This policy relates to the handling of external complaints about JusticeNet, its team members or members, and requests for review of decisions made by JusticeNet in relation to an application for legal assistance.

JusticeNet is committed to ensuring that:

• any person or organisation using JusticeNet’s services or affected by its operations has the right to lodge a complaint and to have their concerns addressed in ways that ensure access and equity, fairness, accountability and transparency; and
• any person who applies to JusticeNet for legal assistance and is not happy with a decision made by JusticeNet in relation to the application can request a review of the decision.

JusticeNet also recognises that staff members may need to raise concerns about service users or referral partners whose conduct affects their ability to provide services safely and professionally. Staff have the right to lodge complaints about inappropriate, threatening, or problematic behavior, and to have these concerns addressed appropriately.

Principles

JusticeNet will:

• consider all complaints and requests for review that it receives;
• treat all parties to a complaint or request for review with respect;
• recognise that an issue of complaint is important to the complainant;
• maintain confidentiality of the parties involved except where authorised or required by law or as is necessary to deal with the complaint / request for review;
• deal with all complaints and requests for review in a timely manner;
• keep parties to the complaint informed of progress of the complaint; and
• take steps to ensure that all service users and stakeholders are aware of the complaints and review policy and procedures.

Procedures

Information for clients and stakeholders regarding complaints and requests for review

Steps will be taken to ensure that people accessing JusticeNet’s services, and stakeholders of JusticeNet will have information about JusticeNet’s complaints and review procedures.

People accessing JusticeNet’s services will be informed of their rights and responsibilities with regards to complaints and reviews at the earliest possible stage of their involvement with the organisation.

JusticeNet application forms (including online application forms) will contain (or provide a link to) information on JusticeNet’s complaints and review procedures including the following:

• how to make a complaint or request a review;
• contact person for lodging a complaint or requesting a review;
• how the organisation will deal with the complaint or request for a review, the steps involved and the timelines;
• the rights of the complainant to an advocate, support person or interpreter; and
• how the person will be informed about the outcome of their complaint or request for review.

Making a complaint

A person wishing to make a complaint may do so in writing to:

• the staff member they were dealing with at the time;
• the manager or supervisor of that staff member; or
• the CEO.

Written complaints may be sent to admin@justicenet.org.au.

Who should handle a complaint?

The CEO and President of the Management Committee (or their delegate, if appropriate) have responsibility for handling complaints, as follows:

• The CEO has responsibility for handling external complaints involving staff members. Note that internal complaints, where a staff member makes a complaint concerning another staff member, will be dealt with in accordance with JusticeNet’s Grievance Policy contained in the Human Resources Policy Book.
• The CEO (or their delegate) has responsibility for handling complaints made by staff members about service users or referral partners.
• The President of the Management Committee has responsibility for handling complaints about the CEO, a JusticeNet member or another Management Committee member;
• The Vice-President or Secretary of the Management Committee (if any) have responsibility for handling complaints made against the President.

Procedure for responding to complaints 

The person responsible for handling the complaint will be responsible for:

• registering the complaint;
• examining the complaint within 2 weeks of the complaint being received;
• investigating the complaint and deciding how to respond;
• informing the complainant by letter within 1 month of the complaint being received of what is being done to investigate and resolve it, and the expected time frame for resolution; and
• assessing whether any action is necessary under the Risk Management Policy and/or Media Policy.

As far as practicable, complaints will be investigated and finalised within 2 months of being received. If this timeframe cannot be met, the complainant will be informed of this, and of the alternative timeframe for resolution. To finalise the complaint, the person managing the complaint should inform the complainant of the outcome of the complaint including:

• if the matter was resolved, how this has been achieved; and
• if no further action can be taken, or the matter cannot be resolved, the reasons for this; and
• any options for further action, if available.

Where a complaint involves or is about a specific staff member or Management Committee member, the person handling the complaint should:

• notify the person of the complaint and its nature;
• investigate the complaint and provide the person the subject of the complaint with an opportunity to respond to any issues raised; and
• attempt to mediate the dispute (if appropriate) and/or attempt to resolve the matter to the satisfaction of the outside party.

Staff complaints about service users or referral partners

Staff members who wish to make a complaint about the conduct or behaviour of a service user or referral partner may do so in writing to:

• their direct supervisor or manager; or
• the CEO.

The CEO (or their delegate) has responsibility for handling such complaints.

The person responsible for handling the complaint will:

• register the complaint;
• assess any immediate safety or risk management concerns;
• investigate the complaint within 2 weeks of receipt;
• determine appropriate action, which may include: discussing the matter with the service user or referral partner; setting boundaries or conditions for continued service provision; declining to provide further services; terminating the referral relationship; or taking other action as appropriate;
• inform the staff member of the outcome within 1 month of the complaint being received; and
• assess whether any action is necessary under the Risk Management Policy and/or other relevant policies.

Requests for review in relation to applications for legal services

A person who has applied to JusticeNet to access pro bono legal services and is unhappy with the decision can request in writing a review of the decision.

Where the decision was made by a staff member other than the CEO, the review will be conducted by the CEO.

Where the decision was made by the CEO, the review will be conducted by a member of the Management Committee.

Reviews must be undertaken in a timely manner after receipt of a request and the applicant must be informed of the outcome of the review as soon as practicable.

Record keeping - complaints and requests for review

A register of complaints and requests for review will be maintained.  The register will record the following (if applicable) for each complaint or review request:

• details of the complainant and the complaint / request for review;
• date lodged;
• person handling complaint / request for review;
• action taken;
• date of resolution / date of decision and reason for decision;
• record of complainant / aggrieved applicant being notified of outcome; and
• complainant's response and any further action.

The information in the register will be used to inform service planning by including a review of complaints in all service planning, monitoring and evaluation activities.