Administrative action complaints
Lodging a complaint
Report an issue or submit a customer request
Any initial concerns you have, or a request for service, should be managed in the first instance by lodging a customer request or reporting the issue via the Snap Send Solve app. These may include (for example) matters like:
- Animal management concerns (i.e. barking dogs)
- Abandoned vehicles
- Bins - Damaged wheelie bins
- Dogs straying
- Overgrown allotments
- Parking
- Potholes
- Public health concerns
- Signage
These requests or reports can be lodged by any of the following means:
Administrative Action Complaint
Council considers complaints regarding our administrative actions to be valuable input for enhancing services and processes.
Council has an Administrative Action Complaints Policy (ACC policy) to ensure that all complaints are dealt with in a fair and efficient manner.
If discussing your concerns with the appropriate team doesn't resolve an issue related to a decision or action, you can lodge an administrative action complaint. The AAC policy explains the complaint management process and the following list provides some examples of complaints that will be considered:
- A decision or a failure to make a decision
- An action or a failure to take action
- Competitive neutrality complaints
- Human rights complaints
- Complaints regarding the use of personal information
- Complaints made against employees
- Development compliance investigations
- Environmental nuisance investigations
- Insurance or liability claim decisions made by council
- Appeals of penalty infringement notices
How to make an Administrative Action Complaint
If you would like to make an Administrative Action Complaint, please submit your complaint as follows:
Council will acknowledge receipt of your complaint within three business days.
What to include in your complaint
Please provide the following information to assist us with the investigation of your complaint:
- The nature of the complaint in as much detail as possible
- Details of any loss or detriment you have suffered
- List any Mackay Regional Council staff, departments, other agencies or authorities you have already reported this matter to
- Your contact details - i.e. your name and at least one method of contact (phone, email, address)
- Evidence to support that you are an affected person or authorised by the affected person.
- An outline of the outcome you are seeking
- Enclose any supporting information such as photos, correspondence, contact details of anyone else who can support your complaint
- Whether you require an outcome communicated to you
The complaint must be lodged within 12 months of the decision or lack of action; or three months from the administrative action review decision date.
Anonymous complaints
Council gives customers the option to submit complaints anonymously or using a pseudonym, provided it is legally allowed and practical. These types of submissions must be detailed enough for an investigation, since follow-up questions may not be possible. Decisions cannot be given to those who remain anonymous.
When submitting such a complaint, please take into account:
- How serious the complaint is
- If it can be handled with the information provided (otherwise, it may not move forward)
- Whether the details are sufficient for a full investigation.
Useful tips when lodging your complaint
- Be clear and concise by telling us how you want the issue resolved. Think about what action you believe council should take to resolve your issue. Do you want an apology, a different decision or a change in the way things are done?
- It your matter is complex, it may more effective if you email council providing all copies of your supporting documentation.
- Please stick to the main facts. Please do not use any assumptions or innuendo and provide only as much detail as is needed for council to understand and resolve your issue.
- Ensure that your request is reasonable and realistic. Please keep in mind that Council must act in the interest of the general community and entire local government area. Council does not have jurisdiction to investigate complaints that may be as a result of neighbourhood disputes.
- Council acknowledges that these matters can be stressful and frustrating. Please be respectful of staff who are trying to address your complaint. Unacceptable behaviour will not be tolerable.
How long will it take to resolve my complaint
Your complaint will be recorded and you will be provided with a complaint reference number. This will occur within three working days of receipt of a complaint.
Council will respond to complaints promptly, considering resource availability, urgency, risk and complexity. Responses are generally provided within 30 business days, except in complex cases. If delays occur, you will be notified and updated on progress.
What if I'm not happy with the response given
If you are unhappy with council's decision in response to your administrative action complaint, you can request an internal review.
To request an internal review, you should put it in writing using one of the following methods:
If you are still not happy with the decision from an internal review, you may refer your complaint to the Queensland Ombudsman's Office. Their contact number is (07) 3005 7000.
Frequently asked questions
What is not an administrative action complaint?
Administrative action complaints do not include:
- Complaints outside of council’s jurisdiction
- Complaints made by a person who is not considered to be an affected person
- Initial requests for services or information
- A follow up or further request for service that has not yet been completed by council but is still within the timeframes previously advised
- Suggestions, enquiries or petitions
- Complaints regarding a decision made under a Local Law which is reviewable under a local law process
- Any matter covered by a separate statutory prescribed review process
- Complaints about Councillor conduct
- Complaints about the merits of a Council resolution
- Matters currently being dealt with or have been previously dealt with by a court, tribunal or external complaints agency
- Disputes about legal matters
- Liability claim decisions made by council’s insurer
- Neighbourhood disputes
- The provision of feedback in negative terms or social media complaints
- Complaints outside of council's jurisdiction
Are there any costs associated with lodging a complaint?
No, there are no fees or charges to lodge a complaint.
Do I have to put my complaint in writing?
No, you can lodge your complaint in writing or verbally. If you have a difficult or more serious complaint, we encourage you to lodge it in writing with all details set out. This can be done either by using the online complaint form, letter or email. See "How to lodge a complaint".
Will my identity remain confidential?
Yes. All complaints will be treated confidentially to the fullest extent possible under the law.
Can I lodge a complaint on behalf of someone else?
Yes, but if you lodge a complaint on behalf of an affected person, we will respond directly to that person, not to you as the person acting. If you provide a letter of authority confirming that you are acting on behalf of the affected person, we will respond to you instead.
What if I change my mind?
If you change your mind and wish to withdraw a complaint, you may do so at any time. If the original complaint was made in writing, the withdrawal should also be in writing.
If I make a complaint, can council refuse to investigate?
Yes, council can refuse to investigate a complaint if:
- The complaint is considered to be trivial, frivolous or vexatious, lacks substance or credibility
- The complainant does not have sufficient direct interest in the administrative action the subject of the complaint; or
- It is made using rude, aggressive, abusive or threatening language, or where the complainant is physically harassing or stalking a council officer(s).
- The complainant is pursuing the complaint through an alternative review process, or it has already been reviewed through an alternate review process.
I need assistance to make a complaint
To contact council in your own language through the Translating and Interpreting Service (TIS) telephone 13 14 50 and ask them to contact Mackay Regional Council on 1300 622 529.
If you need assistance because of a hearing or speech impairment, please contact the National Relay Service on 133 677.
- For Teletypewriter (TTY) users: phone 133 677 then ask for 1300 622 529
- For Speak and Listen users: phone 1300 555 727 then ask for 1300 622 529
- For Internet relay users: connect to the NRS (www.relayservice.com.au) and then ask for 1300 622 529
Privacy
Mackay Regional Council will endeavour to keep your information use any personal information collected for the purpose of investigating your complaint and to remain in contact with you. Council is authorised to collect this information under the Local Government Act 2009 and other local government legislation. Your personal information is dealt with in accordance with council's Information Privacy Policy.
Unless you specify otherwise, we will proceed on the basis that you consent to disclosure of necessary and relevant personal information to officers and other parties to assist council to assess and resolve the complaint. Your personal information will not otherwise be disclosed unless you consent, or the disclosure is required or authorised by law.
For more information on the disclosure of personal information, please refer to our privacy statement page.