Complaints Policy
COMPLAINTS POLICY DAPTO UNITING CHURCH
1. Introduction
1.1 The Dapto Uniting Church operates as both a community-focused organisation and a workplace, as defined under the Work Health and Safety Act 2011 (NSW). In these roles, the Church recognises its broad range of legal and ethical responsibilities. These responsibilities encompass proactive and responsive measures to prevent harm and to address any risks or instances where harm may occur. That is, to both respond to complaints when they have been made and do all they can to prevent them.
1.2 This policy serves as a framework for identifying, managing, and resolving issues and risks in a timely and effective manner. By doing so, the Church seeks to uphold its commitment to providing a safe, inclusive, and respectful environment for all individuals connected to its activities. These include children, young people, vulnerable people, employees, leaders, volunteers, congregants, and the broader community.
1.3 The Church acknowledges that it has a duty of care to ensure that its practices align with statutory obligations and reflect its core values of compassion, integrity, and accountability. Through this policy, the Dapto Uniting Church demonstrates its dedication to fostering a culture of safety and trust within its community and workplace.
1.4 Dapto Uniting Church is committed to upholding relevant legislative and general legal obligations. Accordingly, church discipline processes shall defer to legal processes where necessary. For example, the Uniting Church of Australia Regulations provide processes for Church Discipline, which are defined as the exercise of spiritual authority. These provisions will be followed after legislative and regulatory responsibilities are implemented.
2. Purpose
2.1 This purpose of this Policy is to:
a) provide a consistent means of receiving and addressing complaints and concerns;
b) emphasise the importance of a trauma-informed approach to any allegation of harm to children or sexual misconduct;
c) outline the stages in an appropriate response to various types of complaints;
d) identify triggers for specific processes and reporting requirements;
e) consider the requirements of procedural fairness, risk management and transparency; and
f) allocate key responsibilities in ensuring that the policy and associated procedures are implemented.
2.2 This policy also addresses reportable conduct responsibilities and in doing so forms part of a suite of policies designed to uphold the NSW Office of the Children’s Guardian (OCG) Child Safe Standards.
2.3 This policy is part of Dapto Uniting Church’s commitment to a culture of safety (Safe Church).
3. Scope
3.1 This Policy applies to all employees and volunteers of Dapto Uniting Church, including:
a) Ministers in placement
b) Pastors
c) Staff
d) Volunteers
e) Contractors
f) Church Council members
g) Members of sub-committees of Church Council, eg Finance & Property Committee and Op Shop Committee
h) Leaders or organisers of Dapto Uniting Church activities or programs
i) Any other person who would be considered an employee or deemed a worker by NSW and/or federal legislation.
3.2 This Policy is to be applied prior to the application of any relevant steps outlined in the Uniting Church of Australia Regulations Chapter 5: Church Discipline.
3.3 This Policy applies to complaints. This Policy does not apply to performance management issues, interpersonal conflict, or grievances related to strategy or opinion – unless such matters give rise to conduct that falls with sections 5.1 and 5.2 of this Policy.
4. Regulatory Context
4.1 Requirement to have Complaints Policy - Children’s Guardian Act 2019 (NSW) s8D(1)(d)
4.2 Reportable Conduct - Children’s Guardian Act 2019 (NSW) Part 4
4.3 WHS notifiable incidents - Work Health and Safety Act 2011 (NSW) Part 3
4.4 Unfair Dismissal - Fair Work Act 2009 (Cth) Part 3
4.5 Responsibility to report to police - Crimes Act NSW s316 and 316A (Concealing Offences)
5. Report or complaint is made
Prior to making a complaint
5.1 If anyone is in immediate danger, contact Emergency Services on 000.
5.2 If a child has been harmed or is at risk of significant harm, ensure that all child protection reports are made pursuant to the Mandatory Reporting Policy.
How complaints may be made
5.3 Anyone may make a report or complaint of any kind, including:
a) allegations of breaches of the Code of Conduct
b) allegations of Reportable Conduct
c) allegations of discrimination
d) allegations of harassment
e) allegations of bullying
f) allegations of inappropriate behaviour
g) notifiable incidents
h) or any other serious concern regarding the actions of staff, volunteers or representatives of the Church.
5.4 Complaints may be made to:
a) The supervisor or manager of the relevant person (if the complaint is regarding the supervisor, then the individual is encouraged to contact the Dapto UC Safe Church Team).
b) The Minister in placement
c) Members of the Safe Church Team
d) Members of Church Council
e) The confidential and independent reporting hotline, Speak Out. Anyone may use this service, including staff, volunteers, congregation members, and members of the public.
