20Requirements for grievance procedures

20 Requirements for grievance procedures

(1) For the purposes of paragraphs 19-45(1)(a) and (b) and subsection 19-45(2) of the Act, a higher education provider, other than a Table A provider, must have a grievance procedure that meets the requirements specified in subsection (2) to ensure effective and fair handling of complaints: (a) from the provider’s students, and from persons seeking to enrol in courses of study or accelerator program courses with the provider, relating to non-academic matters; and (b) from the provider’s students, relating to academic matters. (2) These grievance procedures must contain the following elements: (a) a formal arrangement for handling complaints which is easily accessible to students; is without charge, or at reasonable cost to students; and encourages timely resolution; and (b) an arrangement for the internal investigation of complaints which remain unresolved by the process outlined at paragraph (2)(a) by an independent and impartial senior officer of the higher education provider nominated by the provider, or dedicated complaints committee or unit established by the provider; and (c) a provision for external review of decisions made under paragraph (2)(b) by an independent person or body established or nominated by the higher education provider. (3) The higher education provider must: (a) have a mechanism in place to implement the grievance procedures, including implementation of recommendations arising from any external review under paragraph (2)(c); (b) ensure that the grievance procedures are complete, unambiguous and agreed to and ratified by the provider’s governing body; (c) not victimise or discriminate against any complainant or respondent; (d) make details of the grievance procedures publicly available; (e) communicate the grievance procedures in writing to its staff and train its staff in their application; (f) specify reasonable timelines for responses to each stage of the process; (g) allow the complainant and/or respondent to be accompanied and assisted by a third party if desired; (h) 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; (i) keep appropriate records of all grievances for at least five years, and allow parties to the complaint appropriate access to these records; (j) ensure that such records are treated as confidential. (4) Students or persons seeking to enrol in a course of study or accelerator program course with a higher education provider are entitled to access the grievance procedures as set out by that provider, regardless of the location of the campus at which the grievance has arisen, the student’s place of residence or the mode in which they study. (5) The procedures set out in the grievance procedures document do not replace or modify procedures or any other responsibilities which may arise under other higher education provider policies or under statute or any other law.