Secretary, Learning, Teaching and Research Committee

Grievances Polices for Non-Academic and Academic matters are required for all Higher Education Providers.
Reference: Higher Education Standards Framework
Reference: Higher Education Support Act (HESA) Section 19-45
https://www.studyassist.gov.au/managing-and-repaying-your-loan/making-complaint

Academic in Charge – the lecturer who has primary responsibility for teaching the classes for a particular unit of study.

academic matter – any matter relating to student progress, assessment, and curriculum and awards in a course of study.

Registrar – the person usually occupying that position, or in their absence, the person nominated by the Dean of Studies to fulfill that role.

Course Advisor/Course Coordinator – the academic staff member nominated to advise students about a particular course of study, (e.g. Bachelor of Education) and to provide appropriate pastoral support.

Dean of Studies – the person usually occupying that position or, in their absence, the person nominated by the Principal to fulfill that role.

Review Officer – the Dean of Studies unless the grievance relates to a decision made by the Dean of  Studies in which case the Review Officer will be the Principal (or delegate).

victimise – to act or omit to act towards a person in a way which is intended to cause disadvantage to that person because they have made a complaint, or may make a complaint, or may be or are subject of a complaint.

1. Introduction

1.1. The procedures set out in this document do not replace or modify procedures or any other responsibilities which may arise under other higher education provider policies or under statute or any other law.
1.2. There shall be no cost levied to the student with respect to the lodgement of an initial notice of grievance or a request for an internal review (Stage 1 and Stage 2 of the process) or a request for an external review conducted by the National Student Ombudsman or the Overseas Student Ombudsman (Stage 3 of the process).
1.3. Students and applicants who complain or lodge a grievance, and the respondent(s) to a complaint or grievance shall not be victimised or discriminated against, irrespective of the nature or severity of the grievance.
1.4. Students or applicants who complain or lodge a grievance, and respondents shall have the right to be accompanied and assisted by a third party such as a family member, friend, counsellor or other professional support person if they so wish.
1.5  The assessment of all complaints and grievances will commence within ten (10) working days of the formal complaint or grievance being received by the college.

2. Grievance Procedure Stages

Students or applicants have access to a three (3) stage complaints and grievance process which relates to non-academic matters.

• Stage 1 Initial lodgement and investigation (dispute notification)
• Stage 2 Internal review of decision(s)
• Stage 3 External review of decision(s)

3. Lodgement Guidelines

The following lodgement guidelines apply:-

3.1. Formal Notice of Grievance

A formal notice of grievance shall be posted to the Registrar at Eastern College Australia, 5 Burwood Highway, Wantirna Victoria 3152, or emailed(registrar@eastern.edu.au [3]), or lodged in person with the Receptionist, Eastern College Australia at the same address.

3.2. Formal Review of an Investigation

A request for a formal review of an investigation shall be posted to Review Officer, For Attention: Dean of Studies, Eastern College Australia, 5 Burwood Highway, Wantirna Victoria 3152 or lodged in person with the Receptionist at the same address.

3.3. Alternative and non-written subimission

Notices of grievances or review in line with §3.1 and §3.2 should ordinarily be submitted in writing; however, if circumstances make this unreasonable, appointments may be arranged with the relevant staff to present request verbally or through alternative means. With knowledge of all present, these appointments would normally be recorded.

3.4. Request for an External Review of a Decision

A request for an external review of a decision shall be forwarded to the relevant external reviewer according to the details provided at Section 6 of this document.

4. Stage 1: Dispute Notification

A student or applicant to become a student has twenty (20) calendar days to access an appeals process.
A student or applicant to become a student who is aggrieved about a non-academic matter is required to raise the issue verbally in the first instance with the Registrar. If the issue cannot be resolved to the satisfaction of the student or applicant immediately, they are required to lodge a formal notice of grievance in writing, addressed to the Registrar, and specifying the reasons for making the request. The basis for the dispute should be clearly stated. The Registrar or another College delegate will undertake a full investigation of the matter, commencing the assessment within ten (10) working days of receiving the complaint, and will prepare a formal report within twenty (20) working days which:-

• describes the grievance and the nature and extent of the investigation undertaken; and
• records a recommendation to resolve the grievance. The Registrar will also, within the same twenty (20) working day period, write a formal letter to the complainant advising:
• the outcome of the investigations;
• a recommendation to resolve the grievance;
• the review process available; and Respondents (if not the College) will also be provided with an explanation of the actions taken, reason(s) and the decision taken, in writing, if it is requested.

