Complaints

The Complaint Management Policy covers complaints about Council’s processes, procedures, policies or quality of services as distinct from Council’s services, or from matters such as reporting corruption or misconduct of elected officials. Council has adopted the Code of Conduct, which includes procedures for reporting and investigation of breaches of the code of conduct by Councillors and Council staff.

What is a complaint?

A complaint may relate to a specific incident or issue involving Council, or to matters of a more philosophical or general nature, regarding Council’s processes and/or procedures.

A complaint does not include:

• a request for Council services,

• a request for information or explanation of policies or procedures or decisions of Council,

• reports of damaged infrastructure,

• reports of hazards,

• reports concerning neighbors or neighboring property (e.g., noise or unauthorized works), or

• the lodging of an appeal in accordance with Council procedure or policy.

How do I make and lodge a complaint?

Complaints must be lodged with Council in writing (including by email, or via Council’s online request system) to the Public Officer.

Complaints must include the name, address and contact number of the complainant and a brief description of the problem.

If a Councillor receives a complaint, the Councillor should refer the matter directly to the Chief Executive Officer as per Council’s Code of Conduct.

How will Council manage my complaint?

Council values feedback from the community on its performance, including complaints. Council staff will assist where necessary to the lodging of a complaint.

At all times, Council staff will treat complainants in a respectful and professional manner. Council expects that complainants extend the same courtesy to our employees.

Tier 1: Frontline complaint handling Staff will, within the scope of their delegated authority, endeavor to resolve issues at the first point of contact. The subject of the complaint, the name of the complainant and their contact details, their actions and the resolution of issues must be recorded in Council’s electronic document management system. Complainants will be encouraged to use all existing Council procedures to resolve their issue. If the matter cannot be resolved at the first point of contact the matter, once recorded, must be sent to the Public Officer who will determine the most appropriate staff member to deal with the matter. The Public Officer must ensure the timelines within the table below are complied with and/or periodic updates are provided to the complainant.

Tier 2: Internal review Should the complainant be dissatisfied with the handling or determination of a complaint, the Public Officer may refer the complaint to the CEO for internal review. The Public Officer should advise the complainant they may request an internal review in writing. If requested, the Public Officer will refer the matter to the CEO who will review the matter and call upon the help of a specialist officer (if technical issues are raised) and respond to the complainant accordingly. The CEO will advise the complainant in writing of the expected turnaround times (after consultation with the officer conducting the review process) and keep the complainant updated if an extension or more information is required.

Tier 3: External review Should the complainant be dissatisfied with the way in which their complaint was handled, or the findings, they will be provided with the relevant information by the Public Officer or CEO regarding rights of appeal and may seek a review by the:

• NSW Ombudsman on 1800 451 524 or at https://www.ombo.nsw.gov.au/ – for complaints about the conduct of staff, enforcement matters and the administrative conduct of Council itself.

• Independent Commission Against Corruption (ICAC) on 1800 463 909 or at https://www.icac.nsw.gov.au/ - for complaints that a Council official has acted corruptly.

• Office of Local Government (OLG) on 4428 4100 or at https://www.olg.nsw.gov.au/ - for complaints about the overall functioning of Council, pecuniary interest issues, tendering or Councillor misconduct.

When will Council respond to my complaint?

Within the timeframes prescribed below, on the receipt of a complaint, the Public Officer will provide an acknowledgment letter. The acknowledgement will detail receipt of the complaint, the process involved in investigating the allegation/s and an indication of time required for resolution. Such acknowledgement will be in writing, as appropriate, and details of the contact will be recorded against the complaint in Council’s electronic document management system. The Public Officer will provide written advice to the complainant as to the outcome of investigations. Where appropriate, an offer of redress will be made and the complainant will be advised of any measures taken to minimise recurrence of the issue(s) underlying the complaint.

Within 7days	All complaints will be recorded in Council’s electronic document management system. All complainants will be provided with written acknowledgement of the complaint.
Within 10 days	The Public Officer will provide acknowledgement and aim to give a timeframe for resolution of the matter where it is complex or requires investigation.
Within 21 days	Competitive Neutrality complaints will be acknowledged and within twenty-one (21) days. If further time is required, the Public Officer will advise the complainant and provide periodic updates.
Within 28 days	The Public Officer will aim to address the full complaint or keep the complainant informed of progress. For complex issues, updates will be provided at periodic intervals determined by the nature of the issue and as notified by the Public Officer in their acknowledgement letter.
Within 60 days	Internal reviews should be completed within 60 days of the lodgment for a request for an internal review. For complex reviews, an estimate of the time required and periodic updates should be provided by the CEO.

How do I request an external review of my complaint?

There are external bodies that can deal with different types of complaints about us.

You can request an external review from the following organisations;

• NSW Ombudsman on 1800 451 524 or at https://www.ombo.nsw.gov.au/ – for complaints about the conduct of staff, enforcement matters and the administrative conduct of Council itself.

• Independent Commission Against Corruption (ICAC) on 1800 463 909 or at https://www.icac.nsw.gov.au/ - for complaints that a Council official has acted corruptly.

Complaint procedure summary

1. Tell us what happened, submit your complaint in writing;

2. Berrigan Shire Council will assess your complaint;

3. You will be advised of the outcome of the assessment;

4. Proceeding to investigate the complaint;

5. Referral to more senior officer (if required);

6. Internal review (if required) independent of the person who took the action, made the decision or provided the service;

7. Is the complaint vexatious / refer to director or CEO;

8. Investigate and respond or refuse and refer;

9. Outcome of complaint. Is the complainant satisfied;

10. Refer for external review (if required)