Complaints and Appeals
The Academy of Fitness has a complaints policy to manage and respond to allegations involving the conduct of:
- the RTO, its trainers, assessors or other staff
- a third party providing services on the RTO’s behalf, its trainers, assessors or other staff and
- a learner of the RTO.
In order to continually improve our service and to ensure a fair and equitable process, the following Complaints and Appeals process is applied to those who wish to lodge a complaint or an appeal.
COMPLAINTS – Dissatisfaction with an action by Academy of Fitness.
APPEAL – Dissatisfaction with a decision made by Academy of Fitness about a lodged complaint.
The Academy of Fitness recognises that a person may seek to lodge a formal complaint. The Academy of Fitness has a formal complaints procedure that ensures that a person is able to have their complaint/s addressed efficiently and effectively.
The Academy of Fitness recognises that a person may seek to appeal a decision made by the Academy of Fitness about a complaint.
How to lodge a complaint or appeal
Complaints or appeals must be in writing by the person making the complaint or appeal using the online form which is provided below.
Complaints should include the following information:
- Full name and date of birth
- A copy of the issued enrolment letter
- Date of enrolment
- Date of course expiry
- Nature of complaint
- Dates of all key events which lead to the complaint
- A list of documentation that supports the complaint
- Suggested resolution to the complaint
Steps in the Complaints/Appeal Process:
1. The complainant completes the online Complaints/Appeal Form provided at the bottom of this page and attaches all supporting documentation
2. The submitted Complaint and supporting documentation will be assessed by Academy of Fitness and a written reply will be sent back to the complainant within sixty calendar days.
3. If the complainant is not satisfied with the complaint decision made by Academy of Fitness, an appeal can be made on a new Complaints and Appeals Form using the following link http://academyoffitness.com.au/application-for-lodging-a-complaint-or-appeal/..
4. The submitted Appeal will be assessed by Academy of Fitness and a written reply will be sent back to the complainant within sixty calendar days.
5. If the Academy’s complaints and appeal process fails to resolve the matter, the Academy can provide for review by an appropriate party independent of the RTO and the complainant or appellant, at the request of the individual making the complaint or appeal. The independent review will be at the request and cost of the complainant, however the Academy will endeavour to source an independent party that is at little or no cost to the complainant. Please check the Student Enrolment Guide for details of independent party’s on a state by state basis.
Prior to lodging a complaint or appeal, complainants will be required to make a declaration that they have read and understood the following Complaints and Appeals Policy:
All complainants are afforded procedural fairness as set out in this policy, being a fair opportunity to present their complaint and the right to have it considered by an unbiased decision-maker. Due to the complexity of some complaints and the available resources of the Academy, some complaints and appeals may take up to sixty calendar days to investigate and respond to.
The Academy of Fitness will manage any complaint/appeal in accordance with the published Complaints and Appeals policy and procedure and determine the amount of resources to be dedicated to a complaint or appeal.
There is no assurance that complaints will be resolved to the satisfaction of the complainant.
Complainants who use aggressive, malicious or defamatory language in making complaints will have their complaint closed without further investigation regardless of the merit of their complaint.
The Academy reserves the right to determine at any stage of any complaint and/or appeal, that a complaint or appeal is frivolous, malicious or vexatious and close the complaint without further investigation. This ensures that only legitimate complaints and appeals are investigated as claims without merit can have a resource impact on other students of the Academy of Fitness. A determination that a complaint is frivolous, malicious or vexatious has the effect of closing a complaint.
The Academy may find that a complaint and/or appeal is frivolous, malicious or vexatious in any of the following instances where complaints:
- are without merit (for example where a complainant is unwilling to accept documented evidence as being factual or deny receipt of an adequate response in spite of correspondence specifically answering their questions)
- contain dishonest or intentionally misleading information
- focus on a trivial or minor matter to an extent which is out of proportion to its significance
The Academy may find that a complaint and/or appeal is frivolous, malicious or vexatious in any of the following instances where complainants:
- Have in the course of addressing a complaint had an excessive number of contacts with the Academy placing unreasonable demands on Academy resources. (A contact may be in person or by telephone, letter, or email)
- Display unreasonable demands or expectations and fail to accept that these may be unreasonable
- Request unrealistic outcomes to unjustified complaints
- Unreasonably refuse the Academy’s proposed resolution to a complaint
- Expect unrealistic outcomes to unjustified complaints
- Insist on the complaint being dealt with in ways which are incompatible with the Academy complaints procedure (for example insisting that there must not be any written record of the complaint)
- Refuse to accept the outcome of the complaint process after its conclusion and/or denying that an adequate response has been given
- Lodge an appeal when the substance of the complaint has already been considered by the Academy and satisfactory measures have been taken to resolve the matter
Complainants who engage in unreasonable behaviour in respect of making complaints will be dealt with in accordance with the Academy’s Student Code of Conduct. The Academy will not tolerate any form of physical or verbal aggression or harassment and if the complainant engages in this type of aggression the Academy may:
- Prohibit the individual from contacting the Academy, with immediate effect.
- Contact the police
- Seek legal redress for damages caused.
The lodgement of a complaint and/or appeal or the commencement of an independent review does not stop the Academy from starting or proceeding with any legal action against the complainant.
The Academy of Fitness maintains records of complaints to protect the rights and interests of all parties; explain and justify the actions of the Academy and to document and explain the decision-making of the Academy. The record will include information about the complaint, including: what occurred; when it occurred; how it occurred; the parties involved; and the outcome. These records may be released to third parties as required by law.
Submit your Complaint or Appeal here: