Complaints and Appeals Policy and Procedures
Definitions
For the purposes of this document the following applies:
Learner(s) refers to all persons enrolled or seeking to enrol in a course with Australian Salesmasters Training Co Pty Ltd
Complainant refers to Learners (as defined above) who have lodged a grievance with Australian Salesmasters Training Co Pty Ltd.
1. Overview
Australian Salesmasters Training Co Pty Ltd (ASTC) is committed to providing an effective, efficient, timely, fair and confidential grievance-handling procedure for all Learners. This policy covers both academic and non-academic grievances and appeals.
Academic matters include those matters which relate to learner progress, assessment, course content or awards in a VET course of study.
Non-academic matters include those matters which do not relate to learner progress, assessment, course content or awards in a course and include grievances in relation to personal information that the provider holds in relation to a Learner. Non-academic grievances tend to arise from events occurring at a provider or from decisions made by a provider.
Complainants are entitled to access the grievance procedures regardless of the location of the course at which the grievance has arisen, the Complainant’s place of residence or mode of study.
This policy does not replace or modify policies or any other responsibilities that may arise under other policies, statutes, or any other law. Also, the dispute resolution procedures outlined below do not circumscribe an individual's rights to pursue other legal remedies.
The ASTC complaints policy and appeals policy will:
2. Responsibility
The Compliance Officer is responsible for implementation of this policy and procedure and ensuring that all staff are fully trained in its operation and Learners and Complainants are made aware of its availability.
3. General principles
These principles, which will be adhered to by ASTC, apply to all stages of this grievance procedure:
4. Informal Grievance Procedure
Learners are encouraged initially to attempt to resolve a grievance informally by talking directly with the person concerned to resolve the problem. This step is not mandatory, and a Learner may proceed directly to the Formal Grievance Procedure.
5. Formal Grievance Procedure
5.1 Stage One
Formal grievances should be submitted in writing on the Formal Grievance Form to the Learner Support Officer at ASTC, PO Box 638, Rosebery, NSW 1445 or by email to info@astc.edu.au. The Formal Grievance Form is located on the ASTC site at https://www.thesalesmasters.com.au/support/learner-how-to-s/.
The Complainant is invited to include suggestions about how the grievance might be resolved. The Learner Support Officer will notify the Complainant of receipt of the grievance within 5 working days.
The Learner Support Officer will then assess the grievance, determine the outcome and advise the Complainant in writing of their decision within 10 working days. The Complainant will be advised of their right to access Stage Two of this procedure if they are not satisfied with the outcome of Stage One.
5.2 Stage Two
If the Complainant is not satisfied with the outcome of Stage One they may lodge an appeal in writing within 20 working days of receiving the written response with the CEO at ASTC, PO Box 638, Rosebery, NSW 1445.
The CEO will notify the Complainant of receipt of the appeal within 5 working days.
The Complainant’s appeal will be determined by the CEO who will conduct all necessary consultations with the Complainant and other relevant persons and make a determination of the appeal. The Complainant will be advised in writing of the outcome of their appeal, including the reasons for the decision within 10 working days. The Complainant will be advised of their right to progress to Stage Three of the grievance procedure if they consider the matter unresolved.
5.3 Stage Three
If the Complainant is not satisfied with the outcome of their appeal, then an independent mediator will be sourced by ASTC through the Resolution Institute. Complainants may request that their grievance is referred to the independent mediator by writing to the CEO at ASTC, PO Box 638, Rosebery, NSW 1445.
Costs of such mediation will be shared equally by ASTC and the Complainant. As a guide, the mediator’s costs would be $385 for the first four hours (or part thereof). Subsequent hours would be $137.50 per hour. It is common for most disputes to be resolved within the initial four-hour allocation.
If the Complainant remains unsatisfied with the outcome of the mediator’s decision, then they may contact the Australian Skills Quality Authority (ASQA). For contact details and information please see: Complaints about training providers | Australian Skills Quality Authority (ASQA).
ASTC will give due consideration to any recommendations arising from the external review of the grievance within 30 days of receipt of the recommendations.
6. Publication
This Learner Grievance Policy and Procedure (Academic and Non-academic) will be made available to Learners and those seeking to enrol with ASTC through publication on the website (https://www.thesalesmasters.com.au/).
7. Continuous Improvement
Any improvement arising from a learner's academic grievance or appeal will be recorded in the Continuous Improvement Register. This register will be revised by the CEO and the Program Co-ordinator (or delegated nominee) at least four times per year and will provide a report to the Board of Directors.
8. Record keeping and confidentiality
Records of all academic grievances handled under this procedure and their outcomes shall be maintained for a period of at least 5 years to allow all parties to the grievance appropriate access to these records upon written request to the Program Co-ordinator (or delegated nominee).
All records relating to complaints will be treated as confidential and will be covered by the Privacy Policy and Procedure.
