1. Purpose

This Policy is to ensure that all complaints are handled fairly, effectively, efficiently and consistently across The Learning for Life Autism Centre Inc (Learning for Life) in a timely manner. This policy provides procedural operational guidance to staff, and for clients who want to make a complaint, on the key procedures and expectations for the feedback and complaint handling system.

Learning for Life believes that all feedback and complaints provided by our clients are an important opportunity to improve the quality of our services. Through this Policy Learning for Life ensures that our clients, their families, carers, advocates and members of the public are aware of their right to provide feedback and make complaints and the procedure to follow to lodge their complaint, feedback or grievance. All feedback and complaints shall be treated confidentially, where possible, and Learning for Life shall take all reasonable measures to ensure complainants are protected from reprisals and/or victimisation.

Any feedback and complaints received from staff or volunteers will also be treated in accordance with this policy.

2. Policy Statement

a. This service will:

• Provide clear procedures for making and dealing with complaints at the service.
• Comply with all legislative requirements.
• Investigate all complaints, dealing with them as soon as practicable.
• Attempt to resolve the complaint to mutual satisfaction of those involved.

b. This service is committed to:

• The resolution, where possible, of complaints to the mutual satisfaction of those involved.
• Fairness and equity in dealing with disputes, complaints and complainants.
• Compliance with all legislative and statutory requirements.
• Keeping confidential, where practicable, the information provided by any person involved with a complaint.

c. Learning for Life understands and supports person-centred and family-centred approaches to delivery of services and recognises the central role of families in peoples' lives. This approach may include inputs and evaluations from families, friends and carers. Feedback received assists continuous improvement and contributes towards enhancing service delivery.

d. Learning for Life is committed to working collaboratively together with Clients to continue to deliver a high standard of therapeutic services that meet the needs of Clients and their families and ensures that the Client participates fully in their family and community life.

e. When managing complaints, Learning for Life shall take a focus on identification of risk and the prevention of errors in order to reduce the potential dissatisfaction and harm to Clients.

• Learning for Life shall give all Clients access to lodging feedback and complaints without fear of retribution or victimisation and shall ensure that all received feedback and complaints are considered, appropriately referred and actioned upon.
• Learning for Life shall engage employees and contractors that have the right skills and training to meet the standards prescribed by this Policy.

3. Scope

a. This policy applies to the staff, volunteers, parents/guardians and any other person involved with Learning for Life.

b. All complaints received by this service will be dealt with under this Policy except for:

• Complaints relating to sexual and other forms of harassment or relating to equal opportunity, which will be dealt with under the Grievance Policy.
• Complaints related to industrial or employment matters, which will be dealt with in accordance with the Grievance Policy, specific staffing policies and the requirements specified under relevant awards, industrial agreements or legislation.
• Complaints between members of the association or a member and the Board relating to the operation of the incorporated association, which will be dealt with under the grievance procedure in the service's Constitution.

c. Where a Complaint received relates to a reportable incident under another policy (such as the Duty of Care & Incident Policy and Child Safe & Vulnerable Persons Policy), the Complaint will still be addressed under this Policy in addition to the other relevant policy being followed for the handling of the underlying incident.

4. Definitions

Client means, for the purpose of this policy:
(i) a child who is enrolled in a Learning for Life program and, in relation to information provided or a complaint or feedback made, that child's parents or legal guardians.
(ii) where Learning for Life is providing a service under a service agreement with an educational institution or private organisation, that institution or organisation.

Complaint means any verbal or written grievance from a client, staff member, volunteer or other person involved with the service.

Senior Management Team (SMT) includes CEO, Clinical Director, Human Resource Manager, Marketing, Communications and Engagement Coordinator, Head of Allied Health, Head of Early Intervention, Head of Behaviour Support and Head of Therapy Assistants.

