How long will it take to resolve a complaint?
Council aims to resolve all complaints as quickly as possible.
Complaints about simple matters, that don’t require a formal investigation, can usually be addressed within a few business days.
However, the circumstances vary considerably between complaints and types of complaints.
Council endeavours to resolve complaints of a minor nature within 20 working days, and within 40 working days for complaints of a complex nature and up to 45 business days in the case of a Human Rights complaint.
Some complaints are referred to other agencies, for example –the Office of the Independent Assessor | Office of the Independent Assessor (oia.qld.gov.au) in the case of councillor conduct complaints. Complaints handled by other agencies are handled according to the response times and resources available in those external agencies.
Can I make a complaint and remain anonymous?
Council acknowledges that in certain circumstances a person may prefer to remain anonymous when making a complaint. This is not encouraged, as it can compromise the quality of the investigation, however Council respects this right and will investigate all complaints received. Anonymous complaints can be made in writing to the Chief Executive Officer or by phone.
The complaint must still include all relevant information to enable Council to investigate and respond or the complaint may be dismissed for lack of evidence and credible grounds for pursuing the complaint.
What happens to the information and documentation?
Documentation relating to a complaint will be treated as confidential information. This includes the written complaint, investigation report and correspondence between the complainant and the investigator.
Your personal information is handled in accordance with the Information Privacy Act 2009 and will be accessed by persons who have been authorised to do so.
Any personal information you choose to provide will only be used for the purpose for which it was provided and will not be disclosed to other persons or organisations without your prior consent, or if required by law.
Your information will not be given to any other person or agency unless you have given permission of the disclosure except as authorised by law.
Grounds for refusal:
Complaints can only be investigated on the basis of credible and reasonably complete information.
Grounds for refusing a complaint include:
- The matter is not within Council’s power.
- The matter is not within the Douglas Shire.
- As worded, the complaint breaches or else would breach Work, Health and Safety, Respect at Work, anti-bullying; psycho-social safety and/or industrial obligations.
- The complaint is Unacceptable Complainant Conduct2 meeting the Ombudsman’s tests for UCC being unacceptably persistent, based on wrong or false assumptions or argument/s, demanding, uncooperative or another unacceptable behaviour and/or Unreasonable Council Contact or else is breaching the restrictions already in place as a result of prior notice from Council.
- The complaint is already closed, due to having been considered already by a previous Council, CEO and/or a court of law and no new or further information
- and there are no grounds for resubmitting the complaint that have not already been addressed.
- The complaint is frivolous, vexatious, malicious, negligent, unlawful, discriminatory, reckless or intentionally wasteful of time and resources in which any review or investigation is unable to alter or produce a different result.
- To respond, the complaint would be an excessive application of resources, including that the matter has previously been investigated, has previously or is currently being internally or externally reviewed already, or has been investigated and determined, internally reviewed and determined to be closed by Council, unless or until there is new information, or else is currently the subject of an appeal or investigation at another place.
- Has been reviewed, or is in the process of being reviewed, mediated and/or determined by an external party or a regulator for example, the Ombudsman, Crime and Corruption Commission, Office of the Independent Assessor, the Privacy Commissioner, or Queensland Human Rights Commission, a court of law or alternative dispute mechanism.
- Involves illegal or unlawful discrimination or harassment (actual and attempted), and / or makes verbal or physical threats, aggression, shaming, abuse and/or malice.