Complaints Policy

Overview

This Policy sets out how complaints may be made about the Treaty Authority and its actions, and how the Treaty Authority will respond when a complaint is made.

Purpose

The Treaty Authority is committed to fairness and responsibility in its work. This includes ensuring high standards of integrity and building trust and confidence in the Treaty process. This Policy supports the Treaty Authority to handle complaints in a timely, transparent, respectful and fair way.

Definitions

Complainant means a person or group who makes a Complaint in accordance with this Policy.

Complaint means an expression of dissatisfaction or concern received by the Treaty Authority about the Treaty Authority’s actions or activities (including proposed actions or activities, or a failure to act), including actions or activities performed on the Treaty Authority’s behalf.

Complaint Manager means the Privacy Officer, the Data Governance Manager, the General Counsel or Cultural Counsell, as appropriate.

Policy means this Complaints Policy.

Subject matter of a Complaint

A Complaint may be made under this Policy about any aspect of the Treaty Authority’s operations, including (but not limited to):

the Treaty Authority’s collection, management or disclosure of personal information, including culturally sensitive information, in accordance with relevant privacy laws;

the Treaty Authority’s treatment of information subject to its First Peoples Data Sovereignty and Governance Framework;

the Treaty Authority’s compliance with the Charter of Human Rights and Responsibilities Act 2006 (Vic); and

the conduct of a Treaty Authority Member or staff member.

Certain other matters may be covered by more specific Treaty Authority policies and procedures. In such circumstances, those matters will be managed in accordance with those other policies and procedures and this Policy will not apply. Such matters may include:

disputes arising in, incidental to or in connection with Treaty negotiations (refer to the Guide for First Peoples: Finding Common Ground to Resolve Disputes);

a decision or action of the Treaty Authority to which the Treaty Authority’s Internal Review Policy applies;

public interest disclosures under the Public Interest Disclosure Act 2012 (Vic);

workplace grievances.

Making a Complaint

Any person or group may make a Complaint to the Treaty Authority. Complaints should be made via the Treaty Authority website or in writing to either the Chief Executive Officer or a Member of the Treaty Authority. Complaints may be made anonymously.

Responding to a Complaint

Principles for responding to a Complaint

All Complaints will be managed in accordance with the following principles:

Complaints are an opportunity for the Treaty Authority to improve its practices, policies and procedures.

The Treaty Authority will observe and uphold Aboriginal Lore, Law and Cultural Authority.

Complaints will be dealt with efficiently and in a timely manner, having regard to the nature and complexity of the Complaint.

Complainants must be treated with dignity and respect, and in a way that supports them to make their complaint without fear of retribution, discrimination or other negative consequence.

Complainants will be treated in a manner that, as far as practicable, protects their privacy and respects their confidentiality.

Subject to the Treaty Authority’s privacy and confidentiality obligations, Complainants will be kept informed about the progress of their Complaint.

Assessment by Complaint Manager

As soon as reasonably practicable upon the receipt of a Complaint, the Complaint Manager will determine whether to investigate the Complaint or take no further action and close the matter. In doing so, the Complaint Manager must have regard to:

the Treaty Authority’s values, and in particular its commitment to fairness and to ensuring the highest standards of integrity;

whether there is any other process or policy that applies to the complaint;

whether the Complaint relates to conduct of the Treaty Authority or another body or agency;

whether the Complaint is trivial or vexatious.

If the Complaint Manager determines not to investigate the Complaint, the Complaint Manager must advise the Complainant in writing no later than 30 days following receipt of the Complaint:

of the Complaint Manager’s decision and the reasons for it; and

where relevant, of the Complainant’s rights to raise their concerns with an external body, (for example, the Victorian Ombudsman and Office of the Victorian Information Commissioner

Investigation by Complaint Manager

If the Complaint Manager decides to investigate a complaint, the Complaint Manager will determine the form of the investigation, having regard to:

the nature or complexity of the Complaint;

any applicable Aboriginal Law, Lore or Cultural Authority;

the need to ensure that procedural fairness is afforded to all affected parties; and

the need to ensure that Complainants are kept informed about the progress of the investigation.

It is the Treaty Authority’s expectation that any investigation under this Policy will be completed within 30 days, and in all instances no later than 60 days, following receipt of the Complaint.

At the conclusion of an investigation, the Complaint Manager must:

advise the Complainant in writing:

of the outcome of the investigation and the reasons for that outcome; and

where relevant, of the Complainant’s rights to raise their concerns with an external body, (for example, the Victorian Ombudsman and Office of the Victorian Information Commissioner);

consider and (where practicable) implement any improvements to Treaty Authority practices, policies or procedures to avoid a further Complaint being received by the Treaty Authority again.

Record Keeping

The Treaty Authority will keep complete and accurate records of all Complaints, including the response, outcomes and actions taken. All records will be maintained in accordance with the Treaty Authority’s Privacy Policy and confidentiality obligations.