COMPLAINTS AND APPEALS POLICY AND PROCEDURES
The College takes its obligation to ensure that students and staff enjoy a safe working environment seriously. Itbelieves that all people in the College community have the right to learn and teach in a supportive, caring and safe
environment without fear of intimidation or being bullied. Every individual in the College has the duty to report anincident of bullying, whether it happens to themselves or to another person.
1. Policy
This policy/procedure supports SMART English Melbourne to provide a process for complaints and appeals to beheard and actioned. All complaints and appeals received by SMART English Melbourne will be viewed as anopportunity for improvement.
SMART English Melbourne conducts the assessment of the complaint or appeal in a professional, fair andtransparent manner.
Despite all efforts of SMART English Melbourne to provide satisfactory services to its students, complaints may
occasionally arise that require formal resolution. The following procedures provide students the opportunity to have
any issues relating to a substantiated complaint or appeal resolved and resolutions reached that attempt to satisfy
all parties involved. This complaints and appeals process will be at no cost to the student (unless referred to a thirdparty; see procedure for more details).
2. Procedures
The complaints and appeals policy and procedures and applicable form are made available to all students andpotential students by directly contacting SMART English Melbourne, through SMART English Melbourne’s website,
within the student Orientation and the Student Handbook.
2.1 General Complaints
Where possible all non-formal attempts will be made to resolve the issue. This may include advice, discussions, andgeneral mediation in relation to the issue and the student’s issue. A flowchart has been made to simplify theComplaint and Appeal procedures. With the purpose to accessible to all students, this flowchart is displayed in everyclass and in the common areas.

Windsor College Pty Ltd t/a SMART English Melbourne
CRICOS Code: 03560K RTO Code: 41090

V.3.0 Last updated: 1 May 2023
Approved by CEO
PAGE 4

Windsor College Pty Ltd t/a SMART English Melbourne
CRICOS Code: 03560K RTO Code: 41090

V.3.0 Last updated: 1 May 2023
Approved by CEO
PAGE 4

●●●●

●

●
●

●

●

●

Any student, potential student, or third party may submit a formal complaint to SMART English Melbournewith the reasonable expectation that all complaints will be treated with integrity and privacy. There is nocost for the complaints process unless it is referred to a third party.
Complainants have the right to access advice and support from independent external agencies / persons at
any point of the complaint and appeals process. Use of external services will be at the complainant’s costs
unless authorised by the CEO.
Any person wishing to submit a formal complaint or appeal can do so by completing the Complaints andAppeals Form and state their case providing as many details as possible. This form can be gained bycontacting the Administration staff at SMART English Melbourne.
All formally submitted complaints or appeals are submitted to the Administration staff. Complaints are toinclude the following information:o Submission date of complainto Name of complainanto Nature of complainto Date of the event which lead to the complainto Attachments (if applicable)
Once a formal complaint is received it is to be entered into the Complaints and Appeals Register which ismonitored by the CEO regularly. The information to be contained and updated within the register includes,
among others, as follows:o Submission date of complainto Name of complainanto Description of complaint/appealo Determined Resolution
o Date of Resolution
A student may be assisted or accompanied by a support person regardless of the nature of the issue orcomplaint throughout the process at all times.
SMART English Melbourne will make a decision on the complaint within 10 working days and keep thecomplainant informed of any decisions or outcomes concluded, or processes in place to deal with thecomplaint.
Once a decision has been reached, SMART English Melbourne will be required to inform all parties involvedof any decisions or outcomes that are concluded in writing. Within the notification of the outcome of theformal complaint the students will also be notified that they have the right of appeal. To appeal a decision
SMART English Melbourne must receive, in writing, grounds of the appeal. Students are referred to theappeals procedure.
SMART English Melbourne will ensure the immediate action on any substantiated complaint. If the internalor any external complaint handling or appeal process results in a decision that supports the student, SMART
English must immediately implement any decision and/or corrective and preventative action that is required
and advise the student of the outcome.
Copies of all documentation, outcomes and further action required will be placed into the Complaints andAppeals Register by the Administration staff and on the student’s file.

2.2 Appealing a Decision – Internal Appeals
All students have the right to appeal decisions made by SMART English Melbourne where reasonable grounds can beestablished. The areas in which a student may appeal a decision made by SMART English Melbourne may include:− Assessments conducted− Deferral, suspension, or cancellation decisions made in relation to the student’s enrolment

Windsor College Pty Ltd t/a SMART English Melbourne
CRICOS Code: 03560K RTO Code: 41090

V.3.0 Last updated: 1 May 2023
Approved by CEO
PAGE 4

−●

●
●
●
●

Or any other conclusion/decision that is made after a complaint has been dealt with by SMART English
Melbourne in the first instance.
To activate the appeal process, the student must complete a Complaints and Appeals Form which will
include a summary of the grounds on which the appeal is based. If the student feels the decision is unfair
then the reason must be clearly explained. The Administration staff can help and support with this process.
SMART English Melbourne will then determine the validity of the appeal and organise a meeting with allparties involved in the matter and attempt to seek resolution where appropriate.
The process for all formally lodged appeals will begin within 10 working days of the appeal being lodged.
SMART English Melbourne will ensure that action is taken immediately on any substantiated appeal.
Where an appeal has been lodged it will be defined into one of the following categories and the appropriate
procedures will be followed:
General appeals
1. Where a student would like to appeal a decision or outcome of a formal complaint, they are required tonotify SMART English Melbourne in writing within 20 working days of the grounds of their appeal. Any
supporting documentation should also be attached to the appeal.
2. The appeal must be submitted to the Administration and the staff will ensure the details of the appeal
are added to the Complaints and Appeals Register.
3. SMART English Melbourne will seek details regarding the initial documentation of the complaint andshall make a decision based on the grounds of the appeal.
4. The student will be notified in writing of the outcome with reasons for the decisions within 10 working
days of concluding the internal review, and the Complaints and Appeals Register updated. The student
will also be provided the option of activating the external appeals process if they are not satisfied withthe outcome. The student is required to notify SMART English Melbourne if they wish to proceed withthe external appeals process.
Assessment appeals
1. Where a student wishes to appeal an assessment they are required to notify their teacher first. Where
appropriate the teacher may decide to re-assess the student to ensure a fair and equitable decision isgained. The teacher will complete a written report regarding the re-assessment outlining the reasons
why assessment was or was not granted.
2. If this is still not to the student’s satisfaction, the student can formally lodge an appeal by submitting awritten letter outlining their reasons for the appeal. They should submit it to the administration staff
and the appeal will be entered into the Complaints and Appeals Register.
3. The ELICOS Academic Manager will be notified and will seek details from the teacher involved and anyother relevant parties. A decision will be made regarding the appeal either indicating the assessment
decision stands or details of a possible re-assessment by a ‘third party’. The third party will be anotherteacher appointed by the ELICOS Academic Manager .
4. The student will be notified in writing of the outcome with reasons for the decision within 10 working
days of concluding the internal review, and the Complaints and Appeals Register updated. The student
will also be provided the option of activating the external appeals process if they are not satisfied withthe outcome. The student is required to notify SMART English Melbourne if they wish to proceed withthe external appeals process.

2.3 Further steps & information – External Appeals
International Students External Appeal

Windsor College Pty Ltd t/a SMART English Melbourne
CRICOS Code: 03560K RTO Code: 41090

V.3.0 Last updated: 1 May 2023
Approved by CEOPAGE 4

In addition to the above processes, international students enrolled with SMART English Melbourne can lodge
an external appeal with the Commonwealth Ombudsman. Contact details for the Commonwealth
Ombudsman are available from https://www.ombudsman.gov.au/complaints/international-studentcomplaints.
Commonwealth Ombudsman
Organisation:(https://www.ombudsman.gov.au/complaints/international-studentcomplaints)
Call: 1300 362 072 (within Australia)
Contact point:●●●●Where SMART English Melbourne is informed that the student has accessed external appeals processes
SMART English Melbourne will maintain a student’s enrolment until the external appeal process is finalised.
SMART English Melbourne will comply with the findings of the external appeals process
Where a decision or outcome is in favour of the student SMART English Melbourne shall follow the required
action and recommendation from The Overseas Ombudsman to satisfy the student’s grievance as soon aspracticable.
The decision of this independent mediator is final and any further action the student wishes to take isoutside SMART English Melbourne’s policies and procedures. The student will be referred to the appropriate
government agencies by SMART English Melbourne.
Further Steps
If a student is still dissatisfied with the decision of SMART English Melbourne, they may wish to seek legal
advice or place a complaint about SMART English Melbourne to ASQA directly by completing the online
complaint form: https://rms.asqa.gov.au/registration/newcomplaint.aspx (Please be aware that ASQA does
not act in a mediation capacity).
Except in exceptional circumstances, you must attach evidence to your complaint form showing:● that you have followed SMART English Melbourne’s formal complaints procedure, and● SMART English Melbourne response.
ASQA’s processes require the student to identify themselves to ASQA as a complainant, although they may
request to keep the identity confidential throughout any investigation.
Australian Skills Quality Authority - Ph: 1300 701 801 - Website: https://www.asqa.gov.au/Windsor College Pty Ltd t/a SMART English Melbourne
CRICOS Code: 03560K RTO Code: 41090

V.3.0 Last updated: 1 May 2023
Approved by CEO
PAGE 4