Feedback from families, children, educators, staff, and the wider community is fundamental to

creating an evolving Education and Care Service working towards the highest standards of care

and education.  

It is foreseeable that feedback will include divergent views, which may result in complaints. This

policy details our Service’s procedures for receiving and managing informal and formal

complaints. Our policy and complaints processes support and encourage children, families,

parents, visitors, students and members of the community to lodge a grievance or complaint

with management, in the understanding that it will be managed conscientiously and

confidentially.

NATIONAL QUALITY STANDARD (NQS)

QUALITY AREA 6:  COLLABORATIVE PARTNERSHIPS

QUALITY AREA 7:  GOVERNANCE AND LEADERSHIP

Education and Care Services Law and National Regulations

Related Legislation

Purpose

The Education and Care Services National Regulations require approved providers to ensure their services have policies and procedures in place for dealing with complaints (Reg. 168) and take reasonable steps to ensure those policies and procedures are followed (Reg. 170). We believe that children’s safety, rights, 

and best interests are the paramount consideration for all Service operations, decisions and functions.

We aim to investigate all complaints and grievances with a high standard of equity and fairness. We will 

ensure that all persons making a complaint are guided by the following policy values:

• procedural fairness and natural justice 

• code of ethics and conduct 

• child safe complaint culture

• culture free from discrimination and harassment 

• transparent policies and procedures 

• opportunities for further investigation

• adhering to our Service philosophy 

Procedural Fairness and Natural Justice

Our Service believes in procedural fairness and natural justice that govern the strategies and practices, which include:

• The right to be heard fairly

• The right to an unbiased decision made by an objective decision maker

• The right to have the decision based on relevant evidence.

Scope

This policy applies to children, families, staff, educators, management, approved provider, nominated supervisor, students, volunteers and visitors of the Service.

Implementation

Grievances and complaints can transpire in any education and care setting. Complaints help our Service identify problems and provide opportunities to address these appropriately and effectively to sustain a child safe, healthy, harmonious and productive service environment

Our complaints and grievance policy ensures that all persons are presented with procedures that:

• value the opportunity to be heard

• promote conflict resolution

• encourage the development of harmonious partnerships 

• ensure that conflicts and grievances are mediated fairly and are transparent and equitable

• appropriately handle children exhibiting harmful sexual behaviours

• promote children’s rights, safety and wellbeing

• consider a child’s age, cultural, developmental and additional needs. 

National Principles for Child Safe Organisations - Child Focused Complaints Process

Our Service is committed to the Child Safe Standards and adopts a child safe approach to complaints involving a child or young person.

As a child safe organisation, we will respond promptly and systematically to any concerns, disclosures, allegations or suspicions while fostering an environment where children feel confident that their safety and wellbeing are paramount. Our Service ensures our complaint processes are easily understood by children, young people and families and are accessible, effective and culturally safe. Educators teach children about the complaints process so they know who to talk to if they want to make a complaint. We ensure complaints are taken seriously, addressed promptly and thoroughly, and comply with all legal obligations. 

Notifiable complaint: A complaint that alleges a breach of the Education and Care Services National Law and Regulations, National Quality Standard or alleges that the health, safety or wellbeing of a child at the Service may have been compromised. Any complaint of this nature must be reported by the approved provider or nominated supervisor to the regulatory authority within 24 hours of the complaint being made.

If the approved provider/ nominated supervisor are unsure whether the matter is a notifiable complaint, it is good practice to contact the Regulatory Authority for confirmation. Written reports must include: 

• details of the event or incident 

• the name of the person who initially made the complaint

• if appropriate, the name of the child concerned and the condition of the child, including a medical or incident report (where relevant)

• contact details of the nominated supervisor/approved provider

• any other relevant information.

Written notification of complaints must be submitted using the appropriate forms, which can be found on the ACECQA website: www.acecqa.gov.au and logged using NQA ITS (National Quality Agenda IT System).

Serious Incident: An incident resulting in the death of a child, or an injury, trauma or illness for which the attention of a registered medical practitioner, emergency services or hospital is sought or should have been sought. This also includes an incident in which a child appears to be missing, cannot be accounted for, is removed from the Service in contravention of the Regulations or is mistakenly locked in/out of the

Service Premises (Reg. 12). 

A serious incident should be documented in an Incident, Injury, Trauma and Illness Record as soon as possible and within 24 hours of the incident. The regulatory authority must be notified within 24 hours of a serious incident occurring at the Service. These records are required to be retained for the periods specified in Reg. 183. 

The approved provider will notify the regulatory authority of any incident where there is a reasonable belief that physical and/or sexual abuse of a child has occurred or is occurring at the service, or any allegation that sexual or physical abuse of a child has occurred or is occurring at the Service.

Privacy and Confidentiality

Management and educators will adhere to our Privacy and Confidentiality Policy when dealing with grievances and complaints. However, if a grievance or complaint involves a staff member or child protection issue, a relevant government agency will need to be informed. (See: Reportable Conduct Scheme in our Child Protection Policy)

Our Service provides a safe and confidential process for reporting wrongdoing, misconduct, or any matter that may risk the safety, welfare, or wellbeing of children within the service through the Protected Disclosure (Whistleblower) Policy. This process supports a culture of integrity and accountability.

