Complaints about supports and services you provide

Complaints management and resolution

Your complaints management and resolution practices or system should:

• include the processes and procedures you use to handle complaints, which describe what happens for the person with disability, the person who’s made the complaint (if that’s a different person) and any worker that is the subject of the complaint
• be suitable for the size of your organisation and the complexity of the supports and services you provide
• support people with disability to make a complaint, and make sure they feel safe when they do.

Prepare to receive complaints

Providers need to create a safe and welcoming space where people with disability can freely share their thoughts and worries without fear – making threats or trying to stop someone from complaining, whether directly or indirectly, is against the law and can result in penalties.

Effective complaints management practices will include transparent, documented processes for: 

• submitting complaints, which includes:
  • the ability to submit complaints anonymously
  • platforms, technology or languages that are accessible to NDIS participants and staff
• managing and resolving complaints, which includes:
  • ensuring the person who made the complaint and the affected person with disability are involved in the resolution and updated on any decisions made or actions taken
  • specific processes for complaints about your CEO (when applicable)
• referring complaints when appropriate, for example referring a complaint to law enforcement agencies if there’s a possibility that a criminal offence has been committed
• recording complaints – record keeping requirements are explained in the ‘Documenting the complaints management and resolution system’ section of the Effective Complaint Handling Guidelines for NDIS Providers.

Providers should also deliver:

• training and information for staff in how to follow your complaints processes
• communication to NDIS participants so they know how to make a complaint to you or the NDIS Commission. 

When you receive a complaint

Feedback and complaints are valuable tools for all providers to understand how to improve the quality of your services and build or strengthen relationships with participants.

Two important factors when handling a complaint are: 

• how you respond to the complaint – making sure the participant feels informed, safe and involved
• how the complaint is resolved – quickly and fairly.

More information is available in the ‘Effective complaint handling’ section of the Effective Complaint Handling Guidelines for NDIS Providers.

Support the person with disability

The NDIS Code of Conduct requires you to resolve complaints while respecting a person with disability’s right to freedom of expression, self-determination, and decision-making. 

See the ‘Supporting people with disability at the centre of complaints management’ section of the Effective Complaint Handling Guidelines for NDIS Providers.

Resolve the complaint using the Four A’s for successful resolution

This is a useful approach to resolving complaints that recognises that most people who make a complaint are hoping for one or more of these outcomes:

• acknowledgment
• answers
• action
• apology.

For more information about the Four A’s, see Everything you wanted to know about complaints… by the Victorian Disability Services Commissioner.

Part of resolving complaints may be referring the complaint to other organisations. Your complaints management practices should include referring complaints when appropriate, for example referring a complaint to law enforcement agencies if it’s possible a criminal offence has been committed.

Procedural fairness

Your complaints management processes and actions need to provide procedural fairness, which means:

• the person making the complaint must:
  • have a reasonable opportunity to present their complaint
  • have their complaint understood
  • not have their complaint dismissed due to details that aren’t raised with the provider or aren’t known to the provider.
• workers who are the subject of complaints must:
  • be given notice of any adverse action being taken against them
  • be given the opportunity to speak about or respond to those adverse actions, and put forward information and submissions that help their case
• decisions about adverse actions against workers should be based on the facts and issues raised in that process, and this should be reflected in the record of the decisions
• decisions about adverse actions should be impartial and unbiased.

Details of procedural fairness and an illustrative summary are available in the National Disability Insurance Scheme (Procedural Fairness) Guidelines 2018.

After a complaint has been dealt with

This is the opportunity to analyse the complaint and understand how it might help you improve your services. Consider:

• What was the complaint about? What service, policy or procedure did it call into question?
• What was the experience for the person who made the complaint, or for any affected participant? Were the issues resolved for them?
• What information did the complaint provide that will allow you to identify and improve those services, policies and procedures and your organisation as a whole?
• How effectively did you communicate with the person who made the complaint, any affected participants, affected staff and other stakeholders?
• Does the person who made the complaint feel more comfortable about speaking up in the future?
• Did the handling of the complaint reflect your stated values and expectations for complaint handling? Or, was the complaint perceived as something negative that needed to be gotten rid of as soon as possible?

Requirements for registered providers: Complaint management and resolution systems

A complaint management and resolution system is a dedicated set of processes and procedures used to identify, assess, record, manage and resolve complaints. It formally documents your organisation’s complaint management and resolution practices.

You need to regularly review your complaint management and resolution system, the processes, procedures and policies within it, and the complaints you have managed. This review process helps you to understand:

• systematic issues
• changes required to your complaints management practices or your approach to dealing with complaints
• information that participants, families, carers and friends need about the complaints process and their rights
• further training requirements for your staff. 

Your requirements for a complaint management and resolution system are described in the NDIS Practice Standards Core Module: Provider governance and operational management – Feedback and complaints management.
 

Guidelines on effective complaints handling

The NDIS Commission has guidelines on effective complaint handling for all providers. This includes specific requirements for registered NDIS providers under the National Disability Insurance Scheme Act 2013 (the Act) and National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 (the Rules).

Related information

• Complain about a provider or worker
• The complaints process
• About registration