Early Learning Victoria recognises that children, families, educators, other staff and the community need to feel confident that any concerns or issues they raise are handled promptly and professionally.
Our families are integral to our service. We welcome their input to all aspects of our operations, including any complaints they may have. We view complaints as an opportunity to enhance the quality of our education and care practices.
1. Scope
This policy applies to children, families, staff and management of Early Learning Victoria centres. This includes volunteers, students on placement and contractors or labour hire employees of Early Learning Victoria.
2. Policy statement
This policy provides guidelines for:
- receiving and dealing with complaints and feedback at Early Learning Victoria centres
- procedures to be followed in investigating complaints.
Note that this policy does not address complaints relating to staff grievances or employment matters: see instead Guidelines for Managing Conduct and Unsatisfactory Performance in Early Learning Victoria Centres (the Guidelines).
2.1 Requirements
Under the Education and Care Services National Law Act 2010 (the National Law) and the Education and Care Services National Regulations 2011 (the Regulations), Early Learning Victoria must ensure that:
- all centres have clear and easy to understand policies and procedures in place for dealing with complaints
- the name and telephone number of the responsible person to whom complaints may be addressed are displayed prominently at the main entrance of the centre
- the address and telephone number of the authorised officer to whom complaints can be made are displayed prominently at the main entrance of the centre
- this policy is available for inspection at the centre at all times
- the Regulatory Authority is informed in writing within 24 hours of any complaints alleging that a serious incident has occurred at the centre, or that the National Law has been breached.
Investigation and remedy of complaints must comply with the Privacy policy at all times.
2.2 Background and information
This policy is child-focused which means our children, educators, other staff, families and the community can be confident that complaints are taken seriously and addressed effectively.
Anyone who comes into contact with Early Learning Victoria may make a complaint. The complaints process offers service leaders a valuable opportunity to improve their education and care practices.
In most cases, dealing with complaints will be the responsibility of Early Learning Victoria as the approved provider. All complaints, when lodged, will be assessed to determine whether they are a general or a notifiable complaint.
Early Learning Victoria will notify the Regulatory Authority of any complaint assessed as notifiable. Early Learning Victoria will investigate the complaint and take any actions deemed necessary, in addition to responding to requests from, and assisting with, any investigation by the Regulatory Authority.
Where a complaint consists of allegations of reportable conduct against an adult engaged by an Early Learning Victoria centre, the Department of Education’s Conduct and Integrity Division (CID) must be notified as soon as possible. The Guidelines set out when CID must be contacted for other complaints or allegations against employees.
There may be occasions when a complaint is reported directly to the Regulatory Authority. In such cases, Early Learning Victoria will be notified of the complaint for investigation and will cooperate with any investigation undertaken in tandem with the Regulatory Authority.
The Regulatory Authority will investigate all complaints alleging that a serious incident has occurred, or that the National Law has been breached.
3. Actions and Procedures
Complaints are best addressed in an environment where families feel able to speak up about issues concerning the education and care of their child. All staff must treat complaints seriously and must welcome them as opportunities to change or improve practices.
When complaints arise, Early Learning Victoria will seek to resolve them thoroughly, fairly and promptly. Note that if a family member discusses a minor concern in a normal interaction with a staff member, it does not need to be treated as a complaint and does not need to be documented.
A staff member who is unsure whether a matter needs to be documented as a complaint should discuss it with their manager.
Even if the complaint is resolved immediately through discussion with the family, the staff member who received a verbal complaint must:
- record it in writing using Early Learning Victoria's complaints form (Attachment 1)
- ensure that a copy of the complaint is given to the centre director or assistant director.
The centre director or assistant director must log and file the complaint in the complaints register (Attachment 2). The complaints register must be stored securely in accordance with the Records management policy.
Reporting the complaint
The centre director must report any complaint to the Regulatory Authority alleging that:
- a serious incident has occurred or is occurring while a child was or is being educated and cared for at a service, or
- the National Law has been breached.
Centre directors must make these reports through the Regulatory Authority’s National Quality Agenda IT System (NQA IT System) within 24 hours.
The area manager must be informed immediately if a complaint is reported to the Regulatory Authority.
Resolving the complaint at the centre
By discussion
If possible, families and relevant staff members should try to resolve the complaint through discussion at the time it is made. If a separate meeting is required as part of the process, that should be arranged by the staff members involved.
