Complaints Handling Procedures 2022

Complaints Handling Procedure
This document should be read in conjunction with the ACT JPA Complaints Handling Policy. It sets out the procedure to be followed when a complaint is made to the Association about an ACT Justice of the Peace.

The Executive of the ACT Justices of the Peace Association is responsible for addressing complaints received or issues raised by its members or members of the public. Complaints may be made about any aspect of the ACT Justice of the Peace Association, its members, its Executive or its operations.
Objective
The objective of all complaints handling is to resolve the issues raised by a complainant expeditiously and fairly. Where we receive a complaint that falls outside the scope of the Policy or that we cannot resolve in accordance with our Constitution, it may be referred to other bodies that are better placed to resolve them. We will treat all complainants respectfully and keep their identity confidential. We will only share details of a complainant and their identity with the consent of the complainant unless required to do otherwise by law.

We recognise that complaints may be lodged about ACT Justices of the Peace who are not members of the Association, however we aim to take a pro-active approach to remedy any real or perceived poor behaviour or service on the part of ACT Justices of the Peace.

Complaints may be made by a member of the public or other Justices of the Peace about behaviour, service provision, availability of JPs and a range of other matters concerning Justice of the Peace operations, including those at ACT JPA signing centres and at ACT police stations.

Complaints
This procedure deals with complaints brought to the attention of the Association through the ACT JPA website, or is expressed to a member of the Executive or to a Signing Centre Coordinator. Where a complaint is made about a Justice of the Peace through other channels and notified to the Executive, it will be tabled and a course of action agreed in the next Executive committee meeting. Complaints and negative comments may also be raised on the ACT JPA Facebook page or through other social media where it may not immediately come to the attention of the Executive but will be addressed at the first available opportunity.

On receipt of a complaint, the Association’s Executive will:

• record the name and contact details of the person making the complaint, the nature and substance of the complaint and relevant details, including the services requested and delivered (or not), and whether the services were completed;
• ascertain whether the complaint is about operations (eg, a Signing Centre not operating as advertised), or about an individual Justice of the Peace (eg, behaviour, service provision);
• in the case of an individual JP, establish whether the person complained about is a member of the Association. If the person is not a member, the matter may be referred to the relevant authority (currently Access Canberra) .
• Seek input from the complainant as to how they believe their complaint could be resolved to their satisfaction.

Facebook and other social media
The ACTJPA currently has a presence on Facebook where members of the public can post questions or can contact the administrator via private messaging on the Messenger app.

The account administrator should respond as soon as practicable to any member of the public who contacts the Association through social media. The administrator should outline the steps he/she will take to resolve the matter. The administrator should report the complaint and any action taken to the President.

Should negative comments be posted on the ACTJPA page, the administrator can remove or restrict the post and will contact the original poster/complainant directly to advise why that action has been taken and whether the Association will be taking further action.

Allegations of mis-conduct by a JP or complaints in relation to ACTJPA Signing Centres will immediately be escalated to the Executive and relevant Signing Centre Coordinator, as well as the post being removed or restricted to minimise the risk of public escalation of any issue. Complaints about the conduct of a JP may also be escalated to Access Canberra and/or AFP for investigation and resolution where it is found that the JP involved is not a member of the ACTJPA or the allegation is potentially in breach of the Justice of the Peace Code of Conduct.

The resolution or decision of the ACTJPA Executive in relation to complaints received will be communicated to the original poster via direct messaging and a statement posted on the ACTJPA page if agreed by all parties.
Acknowledging the complaint
The Secretary, in the first instance, will acknowledge a written complaint within 3 days of receipt and advise the Executive of the complaint and the circumstances that led to the complaint being made.

A conversation with a complainant should include a willingness to bring their issue/complaint to the attention of the Executive for further action if they believe that is warranted.

Addressing the complaint
The Executive will consider the complaint and, if considered necessary, discuss the matter with the complainant, the Signing Centre coordinator (where relevant) and the relevant ACT Justice of the Peace, depending on the nature of the complaint. The Executive will also consider the complainant’s preferred resolution of their complaint. Options may also include:
• Sharing the complaint with Access Canberra, noting that the complainant may already have lodged their complaint directly.
• Sharing information about the complaint with Volunteers in Policing, particularly if the complaint involves an Association member serving at a police station.
Resolution of complaints
The following list sets out potential actions to resolve a complaint and bring the matter to completion. There is often no single solution to a complaint. Given the Association’s limited power and capacity to resolve issues, it is important to ensure that the Association protects its reputation and is seen as responsive, respectful and able to take steps to ensure the continued good opinion of JPs in the ACT.

• Depending on the complaint and circumstances, explain to the complainant what the ‘normal’ JP process is. For example, why do JPs request and record a client’s ID before delivering a service? How do JPs protect client information?
• If the Executive deems that counselling is warranted, arrange a meeting with the Association member with both a member of the Executive and the Signing Centre Coordinator present.
• Write an anonymised piece for Justice Matters that highlights the nature of the complaint, together with the real or perceived offence and what gave rise to it. JPs, like most people, are often unaware of how their behaviour or demeanour comes across .
Closing the matter
• Advise the complainant that certain actions have been taken or are being taken and that the matter has been addressed. End with the hope that the complainant has a more positive experience next time they require JP services. Ensure they know where to find a JP.