Synod Speak Out in Confidence Service https://nswact.uca.org.au/speak-out-in-confidence/
Speak Out Service Phone: 1800 951 145
5.5 The person to whom the report is made must contact the Synod Culture of Safety Team who will:
a) ensure that the report or complaint is allocated to a Synod Reviewer; and
b) if the report relates to a Minister, notify the Associate Secretary.
5.6 If a report is made to the Speak Out service:
a) Core Integrity will receive and triage the report
b) Core Integrity will seek to clarify the report and verify details but does not make any enquiries that may constitute investigation.
c) Core Integrity reports the matter to the Synod Associate Secretary, including highlighting if there are any red flags such as reporter distress, or if the matter is urgent.
d) The identity and contact details of the reporter are only provided to the Synod with the reporter's permission.
6. Report is received by the Synod Reviewer
6.1 The Synod Reviewer will determine whether the report or complaint meets the threshold for any one or more of the following:
a) Police report
b) Reportable conduct
c) Mandatory reporting
d) Breach of a Code of Conduct
e) Notifiable Work Health and Safety incident
f) Insurance notification
g) Privacy breach
6.2 The Synod Reviewer will conduct a risk assessment and ensure appropriate risk mitigation, considering:
a) The safety of the complainant
b) The safety of any children and/or vulnerable adults
c) The safety of any employees or volunteers, with particular consideration for psychosocial risks
6.3 It may be appropriate to suspend or stand down an individual where a complaint has been made with regard to their conduct.
a) It is presumed that suspension or change in duties will be appropriate where there is an allegation of sexual misconduct or harm to a child or young person.
b) Where the individual is a Minister, the Synod Reviewer will consult with the Moderator and/or the Associate Secretary. The Moderator will determine whether to exercise their power under Regulation 5.7.5(a) and 3.6.3.2(i) to stand the Minister aside.
c) Any suspension or standing down is taken as a measure of precaution and will not be considered an indication of guilt or wrongdoing and will not, in itself, constitute a record of disciplinary action.
d) The Synod Reviewer will determine and document whether an external investigation, internal investigation, informal consideration or no action is appropriate. The Synod Reviewer will record reasons for their decision
7. Report is considered or investigated
Appointing an Investigator
7.1 No investigation will be commenced where it may prejudice any police matter. If there is any doubt, the Synod Reviewer will consult with police before proceeding.
7.2 Where an external investigation is considered appropriate, the Reviewer will appoint an external Investigator and instruct them to follow the Complaints Procedure.
7.3 Where an internal investigation is considered appropriate, the Reviewer will appoint an appropriate internal Investigator, being mindful of potential conflicts of interest, and instruct them to follow the Complaints Procedure.
7.4 Where an informal consideration in considered appropriate, the Reviewer will take such steps as they consider appropriate to consult with stakeholders and document an outcome.
Conducting an Investigation
7.5 The Investigator is to investigate the complaint (or concern, or allegation) according to the relevant Procedure for Responding to Complaints.
7.6 In investigating the complaint, the Investigator is to:
a) act in good faith, without bias and without unreasonable delay;
b) collect and document evidence, including by conducting interviews and taking statements from the complainant and other witnesses; and
c) maintain a record of all relevant evidence obtained and steps taken in the investigation.
7.7 The Investigator is to provide a report to the Synod Reviewer upon completion of the investigation and such interim reports as the Synod Reviewer requests.
The matter is concluded
7.8 The Synod Reviewer will consider the Investigator’s Report and take such action as is appropriate in accordance with the Procedure for Responding to Complaints.
7.9 The Reviewer will ensure that the outcome is communicated to the person subject to the complaint and the person who made the complaint.
7.10 The Reviewer will ensure that appropriate records are kept regarding the investigation and the outcomes.
8. Support and protections
8.1 The Reviewer will ensure that adequate pastoral support, usually including EAP assistance, is offered to:
a) the complainant
b) the person or people subject to the complaint
c) anyone else who may be impacted by the complaint or investigation
9. Responsibilities
9.1 Employees (including volunteers) of Dapto Uniting Church:
a) Any employee or volunteer of Dapto Uniting Church who becomes aware of an allegation of Reportable Conduct must communicate that information to the Safe Church team, who will contact the Synod General Secretary.
b) All employees and volunteers are responsible for reporting WHS hazards and for taking reasonable care for their own health and safety and the health and safety of others.
9.2 Dapto Uniting Church Activity leaders
a) Activity leaders are responsible to ensure that volunteers are aware of their responsibilities and receive sufficient training to enable them to discharge their responsibilities.
9.3 Synod Reviewers
a) Synod Reviewers are responsible for understanding and identifying triggers for specific complaint types.
b) Synod Reviewers are responsible for the implementation and documentation of the Complaints Procedure in relation to any complaint.
