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Information for Complainants

Complaints not covered by the CMS

The Complaints Management Procedure does not apply to matters where there are existing rights of review or appeal. These matters are to be managed in accordance with established procedures and/or processes (eg the outcome of a breach hearing or a security classification/transfer decision).

This procedure also does not apply to the following types of complaints:

complaints made about the conduct of staff that would constitute misconduct or suspected official misconduct. These types of complaints will continue to be managed in accordance with procedure - Misconduct Investigation
complaints about the conduct or performance of staff that would otherwise be dealt with as an issue relating to Performance Management, Grievance Resolution or Disciplinary Action. These matters are also to be managed according to relevant procedures already in place within QCS and/or contract managed facility

How complaints are handled - a three step process

Step 1 - Written complaint received

Once a written complaint is received, QCS will assess it as being negligible, minor or major. An acknowledgement letter will be forwarded to you. Complaints assessed as negligible or minor will be determined within 30 days of receipt (where practicable). Complaints assessed as major will be determined within 60 days of receipt (where practicable).

In cases where the complaint can be resolved expediently and within a maximum of five (5) working days of receiving the complaint, an acknowledgement letter need not be sent. In such circumstances, the acknowledgement and outcome advice may be combined into one letter.

Step 2 - Complaint investigation

QCS will endeavour to resolve the complaint. If it becomes apparent that the complaint cannot be resolved within the usual timeframes, you will be advised in writing of the revised timeframe.

Step 3 - Complaint resolution

You will be advised, in writing, of the final outcome of your complaint including a rationale for the decision reached.

If you are not satisfied with your complaint outcome, you can seek a review (in most cases). If you are not satisfied with your review outcome, you can submit your complaint to an external agency, for example, the Ombudsman, Anti-Discrimination Commission or Official Visitor.

A decision may be made to not investigate your complaint if one or more of the following circumstances apply:

Your complaint is outside QCS's jurisdiction
Your complaint is not in writing
Your complaint is not made within 12 months of the events in question
Your complaint is considered to be vexatious/frivolous (see information below)
There is an existing right of appeal or review
Insufficient details are provided in an anonymous complaint
It would amount to an unjustifiable use of resources, given the nature of the issue(s) raised
Your complaint lacks substance or credibility
Your complaint supports a reasonable suspicion of misconduct or official misconduct.

What if I'm not satisfied with the outcome of my complaint?

If you are not satisfied with the outcome of your complaint you may request, in writing, that your complaint outcome be reviewed. This request must be submitted to QCS within 28 days from the date of your complaint outcome advice. Your request for review will be completed within 21 days of receipt (where practicable). Where the 21 day timeframe cannot be met, you will be advised in writing of the revised timeframe. You will be advised in writing of the outcome of your review.

In certain circumstances, you will have no right of internal review. This will normally apply in cases of negligible or minor complaints that have been determined by a General Manager, Regional Manager or Director.

If your initial complaint was determined by an assigned officer of a General Manager, Regional Manager or Director, your request for review must be forwarded to the General Manager or Regional Director.

If your complaint was assessed as "major" and determined by the General Manager, Regional Manager or Director your request for review is to be submitted to the relevant Executive Director (eg Executive Director Custodial Operations or Executive Director Probation and Parole).

What if I'm not satisfied with my review outcome?

If you are unsatisfied with your review outcome, you can submit your complaint to an appropriate external agency. For example, the Ombudsman, Anti-Discrimination Commission or Official Visitor.

Vexatious complaints

If a complaint is considered to be vexatious, QCS or the engaged service provider may elect not to pursue the matter any further.

A vexatious complaint is a frivolous complaint that:

Is an abuse of the complaint process, or
Is not made in good faith, or
Attempts to reopen an issue that has been determined by raising the same issue again or similar issue or issues.

If your complaint is considered to be vexatious, you will be notified in writing outlining the reasons behind this decision.

This does not remove your right to submit your complaint to an external party.

Safeguards against retribution

Complaints are treated confidentially and you will not suffer any reprisal from either QCS or an engaged service provider for making a complaint.

Anonymous complaints

Anonymous complaints will be accepted, however, in circumstances where an anonymous complaint is received, QCS may find it difficult to thoroughly investigate or respond to the complaint without sufficient detail or the ability to maintain effective liaison. Should this be the case, there is a strong chance the complaint will not be investigated.

Withdrawing a complaint

You may withdraw your complaint at any time, preferably in writing. Investigation of the complaint may still proceed if the complaint concerns a significant or serious issue, including an issue of a systemic nature, and QCS believes that an investigation is still warranted.

What you can do to help

To help QCS provide you with a response to your complaint, there are a few things you can do to assist us:

Provide QCS with as much detail and relevant information as possible to help us understand your complaint
Tell us clearly what outcome you are seeking
Keep us updated on any new developments on your complaint as this will assist us to assess and investigate your complaint.

Queensland Corrective Services is committed to:

Respect for all people
Cooperation and understanding
Timely and courteous attention
Confidentiality and independence
Fairness
Providing clear reasons for our decision
Providing regular information

Last Updated: 20 February 2007