Concerns and complaints procedure.

To be used in conjunction with our Child Protection Policy and Staff and Educator Grievance Policy

The safety, rights and best interests of children are our paramount consideration in all decisions and actions.

Aim:

- To encourage positive relationships with families based on a mutual trust and open communication.

- To provide opportunities for families to discuss any concerns or comments they may experience whilst at the Centre regarding care received by a child, the actions of a staff member, the management of the childcare centre or the regulations that need to be adhered to by the centre.

- To ensure that the centre is fulfilling its requirements for reporting complaints as stated in the Education and Care Services National Regulations.

- To make sure that we manage complaints and concerns effectively, and that our complaints handling processes are clear and understood by children, families, communities and staff

- This policy is a requirement under the Education and Care Services National Regulations. The Approved Provider must ensure that policies and procedures are in place for dealing with complaints and take reasonable steps to ensure those policies and procedures are followed. Our complaint handling system must be child focused and address the management of a complaint that alleges a child is exhibiting harmful sexual behaviours (s 168(o))

- This policy complies with the NSW Child Safe Standards, which require us to have a child-focussed complaint handling system in place

All staff, educators, and management are expected to act in the best interests of children at all times, ensuring that no organisational, financial, personal, or reputational considerations override a child’s right to be safe and protected

Child-focused complaint system

A child-focused complaints culture

• A positive complaints culture is at the core of our child-focused complaint handling system

• We put children’s safety, needs and interests at the forefront. We are committed to:

• Helping children understand their rights and to speak up when something is not right. Educators support children to raise any concerns or complaints. Educators are trained to respond to children verbally and non-verbally communicating that something is wrong

• Keeping children safe. Anyone raising a concern or making a complaint, including those related to a child’s safety and well-being, will feel safe and supported by us. We will always act on harm or risk of harm to a child

• Letting everyone know that complaints are welcome and will be taken seriously

• Responding to complaints sensitively, impartially, professionally, transparently, promptly and thoroughly

An effective, accessible and culturally safe complaint system

• Our process for managing complaints is easy to understand, accessible and culturally safe

• Our Complaint Handling Procedure can be used by children, families, community members, visitors and staff if they want to raise a concern or make a complaint. It explains how to make the complaint, who to make it to, and how it will be dealt with. It gives staff clear steps to follow to manage any complaints they receive

• We clearly display the name and contact details of the person to whom complaints should be made in the foyer/entrance to the centre

• Parents are told how they can make a complaint or raise a concern during their child’s enrolment and orientation

• Our complaint handling system is explained to staff at induction and in their ongoing program of professional development

• We have clearly defined roles and responsibilities for staff, so they know what they need to do if someone has a concern or a complaint

• Our staff are trained to respond to concerns and complaints in a culturally sensitive way. That means that, when they are dealing with complaints, they are expected to:

• treat everyone, regardless of culture, with respect

• be open-minded and flexible in their attitudes to different cultural practices

• understand that their own cultural values or practices are not the only way to solve a problem

• encourage and support everyone at the service to express and enjoy their cultural rights

Reporting complaints and concerns

• We take complaints and concerns about child safety and wellbeing seriously

• For concerns about harm or risk of harm to a child (either by adults or by other children), or allegations that a child is exhibiting harmful sexual behaviour, staff follow our Child Protection Policy

• Depending on the complaint, we may need to:

• Make a report to the child protection authorities and/or police

• Make a referral to family services or exchange of information with certain professionals/organisations

• Notify the regulatory authority

• Make a report under a reportable conduct scheme

• The approved provider must, by law, notify the regulatory authority in writing:

• Within 24 hours of any complaints alleging that a serious incident has occurred or is occurring while a child was or is at the service

• Within 24 hours of any complaints that the National Law has been breached

• Within 24 hours of any allegation that physical or sexual abuse of a child has occurred or is occurring while the child is at the service

Using complaints to support continuous improvement

• We see complaints and concerns as a valuable source of information. They can highlight issues for our service, and we use them as a trigger for us to critically reflect on our infrastructure and operations (systems, documents, communication, practices, activities, policies, procedures)

