Process for making a formal complaint

Step

Action

1.

The complainant completes the Complaints Form or submits a signed letter of complaint to CPS.

Note: The Complaints Form can be completed by the:

• complainant themselves
• by a member of staff on behalf of the complainant, with the complainant to sign
• by a member of staff, based on other submissions made by the complainant (e.g. phone call). (Note: If a CPS staff member is completing the Complaints Form based on a conversation with the complainant, then the complainant's signature is required on the form.)

Note: If the complainant is not prepared to have the complaint recorded in writing, and/or is not prepared to give their name and address, it will not be accepted as a formal complaint. However, the matter should still be referred to the Area Manager for consideration as to whether further investigation is warranted. The complainant is not required to disclose the nature of the complaint if they believe it will be forwarded to the person who is a subject of the complaint.

2.

Within 24 hours, the person receiving the complaint must forward it to the Area Manager (fax copy and then post original).

3.

On receipt of the complaint the Area Manager:

• enters the details on the Offender Complaints Register (this is to be established and maintained at the Area Office)
• copies the complaint to the relevant Service Manager (providing they are not the subject of the complaint), and
• sends a standard letter to any staff members named in the complaint. (The purpose of the standard letter is to advise the staff member that a complaint has been received and a fact-finding process is to occur.)

4.

Within three (3) working days, the Area Manager must send an acknowledgement letter to the complainant including:

• the date complaint was received
• a brief outline of the nature of the complaint
• an offer for complainant to be interviewed by the Area Manager or allocated investigating officer within ten (10) working days of the date that the complaint was received. The complainant must be informed of their right to nominate a support person, other than their legal counsel, to attend the interview.
• information about how the complaint will be investigated (if known) or a timeframe for advising this.

5.

The Area Manager must determine:

• how the complaint will be initially investigated (fact finding process), and
• by whom.

The Area Manager may appoint an investigating officer to undertake the fact-finding process. In appointing an investigating officer, conflicts of interest must be avoided. In particular, the complaint should not be dealt with by the person who is the subject of the complaint.

The purpose of the initial fact-finding process is to establish whether there are issues identified in the complaint that require further investigation. This process must be completed as soon as possible but in more complex cases may take a maximum of six (6) weeks from the date of receiving the original complaint.

The fact-finding process may involve one or more of the following:

• Review of case notes and other records held by the Department of Corrections
• Review of all evidence provided by the complainant
• Interviews with any and all interested/relevant parties
• Review of departmental policies and procedures.

6.

At the conclusion of the fact-finding process, the Area Manager is to consult with the Regional Manager on what, if any, further action is required.

This could include:

• taking no further action, or referring the matter back to the Service Centre for local action
• undertaking an employment investigation (Note, formal employment investigation processes must be followed)
• undertaking an operational or procedural investigation
• referring the complaint to the General Manager for further action.

7.

The complainant must be kept up-to-date of progress in investigating the complaint.

For investigations of more than one month, updates must be given on a monthly basis.

8.

Once the complaint has been investigated, and a conclusion or decision made, the Area Manager must write to the complainant and advise them of the outcome.

This may include, but is not limited to, any or all of the following:

• The Area Manager's decision in relation to the specific complaint

• Any other action which will be undertaken (e.g. employment investigation, review of policy or procedure etc)

• Apology, if one is warranted

• Further action the complainant can take if they are not satisfied with the outcome. (This may include, but is not limited to, advising the complainant of their right to contact the Inspector of Corrections or the Ombudsman.)