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Australian Electoral Commission
The Australian Electoral Commission (AEC) is an independent Commonwealth statutory authority committed to providing quality, impartial and accessible electoral services and programs to the Australian community.
Our Service Charter explains what we do and the standard of service you can expect from us. Where you believe we do not meet this level of service, we value the time taken to provide feedback and we commit to treating a complaint seriously, promptly and in line with this Complaints Management Policy (this policy).
We recognise properly managing complaints is important in helping us to deliver on our services, to evaluate and make continuous improvement in our delivery.
This policy sets outs the principles and processes that we will follow when we manage a complaint. In this policy we refer to the person or organisation that makes a complaint as a ‘complainant’.
The policy explains:
This policy document is for both internal and external use and is available from our website or on request from our staff.
We will review this policy regularly and update it as required.
The AEC recognises that the proper management and handling of complaints is a crucial aspect of our service, including evaluating and making continuous improvement in our delivery. We are committed to making the complaints process, transparent and accessible, to be responsive within our stated service levels and to treat complaints fairly whilst maintaining confidentiality of personal information. Complainants can expect to receive a response from the AEC and have a right to an internal review if they are unhappy with the decision made.
The objective of this policy is to define a clear complaints management policy that is transparent, consistent and contributes to the AEC’s agency direction of delivering high quality electoral services.
The AEC’s complaints management process is guided by the following principles:
We are committed to making our complaints management process accessible to all. Wherever possible, extra assistance is also available to complainants who may require particular assistance in making a complaint. We are also committed to ensuring that staff understand this policy and use it when managing all complaints.
We are committed to being responsive to complaints in both how we manage them and in how we use them to help improve our services and programs. This policy sets out what a complainant can expect from us when they make a complaint, including the steps involved and the expected timeframes.
We are committed to maintaining confidentiality when managing complaints and will handle and maintain personal information according to our Privacy Policy.
We are committed to managing complaints fairly and with integrity. We will maintain impartiality and treat all complainants with respect. Complainants have an opportunity to respond and seek a review of our response. Internal reviews of complaints will be undertaken by staff independent from the original complaint decision. Where appropriate, an external investigator may be engaged to review a complaint.
We are committed to transparency in all aspects of our complaints management process. This policy outlines how we manage complaints. When we respond to a complainant we will explain the assessment undertaken and the decision reached.
We are committed to managing complaints as efficiently as possible. We will provide complainants with updates on the progress of their complaint.
There are certain rights and responsibilities that a complainant can expect in our management of a complaint. The AEC also maintains some rights and responsibilities.
A complainant has the right to:
A complainant has the responsibility to:
A complainant can also assist us with managing their complaint by:
We have the right to:
We have the responsibility to:
A complaint is where an individual or organisation has expressed dissatisfaction to the AEC in relation to an AEC service, process or program, or where it is viewed the AEC has not met its expected quality of service. Complaints can be made by any individual, group or organisation.
We will keep a record of all complaints received and internal reviews undertaken. We will manage personal information collected for the purpose of managing a complaint or conducting an internal review in accordance with our Privacy Policy as well as the Privacy Act 1988.
Personal information collected during the complaint and/or internal review process, will usually be disclosed to the AEC business area to which the complaint relates and to staff members involved in managing the complaint or internal review. Where we are obliged to report details of the complaint or internal review to another agency, such as the Office of the Australian Information Commissioner, details may be disclosed as part of a report to that agency.
Personal information collected about a complainant or third party in relation to alleged breaches of the Commonwealth Electoral Act 1918, Referendum (Machinery Provisions) Act 1984 or the Fair Work Act 2009 may also be disclosed to the Australian Federal Police for the purpose of investigating any offence against Commonwealth law, or to the Commonwealth Director of Public Prosecutions for the purpose of prosecuting an offence.
Complaints can fall into the following broad categories:
Complaints of a general nature may relate to our products, services, programs or the conduct of a staff member.
Complaints of a legal nature refer to possible breaches of, or offences under, the Commonwealth Electoral Act 1918, Referendum (Machinery Provisions) Act 1984 or Fair Work Act 2009.