Conflict of Interest

It is important for the complainant to feel confident in: 

• being heard fairly

• an unbiased decision-making process

Should a conflict of interest arise during a grievance or complaint that involves the approved provider or nominated supervisor, other management will be nominated as an alternative mediator. We will ensure that throughout the conflict resolution process the Services Code of Conduct is be adhered to.

THE APPROVED PROVIDER/NOMINATED SUPERVISOR/RESPONSIBLE PERSON WILL:

• ensure that obligations under the Education and Care Services National Law and Regulations are met

• ensure educators, staff, students, visitors and volunteers have knowledge of and adhere to this policy and associated procedure and are advised on how and where the policy can be accessed

• provide an induction program for new staff and educators that includes an overview of policies and procedures, including this Dealing with Complaints Policy and procedure

• ensure the name and telephone number of the person to whom complaints can be made is clearly visible at the entry of the Service

• ensure the address and telephone number of the regulatory authority where complaints can be made are clearly visible at the entry of the Service

• ensure information about our Dealing with Complaints Policy and Dealing with Complaints Procedure and all appropriate forms are easily accessible to all families, children, staff, educators, visitors and volunteers

• ensure child-focused complaint procedures are in place so any inappropriate conduct concerns are promptly identified, addressed, and reported to the regulatory authority.

  
  

Service to notify the NSW Early Learning Commission

• notify the regulatory authority within 24 hours if a complaint alleges the safety, health or wellbeing of a child is being compromised. Notification must include any incident where there is a reasonable belief that physical and/or sexual abuse of a child has occurred or is occurring at the service or any allegation that sexual or physical abuse of a child has occurred or is occurring at the Service.

• treat all grievances and complaints seriously and as a priority 

• ensure grievances and complaints remain confidential

• ensure grievances and complaints reflect procedural fairness and natural justice 

• ensure people feel safe or comfortable when making a complaint, including children

• ensure educators, staff, volunteers and students are well informed about the different ways children may express concerns, distress and disclose harm as well as the process for responding to disclosures from children- including a complaint that alleges a child is exhibiting sexual behaviours that may be harmful to the child or another child

• conduct a review of policies and procedures, where required, following a complaint or grievance as part of our continuous improvement practices

• ensure the approved provider is notified of all complaints and grievances 

• acknowledge the complaint or grievance in writing within 2 working days of receipt

• discuss the issue with the complainant within 24 hours of receiving the verbal or written complaint

• investigate and document the grievance or complaint fairly and impartially 

• provide details of an outcome following an investigation if required. The investigation will consist of:

  • reviewing the circumstances and facts of the complaint (or breach) and inviting all affected parties to provide information where appropriate and pertinent

  • discussing the nature of the complaint (or breach) and giving the accused educator, staff member, volunteer or visitor an opportunity to respond

  • permitting the accused person to have a support person present during the consultation (for example: Union Representative, HR Representative, lawyer, colleague, friend or family member. A support person may provide support by taking notes during the meeting, clarifying questions and allegations made, help formulate responses, engage in discussions and are more than a passive observer, aid in understanding processes, request breaks and be an emotional support. A support person cannot represent the employer, speak on their behalf or advocate for the organisation.

  • providing the employee with a clear written statement outlining the outcome of the investigation

• advise the complainant and all affected parties of the outcome within 7 working days of receiving the verbal or written complaint

  • management will provide a written response outlining the outcome and provide a copy to all parties involved 

  • if a written agreement about the resolution of the complaint is prepared, all parties will ensure the outcomes accurately reflect the resolution

  • all written responses will need to cater for complainant to be able to understand such as spoken language and special needs regarding reading

  • responses to children and young people will be age and developmentally appropriate 

• should management decide not to proceed with the investigation after initial enquiries, a written notification outlining the reasoning will be provided to the complainant

• keep appropriate records of the investigation and outcome and store these records in accordance with our Privacy and Confidentiality Policy and Record Keeping and Retention Policy

• monitor ongoing behaviour and provide support as required

• ensure the parties are protected from victimisation and bullying

• request feedback on the grievance or complaint process using a feedback form

Educators will:

• report all complaints received to the nominated supervisor, and/or approved provider within required timeframes

• ensure the complaints handling process is child focused, culturally safe and accessible

• ensure children know who to talk to if they are feeling unsafe and know the process that will happen 

to support them 

• listen to the complainant’s view of what has happened

• clarify and confirm the grievance or complaint, documenting all the facts prior to the investigation

• encourage and support the complainant to seek a balanced understanding of the issue

• discuss possible resolutions available to the complainant. These would include external support options.

• encourage and assist the complainant to determine a preferred way of solving the issue

• record the meeting, confirming the details with the complainant at the end of the meeting

• maintain confidentiality at all times

• refer complainant’s (as necessary) to Service policies that may assist in resolving the grievance or complaint

• be informed about the different ways children can express concerns or distress and disclose harm as well as the process for responding to disclosures from children- including a complaint that alleges a child is exhibiting sexual behaviours that may be harmful to the child or another child

• be aware of child protection law and their individual responsibilities as mandatory reporters/notifiers.

