

Standard Complaints will be resolved within 20 working days. However, more complex

Complaints may take longer to resolve. In these cases, our Policy allows up to 45 working days

to resolve your Complaint. You will receive regular progress reports until the investigation is

completed.

What are the steps involved in Formal Complaint?

The following is a guide only and may be modified to facilitate a particular course of action in

the interests of the parties:

1. Try to resolve the Complaint informally

2. If you are not able to find the solution, lodge the Complaint formally (in writing)

3. Appropriate action is taken, and you are advised in writing of the outcome – you will be

asked to formally acknowledge whether you are satisfied or not

4. If you are not satisfied you are able to Appeal to:

• Resolution Institute

• ASQA

• Overseas Students Ombudsman (for International Students only)

• State education regulator or

• National Training Complaints Hotline (13 38 73)

http://www.tmg.edu.au/


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What about my Privacy?

Any personal information you supply (such as your name, address, telephone number) will only

be used by us to investigate your Complaint and communicate the outcomes to you.

We will only disclose your information to those areas within the business that may have

information relevant to your Complaint so that it can be managed fairly.

None of the information provided will be disclosed outside of the business without your

permission, unless we are required to do so by law.

What if I change my mind?

You may withdraw your Complaint at any time, and we will cease the investigation.

What if I’m still not satisfied?

Students can contact the dispute resolution organisation in their state which provides mediation

and conflict management services.

The details of these external bodies are as follows:

1. Resolution Institute

Level 1 and 2

13-15 Bridge Street

Sydney NSW 2000

+61 2 9251 3366

Freecall: 1800 651 650

+61 2 9251 3733

[email protected]

2. Overseas Students Ombudsman (For International Students only) at Website:

http://www.oso.gov.au

Further Action

Nothing in our Policy will limit your right to take further action under Australia’s consumer

protection laws nor does our Complaints and Appeals Policy circumscribe a Student's right to

pursue other legal remedies.

Where can I get more information?

Phone: 1300 532 766

https://www.leadriama.org/about-leadr/compliments-suggestions-and-complaints




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21. Appendix D: Complaint Handling Checklist

Background

This Complaint Handling Checklist is created according to the guidelines released by Overseas

Students Ombudsman for International Students.

Complaint Handlers’ Checklist

☐Do you have written Complaint handling procedures? Are they easy to understand and apply?

☐ Do you acknowledge Complaints promptly?

☐ Do you assess Complaints and give them a priority?

☐ Do you resolve Complaints on first contact if the Complaint is straightforward?

☐ Where a Complaint is more complex, do you prepare a short-written investigation plan to direct

the handling of the Complaint?

☐ Do you keep written records of oral evidence?

☐ Do you give the Student an opportunity to comment or show cause, before a decision is made

that is not in their favour?

☐ Do you keep the Student advised of the progress of their Complaint, if there is a delay?

☐ When the Complaint is finalised, do you give the Student a detailed explanation of the

Complaint investigation and the outcome?

☐ Do you advise Students of their right to access an external Complaints and Appeal process, if

they are not satisfied after the internal Complaints and Appeals process?

☐ Do you assess individual Complaints to see if there are any systemic issues that warrant

attention?

☐ Do you regularly analyse Complaint data to see what might be going wrong and what can be

improved?

ACKNOWLEDGE

all complaints quickly

ASSESS the complaint and give a

priority

PLAN the investigation

INVESTIGATE the complaint

RESPOND to the

complainant with a clear

decision

FOLLOW UP any customer

service concerns

CONSIDER if there are any

systemic issues


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Other things to think about

Accessibility:

☐ Do you make information about how to make a Complaint freely available to

Students?

☐ Do you allow Students to complain in a variety of ways (telephone, email, website

and mail)?

☐ Do you encourage Students to discuss or raise issues orally so that problems can be

resolved quickly where possible?

Fairness:

☐ Is your Complaint handling process confidential?

☐ Do you have a secure Complaint handling database or system for recording

Complaints that is restricted to authorised Staff?

☐ Are anonymous Complaints accepted?

☐ Is each Complaint handled with an open mind, without any prejudice arising from

past issues with the Student?

☐ Do you encourage Complaint handling Staff to report any conflict of interest, such as

a relationship with the Student or other personal interest?

☐ If a Student complains about a Staff member, do you ensure a different Staff

member investigates the Complaint to ensure independence?

☐ Do you have timeliness standards for handling Complaints?

☐ Do you advise Students on first contact of the expected timeframes?

☐ Do you give Students a contact number and preferably the name of a contact

person?