• We keep accurate and full records of complaints and actions taken in response

• We review our complaints and reporting procedures regularly

• We analyse the root cause of complaints with the view to fixing any flaws or shortcomings in our infrastructure, documents or operations

• We track complaints to identify recurring issues within the service

• Where appropriate, we request feedback on the complaint process

PRINCIPLES

• We are committed to the safety and wellbeing of children, and to implementing the NSW Child Safe Standards and the National Quality Framework across all levels of our service

• The safety, rights and best interests of children are our paramount consideration in all decisions and actions.

• We are committed to implementing the EYLF

• We comply with all relevant legislation, regulations and standards at all times

• We have a child focused culture that enables and empowers children, families, community members, staff, and volunteers to raise any concerns or complaints

• Anyone raising a concern or complaint, including those related to a child’s safety and well-being, will feel safe and supported by us

• We listen to children and take their concerns seriously. Our complaint system prioritises the safety of children

• Every reasonable precaution is taken to protect children from harm and hazards in our physical and online environments

• We always act on harm and risk of harm to a child

• Staff are given the training, resources and support to act on child safety and wellbeing concerns and complaints

Procedure:

If there are any concerns it should be directed immediately to the Nominated Supervisor / Centre Director or the responsible person in charge. If the Director is not present at the time when the parent expresses a concern or a comment, the responsible person in charge should take brief details of the concern and advise the parent to fill in a concern or comment form and arrange for the Centre Director to contact the parent as soon as possible and arrange a meeting to resolve these concerns - When a verbal complaint is made and the parent does not fill out a comment/concern form, the Director will record the concerns on a verbal concern/comment form.

The Director will ensure that the Procedure for Dealing with Concerns and Complaints and the Concern/Comment forms are readily available to families.

Where a complaint or concern is about child safety, child protection and wellbeing, staff and families should refer to the centres Child Protection and Child Safe policies and follow the procedures for making reports.

Follow up:

• Concern/comment given directly to service from a family:

Once the concern/comment has been received the concern/comment is assessed. If the concern does not relate to the safety, health, or wellbeing of a child or of a breach of the regulation, the issue will be discussed and dealt with by the Director and a resolution found. If the concern/comment is alleging that the safety, health or wellbeing of a child or children was or is being compromised while they are being cared for by the service or that there has been a breach of the regulation the approved provider must notify the Regulatory Authority within 24 hours. The family will be invited in to discuss the matter in a round table setting. Issues are discussed and suggestions made to resolve the issues. If this occurs and a positive outcome is achieved the issue is tabled on the staff meeting agenda and a meeting is planned for within a week of this discussion.

If a positive outcome cannot be achieved with the Director and/or staff the General Manager and/or Approved Provider may attend a meeting with the staff and family. If the family or carers are unwilling to participate in trying to resolve the issues, the child's position at the centre will be put at risk.

• Concern/comment given directly to the NSW Early Learning Commission from a family:

The service will be notified by the NSW Early Learning Commission once a concern/comment has been received and a visit from an officer will occur. The service will be notified verbally by the officer of the complaint and an inspection of the service will occur. Once the visit has been conducted the service will receive a report and will be required to provide a submission of how the service will address any areas of noncompliance.

The NSW Early Learning Commission Adviser will notify if any concerns extend beyond a minor matter and all aspects of the concern will be openly discussed at the following staff meeting to prevent further such occasions arising.

If parents are not satisfied with the proposed resolution they can contact the NSW Early Learning Commission and raise their concerns in regard to the regulations with them.

Roles and responsibilities

All staff, volunteers, students and families must understand our Grievance Policy and their role and responsibilities in keeping children safe and cared for.

