The Family Court of Australia (FCoA) is committed to client service. This means that we are committed to responding effectively to feedback and complaints. This policy describes this commitment and how we put it into practice
Wherever possible, the administration of the FCoA will provide effective remedies for complaints where they are substantiated. Where it is not possible, this will be explained and as much information as possible given on how a complaint can be pursued. However, the Court will act consistently with its obligation of impartiality and, in particular, will not provide legal advice.
The FCoA complaints handling system is fair to FCoA personnel and clients, and anyone else involved. It is accessible, responsive, effective and accountable. People calling or writing with feedback or a complaint are treated courteously
This policy is intended to comply with Australian Standard AS 4269-1995 (Complaints Handling) and the Commonwealth Ombudsman’s Good Practice Guide for Effective Complaint Handling. In any case of doubt, it must be construed so as to comply with these publications and give effect to the Court’s commitment.
This policy applies to any complaint made to the FCoA except where the complaint must be dealt with in a special way. It also applies to the extent possible to matters referred to the FCoA by the Ombudsman, Members of Parliament and the Attorney-General's Department.
This policy applies to every Australian Public Service employee in the Family Court of Australia, contractors to the Court and contract staff (including one who is employed or engaged by a third party but works with the Court in its operations).
Because of specific legal or procedural requirements, some types of complaints must be dealt with in special ways. Where they exist, such requirements must be followed. Examples of some of these types of complaints are:
Wherever possible, matters raised orally must be dealt with immediately. Where this is not possible, such as where the matter is complex, the person raising it may be asked to write or email. People who have difficulty making their complaint in writing are to be helped to do so.
Complaints about the unreasonable delay in the delivery of a judgment, result of a case, or about the conduct of a judicial officer, may be addressed to the Chief Justice. View the Family Court’s judicial complaints procedure.
The Court aims to deliver all judgments promptly and has set a target of three months from the date the case is last heard or the last submission is received. Most judgments are delivered in much less than three months, but sometimes they take longer, particularly in complex cases.
A party may express concerns or may complain about delay in the delivery of a judgment in writing to the president of the bar association or the law society in the State or Territory in which the case was heard and request that the president take up the matter with the Chief Justice.
Complaints of this nature can also be made directly by letter addressed to the Chief Justice.
Concerns regarding judicial decisions in a case or about whether any other matter in connection with the case that is capable of being raised in an appeal, should consider whether or not to appeal to the Full Court of the Family Court. There are time limits for appeals and parties need to act promptly.
The Chief Justice has no power to interfere with any decision made by a single judge and complaints about the result of a case are generally outside the scope of the complaints procedure.
A complaint about conduct of a judge in court or in connection with a case in the Family Court or in connection with the performance of a judge’s judicial functions must be made by letter addressed to the Chief Justice.
If the Chief Justice considers that the complaint is about judicial conduct, she will determine whether the complaint, on its face, has substance. The complainant will receive a comprehensive response to all matters raised. Because the process cannot provide a mechanism for disciplining judges, the Court’s response will not address anything other than the substance of the complaint.
If the matter warranted it, the Chief Justice would bring the conduct complained of to the attention of the Attorney-General.
Where a complaint relates to a matter outside the Court’s responsibilities, such as legal representation, solicitor/client costs, legal aid or another Court, the complainant if possible is to be informed which person or body is responsible for it.
Complaints in relation to Federal Magistrates Court matters received by the Family Court will be referred to the Federal Magistrates Court.
Family Court registry managers will respond to complaints that relate to registry administrative issues.
Correspondence raising feedback or complaints must be dealt with on its merits and a substantive response given wherever possible and appropriate. The emphasis must be on providing a remedy where this can properly be done or explaining what has happened and why it has happened. Court staff must apply the principle of fairness in dealing with correspondence.
Where a matter cannot properly be dealt with by way of correspondence, the complainant must be informed promptly.
If an administrative mistake has been made, such as where applicable policy or guidelines have not been followed, then it must, as far as possible, be remedied and the person informed. If an apology is due, then it must be given.
Where a complainant is dissatisfied by the Court’s complaint process, or the response given to a complaint, the complaint may be escalated within the FCoA for review. For example, if a registry manager or the Client Feedback Coordinator gave the initial response, the matter may be referred to the Executive Director Client Services or to the Chief Executive Officer.
The complainant is to be informed where escalation occurs.
The Court will log feedback and complaints to enable it to monitor the progress of matters, its performance and to identify trends in complaints or compliments.
Anyone may complain, but confidentiality requirements will affect what can be said to a third party to a matter. Complaints and information about them are confidential and are to be handled in accordance with the Privacy Act 1988. However, where a complaint is made about an individual and the complaint is pursued, the principles of procedural fairness apply.
The Court may not respond to a complaint that is vexatious or lacks substance. A complaint of misconduct, including criminality or corruption, providing no supporting evidence may be treated as lacking substance. Repetitiously raising the same issues where a response has already been given and cannot be changed may be treated as vexatious. The complaints processes are not a means to harass the Court and its staff. Abusive or threatening conduct will not be tolerated, and may be treated as a breach of security.
This policy will operate subject to the principle of continual improvement. This means that its operation will be regularly reviewed and improvements introduced. The Complaints Coordinator in NSO will report on it to senior managers. It is intended that such reports will support improvements in client service generated from the complaints mechanism. They are also intended to help identify systemic or recurring issues so they can be addressed.
The Executive Director Client Services is responsible for implementing this policy generally. Registry managers are responsible for implementing it in their registries and professional heads and NSO managers in their areas of responsibility.
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