Complaints and Appeals
The Academy of Fitness has a fair, efficient and effective complaints policy to manage and respond to allegations involving the conduct of:
- the RTO, its trainers, assessors or other staff; or
- a student of the RTO.
The Academy of Fitness has an appeals policy to manage requests for a review of decisions, including assessment decisions, made by the Academy of Fitness.
How to lodge a complaint or appeal
Complaints or appeals must be in writing by the person making the complaint or appeal using the following link http://academyoffitness.com.au/application-for-lodging-a-complaint-or-appeal/
This complaint form is not overly complex or require a complainant to provide extension information, however does require students to include the following information to enable the Academy to identify the complainant and retrieve any relevant student records to determine the complaint:
- Full name and date of birth
- Date of enrolment (as outlined in the official enrolment letter)
- A copy of the official enrolment letter
- Summary of complaint plus any supporting evidence
- Suggested resolution to the complaint
Steps in the Complaints/Appeal Process:
1. The complainant completes the formal Complaints/Appeal Form with all supporting documentation using the following link http://academyoffitness.com.au/application-for-lodging-a-complaint-or-appeal/.
2. The submitted Complaint and supporting documentation will be assessed by Academy of Fitness and a written reply and decision, together with information on the Appeals and/or Independent Review process (if applicable), sent back to the complainant within sixty calendar days.
3. If the complainant is not satisfied with the complaint decision made by Academy of Fitness, an appeal can be made on a new Complaints and Appeals Form using the following link http://academyoffitness.com.au/application-for-lodging-a-complaint-or-appeal/. In some instances, it may be more appropriate for the complaint decision to go directly to independent review rather than a further internal appeal process (for example if it is a complaint about the conduct of the RTO and the complainant feels that an independent review may resolve the matter in a more fair, efficient and effective way).
4. The submitted Appeal will be assessed by Academy of Fitness and a written reply will be sent back to the complainant within sixty calendar days.
5. If the complainant is not satisfied with the complaint decision OR the appeal decision, upon request the Academy of Fitness will provide for review by an appropriate party, independent of the RTO. This independent party will be chosen by the Academy of Fitness from the Australian Mediation Register. The Academy of Fitness will pay for the first hour of any such review, subject to the student first participating in this Complaints and Appeals process. Any additional hours required for the review to be finalised (if any) must be paid by the student requesting the independent review, prior to the independent review being finalised. The Academy of Fitness and the student agree that the decision made in the independent review is final and binding on all parties, and any penalty applied to the Academy is limited to either the rectification or a refund of the course fees paid by the student.
6. Once complaints and appeals are finalised, they are recorded on the Academy's continuous improvement register and reviewed to determine if there is a need to change any procedures or practices of the Academy.
Complaints and Appeals Policy
Prior to submitting a complaint or appeal, complainants declare that they have the read and understood the Academy's Complaints and Appeals policy as follows:
All complainants are afforded procedural fairness that is, being a fair opportunity to present their complaint. Due to the complexity of some complaints and the available resources of the Academy, some complaints and appeals may take up to sixty calendar days to investigate and respond to, however the Academy of Fitness will endeavour to complete this in a much sooner timeframe wherever possible.
The Academy of Fitness will manage any complaint/appeal in accordance with the published Complaints and Appeals policy and procedure and determine the amount of resources to be dedicated to a complaint or appeal.
There is no assurance that complaints will be resolved to the satisfaction of the complainant though the Academy of Fitness will endeavour to resolve the complaint or appeal if the resolution falls within the Academy of Fitness policies and procedures.
The Academy reserves the right to determine at any stage of any complaint and/or appeal, that a complaint or appeal should be referred directly for review by an appropriate party, independent of the RTO. This independent party will be chosen by the Academy of Fitness from the Australian Mediation Register. The Academy of Fitness will pay for the first hour of any such review.
Complainants who engage in unreasonable behaviour in respect of making complaints will be dealt with in accordance with the Academy’s Student Code of Conduct. The Academy will not tolerate any form of physical or verbal aggression or harassment and if the complainant engages in this type of aggression the Academy may:
- Prohibit the individual from contacting the Academy, with immediate effect.
- Refer the complaint directly for review by an appropriate party, independent of the RTO.
- Contact the police.
- Seek legal redress for damages caused.
The lodgement of a complaint and/or appeal or the commencement of an independent review of the complaint does not stop the Academy from starting or proceeding with any legal action against the complainant.
The Academy of Fitness maintains records of complaints to protect the rights and interests of all parties; explain and justify the actions of the Academy and to document and explain the decision-making of the Academy. The record will include information about the complaint, including: what occurred; when it occurred; how it occurred; the parties involved; and the outcome. These records may be released to third parties including any independent review party, Academy of Fitness legal and professional advisors and any statutory authority.