5. Communication

a. This Policy shall be communicated to existing Clients on its commencement and to new Clients on the commencement of their service.

b. This Policy shall be communicated to all staff and volunteers of Learning for Life on its commencement and to new staff members on the commencement of their employment in compliance with Recruitment and Induction Policy and Training and Registrations Policy.

c. Learning for Life shall provide relevant information and training to all staff and volunteers about this Policy and its application.

d. This Policy is available in easy read and pictorial format.

e. This Policy shall be read in conjunction with:

• Grievances Policy;
• Positive Behaviour Support Policy;
• Confidentiality and Privacy Policy;
• Conflict of Interest Policy;
• Data Breach and Response Policy;
• Drugs and Alcohol Policy;
• Duty of Care and Incident Management Policy;
• Psychosocial Hazards Policy;
• Individual Programs Policy;
• Performance Management and Disciplinary Policy;
• Quality Management Policy;
• Recruitment and Induction Policy;
• Risk Management Policy;
• Training and Registrations Policy;
• Child Safe and Vulnerable Persons Policy.

6. Background and Relevant Legislation

Relevant Legislation that is applicable to Learning for Life in the context of complaints is:

• Associations Incorporation Act (Vic) 1981;
• Accountability Principles 2014;
• Australian Human Rights Commission Act (Cth) 1986;
• Child Employment Act (Vic) 2003;
• Child Wellbeing and Safety Act (Vic) 2005;
• Children, Youth and Families Act (Vic) 2005;
• Commission for Children and Young People Act (Vic) 2012;
• Constitution of the service;
• Disability Services Act (Cth) 1993;
• NDIS Practice Standards - Worker Screening Rules 2018;
• NDIS (Quality Indicators) Guidelines 2018;
• Privacy and Data Protection Act (Vic) 2014;
• Privacy Act (Cth) 1988;
• United Nations Convention on the Rights of Persons with Disabilities (CRPD);
• Working with Children Act (Vic) 2005.

7. Quality Assurance

a. Learning for Life shall deliver services in accordance with its lawful obligations, rules and regulations that establish standards including:

• Support for Clients to achieve their aspirations and to engage with the community;
• Respect for the Clients' right to choose;
• Non-Discrimination;
• A Culture of Respect.

b. All staff of Learning for Life shall undergo regular performance reviews as outlined in the Performance Management and Disciplinary Policy. This practice is designed to facilitate ongoing feedback and goal setting for continuous improvement.

c. Individual Client programs developed in accordance with the Individual Programs Policy shall be reviewed at least annually, allowing for feedback and amendments align with the Client's preferences.

• This Policy shall be interpreted in conjunction with Code of Conduct and the relevant ethical guidelines for each discipline in which staff are employed at Learning for Life. The Code of Conduct and ethical guidelines outline professional standards and expectations that support practitioners in delivering high quality professional services to Clients.

d. To assess whether the policy is achieving the values and purposes set forth in the policy statement the following actions will be taken:

The Practice Manager will review the Complaints and Feedback Register weekly and provide a monthly summary at the Senior Management Team (SMT) Meeting, for consideration of the nature, frequency, status and resolution of feedback and complaints received.

• The CEO will deliver quarterly reports to the Risk, Finance and Governance Committee and Board for their consideration and analysis of the nature, frequency, status and resolution of feedback and complaints received.
• The Board will consider feedback on this Policy from staff, volunteers, parents/guardians and the Senior Management Team.

8. Principles for Receiving, Handling and Assessing Feedback and Complaints

a. Clients of Learning for Life have a right to lodge feedback, complaint, grievance or dispute about the services provided or the way they are delivered at any time during or after receiving services using any available means.

b. To achieve the best possible outcome, Clients are encouraged to include the following information when providing feedback or making a complaint:

• A detailed description of the matter including persons involved, location, date, time, sequence of events and their results;
• Specific actions that the Client would like Learning for Life to take to resolve the complaint;
• Preferred means of communication between the Client and Learning for Life regarding the feedback, investigations and actions taken.

c. All complaints will be treated seriously and thoroughly investigated, regardless of whether they are being handled by an external organisation.

d. Learning for Life shall respond promptly and fairly to any feedback that requires follow-up action or investigation.

e. Individuals involved in a complaint will have the opportunity to present their perspectives.

f. Complaints will be investigated as soon as practicable after they are received.

g. Learning for Life shall take reasonable steps to attempt to resolve any complaints or disputes by consulting with Clients, staff and management.

h. Staff-related issues or positive feedback shall be addressed with the staff members to encourage reflection on everyday practices and self-development.

i. Where the resolution of a complaint leads to an increase in service offerings, these shall be evaluated against budgetary constraints and staff expertise.