7. ROLES AND RESPONSIBILITIES

NSW Early Learning Commission

Address: Locked Bag 5107, Parramatta NSW 2124

Email: information@earlylearningcommission.nsw.gov.au

Website: NSW Early Learning Commission

education.nsw.gov.au/early-childhood-education/regulation-and-compliance

Phone: 1800 619 113

Fax: (02) 8633 1810

Child Protection HELPLINE: 132 111

Sources: Education and Care Services National Regulations

National Quality Standard

Centre Support

Revised: April 2026

*This procedure is the property of Eikoh Seminar Australia Pty Limited and must not be reproduced without the consent of management.

Complaint Handling Procedure

1. INTRODUCTION

• This procedure applies to our Complaint Handling Policy

• It is our child safe procedure for managing complaints and concerns from children, families, the community and staff. It describes the steps we will take to manage any complaint or concern we receive

• We are committed to ensuring complaints are dealt with in a timely, transparent, professional, confidential, thorough and impartial manner, and that affected parties are advised of the outcome and their rights of appeal. We are also committed to ensuring our process is child-focussed and accessible

Making a complaint

1. Who can make a complaint

Anyone can raise a concern or lodge a complaint. We encourage children, families, community members and staff to raise any concerns or complaints they have. Anonymous complaints can be made but our ability to investigate them may be hampered as a result.

Complaints and concerns can be made in any way that feels comfortable - for example, over the telephone, by email or in person. We will facilitate different ways of making complaints for people who have diverse backgrounds or needs for support. This means you can ask anyone at our service for help to make a complaint.

2. Who to make the complaint to

• Minor complaints that can be easily solved can be raised directly with the person concerned. Both parties can try to resolve the issue and develop solutions to ensure the problem does not happen again. Discussions should remain private, confidential, respectful and open-minded. They should not involve other staff or visitors (e.g., parents) and should take place away from children

• Complaints that can’t be resolved directly with the person concerned (for whatever reason) can be raised directly (or indirectly through another member of staff) with a more senior staff member, the nominated supervisor or the approved provider

• Complaints that relate to the harm or risk of harm to a child, or criminal or unlawful activity, should be reported to Child Protection Helpline or the police, and the nominated supervisor and/or approved provider

3. Contacts

Centre Director/ Approved Provider information in foyer/entrance of centre

Child Protection Helpline on 13 21 11

Police on 131 444 or 000 if there is an immediate risk to safety

NSW Early Learning Commission - 1800 619 113 information@earlylearningcommission.nsw.gov.au

Receiving a complaint

1. Receiving a complaint about harm or the risk of harm to a child

If the complaint or concern is about harm or the risk of harm to a child, including any complaints that allege a child is exhibiting harmful sexual behaviours, we will follow our Child Protection Policy and Procedures, which sets out our obligations and systems for:

• Recording and managing incidents, suspicions or disclosures of harm or risk of harm

• Managing harmful sexual behaviour in children

• Making a report - we have obligations under the law to report certain child safety and well-being matters to the authorities (e.g., to the police and Child Protection Helpline, the education and care services regulatory authority NSW Early Learning Commission, under reportable conduct schemes)

2. Receiving a complaint involving an allegation of reportable conduct

If we receive an allegation of reportable conduct, we will follow our Child Protection Policy which includes information on:

• Notifying the agency responsible for administering the Reportable Conduct Scheme (Office of the Children’s Guardian)

• Notifying the NSW Early Learning Commission

• Conducting investigations

• Providing reports and taking action in response to any findings

3. Receiving other complaints

All other complaints we receive will be recorded on the attached form and kept in our complaints folder. We record the following information:

• The contact details of the person making the complaint

• Details about the complaint (e.g., the nature, dates/times, people involved, notes on verbal discussions, written correspondence)

• Notes on how people want the problem to be resolved and any support that might be needed for the people involved

Complaints will be passed on to the nominated supervisor or approved provider as soon as practicable. Any complaints that require notification to the NSW Early Learning Commission will be sent through the NQAITS portal within 24hours of receiving the complaint.

4. Acknowledging the complaint

The nominated supervisor/ approved provider will acknowledge the complaint as soon as practical when receiving it and provide the person who made the complaint with a contact point, idea of likely timeframes and the next steps that will be taken. This may be done by phone, in person or in writing - whichever is the most appropriate method.

