These Procedures outline how the Department of Justice (the Department) will receive and manage complaints.
The Procedures are intended to provide information for complainants wishing to make a complaint and to outline requirements for staff receiving or involved in complaints management.
The Procedures should be read in conjunction with the Department’s Complaints Policy.
For assistance navigating the complaints process please email complaints@justice.tas.gov.au or call (03) 6165 4943.
Prior to lodging a formal complaint
It is recommended that concerns are first discussed with the manager of the relevant area as this may provide the quickest possible resolution. If the relevant manager is unknown or a complainant does not feel comfortable speaking with the manager, a formal complaint can be made.
Lodging a complaint
If a complaint about the behaviour of an employee or service provided by the Department cannot be resolved informally, a complaint form should be completed which sets out all the necessary information required to assess a complaint.
However, the Department covers a wide range of services and provides administrative support to a number of independent statutory bodies. These bodies and other areas of the Department may have separate mechanisms for complaints that can be used for specific purposes and it is important that complaints are dealt with by the relevant process.
The following list provides links to separate complaints processes –
Appendix A of these Procedures provides a more detailed list of matters and the complaints process that should be followed.
Where the Department believes a complaint should be handled by another process, complainants will be advised of the relevant complaints handling process and where possible the Department will refer the complaint to the appropriate body. If the Department refers a complaint to another organisation for handling, written notice of who the complaint has been referred to, and the reasoning for doing so will be provided.
If assistance is required to complete a complaint form, please email complaints@justice.tas.gov.au or call (03) 6165 4943.
Timeframes
The Department is committed to resolving complaints as quickly as possible and will endeavour to keep complainants informed of progress at all times.
When a complaint is lodged the complainant will receive an acknowledgment email and an initial assessment of the complaint will begin. Our aim is to complete this assessment within 20 business days. However, there may be occasions where this is not possible (e.g. complex complaints, staff members involved being away etc.). The Department will provide an update on the status of the complaint after 20 business days. Once the initial assessment stage has been finalised the complainant will be contacted and advised of the outcome, including if it is advanced to an investigation process.
If the complaint relates to alleged reportable conduct, the Department will notify the Independent Regulator within 3 business days. As soon as practicable after this notification has been made, the Department will conduct an internal investigation or refer the matter to an independent investigator. The Department may contact a complainant to provide further information on the matter and will provide a detailed report to the Independent Regulator within 30 days. The Department will provide an update on the status of the investigation and will also advise the Independent Regulator, complainant and employee of concern of the outcome of the investigation.
Reportable behaviour
There may be instances where a complaint raises allegations or issues that by law require referral of the matter to other appropriate authorities. If this occurs, complainants will, where possible, be provided with written confirmation that the relevant authorities have been notified and why.
When a complaint cannot be resolved
Whilst every effort will be made to satisfactorily resolve complaints, in some instances, the Department may not be able to meet expectations and complainants may not be satisfied with the outcome. If a complainant remains unsatisfied once all avenues with the Department have been exhausted they can contact the Tasmanian Ombudsman who may review the Department’s handling of the complaint.
Complaint handling principles
The Department is mindful that complainants may have suffered trauma and has developed principles for handling complaints. Please refer to the Complaints Policy for further information in relation to the principles.
Appendix A – Types of complaints
The following table lists different types of complaints and the relevant complaints body.
| Type of Complaint | Relevant Body |
|---|---|
Complaints about Department of Justice employee behaviour. This includes matters relating to breaches of Departmental or Government policies, the State Service Code of Conduct, or behaviour that does not align with the Department’s Values of Integrity, Respect, Accountability, Inclusive and Collaborative. | Secretary, Department of Justice via the complaints form |
Complaints about Department of Justice services or service delivery, examples may include:
| Secretary, Department of Justice the complaints form |
Complaints about Justices of the Peace not complying with the Justices of the Peace (Code of Conduct) Regulations 2019. | Secretary, Department of Justice via the complaints form |
Complaints about statutory office holders. | or |
Complaints about Magistrates (note: this does not include appeals against decisions made by a Court). | |
Complaints about Judges (note: this does not include appeals against decisions made by a Court). | Chief Justice, Supreme Court, Hobart |
Complaints alleging misconduct by public officers and senior public officers (such as the Secretary). For example, this may include allegations of exercising functions or powers dishonestly or improperly, misusing information obtained in carrying out duties, or misusing public resources. | |
Complaints alleging serious misconduct such as a crime or an offence of a serious nature. | or |
Complaints concerning discrimination such as when someone is treated less favourably or disadvantaged on the basis of any of attribute, in connection with an area of activity, covered by the Anti-Discrimination Act 1998. | |
Complaints about the conduct of Tasmanian lawyers. | |
Complaints about public authorities e.g. the administrative actions of Tasmanian Government Departments and Agencies. | |
Complaints about builders, consumer related matters, and gas and electrical safety matters. | |
Tasmania Prison Service matters that do not relate to staff behaviour. | |
Complaints regarding the conduct, process, procedure or facilities of the Tasmanian Civil and Administrative Tribunal (TASCAT). | |
Concerns about reportable conduct related to child abuse involving an employee or volunteer of their organisation. | Secretary, Department of Justice via the reportable conduct complaints form Independent Regulator of the Reportable Conduct Scheme Registrar appointed under the Registration to Work with Vulnerable People Act 2013 |
Appendix B – Complaints handling process
Informal complaints
An informal complaint may be received by the Manager of the relevant area of the Department and may involve an informal discussion and resolution. If the complainant is not satisfied with the outcome, they can make a formal complaint to the Secretary through the complaints form.
Formal complaints
Complaints are a form of feedback about the Department’s decisions, services and employees. In order to analyse the complaints we receive and identify opportunities to improve our services to the community, all formal complaints will be recorded on a centralised tracking sheet and only accessible to designated Office of the Secretary staff.
The Department will record:
- when and how the complaint was received
- the complainant’s personal details
- a description of the complaint and the business area/employee/service etc. it relates to
- the complainant’s desired outcome (if known)
- the Departmental staff member responsible for handling the complaint
- the outcome of the complaint and when the complaint was finalised
- any recommendations for improvement arising from the complaint, and who is responsible for implementing the recommendations
The centralised tracking sheet will be used to:
- monitor progress of the complaints handling process
- maintain an appropriate record of written complaints
- provide de-identified reports to Agency Executive to draw insights and trends from complaints and to act as an oversight mechanism
Initial assessment
An Office of the Secretary staff member will undertake an initial assessment of the complaint to determine if the complaint should be dealt with by this process or another complaints process.
The Departmental staff member will consider the severity of the complaint and whether it needs to be escalated to a more senior staff member for immediate management (e.g. allegations of a criminal offence).
The relevant business area’s Manager (Output Manager) will be provided with the complaint and asked to provide an initial response to the allegations. If a complaint is made against an Output Manager, it will be referred to the relevant Deputy Secretary or Secretary. The Department will attempt to finalise the initial assessment stage within 20 business days.
In some instances, complaints may require investigation under more than 1 process. For example, a complaint may require investigation under this policy but also require consideration as to whether an employee has breached the State Service Code of Conduct.
If a complaint is received that is not dealt with by this policy, where possible it will be referred to the relevant organisation for handling and this will be communicated to the complainant.
Information reviewed
Following the initial response from the relevant business area, the information will be reviewed by the Office of the Secretary to determine next steps. Depending on the severity of the complaint, and the initial response from the business area, an early resolution may take place. If the information received is inconclusive or there appears to be significant matters raised, the complaint may be referred or the investigation process may be initiated.
If the Department determines at this stage that a complaint is unsubstantiated, the complainant will be advised in writing that their complaint will not be progressed. The complainant will also be advised of any options for review or alternative complaint handling bodies.
Complaint investigation
Where further investigation is deemed appropriate, the complainant will be notified.
The Office of the Secretary will undertake an additional assessment based on the following criteria:
- severity
- health and safety implications (for the complainant, the public, or the employee/agency)
- complexity
- potential for the matter to escalate
- whether we have received other complaints about the same issue
- the need for and possibility of immediate action
- the outcomes sought by the applicant
- whether other areas of the organisation need to be involved.
The assessment process will help to determine the level of investigation required. Depending on the type of complaint and the outcome of the assessment process, a complaint may be referred for investigation to:
- the direct Manager of the employee or service involved
- the Output Manager for the relevant business area
- the Deputy Secretary, Secretary (or delegate)
- the Director of Human Resources
- an independent investigator engaged by the Department.
The investigator will gather information deemed necessary to determine if the complaint is substantiated and provide an investigation report including a determination made on the balance of probabilities about the allegations. The investigator may:
- obtain statements from employees and other relevant witnesses
- collect and review relevant documents, policies or procedures
- have discussions with the complainant, the person(s) which are subject to the complaint or other employees
- provide advice to the Department about policies, processes and procedures
- provide determinations and/or recommendations regarding allegations raised for use of the Department in resolving complaints.
Outcome
The Department will advise the complainant in writing of the outcome of their complaint and what steps were taken in determining the complaint.
The outcome may include:
- an apology
- amending or redacting documentation (e.g. publications, media statements, web pages)
- changed policies or practices to prevent a repeat of the incident or matter you have complained about
- action to modify the behaviour of the staff member who the complaint was about, if applicable (e.g. further training, mentoring etc.)
Where available, options for review of the Department’s decision will also be detailed in the response.