A trusted and accountable workplace is one where employees and members of the public can be confident that their complaints will be taken seriously and every attempt made to resolve them.

when can a complaint be made?

Complaints may be made in circumstances where the public sector values, employment principles, standards or codes have not been applied in a public sector organisation and where:

• an employee is personally affected
• an employee is concerned about another employee’s behaviour
• a former employee or member of the public has had contact with the organisation concerned.

who can help to resolve a complaint?

A public sector employee may:

• discuss the matter with his or her manager in the first instance
• ask Human Resources (HR) about the policies and procedures the organisation has for resolving complaints particularly if the discussion with his or her manager has not helped or the manager is implicated in the complaint
• lodge a complaint with the Victorian Equal Opportunity and Human Rights Commission in cases of discrimination, sexual harassment and racial or religious vilification
• report any improper conduct or detrimental action to the Ombudsman or to the organisation’s Protected Disclosure Coordinator.

Additionally, if the complainant is an employee in a Victorian Public Service (VPS) body, they may:

• ask that the Public Sector Standards Commissioner (PSSC) review how the organisation dealt with their complaint
• write to the PSSC if they have been harassed or victimised for asking the Commissioner to review a complaint matter in the past.

If the complainant is a former employee or a member of the public, they may:

• write to the organisation concerned, Equal Opportunity Commissioner, Ombudsman or PSSC as appropriate.

how will a complaint be resolved within an organisation?

Public sector organisations must have fair review processes guided by:

• the organisation's HR section and personnel
• in public sector bodies (including the public service), public entities such as Institutes of Tertiary and Further Education, and special bodies such as Victoria Police: standards issued by the PSSC
• in the public service: the Public Administration (Review of Actions) Regulations 2005 (PDF 53KB).

Organisations may have different processes for dealing with complaints concerning:

• occupational health and safety
• equal employment opportunity
• bullying and harassment
• unfair dismissal.

In most cases, if an employee’s complaint is in writing giving details of the basis of their complaint, the people involved and the remedy sought; their employer must decide whether the complaint has substance. Where the complaint is found to have substance it must be reviewed quickly, fairly and without formality. An offer to mediate or conciliate between those involved may be made.

how will a complaint be resolved by the public sector standards commissioner?

If the complaint is made in writing, the PSSC will consider whether:

• the complaint has substance
• all avenues of review within the organisation have been pursued
• the subject matter of the complaint is more appropriately dealt with by the Ombudsman or Equal Opportunity Commissioner.

When a complaint is accepted, the PSSC may:

• request information from the employer
• consider whether the complaint was handled appropriately
• advise the employer and the complainant of the outcome.

Additionally the PSSC may:

• ask for a written statement from the employer if the PSSC's recommendations have not been adopted
• report to the Premier on any review involving the public service.

Panel of Review Officers

The PSSC works collaboratively with Victorian public sector employers in promoting the values and employment principles set out in the Public Administration Act 2004 (PDF 434KB).

A shared area of concern is to ensure that processes for addressing issues that inevitably arise from time to time between employers and employees are impartial and fair. These basic expectations apply equally, whether an issue is raised by an employee in the form of a grievance, or by the employer in relation to the behaviour of an employee.

To support both impartiality and fairness in responding to workplace issues, a panel of independent and suitably qualified review officers is available to all Victorian public sector organisations.

Use of the service providers who make up the panel is not mandatory. Rather it is intended to assist sector organisations in locating suitable service providers.

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