Complaints & disclosures

Administrative Action complaint

This is an expression of dissatisfaction by a person who is directly affected by an administrative action of Council, including a failure to take action. Section 268(2) of the Local Government Act 2009 defines an ‘administrative action complaint’ as a complaint that:

(a) Is about an administrative action of a local government, including the following, for example –

(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 failure to do an act;
(iii) The formulation of a proposal or intention;
(iv) The making of a recommendation; and

(b) Is made by an affected person.

Examples might include being unhappy with a service we have performed, a decision we have made, or the actions taken by Council staff.

Employee Conduct complaint

This is an expression of dissatisfaction from a member of the public who is directly affected by the alleged behaviour or conduct of a Council employee (including contractors and volunteers).

Public Interest Disclosure

This is a disclosure about wrongdoing in the public sector that services the public interest. For an allegation to be considered a PID under the Public Interest Disclosure Act 2010 (PID Act) it must be public interest information about serious wrongdoing or danger; an appropriate disclosure; and made to a proper authority.  Read more about Public Interest Disclosure.

Privacy Breach

Council must handle personal information in accordance with the privacy principles in the Information Privacy Act 2009 (Qld) (IP Act). You can lodge a complaint if you think Council has breached your privacy in contravention of the IP Act.

Human Rights complaint

This an allegation that Council has violated the human rights of an individual in contravention of Queensland’s Human Rights Act 2019.

Other complaints

The following types of complaints are dealt with by different Council processes:

• Requests for information can be made via our Right to Information web page.
• Requests for service (e.g. barking dog, leaking water pipe, pot hole, road maintenance, etc) can be made on our Report a Problem web page.
• Suggestions, enquiries and general feedback can be submitted on our Contact Us web page.
• Petitions must follow Council's guidelines to be deemed valid.
• Councillor conduct or behaviour complaints can be made to the Office of the Independent Assessor (OIA), who will make an initial assessment of each complaint.

It is Council’s policy not to disclose confidential information, including names and addresses and other identifying factors, without a person’s consent, to anyone outside Council. The information you provide to Council will only to be used to undertake the investigation as per your complaint. The information will not be used for any other purpose without your consent.

We endeavour to action your complaint as quickly as possible. It is important that our approach to dealing with complaints is comprehensive and allows sufficient time to investigate a complaint thoroughly.

Council will:

1. Acknowledge your complaint within 2 business days,
2. Conduct a preliminary review of your complaint, advise you of the complaint category and anticipated timeframes within 3 business days, and
3. Respond within 15 - 25 business days depending on the complaint category.

After 5 working days, if you have not received an acknowledgement, please call Council on 1300 69 22 47.

If your issue is complex or involves a human rights complaint, a more detailed investigation may be required. This may take up to 45 working days and we will keep you informed of progress.

Please note the above timeframes do not include notified public holidays.

The Local Government Act 2009 defines an administrative action complaint as a complaint made by an affected person about an administrative action of Council. An affected person is directly affected by an administrative action of Council.

Please note the complaint must be lodged within 12 months of the decision or lack of action.

You can make a complaint on your own, jointly with someone else or have another person (such as a family member, friend, or advocate) act on your behalf. If you lodge a complaint on behalf of an affected person, we will respond directly to that person affected, not to you as the person acting. If you provide a letter of authority confirming that you are acting on behalf of the affected person, we will respond to you instead.

You can also make a complaint anonymously but please note that will limit Council’s ability to investigate and report the finding of the issues raised.

You are strongly encouraged to put your complaint in writing to ensure that it is clearly understood by the officer investigating it. You can lodge your complaint:

• Online via our online Complaints form (also available below).
• If a matter is complex, please email Council at complaints@cairns.qld.gov.au providing all copies of your supporting documentation.
• In person at our Spence Street Administration Centre, 119-145 Spence Street Cairns
• By phone 1300 69 22 47
• By mail using our printable Complaint form ( PDF, 0.92 MB ) and post it to PO Box 359, Cairns QLD 4870.

Information required

Please provide the following information to assist us to investigate your complaint:

• As much detail as possible about your concern/issue/complaint.
• List any Cairns Regional Council staff, departments, other agencies, or authorities you have already reported this matter to.
• Advise what the outcome to your complaint you are seeking.
• Enclose any supporting information such as photos, correspondence, contact details of anyone else who can support your complaint.
• Whether you require an outcome communicated to you.

Important things to consider

• Ensure that your request is reasonable and realistic. Please keep in mind that Council must act in the interest of the general community and entire local government area.
• Be clear and concise by telling us how you want the issue resolved. Think about what action you believe council should take to resolve your issue.
  • Do you want an apology, a different decision or a change in the way things are done?
• Council acknowledges that these matters can be stressful and frustrating.  Please be respectful of staff who are trying to address your complaint. Unacceptable behaviour will not be tolerated.

Where necessary, a Council Officer may help you by providing information on how to make a complaint, including how it should be documented. The aim is to help clarify your issue and the outcome(s) you seek.

If you need language assistance, please call the National Translating and Interpreting Service (NTIS) on 131 450. Advise the NTIS of your preferred language and ask to speak with Cairns Regional Council Customer Service on 1300 69 22 47.

