Register Your Complaint/Issue

REPORT AN ISSUE OR COMPLAINT

The Director – Human Resources, Risk & Regulations is the designated Complaints Officer for Council. These are recorded in a register maintained by the Complaints Officer.

Issues or complaints can be lodged:

·         In Person

(attend Council and speak with the Complaints Officer)

·         By telephone

(contact Council on 4056 9120 and speak with the Complaints Officer)

·         By email

(to complaints@yarrabah.qld.gov.au )

·         By Mail

(addressed as “CONFIDENTIAL” to the Complaints Officer at Yarrabah Aboriginal Shire Council, 56 Sawmill Road, Yarrabah Qld 4871)

Council requires the Complaint Form to be used for lodging your complaint.

All issues or complaints will undergo an assessment process. Depending on the type and severity of the matter, it may be subject to referral to an independent agency for independent assessment or examination. Likely responses may include ‘show cause’ or ‘disciplinary action’ (including but not limited to letters of warning, termination of employment etc.). In the event of a serious issue arising, matters will be referred to the appropriate authority for possible prosecution (E.g. Police, Crime & Corruption Commission (CCC) and Office of the Independent Assessor (OIA).

You will be advised how your matter has been dealt with and the reasons why.

Please Note: It is an offence to make a complaint that is vexatious or knowingly false.

TYPES OF ISSUES OR COMPLAINTS

COUNCIL SERVICE ISSUES

If you have an issue with a Council service (E.g. rubbish collection / roads etc.) in the first instance, please contact the Council service area directly. If your matter has not been dealt with in a timely manner, please notify the Complaints Officer. In most instances, this will be referred to the relevant Director / Manager to have the issue resolved. 

EMPLOYEE CONDUCT OR BEHAVIOUR

The conduct and behaviour of all Council employees is governed by our Code of Conduct, policies and other legislative requirements. In some instances this conduct and behaviour also relates to employee actions whilst not at work.

Depending on the seriousness of your allegation, this matter may be investigated by Council or referred to an external agency. The Complaints Officer will advise you how your matter is to be dealt with.

COUNCILLOR CONDUCT OR BEHAVIOUR

It is a legislative requirement that any complaints received by Council in relation to the conduct of elected members (Mayor & Councillors) are referred to the Independent Assessor.

Misconduct is also handled by the Independent Assessor, with the complaint heard by the Councillor Conduct Tribunal. It is misconduct when a councillor is dishonest or biased in the exercise of their powers.

Corrupt conduct is handled by the Crime and Corruption Commission.

More information can be obtained from the website of the Office of the Independent Assessor and the Crime and Corruption Commission Queensland.

ADMINISTRATIVE ACTION COMPLAINT

Administrative action complaint is a complaint that:

  1. Is about an administrative action of a local government, including the following:

i.      a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision

ii.     an act, or a failure to do an act;

iii.     the formulation of a proposal or intention;

iv.     the making of a recommendation; and;

2.    Is made by an affected person.

Administrative Action Complaint Process

The complaints process has been instituted to ensure that, to the greatest practical extent, any complaint is dealt with fairly, promptly, professionally, in confidence (subject to any legal requirements) and in a manner respectful to the complainant.

The complaints management process does not apply to a complaint:

  • disagreeing with a lawful decision of an employee or Council;
  • that could be made under Chapter 3 of the Act about competitive neutrality issues;
  • about official misconduct that should be directed to the Crime and Misconduct Commission;
  • about misconduct that should be directed to the Office of the Independent Assessor
  • made under the Public Interest Disclosure Act 2010;
  • about a staff or Councillor’s conduct matter.  Complaints about Councillor’s conduct will be dealt with under the relevant Act provisions;
  • about a development decision made under the Sustainable Planning Act 2009 or other statutory instruments and legislation;
  • about a court decision.

How complaints are managed

Council will acknowledge receipt of the complaint. The complainant will be informed of the progress and outcome of the complaint in the same medium by which the complaint was initially made, e.g. a verbal response may be given to a complaint that was made verbally.

In general terms, the Council will endeavour to meet to the following timeframes for dealing with a complaint:

  • for urgent matters – within fourteen (14) days;
  • for non-urgent complaints that are not considered to be complex or where the complaint is to be investigated under the internal review mechanism – within thirty (30) days; or
  • for complex complaints or where the complaint is to be investigated under the external review mechanism – within sixty (60) days.

Review

The complaints process has been instituted to ensure that, to the greatest practical extent, any complaint is dealt with fairly, promptly, professionally, in confidence (subject to any legal requirements) and in a manner respectful to the complainant.

If a complainant is dissatisfied with the outcome, the matter can be referred for external review to the Queensland Ombudsman.

PUBLIC INTEREST DISCLOSURES

The Public Interest Disclosure Act 2010  (the PID Act) replaced the Whistle Blowers Act 1994. The PID Act aims to ensure that government is open and accountable by providing protection for those who speak out about wrongdoing or in other words, make a public interest disclosure (PID).

What is Public Interest Disclosure?

A Public Interest Disclosure (PID) is a report of suspected wrongdoing or danger. For an allegation, to be considered a PID and attract the protections under the Public Interest Disclosures Act 2010, it must be:

·         Public interest information about substantial and specific wrongdoing or danger.

·         An appropriate disclosure.

·         Made to the proper authority.

What can a PID be about?

Any person, including public sector officers, may disclose information about:

·         A substantial and specific danger to the health or safety of a person with a disability

·         A substantial and specific danger to the environment (as set out in the PID Act)

·         Reprisal action following a PID. 

A public sector officer may also disclose information about:

·         Corrupt conduct by another person

·         Maladministration that adversely affects someone’s interest in a substantial and specific way

·         A substantial misuse of public resources

·         A substantial and specific danger to public health or safety

·         A substantial and specific danger to the environment.

What is a reprisal?

Reprisal occurs if a person causes or attempts to cause detriment to you because they believe you:

·         Have made, or intend to make a PID; or

·         Have participated in, or intend to participate in procedures under the PID Act.

More information in relation to PIDs and how Council deals with these disclosures can be obtained from Council’s Public interest Disclosure Policy and Public Interest Disclosure Procedures or Queensland Ombudsman website.

Or you can fill in one of the feedback forms below:

Totems and cultural images from our myths and legends

Acknowledgement of Country

The Yarrabah Aboriginal Shire Council (YASC) wishes to acknowledge the traditional owners of the land within the shire boundaries – the Gunggandji and Yidinji peoples; and the area agreements developed through previous negotiations that provide clear opportunities and processes for traditional owners to be formally involved in the land planning process.

The Yarrabah Aboriginal Shire Council also wishes to acknowledge the historical people brought here to Yarrabah from various locations by government policies of the past.

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