Families and staff members should be aware that discussions in a public area of the centre may not be in the best interests of children and may breach a person’s privacy. Meetings should be held in a private space.
If a complaint can be resolved by discussion, the agreed outcome should be:
- confirmed with the family at the end of the discussion, and if necessary in writing
- added to the complaint form and logged in the complaints register.
By formal meeting
If a complaint cannot be resolved by the family and the staff member concerned, then the family can ask for the matter to be discussed at a formal meeting with the centre director.
Before the meeting, the centre director should:
- ensure that the full extent of the complaint is understood
- carry out or arrange for a detailed investigation of the matters raised
- assess whether another staff member should also be at the meeting.
The formal meeting should take place as soon as possible after the investigation. If the matter can be resolved at a formal meeting, then the agreed resolution should be:
- communicated to the family in writing
- included in the complaints register.
Escalating the complaint to the Early Learning Victoria central office
If a complaint remains unresolved after a formal meeting with the centre director, the centre director will inform the area manager in the Early Learning Victoria central office about the complaint.
The family may also raise the matter directly with the area manager if they believe their complaint is still not resolved in a satisfactory way, or if the complaint relates to the centre director.
The area manager will:
- obtain full details of all discussions with the family and all investigations carried out, including any documentation relating to the complaint
- contact the family and try to resolve the complaint in the most expedient way.
The outcome of these discussions with the family should be recorded in writing and sent to the family. This may be either the resolution agreed or, if agreement is not reached, the action that Early Learning Victoria is taking in relation to the complaint. A copy of this record should be included in the complaints register.
Making a complaint to the Regulatory Authority
Anyone can raise a complaint directly to the Regulatory Authority by phone or email. An authorised officer from the local regional office will assess the complaint and take further action. The Regulatory Authority will investigate complaints that allege that:
- the safety, health or wellbeing of a child or children has been compromised while that child or children is, or are, being educated and cared for by the approved education and care service
- there have been any incidents of physical or sexual abuse of a child
- the relevant legislation has been contravened
The Regulatory Authority does not investigate complaints about fees, employment disputes or other issues not regulated under legislation.
Contact the Regulatory Authority to discuss a complaint by calling 1300 307 415 or emailing licensed.childrens.services@education.vic.gov.au
Contacting the Conduct and Integrity Division (CID)
Centre directors must notify CID as soon as possible after becoming aware of a reportable conduct allegation against an adult engaged by an Early Learning Victoria centre. This includes employees, contractors, volunteers (including parents), agency casual relief staff, labour hire workers and students on placement.
The Guidelines set out when CID must be contacted for other complaints or allegations against employees.
Standards for handling complaints
Timeframes
Centre directors and assistant directors must ensure that:
- unless a written complaint can be resolved immediately, families receive a written acknowledgement of their complaint within 2 business days of it being received
- while complaints are being investigated within Early Learning Victoria, families receive a written update on progress no less frequently than every week
- families receive written confirmation of the agreed outcome of a complaint within one working day of resolution, where the family requests confirmation in writing.
Conduct
When dealing with complaints, all staff members must:
- actively listen to the person making the complaint so that they feel heard
- help families understand Early Learning Victoria's complaints procedure
- provide families with reasonable assistance to lodge complaints
- treat everyone involved respectfully
- act impartially and objectively
- provide families with indicative times for addressing issues
- inform families why extra time is required, if indicated times cannot be met
- make sure that families understand their options to escalate their complaint.
Record of complaints
The centre director is responsible for ensuring that the complaints register is kept up to date, and that a full record of investigations, meetings, discussions and other relevant matters is kept for each complaint.
Confidentiality
As far as practicable, all complaints and the identity of those making them must be treated as confidential. A complaint may be discussed with staff members or other people involved but must not be discussed with any third parties without the permission of the person making the complaint.
Confidentiality does not prevent Early Learning Victoria reporting matters arising out of a complaint to the Regulatory Authority, CID or other agencies if:
- it is required by law
- it is in the best interest of a child or children to do so.
External resolution
If a complaint cannot be resolved to a family’s satisfaction at the centre, or if the family would prefer to make a complaint to an external person, they can make a complaint directly to the Regulatory Authority.