5. Stage 2: Internal Review Process

If, after a formal investigation by the Registrar, a student or applicant to become a student desires a further review, a formal internal review of the investigation and recommendation to resolve the grievance may be requested by the student or applicant to become a student, in writing, within twenty-eight (28) calendar days of the receipt of the formal recommendation. The request for a review must be addressed to the Review Officer, For Attention: Dean of Studies, and must specify the reasons for making the request.
A student or applicant to become a student may also request an internal review if they are concerned about the time taken to complete the Stage One process.
Upon receipt of a request for an internal investigation of a complaint which remains unresolved, the Review Officer or Registrar shall acknowledge in writing, receipt of the request for an internal investigation and inform the student or applicant to become a student of the following information:-

• who will be responsible for conducting the investigation;
• that they have the right to a personal meeting to present their case (verbally and/or in writing) and the name, address and telephone number of the person to contact if a personal meeting is required;
• that they have the right to submit addition information in writing, should a personal meeting not be desired; and the name and address of the person to whom the additional information should be submitted;
• that they have the right to be accompanied and assisted by a third party such as a family member, friend, counsellor or other professional support person; and
• the timeframe during which the internal investigation will be conducted, generally within twenty (20) working days of receiving the request for an investigation. The Review Officer may conduct the investigation personally, or nominate an officer or officers of the College not previously involved in the matter to conduct the investigation.

When the Review Officer or their nominee(s) makes a decision, a formal letter shall be sent to the student or applicant to become a student, within ten (10) working days of the decision being made, advising:-

• the outcome of the investigations;
• a recommendation to resolve the grievance; and
• the external review process available. Respondents (if not the College) will also be provided with an explanation of the actions taken, reason(s) and the decision taken, in writing, if it is requested. The reviewing officer(s) may confirm the decision of the Registrar, vary the decision, or set aside the decision and substitute a new recommendation.

6. Stage 3: External Review Process

6.1. Domestic Students

In all cases of disputes relating to non-academic matters, a student (but not an overseas student) may request further assistance from the National Student Ombudsman  (NSO), after the internal review process has been conducted. The NSO may be contacted at pending information but presently information is at https://www.education.gov.au/national-student-ombudsman or https://www.studyassist.gov.au/managing-and-repaying-your-loan/making-complaint

The College requests that we are advised that an external review has been requested, and that a request for an external review includes the following sentence:-
Please forward a copy of the review result and/or recommendations to the Dean of Studies, Eastern College Australia, at 5 Burwood Highway, VIC 3152 within twenty-eight (28) calendar days of the completion of the review.

6.2. Overseas Students

The following external review policies and procedures will apply for Overseas Students.

6.2.1. Overseas students’ external appeals authority

In all cases of disputes relating to non-academic matters, an overseas student may request further assistance from the Overseas Students Ombudsman. An overseas student may make a complaint using an online complaint form which is available at https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=oco-complaint-form [5] or by telephone. In Australia, during Australian business hours, 9am to 5pm Monday to Friday an overseas student may call 1300 362 072. Calls from mobile phones are charged at mobile phone rates. If the call is made from outside Australia, the student may call +61 2 6276 0111.

6.2.2. Using an interpreter

If an overseas student wants to make a complaint in their language the student can call the Translating and Interpreting Service (TIS) in Australia on 131 450. If the call is made from outside Australia, the student may call +61 3 9203 4027. The office of the Overseas Students Ombudsman will pay for the interpreter.

6.2.3. For students who are deaf, or hearing or sight impaired

The overseas student can contact the office of the Overseas Students Ombudsman via the National Relay Service. Teletypewriter (TTY) users should phone 133 677 and then ask for 1300 362 072. Speak and Listen users should phone 1300 555 727 and then ask for 1300 362 072. Internet Relay users may connect to the National Relay Service www.iprelay.com.au [6] and then ask for 1300 362 072.

6.2.4. Fax

Overseas students can send a fax to the Overseas Students Ombudsman. In Australia, overseas students should fax 02 6276 0123. From outside Australia, overseas students should fax +61 2 6276 0123.