Complaints which relate to suspected instances where the Commonwealth Electoral Act 1918 is intentionally breached to obtain a benefit or cause detriment are considered electoral fraud.
A complaint cannot be considered by the AEC where it relates to matters outside the AEC’s areas of responsibility.
Depending on the broad category of the complaint that you wish to make, there may be certain requirements you need to follow.
| Online: | I’d like to make a complaint form |
|---|---|
| Post: | Australian Electoral Commission Reply Paid 9867 [your capital city] |
| Phone: | 13 23 26 (National) +612 6273 8606 (Overseas) |
| In person: | Visiting your local AEC office |
| Online: | I’d like to make a complaint form |
|---|---|
| Post: | The Chief Legal Officer Australian Electoral Commission Locked Bag 4007 Canberra ACT 2601 |
| Phone: | 02 6271 4411 |
The investigation of complaints of a legal nature must comply with relevant Commonwealth law and policies, and may take longer to investigate.
Further information on making a legal complaint.
| Online: | I'd like to make a fraud allegation |
|---|---|
| Post: | Fraud Control Manager AEC National Office Locked Bag 4007 Canberra ACT 2601 |
| Phone: | AEC’s Fraud Line 1300 795 898 |
The investigation of suspected cases of fraud must comply with relevant Commonwealth law and policies, and may take longer to investigate.
Further information on reporting suspected fraud.
| Online: | I’d like to make a complaint form |
|---|---|
| Post: | The Privacy Officer Australian Electoral Commission Locked Bag 4007 Canberra ACT 2601 |
| Phone: | 02 6271 4411 |
Further information is available from the AEC’s Privacy Policy.
You may withdraw your complaint at any stage during the process, however, we may continue to investigate the complaint. For withdrawing or following up an existing complaint, wherever applicable please quote the complaint reference number that was provided to you along with any additional details.
Please note that this does apply for complaints that were lodged anonymously.
| Name of complainant: | your full name or name of the group/organisation making the complaint |
|---|---|
| Contact details: | your contact details such as a phone number, email address and/or postal address |
| Details of complaint: | the details of your complaint, including:
|
| Contact request: | whether you wish not to be contacted regarding the complaint |
| Outcome: | an indication of the outcome you are seeking |
If you are a silent elector and do not wish to disclose your address, please let us know when making a complaint.
You have the right to make a complaint anonymously or under a pseudonym, however this may limit the investigation we are able to undertake and the response that we can provide. Further information is available from our Privacy Policy.
We recognise that some complaints may be lodged on one of our social media channels. If personal information is required to provide a response, we will ask you to communicate with us in a way which protects your privacy.
We recognise that some complainants may require extra assistance in making a complaint and we have processes in place to assist these complainants:
| TTY users | phone 133 677 then ask for 13 23 26 |
|---|---|
| Speak and Listen users | phone 1300 555 727 then ask for 13 23 26 |
| Internet relay users | connect to the NRS then ask for 13 23 26. |
If you would prefer to contact us in a language other than English a telephone interpreter service is available in 18 languages.
We may also be able to provide other assistance to assist you in the complaints process, on request.
Wherever possible, our staff will attempt to resolve a complaint at the time that it is received. These complaints will be managed according to the principles of this policy, however, the steps in the complaint management process may be undertaken concurrently, rather than sequentially.
| Channel | Format |
|---|---|
| Online: | I’d like to make a complaint form |
| Post: | Australian Electoral Commission Reply Paid 9867 [your capital city] |
| Phone: | 13 23 26 (in Australia) +612 6273 8606 (Overseas) |
| In person: | Visiting your local AEC office |
| Social media: | AEC Facebook, Instagram or Twitter accounts |
Once a complaint is received via any of the channels mentioned above, it is then assessed, assigned and acknowledged by the AEC prior to being investigated and responded to.
Each complaint will be assessed to determine:
This assessment will determine the estimated timeframe needed to respond to the complaint, whether the complaint can be resolved at the first point of contact or whether it needs to be escalated and if so, to whom.
We will record a complaint in our system and assign it with a unique identification number. This number will identify a complaint throughout the process and in all correspondence.