9.4 Head of entity
a) Where a matter is identified as a Reportable Conduct matter, the Head of Entity (in most instances the General Secretary) will be the Synod Reviewer.
b) Where the General Secretary has delegated Head of Entity responsibility to a particular role for a particular scope, that acting Head of Entity will be the Synod Reviewer for any Reportable Conduct matters within the relevant scope.
9.5 Church Council
a) The Church Council is responsible for ensuring that the Complaints Policy is reviewed regularly.
b) The Church Council is responsible to ensure that there are sufficient resources available to implement the Complaints Policy.
10. Definitions
Bullying
When an individual or group of individuals repeatedly behave unreasonably towards a worker or group of workers and that behaviour creates a risk to health and safety. See Fair Work Act (Cth) s789FD
Discrimination
Adverse action towards an individual or group on the basis of a Protected Attribute (see definition) that is not
• a result of the inherent requirements of the position concerned, or
• action taken in good faith in accordance with UCA doctrine to avoid injury to religious susceptibilities.
Harassment
Unwelcome behaviour or conduct by a person (which may be verbal, physical or electronic such as email, instant messaging or social media) that intimidates, offends, belittles, threatens or humiliates another person. This includes harassing someone on the basis of them (or an association of theirs) having a Protected Attribute (their race, sex, pregnancy, marital status, family responsibilities, breastfeeding, age, disability, sexual orientation, gender identity or intersex status).
Inappropriate Behaviour
Includes behaviour which could constitute Bullying, Harassment, Sexual Harassment, Sex-based Harassment, Discrimination, Vilification or Victimisation.
Notifiable Incident
A notifiable incident means
a) the death of a person, or
b) a serious injury or illness of a person, or
c) a dangerous incident.
Procedural fairness
Procedural fairness is a flexible obligation to adopt fair procedures which are appropriate and adapted to the circumstances of the particular case. It relates to fairness in the process of decision-making rather than the outcome of the decision. Procedural fairness will usually include providing the Respondent with enough information about the complaint to enable them to answer and allowing the Respondent a right of reply where new information is received.
Protected Attribute
Protected Attribute means certain protected characteristics, e.g. a person’s:
a) age;
b) physical or mental disability;
c) race, including colour, national or ethnic origin or immigrant status;
d) sex, pregnancy, breastfeeding, marital status and family or carer’s responsibilities’
e) sexual orientation, gender identity and intersex status;
f) religion, political opinion, or social origin;
g) subject to family and domestic violence.
Reportable conduct
Reportable conduct applies to anyone required to hold a WWCC for their engagement with the Church.
a) Sexual offence (offence of a sexual nature committed against, with, or in the presence of a child)
b) Sexual misconduct (sexual conduct with, towards or in the presence of a child; other than an offence)
c) Ill-treatment of a child (conduct that is unreasonable and seriously inappropriate, improper, inhuman or cruel)
d) Neglect of a child (significant failure to provide adequate and proper food, supervision, nursing, clothing, medical aid or lodging for the child, that causes or is likely to cause harm to a child, by person with parental responsibility, an authorised carer or an employee, if the child is in the employee’s care)
e) An assault against a child (assault includes intentional or reckless application or force OR cause another to apprehend immediate and unlawful violence)
f) An offence under s43B or 316A of the OCG Act.
g) Behaviour that causes significant emotional or psychological harm to a child.
h) Reportable Conduct can be conduct in any circumstances and is not limited to workplace related conduct.
Sex-based Harassment
Sex-based Harassment is unwelcome behaviour that is sexist and demeaning in nature, where a reasonable person would anticipate that the person subjected to the behaviour would be humiliated, offended or intimidated. The behaviour is not necessarily sexual.
Sexual harassment
Sexual harassment includes any unwelcome sexual advance, unwelcome request(s) for sexual favours or other unwelcome conduct of a sexual nature where a reasonable person would have anticipated the possibility that the individual subjected to the behaviour would feel offended, humiliated or intimidated.
Conduct of a sexual nature
Conduct of a sexual nature includes sexual gestures, inappropriate physical contact, intrusive comments about a person’s physical appearance or private life, inappropriate staring, or jokes of a sexual nature whether in person or by text or electronic message.
Vilification
Vilification is a public (not private) act that could incite hatred, serious contempt or ridicule towards a person or group of people who have a particular characteristic.
Workplace
Workplace includes:
a) at an individual’s usual workplace;
b) where an individual is working from home or at an approved alternative location, including when the individual is attending church or a community member’s premises in the course of work; and
c) where an individual is representing the Synod or engaging in work related activity such as community consultation, conferences, training, business trips and social events whether or not on Synod owned or run premises.
Approved by Church Council at its meeting on 29 January 2025.