Assessing and investigating a complaint

1. Investigating complaints about harm or risk of harm to a child

Our service will not investigate any child protection matters unless instructed to do so by the relevant authorities. We will follow our Child Protection Policy if the investigation relates to harm or risk of harm to a child, including allegations that a child is exhibiting harmful sexual behaviours.

2. Investigating complaints involving reportable conduct

There are strict rules for investigating allegations of reportable conduct under the Reportable Conduct Scheme. If we are required to investigate such an allegation, we will follow our Child Protection Policy, which outlines how we need to investigate and report on such allegations.

3. Managing investigations

Any investigations conducted by our service will be managed by the nominated supervisor and/or approved provider, who will also be responsible for giving regular updates on the progress of the investigation to everyone involved in the complaint. The nominated supervisor and/or approved provider have the option to appoint someone else to conduct the investigation, including people outside our service.

4. Initial assessment

Although the steps involved will vary according to the nature of the complaint or concern, where appropriate, we will conduct an initial assessment, considering:

• Whether a formal investigation is required (for example, it may not be warranted if the complaint arose because of a minor misunderstanding or something that can be easily resolved to the satisfaction of everyone involved)

• If the complaint is deemed a formal complaint it will be reported to the NSW Early Learning Commission via the NQAITS portal within 24hrs of receiving the complaint

• Whether the complaint is outside our service’s area of responsibility, i.e. should be directed to another organisation

• Whether other people/organisations are involved in the matter

• How feasible the suggested solution is

• The severity, urgency and complexity

• How to ensure everyone involved is safe (risk management)

• How to ensure the integrity of the investigation that will follow

• The impact on the person complaining, and anyone else involved

• Whether the problem might escalate

If the approved provider or nominated supervisor decides not to proceed with the investigation after initial enquiries, they will give the person making the complaint the reason/s in writing or whatever form is the most appropriate.

5. Formal investigation

Where appropriate and necessary, the nominated supervisor and/or approved provider will conduct a formal investigation. The investigation will be:

• Impartial - we manage all perceived and actual conflicts of interest and have an open mind about the evidence. The findings will be objective

• Confidential - except where we are required to disclose personal information because it is relevant to the safety and well-being of a child, we investigate complaints in private and respect all parties’ confidentiality. Note, there are safeguards in place for people who report about child protection matters (see our Child Protection Policy)

• Transparent - we tell the person making the complaint and the subject of the complaint what the investigation will involve. All parties will be invited to provide information and respond where appropriate. We will provide regular updates on the progress of the investigation

• Thorough - we look at all the circumstances and facts, gather and assess evidence

• Supportive - we invite everyone involved to have a support person present during an interview (e.g., to support culturally safe practices or a health and safety representative - but not a lawyer acting in a professional capacity); employees are encouraged to seek support from their union, if applicable

• Timely - we aim to provide a resolution in a reasonable period of time

• Professional - we uphold all our employment law obligations and practice best practice records management

• Conducted safely – to protect the safety and wellbeing of children and staff

• Compliant with the law

6. Risk management

The nominated supervisor/approved provider will consider and manage any risks to the safety and well-being of any children or adults involved in an investigation, in line with our Child Protection Policy

7. Investigation report

After analysing the evidence, the nominated supervisor/approved provider will prepare an investigation report which describes the process and findings of the investigation.

Resolving a complaint

1. Making decisions about complaints

The nominated supervisor/approved provider will decide on a course of action to resolve a complaint (on the advice of the relevant authorities).

Outcomes might be, for example: providing professional development support/training for staff; mediation; making changes to physical and online environments, adjustments to our practices, systems, policies or procedures; implementing safety and behavioural management plans for children; performance management for staff; referrals to support services; formal staff warnings, changes of duties or termination of employment.

