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November 2023

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This policy aims to articulate Council’s commitment to dealing with complaints as a core

part of our business and a customer’s right to make a complaint.

Council values complaints and encourages people to contact us when they have a problem

with our services, actions, decisions, and policies. Council is committed to:

•

Enabling members of the public to make complaints about Council.

•

Responding to complaints by taking action to resolve them promptly and deal

with them efficiently, impartially and courteously.

•

Learning from complaints to improve our services.

Council treats every complaint on its merits through clear and consistent processes.

This policy is based on the Victorian Ombudsman’s – Guide Councils and Complaints: A

Good Practice Guide 2

nd

Edition (April 2023).

2.1 This policy covers all complaints from members of the public about Council services,

Council officers, Council contractors and decisions made at Council meetings.

2.2 This policy applies to all council officers, including third-party contractors carrying

out services on Council’s behalf.

2.3 This policy excludes complaints governed by relevant legislation or acts subject to

statutory review that are dealt with through separate mechanisms. The following list

provides examples but is not exhaustive, and complaints falling under these must

be handled according to their respective requirements:

•

Building Act 1993

•

Charter of Human Rights and Responsibilities Act 2006

•

Disability Discrimination Act 1992

•

Health Records Act 2001

•

Infringements Act 2006

•

Local Government Act 2020

•

Planning and Environment Act 1987

•

Privacy and Data Protection Act 2014

•

Public Health and Wellbeing Act 2008

•

The Australian Standard on Fraud and Corruption Control (AS 8001:2021)

•

The Child Wellbeing and Safety Act 2005

•

The Public Interest Disclosures Act 2012

2.4 This policy does not cover complaints against Councillors or the Chief Executive

Officer.

2.5 This policy does not cover internal staff grievances, internal allegations of staff or

contractor misconduct.

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For the purposes of this policy, Council adopts the following definitions:

A communication, whether orally or in writing, to the Council

by a person of their dissatisfaction with:

•

The quality of an action taken, decision made, or service

provided by an officer or a contractor engaged by the

Council.

•

The delay by a Council officer or a contractor engaged by

the Council in taking an action, making a decision or

providing a service.

•

A policy or decision made by a Council officer or a

contractor.

Third parties carrying out services on behalf of Council.

A paid employee of Council.

The person/people (resident, ratepayer, business owner,

visitor) who has expressed dissatisfaction (refer to complaint

definition above).

Council staff whose primary role involves interacting with

customers to respond to enquiries, accept payments, and

provide subject specialist advice and services to users of

Council services.

A complaint is considered resolved once an initial

investigation has been conducted and the customer has been

updated regarding the service recovery action taken or

planned.

A request for help in obtaining a new service, getting

information from Council, or to inform us about a matter for

which Council has responsibility.

The table below demonstrates examples of a request for service and a complaint. This is an

extract from the Victorian Ombudsman’s Complaints Best Practice Guide

.

My bin was out but wasn’t collected this

morning. Can you pick it up?

I forgot to put my bin out, can someone

collect it?

You haven’t sent out my rates notice.

Can you tell me when my next rates

payment is due?

The Council shouldn’t have approved a

development on Main Road.

What is the process for objecting to the

development on Main Road?

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The Council’s website doesn’t have enough

information about when a planning permit is

needed for a pool.

Can you tell me whether a planning permit

is required for a backyard pool?

Council’s investigation into noise from a

business wasn’t rigorous, and didn’t look at

peak times. More investigation is needed.

My neighbour’s business is very noisy. Can

you make it stop?

A pothole I reported to Council two months

ago hasn’t been fixed, and is getting worse.

Could Council fill in a pothole in my street?

Council recognises customers’ right to complain and is committed to resolving the

complaints Council receives. Council considers complaint handling part of our core

responsibility to serve the community to continually improve service delivery, so our

services are accessible equitable, inclusive, responsive and of high quality.

Council actively and respectfully assists the community throughout the complaints

process, tailoring our assistance to meet their specific needs. This may include providing

support in languages other than English, accommodating individuals living with

disabilities, considering various educational levels, addressing the ‘digital divide’, or any

other relevant requirements.

Council makes it clear how to complain, where to complain and how the complaint will be

handled. The steps taken to respond are recorded and will provide a trail of what has

taken place.

Complaints are dealt with courteously, respectfully, and impartially within established

timeframes. They are assessed on merit and facts while paying attention to

circumstances of hardship or other barriers to equity that the complainant might face.

The complaints handling system protects the personal information of people making a

complaint in accordance with our obligations under privacy laws and internal policy.

Council provides clear information about how personal information is handled. Complaint

data is de-identified if reported on more widely.

Council is internally and externally accountable for our decision-making and complaints

handling performance. Council will provide explanations and reasons for decisions and

ensure our actions are subject to appropriate review processes.

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Council acts on complaints promptly, as set out in this policy. Council regularly analyses

complaints data to find ways to improve how our operations and service delivery. Council

then implements these changes.

Customers may contact us by their preferred method to lodge a complaint. Council

accepts complaints from authorised representatives if a person is unable or does not want

to lodge a complaint themselves.

9249 4000 Monday to Friday: 8.45 am – 5 pm

info@brimbank.vic.gov.au

Feedback and Complaints

PO Box 70, Sunshine VIC 3020

Brimbank Community and Civic Centre

301 Hampshire Rd, Sunshine

704b Old Calder Highway, Keilor

Brimbank is committed to ensuring that the information is available to the

widest possible audience

Brimbank City Council Website can be translated into multiple languages

by visiting the following webpage Brimbank City Council Website

Language Translations and clicking on the language you wish to use.

The Department of Home Affairs provides the TIS National Interpreting

Service for people who do not speak English and for English speakers who

need to provide information. TIS National has access to more than 1400

contracted interpreters across Australia who speak more than 160

languages and dialects.

The service is available 24 hours a day, seven days a week, for people

and organisations needing interpreting services.

Hearing and speech impaired

If you’re Deaf or Hard of Hearing, call us through the National Relay

Service (NRS).

TTY users phone NRS on 133 677 and ask for 9249 4000.

Speak and Listen (speech-to-speech) users phone NRS on 1300 555

727 and ask for 9249 4000.

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•

Customers lodge their complaints via their preferred method.

•

Council aims to resolve complaints at the first point of contact and records all

details of the complaint.

•

If Council is unable to resolve a complaint at the first point of contact, it will be

referred to the relevant department for investigation.

•

Council will provide a reference number and let the complainant know the

expected timeframes and what happens next.

•

All complaints will be acknowledged within five business days.

•

If the complaint does not relate to Council, Council will refer the complainant to

an appropriate organisation or agency.

What is a standard

complaint?

Standard complaints relate to the quality, delay or failure to

deliver a service. The actioning officer can provide quick and

mutually acceptable solutions to address any grievances raised at

the first point of contact.

Who will it be

assigned to for

actioning

Any customer facing officer can receive and resolve a complaint.

What is a complex

complaint?

Complex complaints are grievances that cannot be resolved at the

first point of contact and require investigation. A Council officer

will conduct an investigation, gathering additional information to

make an informed decision. You will be kept informed throughout

the process, and Council will provide you with a written

explanation of the decision at the end of the investigation.

Who will it be

assigned to for

actioning

The Complaints Resolution Officer will work with relevant staff and

Senior Council Officers to resolve the issue.

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What is an

escalated

complaint?

If the customer is dissatisfied with Council’s response to their

complex complaint, they will be offered the option to request an

internal review, which is Tier 3 of our process. A senior officer will

conduct an independent assessment to determine if the complaint

should have been handled differently, and this could result in

either upholding or overturning the original decision.

Who will it be

assigned to for

actioning

A senior officer who was not involved in the investigation or

services at tier 1 or tier 2 of the complaints handling process.

What is an external

review?

If the customer remains dissatisfied with Council’s decision,

Council will guide the complainant on how to pursue an external

review, which is Tier 4 of our process. At this stage, customers

can refer complaints to independent oversight bodies such as the

Ombudsman, Local Government Inspectorate, or a tribunal or

court. Council actively participates and cooperates with the

external review process during Tier 4.

Who will it be

assigned to for

actioning

A senior officer will provide guidance to the complainant on the

process for engaging the appropriate external organisation. These

may include but are not limited to:

•

Victorian Ombudsman www.ombudsman.vic.gov.au

•

Local Government Inspectorate www.lgi.vic.gov.au

•

Office of the Victorian Information Commission

www.ovic.vic.gov.au

•

Independent Broad-based Anti-Corruption Commission

www.ibac.vic.gov.au

•

Victorian Human Rights and Equal Opportunity Commission

www.humanrights.vic.gov.au

•

Victorian Electoral Commission www.vec.vic.gov.au

•

Victorian Civil and Administrative Tribunal (VCAT)

www.vcat.vic.gov.au

•

Fines Victoria

www.online.fines.vic.gov.au

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Council will endeavour to resolve your complaint on the same day. However, if your

complaint cannot be resolved, it will be referred to the appropriate area for further

investigation. Council has committed to the following timelines to provide timely

resolutions of complaints.

Acknowledge receipt of the complaint. Within 5 business days

Investigate and resolve the standard or

escalated complaint and advise the

complainant of the outcome.

Within 30 business days

Provide updates on the progress of a

complaint or internal review where it is

taking longer than 30 business days to

investigate and resolve.

Within 30 business days and

ongoing every 30 business days

Acknowledge the request for an internal

review.

Within 5 business days

Complete the internal review and advise

the complainant of the outcome.

Within 30 business days

Where Council finds that we have made an error, Council will always offer an

acknowledgement and apology to the complainant. Council will also take steps to address

the situation.

Possible outcomes may include:

•

An explanation of why the error occurred and the steps taken to prevent it from

happening again.

•

A reversal of a decision.

•

A subsequent change in policy, procedure or practice.

•

Disciplinary action.

•

Referral to another agency.

Most complainants who lodge a complaint with Council act reasonably and responsibly in

their interactions with us.

Unreasonable conduct is behaviour by a complainant which, because of its nature or

frequency, raises substantial health, safety, resource, or equity issues. Complainant’s

behaviour will be inappropriate and unacceptable when they involve:

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•

Unreasonable persistence – can include excessive communication, seeking

different answers from various officers, reframing old complaints, and refusing to

accept investigation outcomes.

•

Unreasonable demands – can involve insisting on immediate responses,

addressing every minor point, demanding unauthorised information, and seeking

higher-level involvement without reason.

•

Unreasonable lack of cooperation – encompasses sending excessive information,

providing minimal details, offering information incrementally, rejecting reasonable

requests for information.

•

Unreasonable arguments – can involve emphasising minor issues and making

baseless allegations.

•

Unreasonable behavior – can entail verbal abuse, aggression, harassment, and

making threats.

Unreasonable complainant conduct will be monitored and recorded by Council. Where

Council identifies a complainant has become unreasonable, Council has the responsibility

and authority to restrict access for the complainant, and may apply one or more of the

following limitations:

•

Who the complainant has contact with - limiting a complainant to a sole contact

person.

•

What the complainant can raise with us - restricting the subject matter of

communications that Council will consider and respond to.

•

When the complainant can have contact - limiting contact with our organisation to

a particular time, day, or length of time, or curbing the frequency of contact.

•

Where the complainant can make contact - limiting the locations where face-to

face interactions are held to secured facilities or areas of the office.

•

How the complainant can make contact - limiting or modifying the forms of contact

available.

Council takes the action of applying limitations very seriously. Before limiting contact,

Council will consider the Victorian Charter of Human Rights and Responsibilities Act 2006

and any other legal obligations. Council will ensure that limits imposed on customers are

proportionate to the conduct. Initial restrictions may be reviewed, and further restrictions

applied if the complainant fails to follow the measures put in place.

The complainant will be informed in writing of the measures being implemented, the

reason for the measures and the effective date. A review of restrictions will occur at least

every six months to consider whether it is appropriate to retain the restrictions.

If a person is dissatisfied with Council’s handling of their personal, sensitive or health

information, a complaint may be made to Council’s Privacy Officer.

Complaints should be made in writing to:

Senior Freedom of Information and Privacy Officer

Brimbank City Council, PO Box 70, Sunshine Victoria, VIC, 3020

or via email to: privacy@brimbank.vic.gov.au

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Alleged improper conduct, which includes corrupt conduct, can be reported as Public

Interest Disclosures. Disclosures may be made to the Council’s Public Interest Disclosures

Coordinator, Public Interest Disclosures Officer (PID) or the CEO, and they will be handled

in accordance with the Council’s Public Interest Disclosures Act Procedure.

The PID Coordinator may be contacted on 9249 4947 or 0409 421 690 or

confidential@brimbank.vic.gov.au

Complaints about Councillors will be dealt with in accordance with the relevant legislation

and procedures, depending on the nature of the complaint and whether it comes from a

member of the public, Council officers, another Councillor or from a group of Councillors.

Relevant legislation includes the Local Government Act 2020, Public Interest Disclosure Act

2012 and the City of Brimbank Public Interest Disclosures Procedures. There are a range

of external integrity agencies that deal with complaints regarding Councillors, depending on

the nature of the complaint. These include the Victorian Ombudsman, IBAC and the Local

Government Inspectorate.

In the first instance, a complaint about a Councillor should be directed to the Manager

Governance, who will undertake a preliminary assessment of the complaint and assist the

complainant(s) in progressing the matter.

The Manager Governance may be contacted on 9249 4000 or

GovernanceComplaints@brimbank.vic.gov.au

.

Complaints about the Chief Executive Officer will be handled in accordance with the Local

Government Act 2020, Public Interest Disclosure Act 2012 and City of Brimbank Public

Interest Disclosures Procedures.

Council uses your information to respond to your complaint and may also analyse the

information you have provided for the purpose of improving services that relate to your

complaint.

When gathering information to respond to a complaint, Council will only:

•

Use it to deal with the complaint or to address systemic issues arising from the

complaint.

•

Release the information in a de-identified format when disclosing data to the

public.

•

Share the information with Council staff on a need to know basis.

Details about how Council collects and uses personal information can be found in the

Information and Health Privacy Policy 2023

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Are responsible for:

•

Complying with this policy

•

Receiving, acknowledging, and assessing complaints and, where possible, resolving

at the point of contact within the scope of their role.

•

Escalating complaints that cannot be resolved at the first point of contact to the

appropriate officer for investigation and handling.

Are responsible for:

•

Carrying out investigations and handling complaints assigned for actioning.

•

Ensuring complaint recovery action is accurately recorded in centralised systems.

•

Ensuring customer receives adequate communication about the complaint.

•

Escalating complaints to their direct supervisor when the complainant is unsatisfied

with the outcome of the initial investigation and response.

Is responsible for:

•

Identify recurring trends and patterns of complaints to improve council customer

service management and experience.

•

Administering Internal Review complaints and nominating the key contact person.

•

Providing information to relevant departments on the analysis of complaints data.

•

Providing guidance and advice to departments on the handling, investigation and

resolution of complaints.

•

Reviewing incidents of unreasonable customer conduct and producing action plans

for managing ongoing unreasonable conduct.

Is responsible for:

•

Encouraging an environment where complaints are handled transparently,

seriously and comprehensively.

•

Ensuring the operationalisation of this policy

•

Reporting complaints data to the Executive Leadership team

•

Ensuring resourcing for the function is adequate to meet the requirements of this

policy and to raise any issue or concerns in relation to resourcing levels with the

relevant Director.

Are responsible for:

•

Ensuring actioning officers are managing complaints allocated to them in timely

manner.

•

Managing escalated complaints that have not been resolved at the first or second

point of contact within their team.

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•

Providing oversight of the complaints management process within their team.

•

Escalating complex complaints to the next leadership level and redirecting out of

scope complaints to the appropriate unit.

•

Ensuring officers and contractors understand this policy.

•

Ensuring the Mayor and Councillor support and Councillors are advised of the

complaint resolution where complaints have been received via Councillors.

•

Ensuring the customer is provided with an explanation including apology (if

required) and confirmation of action taken when a complaint has been resolved

•

Working with the Coordinator Customer and Digital Experience and their team to

improve processes based on learnings from complaints data.

•

Alerting the Coordinator Digital and Customer Experience to any conflict of interest

prior to conducting independent assessments.

Are responsible for:

•

Ensuring officers understand this policy.

•

Ensuring that issues identified by the analysis of complaints data are investigated

and improved.

•

Ensuring the Mayor and Councillor support and Councillors are advised of the

complaint resolution where complaints have been received via Councillors.

Are responsible for:

•

Encouraging residents to lodge their complaint directly with Council for it to be

actioned accordingly under this policy.

•

Forwarding a complaint for it to be actioned as outlined in this policy.

A Councillor cannot direct or influence the complaint handling process and the complaint

will be investigated as outlined in this policy.

Are responsible for:

•

Ensuring they and their employees understand this policy.

•

Ensuring contractual documentation complies with this policy.

•

Managing any referred complaints in accordance with this policy and guidelines.

•

Notifying Council’s contract manager if they receive a complaint directly.

•

Complying with this policy.

Director, People, Partnerships and Performance

Manager Customer Experience and Service Innovation

People, Partnerships and Performance

Customer Experience and Service Innovation

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Council

TBC

•

Local Government Act 2020

•

Building Act 1993

•

Charter of Human Rights and Responsibilities Act 2006

•

Disability Discrimination Act 1992

•

Health Records Act 2001

•

Infringements Act 2006

•

Planning and Environment Act 1987

•

Privacy and Data Protection Act 2014

•

Privacy and Health Information Policy 2023

•

Public Health and Wellbeing Act 2008

•

The Australian Standard on Fraud and Corruption Control (AS 8001:2021)

•

The Child Wellbeing and Safety Act 2005

•

The Public Interest Disclosures Act 2012

TBC

12 December

2023

November 2027

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