Complaints in relation to the conduct of members of the administrative staff of the Tribunal

This part of the Complaints policy deals with complaints in relation to members of the administrative staff of the Tribunal.

What kinds of complaint may be made?

A complaint may be made in relation to the conduct of a member of the Tribunal’s administrative staff.

All administrative staff members of the Tribunal are required to comply with the principles of conduct described in s 9 of the Public Sector Management Act 1994 (WA) (PSM Act), including the Code of Conduct of the Department of Justice. Failure to comply with these principles may result in disciplinary action against the staff member.

These principles are reflected in the Tribunal’s Customer Charter.

How to make a complaint

A complaint in relation to the conduct of a member of the Tribunal’s administrative staff must be made in writing, using the complaints form.

You must not include a complaint within a document filed in a proceeding in the Tribunal.

In the complaint form, you must provide:

• your name, address and phone number;
• the case number and the parties involved in the proceeding, if applicable;
• the name of the staff member to whom your complaint pertains (if known);
• details of your complaint, including the date on which the conduct complained of occurred.

How will the complaint be handled?

The Tribunal will acknowledge receipt of your complaint in writing.

Subject to the direction of the Executive Manager of the Tribunal, the complaint will then be referred for investigation, by a staff member who is more senior to the staff member the subject of the complaint.

Following investigation, the Executive Manager will advise you in writing of the outcome of your complaint.  The Executive Manager may respond to your complaint in a variety of ways, including by:

• deciding that your complaint is not substantiated, and taking no further action;
• providing you with an explanation of any action taken;
• clarifying the Tribunal’s procedures and processes, and reviewing or changing those processes, if necessary;
• in the event that the staff member’s conduct is considered to have fallen below the standard expected:
  • offering an apology to you;
  • taking such action as is appropriate to ensure that the staff member’s conduct is not repeated; and
  • if appropriate, referring the staff member’s conduct for disciplinary action.
• if your complaint pertains to a matter outside the Tribunal’s area of responsibility, providing information on external organisations who may be able to assist.

The Tribunal will endeavour to investigate your complaint and to advise you of the outcome as quickly as possible.