Efficiency:

☐ Do you have regular internal reporting so that unresolved Complaints can be

escalated to more senior Staff if necessary?


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Responsiveness:

☐ Do you provide information about making a Complaint in languages other than

English?

☐ Do you provide help for Students who have a visual or hearing impairment?

☐ Is Staff willing to deal with a guardian, friend or advocate of a vulnerable person who

wishes to complain?

☐ Do you have a Policy for managing unreasonable Complainant behaviour?

☐ Do you provide training for your Staff in managing unreasonable Complainant

behaviour?

Integration:

☐ Are problems that are identified through Complaints followed up by the areas

responsible?

Culture and people:

☐ Does a senior manager have overall responsibility for Complaints?

☐ Do Staff at all levels understand and comply with your Complaints and Appeals

Policy?

☐ Is your Staff given proper guidance and support to handle Complaints?

☐ Do you monitor Staff performance to ensure Complaints are handled properly and

appropriate remedies are provided?

☐ Is Complaint handling Staff good communicators, both orally and in writing?

Completed By: TMG College Australia Chief Operating Officer (CEO)

Reviewed By: TMG College Australia Chief Operating Officer (CEO)


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22. Appendix E: National Code Complaint Handling Standards

Background

This National Code 2018 Complaint handling standards are created according to the guidelines

released by Overseas Students Ombudsman for International Students and the ESOS Act 2000 and

National Code 2018.

Do you meet the National Code Complaint Handling Standards?*

☐ Applicable ☐ Not applicable

☐All providers must have a documented internal Complaints and Appeals process for

Students.

In some institutions, the words ‘Complaints’ and ‘Appeals’ have different meanings and

result in different processes. The National Code 2018 allows the provider to differentiate

between these terms and resulting processes, as long as the minimum requirements of

Standard 8 are met and the differences are clearly explained in the provider’s policies

and procedures.

☐Providers must give all overseas Students information about the Complaints and

Appeals process during their orientation program (Standard 6)

☐Providers must have a process in place for lodging a formal Complaint or Appeal if

the matter cannot be resolved informally, which requires a written record of the

Complaint or Appeal to be kept

☐The Student must be granted immediate access to the provider’s Complaints and

Appeals process. The process must begin within 10 working days of the formal

lodgement of the Complaint or Appeal and supporting information

☐The Student must be given the opportunity to formally present his or her case at

minimal or no cost

☐The Student must be allowed to be accompanied or assisted by a support person

☐The provider must maintain the Student enrolments while the Complaints and Appeal

process is ongoing. That is, the provider must not report the Student through the

Provider Registration and International Student Management System (PRISMS)

☐The provider must take all reasonable measures to finalise the Complaints and

Appeals process as soon as practicable

☐The Student must be given a written statement of the outcome of the internal

Complaints and Appeals process, including details of the reasons for the outcome


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☐If the Student is not satisfied with the result or conduct of the internal Complaint

handling and Appeals process, the registered provider must advise the Student of his or

her right to access the external Complaints and Appeals process at minimal or no cost

☐The registered provider must have arrangements in place for a person or body

independent of and external to the registered provider to hear Complaints or Appeals

arising from the registered provider’s internal Complaints and Appeals process or refer

Students to an existing body where that body is appropriate for the Complaint or

Appeal

* All registered Education Providers are required to meet Standard 8 ‘Complaints and

Appeals’ of the National Code of Practice for Registration Authorities and Providers of

Education and Training to Overseas Students 2018 (the National Code).

See: https://internationaleducation.gov.au/Regulatory-Information/Education-Services-

for-Overseas-Students-ESOS-Legislative-Framework/National-

Code/nationalcodepartd/Pages/ExplanatoryguideD8.aspx

23. Revision Record

Date Version

Number

Revision description/ Nature of change

(change/reasons for change/comments)

20/05/2013 1.0 Policy Created (First Draft)

20/05/2014 2.0 Policy Reviewed To Incorporate Feedback

From All Stakeholders And Legislative Changes

20/05/2015 3.0 Policy Reviewed For ASQA Re-Reg Audit

January 2016 4.0 Policy Reviewed And Revised

May 2016 4.1 Policy Reviewed And Revised

Jan 2017 5.0 Policy Reviewed And Revised


Jan 2019 6.0 Changes To Addresses And Other Revisions


https://internationaleducation.gov.au/Regulatory-Information/Education-Services-for-Overseas-Students-ESOS-Legislative-Framework/National-Code/nationalcodepartd/Pages/ExplanatoryguideD8.aspx



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