1.1  The purpose of this protocol is to provide guidance on:

 (a)  how complaints are to be made to the Administrative Review Tribunal (Tribunal);

 (b)  the information that should be provided when making a complaint; and

 (c)  the manner in which a complaint will be dealt with.

1.2  The protocol applies to complaints about:

 (a)  the quality of the Tribunal’s services;

 (b)  the Tribunal’s processes and procedures;

 (c)  timeliness and delays;

 (d)  privacy breaches;

 (e)  the conduct of a Tribunal member;

 (f)  the conduct of the Tribunal’s staff; and

 (g)  other general matters other than those listed in paragraphs ‎1.2(a) to ‎1.2(f).

1.3  The protocol does not apply to complaints:

 (a)  about decisions made by members of the Tribunal – if a person is dissatisfied with a decision of the Tribunal, it may be open for them to:

  (i)  apply to a court;

  (ii)  apply to the Guidance and Appeals Panel; or

  (iii)  for certain reviews - apply for a second review.

 (b)  about other parties to a review, representatives of parties, and other organisations or government agencies – the Tribunal can only investigate complaints about the Tribunal and its members and staff; or

 (c)  disclosures made under the Public Interest Disclosure Act 2013 (Cth) – these will be handled in accordance with that Act.

2.1  Concerns can be raised with Tribunal staff at any time and it may be possible for issues to be resolved quickly without the need for a complaint to be made.

2.2  If a staff member is unable to resolve an issue, the dissatisfied person can ask to speak to a supervisor or manager. 

2.3  If the issue is still not resolved, a person may make a complaint in accordance with the process set out in part ‎3, below. 

3.1  Any person who wishes to make a complaint should preferably make it in writing by selecting the complaint option in the Tribunal’s online contact form or sending an email to:

 (a)  complaints@art.gov.au addressed to the complaints officer, unless ‎(b) below applies; or

 (b)  membercomplaints@art.gov.au addressed to the General Counsel if the complaint is about the conduct of a Tribunal member.

3.2  Some complaints against Tribunal members may involve consideration and application of particular provisions of the Administrative Review Tribunal Act 2024, and may need to be dealt with differently from the procedures set out in this protocol. The General Counsel will review complaints against Tribunal Members sent to the email address membercomplaints@art.gov.au and advise the complainant of the procedure to be followed for the particular complaint if they are different from the procedures set out in this protocol.

3.3  To enable the Tribunal to better protect a complainant’s privacy, the Tribunal prefers that all complaints be made in writing in accordance with paragraph ‎3.1, above.

3.4  A complaint may be anonymous. However, anonymous complaints will not enable the Tribunal to communicate with the complainant to obtain further information from them (if required) or inform them of the outcome of the complaint.

3.5  In order to assist proper consideration of a complaint, it should:

 (a)  provide the following details:

  (i)  having regard to the categories listed in paragraph ‎1.2 above, the subject matter of the complaint;

  (ii)  (except where the complaint is anonymous) the complainant’s name and the nature of their interaction with the Tribunal;

  (iii)  the date (or dates) on which the subject matter of the complaint occurred and the place (or places) at which it occurred; 

  (iv)  (where relevant) the name of any Tribunal staff member about whom the complaint is made and the registry in which they work;

  (v)  (where relevant) the name of any Tribunal member about whom the complaint is made;

  (vi)  (where relevant) the names of any witnesses to the conduct the subject of the complaint;

  (vii)  details of any attempts that were made to resolve the issue by way of the processes outlined in part ‎2, above

  (viii)  the outcome sought; and

 (b)  be accompanied by any evidence that is relied upon in support of the complaint.

4.1  Complaints will be assessed and, where necessary, investigated fairly, impartially and in accordance with the principles of natural justice. 

4.2  If a complaint is about a matter that is not covered by this protocol, the Tribunal will notify the complainant that the Tribunal will not be investigating it as a complaint. If possible, the Tribunal will provide the complainant with information about any other avenues for dealing with the matter.

4.3  Complaints are handled confidentially and in accordance with the Privacy Act 1988 (Cth). The information provided by a complainant in making their complaint will be used for the purpose of investigating and providing a response.

4.4  Complainants will be kept informed about the progress of their complaint.

5.1  Where a complaint has been referred to a complaints officer for investigation, the complaints officer will acknowledge receipt within 5 working days.

5.2  The investigation of a complaint is generally completed, and a response given within: 

 (a)  20 working days of receipt for general complaints; or 

 (b)  30 calendar days of receipt if the complaint is about privacy. 

5.3  Some complaints may take longer to investigate. Complainants will be notified if more time is required to investigate their complaint. 

6.1  The outcome of a complaint will be communicated to the complainant unless it was made anonymously.

6.2  Where a complaint relates to the conduct of a Tribunal member or Tribunal staff and that complaint is investigated, the outcome of the complaint will be notified to them also.

6.3  In responding to a complaint, the Tribunal may: 

 (a)  provide information about processes and procedures;

 (b)  provide an explanation of the steps taken to investigate the complaint, and any findings or conclusions that were reached;

 (c)  provide an apology, if appropriate;

 (d)  review and amend the Tribunal’s procedures, if appropriate; and/or

 (e)  provide information about any other organisation(s) that may be able to assist the complainant.

6.4  In providing a response to a complaint, the Tribunal is not able to:

 (a)  provide further reasons for, or an explanation of, a Tribunal member’s decision;

 (b)  comment on the merits of any application;

 (c)  change a decision, direction or order made by the Tribunal;

 (d)  provide legal advice;

 (e)  comment on government policy; or

 (f)  provide information about Tribunal members or staff. 

7.1  When interacting with the Tribunal, complainants are expected to: 

 (a)  treat Tribunal staff with courtesy and respect; 

 (b)  provide all relevant information, including any additional information that is requested by the Tribunal; and

 (c)  cooperate with the staff member(s) handling the complaint. 

7.2  Unreasonable complainant conduct can impact the Tribunal’s ability to investigate and resolve complaints.

7.3  Unreasonable complainant conduct may include: 

 (a)  offensive or abusive behaviour; 

 (b)  unreasonable or inappropriate demands; 

 (c)  excessive or persistent repetition of an issue, including repeated lodgement of complaints that have previously been dealt with; 

 (d)  excessively or persistently contacting Tribunal staff during the investigation of a complaint or following receipt of a response to a complaint; and

 (e)  unreasonable lack of cooperation during the investigation of a complaint. 

7.4  If a complainant’s conduct is unreasonable, the Tribunal may:

 (a)  restrict contact with the complainant to certain channels (for example, by email where a complainant is making excessive or abusive telephone calls);

 (b)  not respond to every contact where the person handling a complaint considers the number of telephone calls or emails to be excessive;

 (c)  not respond to correspondence that contains abuse, inflammatory statements or material intended to intimidate; and

 (d)  cease responding to correspondence about the subject of a complaint once the complaint has been finalised, the complainant has been notified of the outcome, and any queries have been addressed.

8.1  If a complainant is not satisfied with the handling of a complaint by the Tribunal, they can make a complaint to:

 (a)  the Commonwealth Ombudsman. Please note that the Commonwealth Ombudsman cannot investigate the conduct of Tribunal members or review Tribunal decisions, directions or orders; or

 (b)  where the complaint relates to privacy – the Office of the Australian Information Commissioner.