Complaints and Appeals Procedures

1. Governing policy

The Complaints and Appeals Procedures (“procedures”) relate to the Complaints and Appeals Policy (“policy”). They describe how students and staff are to enact the policy, including the steps to be taken in managing the complaints and appeals process.

2. Scope

These procedures are relevant to all enrolled students, prospective students and past students and any staff involved in a complaint or appeal.

3. Procedures

These procedures set out the three key internal processes that may be used to resolve a complaint or appeal:

Informal resolution or disclosure– self-managed

In the first instance, students are encouraged to seek an informal settlement of their issue at the local level, where it is reasonable and appropriate to do so, before a formal complaint or appeal is submitted.

Or students may choose to disclose an issue without making a formal complaint. Disclosure means telling another person about an incident that happened either in the past or it may be ongoing. The person disclosing may not want to make a complaint. The primary aim of disclosure is to offer information and support to the person sharing their experience. Students are encouraged to talk to the Student Success Centre for support or refer to  https://www.icms.edu.au/respect-and-safety/ for more information.

Complaint

Where a matter cannot be informally resolved, or if a student is dissatisfied with the outcome of a decision, the student may lodge a formal complaint using the  ONLINE COMPLAINTS FORM. Students who require support to lodge a complaint, including a different method of submission, should contact the Student Success Centre for advice. This process should not be used for general feedback or routine queries that arise throughout the trimester.

Students are entitled to lodge a complaint about any academic or administrative matter, including (but not limited to):

1. the conduct and performance of staff;
2. services and facilities provided by or managed by the Institution;
3. dealings with the Institution’s international representatives (agents), homestay providers, welfare providers or other related parties;
4. conduct and performance of other students;
5. review of a decision made by the Institution;
6. failure to adhere to relevant policies and procedures.

A complaint lodged by a former student more than six months after completing their studies is not normally considered. Exceptions to this are made in exceptional circumstances only (e.g. FEE-HELP re-credit). A delay in lodging can affect the Institution’s ability to investigate the matter.

Appeal

Where a student is not satisfied with the outcome of the complaint the student may initiate a formal appeal provided there are sufficient grounds as follows:

1. failure to provide natural justice or procedural fairness;
2. where the decision is inconsistent with a published policy or procedures;
3. where there are new or different grounds and/or supporting evidence to those already considered by the original decision maker;
4. the penalty was not commensurate to the incident; and/or
5. on other reasonable grounds, as determined on a case by case by the Chair of the Appeals Committee, beyond the above.

An Appeal Committee is only convened if the Chair of the Appeals Committee is satisfied that there are grounds for an appeal and the relevant documentary evidence submitted.

External review

Students who are not satisfied with the outcome or the management of a decision made by the Institution may make a complaint to an appropriate external agency at any time. External agencies normally only act if all the internal processes have been completed.

Table 1. Internal complaints and appeals resolution process

4. External review

4.1 When students are not satisfied with the outcome of a complaint or appeal, they may seek a review with the National Student Ombudsman (NSO). The NSO works with students to resolve complaints about the actions taken by their higher education provider. Whether a domestic or international student, an undergraduate or postgraduate student, the NSO is available. The NSO is independent, impartial, and can consider how a student’s higher education provider has handled a range of issues including student safety and wellbeing, racism and racial vilification, discrimination, gender-based violence, course administration, teaching provisions and facilities, and the fairness and effectiveness of student complaints processes.

The NSO cannot consider complaints related to a vocational education and training (VET) course, complaints related to education providers who are not Tertiary Education Quality and Standards Agency (TEQSA) registered, complaints related to an individuals’ employment with a higher education provider or complaints related to the appointment of a person to an office of a higher education provider. The NSO cannot consider complaints about academic decisions, such as complaints about grades. However, administrative complaints related to grades, such as complaints about the appeals process, may be considered by the NSO.

If a student is dissatisfied with the way the Institution has handled a complaint, they can talk to the NSO. The NSO can consider whether the decisions or actions of the Institution were unreasonable or unfair and make recommendations to improve the student experience. The NSO offers a restorative engagement process, where appropriate, as well as alternative dispute resolution processes including mediation.

The NSO is a free and confidential service for all students, and a student can make their complaint in a way that is safe for them. The NSO will work with a student to consider the best resolution pathway, and if their services are not right for their situation, they can refer them to a service that’s more appropriate. Visit nso.gov.au to find out more.

5. Student conduct

5.1 Students must make complaints and appeals responsibly and must not seek to raise an issue for trivial or vexatious reasons. The Institution does not tolerate unreasonable behaviour, exaggeration or dishonesty, unreasonable persistence after an investigation has closed, or unrealistic or disproportionate demands. Students are expected to provide serious reasons and factual evidence in support of a complaint or an appeal or request for review. Vexatious complainants are dealt with in accordance with the General Misconduct Policy and General Misconduct Procedures.

6. Compliance and monitoring

6.1 In accordance with TEQSA Standard 2.4, the approach to complaint and appeal handling is intended to be timely, free of cost, consistent, fair, without reprisal and handled confidentially and all subsequent actions are intended to be achieved in good time. Also, in accordance with TEQSA Standard 7.2, information about grievance handling is easily accessible to students as is information about advocacy and external sources for further appeals.

6.2 Additionally, reports on complaints and appeals are provided to relevant departments and committees to ensure that the Institution acts systemically on frequent sources of complaint for students. Complaints are used to identify and address any issues in the Institution’s policies, procedures and operations.

7. Reporting

All reporting requirements are outlined in the Complaints and Appeals Policy.

8. Records management

8.1 The Associate Vice President (Student Administration) maintains a record of correspondence and documentation related to complaints and appeals actions and outcomes in the student management system.

8.2 The Quality Assurance and Accreditation team is responsible for maintaining documentation and outcomes pertaining to Appeals Committee proceedings.

See Complaints-and-Appeals-Flowchart

9. Related documents

• Academic Integrity Policy
• Academic Integrity Procedures
• Artificial Intelligence Policy
• Assessment Policy
• Assessment Procedures
• Complaints and Appeals Policy
• General Misconduct Policy
• General Misconduct Procedures
• Sexual Harm Policy
• Sexual Harm Procedures
• Student Code of Conduct
• Student Review of Assessment Results Procedures

9. Version history