Complaints are unpleasant but can happen.  If your organisation receives a complaint it must manage that complaint in a way that meets the complex and comprehensive statutory requirements of the NDIS legislation.  There are also additional steps that ought to be taken from risk management, continuous improvement, and reputation perspective.  So, what should you do when a complaint is made about your service?  This article discusses the key steps.  

How was the complaint made?

The answer to this question will largely determine the steps involved to respond to that complaint. In many cases, the complainant will make a complaint directly to your organisation via the organisation’s complaints management and resolution system. This system must have many features to comply with the NDIS legislation, including the following key requirements:

• the system must enable any person to make a complaint (including an anonymous complaint) about the supports or services your organisation provides.

• the system must provide an easy and accessible process for making and resolving complaints.

• the system must provide appropriate support and assistance is provided to any person who wishes to make a complaint.

If your organisation receives the complaint directly, that complaint should be managed in accordance with your organisation’s complaints management and resolution system. That system must have certain features prescribed by the NDIS legislation, to ensure that complaints are dealt with to a minimum standard – some of these are set out below.

Complaints might not necessarily be made to your organisation directly. It might be that the complainant refers their complaint to the NDIS Commissioner instead.  In this situation, the NDIS Commissioner will contact the complainant to seek additional information and their consent to contact your organisation about the complaint. If that consent is granted, the NDIS Commissioner will then contact your organisation directly to discuss the complaint and obtain additional information. The NDIS Commissioner will then investigate and seek to assist the parties to resolve the matter. It might also require your organisation to take additional steps beyond resolving that particular complaint – for example, to address non-compliances identified during the investigation.

How to respond to a direct complaint

Your organisation’s complaints management and resolution system must operate so complaints are managed to a minimum statutory standard. Key requirements include that the system requires:

• complaints to be acknowledged, assessed, and resolved in a fair, efficient, and timely manner;

• appropriate action to be taken in relation to issues raised in complaints;

• reasonable steps to be taken to ensure that any person who makes a complaint to your organisation, and each NDIS participant affected by the issues raised in that complaint, is advised how that complaint or issue may be raised with the NDIS Commission; and

• people to be afforded procedural fairness when complaints are being dealt with.

How to communicate

The NDIS legislation also prescribes how your organisation’s complaints management and resolution system manages communications with the complainant. Broadly, your organisation’s system must operate so that the complainant and any affected NDIS participants are appropriately involved in and kept informed about the resolution process.

Your organisation’s system must operate so that the complainant:

• is appropriately involved in your organisation’s resolution of the complaint; and

• is kept informed of the progress of the complaint, including any action taken, the reasons for any decisions made, and options for review of decisions in relation to the complaint.

Similarly, the system must also operate so any affected NDIS participant:

• is kept appropriately informed of the progress of the complaint, including any action taken, the reasons for any decisions made, and options for review of decisions; and

• is kept appropriately involved in the resolution of the complaint.

Culture and lessons learned

Becoming aware of a complaint can be unpleasant. But it is an important opportunity to rebuild trust with the complainant and NDIS participant, address any concerns they have, improve overall service delivery and customer experience, and fix any unintentional non-compliance early before they become big problems. Your organisation should regularly assess its culture and attitudes towards complaints and whether the insights gained from the feedback and complaints are used to implement positive changes as part of a continuous improvement program. A great place to start is ensuring that:

• your organisation’s complaints management and resolution system is not only fully compliant with the NDIS legislation “on paper” but is also implemented consistently and comprehensively in response to each complaint;

• all workers are appropriately trained in the system (which is a compliance requirement) and understand the important role they play in the process;

• the organisation has a positive reporting culture at all levels, and NDIS participants and their families are encouraged to provide feedback; and

• the organisation has the know-how and resources to respond to complaints quickly and comprehensively.  

Need help?

We are experts in this area of law and regularly advise clients in relation to compliance with NDIS legislation and managing complaints generally. If you need help responding to a complaint or have any questions about this topic, please do not hesitate to call us on 02 9199 4563.  

This blog post does not constitute legal advice and should not be relied upon as such. It is a general commentary on matters that may be of interest to you. Formal legal or other professional advice should be sought before acting or relying on any matter arising from this communication.