Assessment Appeals
An application for appeal will be considered where:
Where appropriate, the Learner should first approach the assessor concerned within 30 days of receiving the assessment result, where practicable.
Where the outcome is not satisfactory to the Learner, the Training Learner Support Officer should be contacted in writing (mail/email) by the Learner, setting out:
An Appeal Form is available from ASTC Administration upon request and may be downloaded from HERE.
The Board of Directors will consider the appeal, and the Learner will be notified in writing of the outcome and the reason for the decision.
If the Learner is not satisfied with the outcome, the appeal will be referred to an independent person, who is agreed to by both parties, and the Learner will have an opportunity to formally present their case.
Reference:
Appeals Form
Appeals Outcome Form
Complaints Form
Complaints Outcome Form
Smart and Skilled
As a first step, Learners are encouraged to discuss their concerns with their approved Smart and Skilled training provider. The provider's consumer protection officer should be able to help students with their concerns.
Approved Smart and Skilled training providers are required to include the Smart and Skilled website details and 1300 number on all public information, enrolment forms and learner induction material, so that Learners are aware of their rights and options for making a complaint or providing feedback about their training.
Where Training Services NSW receives a complaint, the Learner is asked whether they have raised their concerns with their training provider and whether the provider has responded. If the Learner asks for further assistance, the Training Services NSW initially tries to resolve the issue through information and mediation.
The officer contacts the training provider and the Learner to help resolve the issue. This is done by mediation – trying to get each party to understand and respect each other's points of view, negotiating over differences and discussing possible solutions.
The discussions may take place through letters, emails, telephone conferences, video conferences or face-to-face meetings. The officer then advises on the most effective solutions to resolve the complaint.
While the officer handling the complaint will do all they can to help resolve the complaint, they cannot guarantee a successful solution. The officer will inform both the Learner and the training provider when they have done all they can to assist. It's then up to the Learner or the training provider to look for another, more formal process to resolve the dispute. View list of all Consumer Protection contacts.
Smart and Skilled
Student and employer enquiries
Training Services NSW Assistance
1300 772 104, or if you are calling from overseas +61 2 8267 7770.
Training Services NSW offices 13 28 11
smartandskilled.enquiries@det.nsw.edu.au
Contacting the Smart and Skilled customer support centre to seek assistance, ask for advice, make a complaint or provide feedback
While You can do this by email, over the phone on 13 28 11, or in person at a Training Services NSW centre.
The Smart and Skilled customer support centre can provide:
Continuing training where your current Training Provider is no longer able to deliver subsidised training under Smart and Skilled
If your Training Provider is no longer able to deliver subsidised training to you under Smart and Skilled, there are options for continuing your training.
Option 1:
You can select a different Training Provider
If you select another Smart and Skilled Training Provider, then you will continue to receive subsidised training.
Your current Training Provider will assist you to transfer to the new Training Provider which you have selected. They can also suggest an alternative Training Provider.
To select a different Smart and Skilled Training Provider use the Skills Navigator.
Option 2:
You may be able to remain with your current Training Provider
Under this option you may have to pay your Training Provider full fees to finish your training. You will need to ask your Training Provider how much you will have to pay to complete your qualification.
If you decide to transfer, what help will you receive?
Your current Training Provider should provide you with the following assistance as soon as possible:
If you are an apprentice or trainee: For assistance, contact your Australian Network Provider or Training Services NSW on 13 28 11.
Who to contact?
Website: www.asqa.gov.au
Phone: 1300 772 104
Email: SmartandSkilled.Enquiries@det.nsw.edu.au
Phone: 13 32 20, Monday-Friday, 8:30am to 5pm
Website: www.fairtrading.nsw.gov.au
Still not sure?
The National Training Complaints Hotline will direct you to the relevant authorities or the most appropriate organisation to assist you.
Phone: 13 38 73, Monday-Friday, 9am to 5pm
Website: www.dewr.gov.au/national-training-complaints-hotline
Complaints and disputes handling process
Complaints and disputes are handled by an officer from Training Services NSW, who first tries to resolve the issue through information and mediation.
The officer contacts the training provider and the Learner to help resolve the issue. This is done by mediation – trying to get each party to understand and respect each other's points of view, negotiating over differences and discussing possible solutions.
These discussions may take place through letters, emails, telephone conferences, video conferences or face-to-face meetings. The officer then advises on the most effective solutions to resolve the complaint.
While the officer handling the complaint will do all they can to help resolve the complaint, this cannot guarantee a successful solution. The officer will inform both the Learner and the training provider when he or she has done all they can to help. It's then up to the Learner or the training provider to look for another, more formal process to resolve the dispute.
Student rights and obligations
As a student receiving government-subsidised training under Smart and Skilled, you have certain rights and obligations.
You have the right to:
Your obligations include: