CHAPTER 4 GRIEVANCE AND REVIEW PROCEDURES

4.1 The purpose of this chapter is:

1. to ensure that all higher education providers other than those listed on Table A of the Act have a grievance procedure in place to ensure effective and fair handling of complaints about both academic and non-academic matters. (See paragraphs 19‑45(1)(a) and (b) and subsection19-45(2) of the Act.); and

2. to set out procedures that review officers must follow when reviewing reviewable decisions of higher education provider s under Chapter 3 of the Act. (See subsection19-45(4) of the Act.)

4.5 REQUIREMENTS FOR GRIEVANCE PROCEDURES

4.5.1 A higher education provider other than a Table A provider must have a grievance procedure to deal with complaints:

1. from the provider’s students, and from persons seeking to enrol in courses of study with the provider, relating to non-academic matters; and
2. from the provider’s students, relating to academic matters.

4.5.2 These grievance procedures must contain the following elements:

1. an arrangement for handling complaints which is easily accessible to students; is without charge, or at reasonable cost to students; and encourages timely resolution; and
2. an arrangement for the internal investigation of complaints which remain unresolved by the process outlined at a) by an independent and impartial senior officer of the provider nominated by the provider, or dedicated complaints committee or unit established by the provider; and
3. a provision for external review of decisions made under paragraph b) by an independent person or body established or nominated by the higher education provider.

4.5.5 The higher education provider must:

1. have a mechanism in place to implement the grievance procedures, including implementation of recommendations arising from any external review under paragraph 4.5.2c);
2. ensure that the grievance procedures are complete, unambiguous and agreed to and ratified by the provider’s governing body;
3. not victimise or discriminate against any complainant or respondent;
4. make details of the grievance procedures publicly available;
5. communicate the grievance procedures in writing to its staff and train its staff in their application;
6. specify reasonable timelines for responses to each stage of the process;
7. allow the complainant and/or respondent to be accompanied and assisted by a third party if desired;
8. give reasons and full explanation in writing for decisions and actions taken as part of the procedures, if requested by the complainant and/or respondent;