An authorised officer from the local regional office will assess how serious the complaint is and then take further action as required.
Any complaint that alleges a child’s health, safety or wellbeing has been compromised, or that the National Law has been breached, will always be investigated. An investigation can involve inspecting the centre, questioning staff members, taking written statements, conducting formal interviews and taking evidence.
3.1 Responsibilities of families
A complaint can be made verbally or in writing. Families are encouraged to raise concerns about the education and care of their children with the child’s educator or teacher. If families do not wish to raise the matter with their child’s educator or teacher, they may make a complaint to the centre director or assistant director instead.
Families are responsible for:
- raising any potential concerns with relevant staff when they come up, before it becomes a formal complaint
- communicating any concerns or complaints relating to the management or operation of the centre as soon as practicable
- providing information as requested by Early Learning Victoria (such as written reports) relating to the complaint, and cooperating with reasonable requests to meet in relation to the complaint
- cooperating with Early Learning Victoria and the Regulatory Authority in any investigations of complaints about Early Learning Victoria centres, programs or staff
- notifying Early Learning Victoria if the complaint is a notifiable complaint or is unable to be resolved appropriately in a timely way.
Families should also stay informed, checking the National Law and Regulations, service policies and procedures.
Families may have a support person to assist at any time in the complaints process. Families should advise Early Learning Victoria as soon as possible if they wish to include a support person, advocate or other representative when making a complaint.
Interpreting services are available by calling National Translating and Interpreting Services on 131 450.
When addressing a complaint, all parties are expected to:
- be considerate of each other’s views and respect each other’s role
- be resolution focused
- cooperate and act in good faith
- behave with respect and courtesy
- respect the privacy and confidentiality of those involved
- operate within and seek resolutions that comply with any applicable legislation and Early Learning Victoria policy.
Complaints relating to the administration of Child Care Subsidy
Families who wish to raise concerns regarding the management of accounts and Child Care Subsidy should speak with the centre director in the first instance. Families can raise concerns about management of the Child Care Subsidy to the dedicated Child Care Tip-Off Line by calling 1800 664 231 or emailing tipoffline@education.gov.au(opens in a new window)
Privacy complaints and contact
Families wishing to make a complaint about Early Learning Victoria's handling of their information, or their child’s information, can use the Department of Education’s complaint form.
Discussing your complaint with the Regulatory Authority
Contact the Regulatory Authority to discuss a complaint by calling 1300 307 415 or emailing licensed.childrens.services@education.vic.gov.au
Lodging a complaint with the Victorian Ombudsman
Those unhappy with the outcome of the complaints process may complain to the Victorian Ombudsman by completing the online form or by calling (03) 9613 6222 or 1800 806 314 in regional areas.
3.2 Responsibilities of staff
4. Resources
Legislation and standards
Relevant legislation and standards include:
- Charter of Human Rights and Responsibilities Act 2006
- Children, Youth and Families Act 2005
- Education and Care Services National Law Act 2010
- Education and Care Services National Regulations 2011
- Equal Opportunity Act 2010
- Information Privacy Act 2000
- National Quality Standard, Quality Area 7: Governance and leadership
- Privacy Act 1988
- Privacy Amendment (Enhancing Privacy Protection) Act 2012
- Privacy Amendment (Notifiable Data Breaches) Act 2017
- Privacy and Data Protection Act 2014
- Privacy Regulations 2013
Related policies
- Privacy policy
- Protecting children policy
- Child safety and wellbeing policy
- Staff code of conduct policy
- Reportable conduct policy
- Records management policy
- Fraud, corruption and other losses control policy
- Guidelines for managing conduct and unsatisfactory performance in Early Learning Victoria centres
Links
Attachments
Attachment 2: Complaints register
Definitions
Complaint: Expression of dissatisfaction made to or about an organisation, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected to be legally required.
Complaints register: In relation to this policy, this records information about complaints received at the centre, together with a record of the outcomes. This register must be kept in a secure file accessible only to educators and responsible persons at the centre. The register can provide valuable information to the Early Learning Victoria as the approved provider on meeting the needs of children and families at the centre.
Complaints handling: Effective resolution of a problem before it becomes worse, providing a remedy.