6.2.5. Mail

Overseas students can write a letter and post it to the following address: Overseas Students Ombudsman
GPO Box 442
Canberra ACT 2601
AUSTRALIA

7. Implementation of Recommendations Arising from External Review

If the National Student Ombudsman or the Overseas Students Ombudsman makes recommendations in relation to a grievance that has been reviewed, the Dean of Studies will ensure that the recommendations are addressed within twenty-eight (28) calendar days.

Respondents (if not the College) will also be provided with an explanation of the actions taken, the reasons(s) and the decision taken, in writing, if it is requested.

If the external review finds in favour of the student or applicant the College will immediately implement the preventative or corrective action.

8. Publication of Grievance Procedures

8.1. Students and Intending Students

In order to adequately inform students and prospective students, the College’s Complaints and Grievance Policy and Procedures (Academic and Non-Academic) are published on the College’s Policy portal ( https://policy.eastern.edu.au/ [7]). These procedures are also referenced during orientations for new domestic and overseas students.

9. Training with Respect to Grievance Procedures

9.1. New Academic or Staff Appointments

All new appointments to the academic and administration staff of the College shall be formally inducted into all relevant aspects of College life. The College’s complaints and grievance procedures and policies shall be included as an induction item in the process for inducting new academic staff and administration staff members. New appointees will be instructed in their operation and will be directed to the College Policy Portal where a full copy of the Policy and procedures (Academic and Non-academic) are maintained.

9.2. Teaching and Administration Staff

In order to adequately inform the academic staff of the College, the College’s Grievance procedures shall be published on the College’s Policy Portal (https://policy.eastern.edu.au [8]) and will be reviewed and updated regularly . Faculty and Staff Meetings shall regularly address the area of complaints and grievances so as to ensure that procedural and policy matters are fully understood.

10. Access to Grievance Procedures

The College offers units in several locations. Students attending classes, undertaking study externally or intending students have a right to access the complaints and grievance procedures for academic and non-academic matters without disadvantage, regardless of the location of study at which the grievance has arisen, the student’s place of residence or the mode in which they study. The College acknowledges it has an obligation to ensure such students are not disadvantaged by the procedures required in the grievance investigation and resolution process. Therefore, students or intending students may request any, or all, of the following additional services:-

• provision of a complete copy of the grievance procedures, posted by regular mail services or emailed to them, if they are not already in possession of a copy and the website address at which the procedures are published;
• reply paid envelope(s) to minimise the cost of lodging notices of grievance, requests for a formal review of an investigation or the submission of information to be considered in the context of the review;
• a personal meeting arranged at the Wantirna Campus or at another mutually agreed location; or
• telephone calls or conference arrangements initiated by the College to facilitate information gathering, in lieu of a personal attendance at a meeting.
• a third party such as a family member, friend, counsellor or other professional support person to accompany and/or assist the student if they so wish.

11. Records of Grievances – Keeping and Access

Records of grievances will be treated as confidential. Therefore:-

1. Records of grievances under investigation shall be compiled in individual, specially endorsed “Confidential Folders” whether physical or digital. Physical records shall be  held in the custody of the Registrar and accessed by him/her only, or issued to the Internal or External Review Officer(s) as required for the purpose of conducting the internal or external review investigation. Digital records shall be securely stored in a restricted-access system, accessible solely by the Registrar or authorized review officers for the same purpose.
2. Records of grievances notified in writing, investigated and finalised will be placed in a sealed envelope, (physical records) or encrypted and marked as  “CONFIDENTIAL” and “TO BE OPENED BY Registrar ONLY” (digital records). Both physical and digital records shall be securely stored for a minimum of five years.

Students who wish to access any records relating to personal grievances are required to notify the Registrar and arrange an appointment to view them. Students will be provided with access to any records relating to personal grievances, but the following limitations would apply:-

• students’ access to their records would be supervised, that is, the Registrar or their delegate would generally be present while the record is being viewed;
• students may request, and be supplied with, photocopies of any documents in their personal grievance records;
• students would not be permitted to remove any documents from their personal grievance records; however,
• students may request that incorrect or out of date information in their personal grievance records be removed or updated. The Registrar shall be responsible for taking this action;
• students who are in dispute with the Registrar over a request to remove or update a personal grievance record shall have the right to request an internal review, and shall also have the right to request an external review, if desired.