A record of all complaints will be maintained in a register. The Practice Manager will oversee the register and provide a monthly report to the Senior Management Team (SMT). Additionally, a report on the number and nature of complaints received since the previous report will be presented quarterly to the Board.

j. The management of complaints shall be conducted in a confidential and respectful manner in accordance with the Confidentiality and Privacy Policy ensuring that there is no retribution against the Client. Details of feedback, investigations, reports and outcomes shall be recorded, managed confidentially, and stored securely in compliance with Confidentiality and Privacy Policy. The Complaints and Feedback Register will include:

• Details of the initial feedback received from the Client;
• Communications with the Client regarding the matter;
• Staff members responsible for addressing the matter;
• Investigations conducted;
• Actions taken;
• Outcome and whether and how the outcome was reported to the relevant authorities and parties.

k. Complaints related to incidents that require reporting shall be promptly communicated to the relevant authorities (such as the Department of Human Services, NDIS, VDW, Victoria Police, etc) or to the relevant professional body (if applicable) as outlined in the Duty of Care and Incident Management Policy, Occupational Health and Safety Policy and Data Breach and Response Policy.

9. Advocacy and Translation

a. Clients have the right to have:

• an advocate or representative; and/or
• a translator,

b. to assist them in making a Complaint or providing feedback.

c. When a Client expresses a desire for an advocate or representative or translator to assist them, Learning for Life shall support the Client in accessing and contacting an advocate or translator.

d. Advocates, representatives and translators may be involved in the management of a Complaint at the request of the Client.

10. Process for Receiving and Handling Complaints

a. When a staff member or volunteer receives a complaint, they must:

• Document the complaint in writing if it is received verbally;
• Encourage the complainant to submit their complaint in writing where the complaint is unclear or has the potential to be misunderstood, to ensure clarity;
• Inform their manager and the Practice Manager as soon as practicable after the Complaint is received, including whether the Complaint has been resolved (and if so how) or whether further steps are required;

b. Upon receipt or notification of a Complaint, the Practice Manager will:

• Promptly enter the Complaint in a Complaints and Feedback Register;
• Resolve the complaint immediately if possible;
• If the complaint is clinical in nature or relates to the program and service being provided and cannot be resolved immediately, inform the Clinical Director;
• If the complaint pertains to invoicing or billing and cannot be resolved immediately, inform the Practice Manager;
• If the complaint is administrative in nature and cannot be resolved immediately, the practice manager will manage the complaint;

c. Upon receipt of the complaint, the Practice Manager or Clinical Director will ensure that the complainant is contacted (via phone or email) to acknowledge the complaint, attempt to resolve it and/or obtain further information, and advise who will be handling the complaint.

d. If the matter is resolved following contact with the complainant:

• If resolved by the Practice Manager, they will notify the relevant program supervisor for the Client and the reporting staff member entering the resolution details into the Complaints Register;
• If resolved by the Clinical Director, they must inform the Practice Manager, who will then notify the relevant program supervisor for the Client and the reporting staff member. The Practice Manager will enter the resolving details into the Complaints Register; or
• If the matter is not resolved by the Practice Manager or Clinical Director they must alert the Practice Manager who will forward the written complaint to the Chief Executive Officer (CEO) or request the complainant to submit the complaint in writing addressed to the CEO.

e. Upon receipt of a complaint, the CEO will:

• Determine whether the complaint should be addressed under this Policy, another of Learning for Life's policies or under the grievance procedure outlined in the service's constitution and whether it constitutes a notifiable incident that requires notifying the National Disability Insurance Commission, the Victorian Disability Worker Commission or any other regulatory or professional body;
• If the complaint falls under the scope of this Policy, refer the Complaint to the Senior Management Team for assessment;
• If the complaint falls under another policy of the Learning for Life constitution, follow the processes in that relevant Policy or constitution; and
• If the complaint constitutes a notifiable incident, notify the relevant authority prior to referring the complaint to the Senior Management Team (or following the processes relevant in the other policy or constitution).