If you need assistance because of a hearing or speech impairment, please contact the National Relay Service on 133 677. If you can speak and hear but sometimes people have trouble understanding you, the number to call at the Relay Service is 1300 555 727.

We value all feedback, but there may be times when we are unable to manage your complaint. This may include:

• The complainant is pursuing the complaint through an alternative review process, or it has already been reviewed through an alternate review process.
• A matter is being dealt with by an external complaint agency, court, or tribunal.
• It's not possible to establish Council’s jurisdiction in the matter.
• Council does not have jurisdiction to investigate complaints that may be because of neighbourhood disputes.
• The complaint is trivial, frivolous, or vexatious, lacks substance or credibility.
• The complainant does not have sufficient direct interest in the administrative action the subject of the complaint.
• It is made using rude, aggressive, abusive, or threatening language, or where the complainant is physically harassing or stalking a Council officer(s).
• The complaint is outside of the 12-month timeframe and there are no special circumstances identified which warrant action.

If you are dissatisfied with how a complaint management or decision-making process was handled, you have the right to request an Internal Review.

An Internal Review is a merits review of the complaints process and outcome, not a re-investigation of a complaint. You must identify and provide specific and measurable grounds or reasons for your dissatisfaction with the process and outcome. General grounds for an Internal Review include a:

• policy or procedure was not appropriately followed by the department in making a decision, or
• decision that was not made in accordance with relevant legislation.

A request for an Internal Review should be made within 28 days after you have been provided with an outcome to a complaint management or decision-making process. Requests for Internal Reviews outside the 28-day timeframe may be considered if exceptional circumstances can be demonstrated.

Your request must:

• Online via our online Internal Review Request Form.
• Be in writing to Complaints@cairns.qld.gov.au with Internal Review Request in the subject heading, or via mail to Complaint Cairns Regional Council PO Box 359, Cairns QLD 4870.
  • If you are unable to write to us, you may submit your Internal Review request by telephone on 1300 69 22 47. However, we may refuse to accept a verbal review request unless satisfied that you are unable to make a written request.

• Be lodged within 28 days of you receiving the decision/outcome of your complaint.
• Detail why you are seeking the matter to be reviewed.
• Explain how you have been affected by the decision.
• Detail what action you would like taken to resolve the complaint.

The Internal Review will be conducted by an Officer who is independent of the original complaint management or decision-making process. The Officer’s role is to be objective, independent, and impartial. They will review the process and the facts of the original decision or action and decide if it was correct.

The Internal Review will determine if the complaint management or decision-making process was appropriate in terms of relevant legislation, policies, procedures, or service standards.

Please note if you include any new information as part of the Internal Review request that wasn’t provided when the original decision was made, the new information may be provided to the original decision maker to afford them the opportunity to consider the new information and make a fully informed decision.

Possible outcomes of Internal Review

One or more of the following outcomes are possible:

• the original decision was correct and the complaint does not merit further investigation,
• the original decision was wrong and should be amended without further investigation,
• the original investigation should be reopened,
• the decision should be better communicated,
• a policy, procedure or practice may be amended,
• records may be amended,
• further assistance to address a service delivery complaint that forms part of the internal review may be provided, or
• an apology or some other remedy may be offered.

Internal Review timeframes

1. Acknowledge your request for Internal Review within 2 business days,
2. Conduct a preliminary review of your Internal Review request, advise you of the acceptance or non-acceptance of the Internal Review request within 5 business days,
3. Conduct the Internal Review within 35 business days,
4. Review the outcome, endorse the report and relevant recommendations within 10 business days, and
5. Provide the written response/outcome of the Internal Review within 5 business days.

If your issue is complex or involves a human rights complaint, a more detailed investigation may be required. Times may vary depending on the complexity of the issue and we will keep you informed of progress. Please note the above timeframes do not include notified public holidays.

Administrative Action Complaint or Employee Conduct Complaint

If you remain dissatisfied at the conclusion of the Internal Review, you have the right to seek external review of your complaint management or decision-making process with the Office of the Queensland Ombudsman.

The Queensland Ombudsman provides external oversight of the department’s complaints system. You can contact the Ombudsman by:

• phone 3005 7000 or 1800 068 908
• mail to GPO Box 3314, Brisbane Q 4001
• email the Queensland Ombudsman
• in person at Level 18, 53 Albert Street, Brisbane.

Privacy Breach

If you are dissatisfied with a Privacy Breach investigation, you can seek assistance from the Office of the Information Commissioner (OIC).

If you have complained to Council under the IP Act, given Council 45 business days to respond and you are not satisfied with our response, you can refer your privacy complaint to the OIC.

A complaint lodged with OIC must be:

• written
• state an address to which notices under the IP Act can be sent; and
• give particulars of the act or practice complained of.

The Privacy Complaint form will assist you to make a privacy complaint to OIC.

Telephone: (07) 3234 7373 or 1800 642 753
Email: enquiries@oic.qld.gov.au

• General Complaints Management Policy ( PDF, 0.23 MB )
• Customer Service Charter ( PDF, 0.62 MB )
• Public Interest Disclosure Information Sheet ( PDF, 0.11 MB )
• Cairns Regional Council Privacy Statement
• Local Government Act 2009
• Local Government Regulation 2012