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LOCAL GOVERNMENT REGULATION 2012 - REG 306
Process for resolving administrative action complaints—Act, s 268
306 Process for resolving administrative action complaints—Act, s 268
(1) This section provides, for section 268 (4) of the Act , the process for
resolving complaints about administrative actions of a local government made
by affected persons.
(2) A local government must adopt— (a) a
complaints management process that effectively manages complaints from their
receipt to their resolution; and
(b) written policies and procedures
supporting the complaints management process.
(3) A
"complaints management process" is a process for resolving complaints about
administrative actions of a local government that— (a) covers all
administrative action complaints made to the local government; and
(b)
requires the local government to quickly and efficiently respond to complaints
in a fair and objective way; and
(c) includes the criteria considered when
assessing whether to investigate a complaint; and
(d) requires the local
government to inform an affected person of the local government’s decision
about the complaint and the reasons for the decision, unless the complaint was
made anonymously.
(4) The local government must— (a) record all
administrative action complaints; and
(b) ensure the public may inspect the
complaints management process (including the related policies and procedures)
at the local government’s public office and on its website; and
(c) ensure
internal reports are occasionally provided to senior management about the
operation of the complaints management process; and
(d) ensure mechanisms are
in place to— (i) identify, analyse and respond to complaint trends; and
(ii) monitor the effectiveness of the complaints management process (by
monitoring the time taken to resolve complaints, for example).
(5) To remove
any doubt, it is declared that, in deciding if a complaint is an
administrative action complaint, it is irrelevant— (a) how quickly the
complaint was resolved; or
(b) to which area of a local government the
complaint was made; or
(c) whether the complaint was a written or verbal
complaint; or
(d) whether or not the complaint was made anonymously.
Note—
Under section 187 a local government must include particular information
relating to the complaints management process in the local government’s
annual report.
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