We aim to acknowledge all complaints within three working days.
If we expect a complaint may take longer than three days to provide a response, the complainant will be provided an initial acknowledgment confirming receipt of the complaint. This acknowledgement will provide an expected timeframe for response.
If we expect a complaint can be resolved within three working days, and a response is subsequently provided within this time, an acknowledgement will not be provided.
If we expect a complaint can be resolved within three working days, but a response is not subsequently provided within this time, an acknowledgement which confirms receipt of the complaint will be provided on or before the third day. This acknowledgement will also provide an expected timeframe for response.
The level of investigation needed to resolve a complaint will vary, as determined by the assessment, any specific requirements in legislation or AEC policy. It may also be revised once the process is underway.
If, during the investigation, a complaint is found to be more complex than originally expected, we will inform the complainant of a revised timeframe. We may also request additional information from the complainant at any stage in the management of the complaint.
We will advise the complainant of our response to their complaint, and any corresponding action that we will be taking.
We aim to provide a response to all complaints within ten working days, unless we have informed the complainant it will take longer.
Our response will explain the investigation undertaken and the conclusions reached. We will also advise a complainant of the review process available to them if they are dissatisfied with the process used to investigate their complaint or with our response.
If the complainant has requested that they not be contacted regarding the outcome of their complaint, we will not provide them with a response.
A complainant has the right to seek an internal review of our response to their complaint if they are dissatisfied with the process used to investigate their complaint or with our response.
General complaints do not have a time limit for requesting a review of their case, however, complaints of a legal nature, or those regarding fraud, or a breach of privacy may have specific time limits imposed for requesting a review of our response.
A request for an internal review of a complaint should be made, in writing wherever possible, to the AEC staff member who responded to the complaint, or as otherwise advised in the response provided.
You should provide the following details when requesting an internal review:
| Name of complainant: | your name or name of the group/organisation requesting the internal review |
|---|---|
| Details of review request: | the detail of your concerns, including:
|
| Contact details: | your contact details such as a phone number, email address and/or postal address |
| Outcome: | an indication of the outcome you are seeking |
If you are a silent elector and do not wish to disclose your address, please let us know when requesting an internal review.
You have the right to request an internal review anonymously or under a pseudonym, however this may limit the investigation we are able to undertake and the response that we can provide. Further information is available from our Privacy Policy.
The internal review process is undertaken following the same steps outlined in the complaints management process from ‘Assessment’ to ‘Response’.
AEC staff who were not involved in the original complaint process or response conduct an internal review. Staff involved in the review are provided with:
We aim to acknowledge a request for an internal review within three working days and provide a response within 15 working days. If the response is expected to take longer than 15 days we will contact the complainant to provide the expected timeframe.
A complainant has the right to seek an external review, however, we recommend that complainants use our internal review process before seeking an external review. In the case of some external review mechanisms, such as with the Commonwealth Ombudsman, an external review cannot be conducted until an internal review has been conducted.
Options for an external review include, but are not limited to:
| Acknowledgment | Provision of response |
|---|---|
| Acknowledgment provided to the complainant within three working days | Complainant responded to within ten working days |
*If a complaint is resolved within three working days an acknowledgment of the complaint is not provided.
| Acknowledgment | Resolution of response |
|---|---|
| Acknowledgment provided to the complainant within three working days | Complainant responded to within fifteen working days |
We strive to acknowledge and resolve complaints within these timeframes, however, if the matter is complex it may take longer to respond. If a complaint is likely to take longer, we will contact the complainant to provide the expected timeframe.
We recognise that complaints during the election period related to the conduct of the election must be handled promptly.
We will monitor how we perform in managing complaints against the standards set out in this policy. Complainants who make a complaint via the complaints form on our website will be advised that we may use their personal information to contact them for feedback about how we managed their complaint. At this time, complainants who make a complaint via post, phone, social media or in person will not form part of this feedback.
This policy has been informed by the following regulatory and policy standards:
The AEC acknowledges the Traditional Owners of country throughout Australia and recognises their continuing connection to land, waters, culture and community. We pay our respects to Elders past, present and emerging.