Duty of care: A legal concept that refers to the responsibility of all staff members in any Victorian early childhood service to take reasonable steps to protect children in their care from harm that is foreseeable.
Investigation: A formal and systematic inquiry to establish facts about a complaint by collecting, documenting, examining and evaluating evidence. An investigation is not an endpoint. Throughout an investigation, the investigator should keep an open mind about the possible outcomes of the investigation, such as education, compliance action or a decision not to pursue the matter.
Nominated supervisor: A person who has been nominated by the approved provider of the service under Part 3 of the Act can be the nominated supervisor. All services must have a nominated supervisor with responsibility for the service in accordance with the National Regulations. The approved provider must take reasonable steps to ensure the nominated supervisor is a fit and proper person with suitable skills, qualifications and experience. The Regulatory Authority must be notified if the nominated supervisor for the service changes or is no longer employed at the service within 14 days.
Notifiable complaints: A complaint alleging that a serious incident has occurred while the child is educated and cared for, or complaints alleging that the National Law has been contravened (section 174(2)(b)). Any complaint of this nature must be reported by Early Learning Victoria to the Regulatory Authority through the NQA IT System within 24 hours of the complaint being made.
Early Learning Victoria, as the approved provider, is to notify the Regulatory Authority within these timeframes (National Law section 174(2)(b); Regulation 176(2)(b):
- for serious incidents in writing within 24 hours of the incident or the time the person became aware of the incident
- for any circumstance arising at the service that poses a risk to the health, safety or wellbeing of a child or children attending the service – within 7 days of the relevant event or within 7 days of Early Learning Victoria becoming aware of the relevant information
- for any incident where Early Learning Victoria reasonably believes that physical and/or sexual abuse of a child has occurred or is occurring while the child is being educated and cared for by the service – within 7 days of the relevant event or within 7 days of the approved provider becoming aware of the relevant information
- for any allegation that sexual or physical abuse of a child has occurred or is occurring while the child is being educated and cared for by Early Learning Victoria.
In addition, Early Learning Victoria must take reasonable steps to ensure that these incidents and complaints are adequately addressed. Notifications should be made to the Regulatory Authority through the NQA IT System. If not practicable, the notification can be made initially in whatever way is best in the circumstances.
Regulatory Authority: The Regulatory Authority is established by the National Law. It regulates providers of early childhood education and care services to ensure they protect children’s safety, health and wellbeing and comply with the Child Safe Standards. The department is the Regulatory Authority for early childhood services in Victoria under a range of regulatory schemes.
Reportable Conduct Scheme: The Reportable Conduct Scheme is provided for in the Child Wellbeing and Safety Act 2005, which outlines worker and volunteer conduct and how organisations investigate and respond to allegations of child abuse. The scheme aims to improve the response of organisations to allegations of child abuse and to help identify people who pose a risk of harm to children. The scheme applies to all employees, contractors or volunteers who are engaged by an Early Learning Victoria centre.
There is an allegation of Reportable Conduct under the scheme where a person has a reasonable belief that there has been:
- a sexual offence committed against, with or in the presence of a child
- sexual misconduct committed against, with or in the presence of a child
- physical violence committed against, with or in the presence of a child
- behaviour causing significant emotional or psychological harm to a child
- significant neglect of a child.
Serious incident: For the purposes of the definition of serious incident in section 5(1) of the National Law, each of the following is prescribed as a serious incident:
- the death of a child:
- while that child is being educated and cared for by an education and care service, or
- following an incident occurring while that child was being educated and cared for by an education and care service
- any incident involving serious injury (such as a broken limb) or trauma to a child occurring while that child is being educated and cared for by an education and care service:
- which a reasonable person would consider required urgent medical attention from a registered medical practitioner, or
- for which the child attended, or ought reasonably to have attended, a hospital
- any incident involving serious illness of a child occurring while that child was being educated and cared for by an education and care service for which the child attended, or ought reasonably to have attended, a hospital (for instance, for a severe asthma attack, seizure or anaphylaxis reaction)
- any emergency which emergency services attended
- any circumstance where a child being educated and cared for by an education and care service:
- appears to be missing or cannot be accounted for, or
- appears to have been taken or removed from the education and care service premises in a manner that contravenes these Regulations, or
- is mistakenly locked in or locked out of the education and care service premises or any part of the premises.
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