Complainants will:

• be informed of our duty of care to ensure that all persons are provided with a high level of equity and fairness in relation to the management of complaints. The complaints procedure ensures a fair opportunity for all stakeholders to be heard and promotes effective conflict resolution within our Service

• ensure children are able to express their concerns or allegations to either management, educators and/or family members, who will communicate with necessary persons

• attempt to discuss their complaints with the relevant educator associated with a particular child and/or family as the first step to resolving the issue, unless it is a reportable offence and notification to the regulatory authority is to be made with 24 hours of complaint

• communicate any concerns they may have in writing addressed to the approved provider or nominated supervisor 

• raise any unresolved concerns with the approved provider or nominated supervisor

• maintain confidentiality at all times

• be provided with details of external agencies to contact should they feel our Service has not resolved their concerns (e.g., regulatory authority).

Complaints Relating to the Administration of Child Care Subsidy

Families who wish to raise concerns regarding the management of Child Care Subsidy should speak with the nominated supervisor in the first instance. The nominated supervisor will follow the steps as outlined in this policy, including advising the approved provider of all grievances.  

Families can raise concerns regarding management of the Child Care Subsidy to the Department of Education via their Online contact form. Additionally, information about any potential breach of Child Care Subsidy can be reported anonymously by submitting an online report directly to the Department of Education.  For more information visit the Department of Education website: Reporting fraud via a tip-off

Complaints Involving Allegations of a Child Exhibiting Sexual Behaviours

The approved provider will ensure:

• educators and staff respond to any complaint that alleges a child is exhibiting sexual behaviours that may be harmful to the child or another child

• educators and staff assess the need for urgent police and emergency services assistance and inform the approved provider/nominated supervisor

• the regulatory authority is notified within 24 hours of any complaint alleging that a serious incident has occurred whilst a child is educated and cared for or complaints alleging that the Law has been contravened 

• educators and staff are aware of the process for responding to disclosures from children as per our Child Protection Policy

• educators and staff are aware of their duty of care and mandatory reporting obligations to make a report to Department of Communities and Justice (DCJ) Child Protection Hotline NSW 

• educators and staff have a sound understanding of developmentally appropriate sexual development in children and sexual behaviour that may be concerning and requires a response

• families are encouraged and supported to raise concerns in confidence

• educators and staff engage in professional learning to promote a consistent and appropriate approach to identifying and responding to sexual behaviours in children that may include:

  • age and developmental capacity of the child/children

  • reasons why a child may be behaving in sexually harmful ways

  • behavioural history of the child

  • how the behaviour impacts the behaviour of other children

  • risk the behaviour imposes on others

  • vulnerability of the child to be engaging in harmful sexual behaviour

• procedures for supporting all stakeholders during the complaint procedure are implemented including documenting discussions, ensuring confidentiality and providing information of the progress of the complaint and access to support agencies as require

Continuous Improvement/Evaluation

Complaints provide our Service with opportunities for learning and improvement. We encourage regular and ongoing feedback from staff, children and families and the community. Our Service is committed to resolving complaints through prompt investigation, open communication, and transparent processes. Our Dealing with Complaints Policy will be updated and reviewed annually in consultation with families, children, staff, educators and management.

To ensure complaints and grievances are handled appropriately, the approved provider/ nominated supervisor will: 

• evaluate each individual complaint and grievance as recorded in the Complaints and Grievance Management Register to assess that a satisfactory resolution that has been achieved

• review complaints and grievances as recorded in the Complaints and Grievance Management Register to ensure a pattern of similar grievances is not occurring    

• review the effectiveness of the Service policy and procedures to ensure all complaints and grievances have been handled fairly and professionally

• consider feedback from staff, educators, families, children and community regarding the policy and procedure.

Sources

• Australian Children’s Education & Care Quality Authority. (2026). Guide to the National Quality Framework

• Australian Children’s Education & Care Quality Authority. (2023).  Using Complaints to support continuous improvement. 

• Australian Children’s Education & Care Quality Authority. (2025).  NQF Child Safe Culture Guide.

• Australian Government Department of Education. Child Care Provider Handbook (Amended 2025)  

• Australian Human Rights Commission: https://www.humanrights.gov.au

• Children (Education and Care Services) National Law (NSW) 

• Commissioner for Children and Young People- Western Australia. Monitoring of Child-Focused Complaints Systems Report.

• Education and Care Services National Law Act 2010.

• Education and Care Services National Regulations. (Amended 2025)  

• Fair Work Australia: https://www.fairwork.gov.au/

Amendment History

This policy will be updated to ensure compliance with all relevant legal requirements every year. Appropriate consultation of all stakeholders (including staff and families) will be conducted on a timely basis. In accordance with Regulation 172 of the Education and Care Services National Regulation, families of children enrolled will be notified at least 14 days and their input considered prior to any amendment of policies and procedures that have any impact on their children or family.

Date:

February 2026

Version:

5

Last amended by:

Laura Clarke  

Due to Review:

February 2027

Position:

Diploma