In deciding the resolution, the nominated supervisor/approved provider will consider:

• Any advice from relevant authorities (e.g., police, child protection authority, NSW Early Learning Commission, support services)

• Our obligations under employment law, industrial relations principles and guidelines

• Any submissions from the subject of the complaint (see procedural fairness below)

• The number of complaints against the subject of the complaint

• The number of opportunities already given to subject of the complaint person to adhere to a policy or procedure and/or change behaviour

• The seriousness of the complaint and whether it impacted the safety and welfare of children, other employees, volunteers, students or families

• Whether the complaint is reasonable

2. Procedural fairness

The nominated supervisor/approved provider will give the subject of the complaint a fair hearing before making a decision that might adversely affect the subject’s rights or interests.

The nominated supervisor/approved provider will provide the subject of a complaint with:

• Opportunities to make submissions when there are informed: that they are the subject of an investigation; of any proposed adverse finding; and of any proposed action to be taken as a result of a finding

• Information about the investigation and reasons for their findings

• An explanation/justification for the decisions made and the proposed course of action

• A fair opportunity to directly address the issues

The nominated supervisor/approved provider genuinely consider the person’s responses and submissions with an open-mind and impartiality. They will make reasonable inquiries before making a decision.

3. Communicating the decision

The nominated supervisor/approved provider will advise everyone who is involved of the result of the investigation and the resolution in writing and/or verbally.

4. Challenging the decision

If the person making the complaint or the subject of the complaint does not agree with the outcome of the investigation and/or the resolution, they can request a review. They will need to provide reasons for why they think either the investigation or resolution is wrong.

The nominated supervisor/approved provider will consider their reasons and, depending on the circumstances, may either:

• Decide that an investigation or a change to the resolution is not warranted

• Re-investigate the complaint and/or provide an alternative resolution

• Offer an external review by a Tribunal or alternate organisation, where employees, visitors and volunteers are unhappy with the outcome. Workplace bullying matters may be referred to the Fair Work Commission which can direct employers to take specific actions against workplace bullies or the Work Health and Safety (WHS) Regulator, which may investigate whether WHS duties have been contravened

• Offer information about alterative complaint resolution options, such as through the regulatory authority or ombudsman

Records and confidentiality

1. Creating and keeping accurate records

The nominated supervisor/approved provide will create and retain accurate records related to concerns and complaints, in line with our record keeping and privacy policies and obligations.

Records may include correspondence, emails, phone calls, interview transcripts, incident reports, risk management plans, investigation reports and findings, decision making process, minutes from meetings, notes, submissions from those involved, reports to police or government authorities.

2. Maintaining confidentiality

We keep information our service gathers for a complaint and investigation confidential and only disclose it if we are obliged, for example, to ensure:

• Workplace safety

• The safety and well-being of a child (see our Child Protection Policy for more information)

• The natural justice for the person accused

We follow directions about confidentiality from the relevant authorities and ensure we comply with all relevant legislation. Anyone involved in complaint or investigation must maintain confidentiality. A failure to do so by staff, volunteers or students may result in disciplinary action. Online records will be stored in a password protected file and physical records in a secure cabinet. Access will only be granted on a ‘need to know’ basis.

We follow our Child Protection Policy’s guidance on record keeping for child protection matters - including on safeguards for reporters of harm or risk of harm to a child.

Comment / Concern Form

Parent/Carer Name: _____________________________________________

Parent/Carer Address: ____________________________________________

_____________________________________________

Best contact number: _____________________________________________

Comments: ________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

Suggestions for Solutions: ________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

Parent Signature _____________________________

• Please return to Director or place in suggestion box.

Follow up: ________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

Staff Signature _____________________________

Verbal Concern / Comment Form

Parent/carer name: ___________________________________________________

Parent/carer address: ___________________________________________________

Parent/carer phone: ________________________

Concern / Comment made to: ________________________________________

Verbal Concern / Comment: ________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

Does this Concern / Comment need to be reported to the NSW Early Learning Commission:

___________________________________________________________________

Follow up:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

__________________________________________

Name & Signature of person handling Concern / Comment:

________________________________________________________________

Name & Signature of Nominated Supervisor:

________________________________________________________________