Complaints and Appeals

The Malka Group Pty Ltd (TMG) deems a complaint or appeal to be a dissatisfaction with the procedures, outcomes or the quality of service provided by TMG’s Trainer & Assessment Specialist or TMG. TMG has developed a formal Complaint and Appeal policy and procedure that will be viewed as part of Continuous Improvement.

TMG encourages the parties to approach a complaint with an open view and attempt to resolve issues through discussion and conciliation. Where a complaint cannot be resolved through discussion and conciliation TMG acknowledge the need for an appropriate external and independent agent to mediate between the parties.

TMG understands individuals’ concerns regarding confidentiality and is totally committed to fair treatment respecting and upholding individuals’ rights to privacy protection under the National Privacy Principles (NPPs) contained in The Privacy Act amended 1988 (Cth). TMG respects the privacy rights of all individuals in the workplace. TMG has implemented a program to ensure compliance with the NPPs.

TMG 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 referral is made to a third party.

The complaints and appeals policy and procedure and form are made available to all students and potential students by directly contacting TMG, through the TMG’s website, Information For Prospective Learners and Learner handbooks.

Where possible all informal attempts shall be made to resolve the issue (Informal Complaint) 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.

You can download the Complaints and Appeals form here.

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 the administration staff at TMG. All formally submitted complaints or appeals are submitted to the Director of Industry & Learner Engagement.

Once a formal complaint is received it is to be entered into the Complaints and Appeals Register which is monitored by the Director regularly. The information to be contained and updated within the register is as follows:

  • Submission date of complaint
  • Name of complainant
  • Description of complaint/appeal
  • Determined Resolution
  • Date of Resolution

A student may be assisted or accompanied by a support person regardless of the nature of the issue or complaint throughout the process at all times.

The Director shall 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. Once a decision has been reached, the Director informs all parties involved in writing. The students shall also be notified that they have the right of appeal. To appeal a decision the RTO must receive, in writing, grounds of the appeal.

The Director ensures that TMG will act immediately on any complaint. If the internal or any external complaint handling or appeal process results in a decision that supports the student, TMG must immediately implement any decision and/or corrective and preventative action that is required, and advise the student of the outcome. Copies of all documentation, outcomes and further action required will be placed into the Complaints and Appeals Register by the COO and on the students file.

Appealing

All students have the right to appeal decisions made by TMG where reasonable grounds can be established. The areas in which a student may appeal a decision made by TMG may include:

  • Assessments conducted
  • Deferral, suspension, or cancellation decisions made in relation to the student’s enrolment
  • Or any other conclusion/decision that is made after a complaint has been dealt with TMG in the first instance

To activate the appeals process, the student must complete a Complaints and Appeals Form which 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.

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 three people, the three people will be selected from this group: the CEO, the Director of Industry & Learner Engagement, the Manager (Business) or the Operations Manager.

General Appeals

Where a student has appealed a decision or outcome of a formal complaint they are required to notify TMG 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 if they wish to proceed with the external appeals process

Assessment Appeals

Where a student wishes to appeal an assessment they are required to notify their Trainer in the first instance. Where appropriate the 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 Director will be notified and will seek details from the Trainer and Assessor 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 and Assessor appointed by TMG.

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 if they wish to proceed with the external appeals process

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 for that purpose.

The details of this external body are as follows:

Dispute Resolution Centre of Victoria Dispute Assessment Officer
Level 4, 456 Lonsdale Street
Melbourne VIC 3000
Tel: 9603 8370
http://www.disputes.vic.gov.au

Further information

If a client (student or other client) is still dissatisfied with the decision of TMG, they may wish to seek legal advice or make a complaint about the TMG to ASQA directly. If, after the TMG’s internal complaints and appeals processes have been completed, you still believe The Malka Group 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. Except in exceptional circumstances, you must attach evidence to your complaint form showing that you have followed your RTO’s formal complaints procedure, and The Malka Group’s response ASQA’s processes require you to identify yourself as a complainant, although you may request that your identity is kept confidential throughout any investigation that ASQA undertakes. Contact details for ASQA are:

Australian Skills Quality Authority

  • 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: complaintsteam@asqa.gov.au
Website: www.asqa.gov.au