Code 10 – Complaints and Disputes

CODE

1. We must ensure complaints are handled fairly, objectively, and confidentially in a timely manner.
   
   
2. We will have a complaints and disputes policy and procedure that clearly set out the different ways to deal with:
   1. Code Complaints;
   2. Internal Complaints and Disputes; and
   3. complaints that are about a breach of a Licence Condition or the Broadcasting Services Act 1992.
      
      
3. We must provide clear and prominent information about how to make a complaint, which includes a direct link to a complaints section on our website (or social media platform if no website exists).
   
   
4. People making complaints will be:
   1. listened to, treated with respect by our workers and actively involved in the complaint process where possible and appropriate; and
   2. provided with reasons for our decisions.
      
      
5. We must keep a record of complaints and our responses for at least 24 months from the date of the complaint. Records will include:
   1. the outcomes of the complaint including whether it or any aspect of it was substantiated or dismissed under 10.8;
   2. any recommendations made to address problems identified;
   3. any decisions made on those recommendations; and
   4. any outstanding actions to be followed up, including analysing any underlying causes.
      
      
6. We will keep a recording of any programs that are the subject of a complaint for 60 days after the complaint is received.
   
   
7. We will keep any material the ACMA has asked us to keep for the length of time specified by the ACMA.
   
   
8. We are not required to resolve a complaint that:
   1. is frivolous, vexatious, or an abuse of the complaints process;
   2. is offensive or vulgar;
   3. is the second or later complaint in a series of complaints from a single person about the same issue; or
   4. expressly indicates that a response is not required.

 
Code Complaints

9. Complaints that we have breached these Community Radio Broadcasting Codes of Practice, should first be addressed to us and will be dealt with in accordance with our complaints and disputes policy or procedure.
   
   
10. We will acknowledge receipt of Code Complaints promptly in writing.
    
    
11. Code Complaints must:
    1. be received within 30 days of the relevant broadcast, if about material broadcast;
    2. be made via email or letter or by filling in a form;
    3. contain the name and contact details of the complainant;
    4. include sufficient detail of the complaint (e.g., date, time, program, and description of the material, which Code alleged to be breached).
       
       
12. We will reply to Code Complaints in writing as soon as is practicable, and at the latest, within 60 Days of the receipt of the complaint. Our reply will respond to the concerns raised in the Code Complaint and inform the complainant of their right to refer the complaint to the ACMA if they are unsatisfied with our response.

Internal Complaints and Disputes 

13. The ACMA does not have a role in the complaint or dispute resolution process for Internal Complaints and Disputes.
    
    
14. Internal Complaints and Disputes must be dealt with in accordance with our complaints and disputes policy or procedure.
    
    
15. Our Internal Complaints and Disputes policy and procedure will:
    1. where practical, include the option to consider using an Independent Mediator to assist in resolving the dispute, where an agreement or compromise cannot be reached.
    2. direct us to any internal or external review options available to complainants (including any relevant Ombudsman or oversight regulatory bodies e.g., the ACNC).
       
       

Complaints about a breach of a Licence Condition or the Broadcasting Services Act 1992

16. Complaints that are about a breach of a Licence Condition or the Broadcasting Services Act 1992 may be addressed to us or go directly to the ACMA. If addressed to us, we will acknowledge receipt promptly in writing and inform the complainant of their right to complain directly to the ACMA.