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Title | External Complaints Policy |
Policy Number | P87 |
Type | Council Policy |
Document Owner | Chief Executive Officer |
Approval Date | 26 September 2024 |
MaGiQ Document ID | 690791 |
Review Date | 26 September 2027 |
Council Resolution Number | OC2024/133 |
This policy applies only to complaints from residents and other external parties.
Customer: A person who directly accesses Central Desert Regional Council goods, services or advice.
Customer Complaint: A complaint, made either verbally or in writing, where the customer feels the Council has breached its customer service commitment, and/or failed to meet a commitment made to them and would like the matter investigated. The party directly affected by the complaint only can lodge a complaint.
This document should be read in conjunction with the following documents:
Document | Description |
P60 Code of Conduct – Employees | Standards to which Council employees work |
P74 Work Health and Safety Policy | Working safely |
P63 Discrimination, Bullying and Harassment | Ensuring people are treated fairly in the workplace |
P90 Privacy Policy of CDRC | Covers Information Privacy Principles |
NT Local Government Act 2019 (including Regulations) | Details how Councils in the NT operate |
Information Act NT | How to make a freedom of information (FOI) request to the Regional Council |
NT Independent Commissioner Against Corruption Act | Deals with improper conduct and aimed at improving public confidence |
NT Anti Discrimination Act | Legislation defining discrimination and what can occur if someone is discriminated against |
NT Ombudsman Act | Covers decision‐making and administrative practices in public authorities |
Complaints should be resolved in a timely and cost effective manner and, where possible, without recourse to the courts.
Complainants have the following rights:
Step 1 will be to determine whether the complaint is valid. The CEO, except where the complaint is about the CEO (individually or personally), shall make the determination. The President will determine whether a complaint in relation to the CEO is valid. A report will go to the next Council meeting for endorsement of the CEO or President’s determination. The President may seek support and input from the HR Manager.
Step 2 will be to acknowledge the complaint in writing and advise either that the complaint is not valid (and may include why) and will not be investigated further; or that the complaint will be investigated and an approximate timeframe for resolution provided.
Step 3 will be to investigate the complaint.
Step 4 will be to document the outcome of the investigation and advise the complainant and Council. Where the complaint is in relation to the CEO personally then the review of the investigation and decision as to the outcome will be undertaken by the Council.
Invalid complaints will not be investigated. A complaint is not valid where that complaint:
Should the CEO or President determine that a complaint will not be investigated; the complainant will be advised of the reason for that decision.
The identity of complainants will be made known only to those who need to know in the process of investigating and resolving the complaint. The complaint will not be revealed or made public by the Council, except where required by law.
All complaints lodged with Council are subject to the NT Information Act and confidentiality guaranteed will be as per that Act.
Personal information will be managed as per the NT Information Act and Council's Privacy Policy.
Complaints will be responded to as quickly as possible depending on an assessment of the following factors:
The person making a complaint will receive a written response as soon as possible and no later than 10 working days to advise at a minimum whether the complaint has been found valid and the approximate timeframe of investigation and a further response.
As per the NT Ombudsman Act, a complaint about an administrative action of Council must be made within one year after the date the complainant first had notice of the administrative action.
Complaints must be made:
Where the complaint is in relation to the CEO then it should be addressed to the President.
Residents who require assistance to submit a complaint will be given help. Council reserves the right to decline to investigate an oral complaint until the complaint is put in writing and signed by the individual making the complaint.
Complaints should be from individual parties, or on behalf of a recognized group or organisation. They should deal with a specific instance, incident or issue and provide factual evidence of the complaint. While Council welcomes feedback that includes a resident’s opinion about service provision, no complaint will be considered valid unless evidence is provided.
Council acknowledges that in certain circumstances a person may prefer to remain anonymous when providing feedback. This may limit Council's ability to obtain essential information and to provide natural justice. Nevertheless, Council respects the right to anonymity and will consider all feedback based on the information provided.
For the purposes of this policy a formal complaint can only be made by a person who is apparently directly affected by an action of Council.
If an affected person is unable to provide feedback personally, due to poor health, distance, language, legal or other reasons, the complaint may be lodged by another person or agent on their behalf if accompanied by documentation that authorized the other person to act on the complainant’s behalf in the matter raised.
It is normal for situational stress to be experienced by parties to a complaint. These natural fears and frustrations can easily become focussed on the other person, rather than the issues. Nevertheless, every participant in a complaint is responsible for conducting themselves in a reasonable and respectful manner.
If complainants conduct themselves in an unreasonable manner, Council may set limits or conditions on the handling of their complaint. Where such a decision is made the reasons for this will be recorded and explained to the affected person.
The policy will be published on Council's website with options for customers to provide feedback.
The Chief Executive Officer or President will provide written advice to the complainant (or their authorised agent) regarding Council's decisions about a complaint, including reasons for the decision and any proposed remedies as soon as practicable after the completion of the investigation.
If a complaint involves allegations of criminal behaviour or official misconduct, the complaint will be immediately referred to the NT Independent Commissioner Against Corruption Act and/or police by the Chief Executive Officer or delegate. Where appropriate, Council will also investigate the allegation internally using the rules of procedural fairness.
Complaints against Councillors should be made in accordance with the Complaints Against Elected Members Policy.
If the complainant is not happy with how Council resolved their complaint, they may refer the matter to the appropriate body, either for example the Fair Work Commission or to the Ombudsman Northern Territory.
Date | Details |
01 April 2010 | Adopted by Council |
11 October 2013 | Reviewed by Council (CRN: 642/2013) |
25 January 2017 | Revised policy adopted by Council (CRN: OC011/2017) |
29 March 2018 | Adopted by Council (CRN: 038/2018) |
31 May 2019 | Reviewed and adopted by Council ( CRN: OC058/2019) |
30 September 2021 | Reviewed and adopted by Council (CRN: OC148/2021) |
26 September 2024 | Reviewed and adopted by Council (CRN: OC2024/133) |