11. Senior Management Team Assessment of Complaint

a. The Board delegates authority to the Senior Management Team to handle complaints referred by the CEO as set out in this Policy.

b. If any member of the SMT is materially involved in the complaint, they will withdraw themselves participating in the assessment, investigation and management of the complaint to avoid any possible conflict of interest.

c. Having received an unresolved complaint, the SMT will:

• Meet promptly to address the complaint;
• Consider the nature and details of the complaint;
• Assign a member of SMT to oversee the investigation.

The person designated to oversee the investigation (referred to as the Complaint Investigator) will:

• Inform the complainant of the procedure for handling the complaint;

d. Offer the complainant the opportunity to meet and discuss the complaint and provide any additional relevant information;

• Maintain accurate records of all information and data collected;

e. Respect the confidentiality of the complaint information. Complaints will be handled discretely and professionally, and all collected will be stored in electronic files with access limited to SMT members and the Practice Manager as appropriate; and

• Investigate the Complaint and gather relevant information

f. In assessing and investigating the Complaint, the Complaint Investigator will:

g. Meet or speak individually with all witnesses to any alleged incident, ensuring that the individuals against whom allegations are made have the;

• Review relevant information and documents;
• Obtain any information or documentation that may assist in resolving the complaint; and
• Seek advice from individuals and organisations that may help in the resolution process where appropriate.

h. While not all feedback and complaints will require an investigation, those that do will be conducted following the principles of natural justice and procedural fairness as well as the internal Performance Management and Disciplinary Policy. Investigations shall follow this process:

• Collection of evidence (including direct observation, collation of documentation and interviews with relevant parties;
• Assembly and consideration of the gathered evidence;
• Comparison of findings against relevant standards, protocols or guidelines, whether national or local, to establish the facts, draw conclusions about causation and make recommendations to minimise risk;
• Development of an improvement strategy with prioritised actions, defined responsibilities, timescales and methods for measuring the effectiveness; and
• Implementation of the improvement strategy and tracking progress, including the effectiveness of actions.

The investigation process will be tailored to the Client's needs and/or disabilities. Where possible and appropriate, the Client shall be kept informed of the progress of the investigation and its outcome and offered support throughout the process.

12. Resolution Stage

a. The Complaint Investigator will, wherever possible, endeavour to resolve the complaint by mutual agreement of the parties involved.

b. If the complaint is resolved, the Complaint Investigator will report this to the Senior Management team and the Practice Manager for inclusion in the Complaints and Feedback Register.

c. If the complaint is not resolved to the satisfaction of the parties involved or particular decisions require Board approval, the Complaint Investigator will refer the matter back to the CEO who will refer it to the Board of Learning for Life.

d. When an issue is referred to the Board, the SMT will provide a report that includes relevant information gathered during investigations and consultations relating to the complaint.

e. The Board will review the report and any recommendations from the SMT and makes a decision on the appropriate action, including any relevant review mechanisms.

f. The SMT will inform the complainant and other relevant parties of any decisions made by SMT, the CEO or the Board regarding the complaint. Where appropriate the SMT will establish relevant review mechanisms and/or procedures to monitor progress.

13. Dispute Resolution

a. If a Client is not satisfied with the outcome of the complaints management process, they may seek external representation to assist in resolving the complaint.

b. The Victorian Disability Services Commissioner is an independent oversight body that resolves complaints and promotes the right of people with a disability to be free from abuse.

c. Staff may assist Clients in accessing and contacting the Victorian Disability Services Commissioner by accessing their website on https://www.odsc.vic.gov.au

14. NDIS Quality & Safeguards Commission

In addition to providing feedback or making complaints to Learning for Life, Clients are also able to contact the NDIS Quality and Safeguards Commission to make complaints in the following ways:

• 1800 035 544 (free call from landlines) or TTY 133 677;
• National Relay Service and ask for 1800 035 544; or
• completing the NDIS Quality and Safeguards Commission complaints contact form.