This is Valley FM’s internal policy manual for handling complaints and conflicts
Valley FM 89.5 - Complaints Handling Procedures
1. Background
In accordance with the Community Broadcasting Association of Australia’s directions, the responsibility for handling complaints about program content rests with our station. However, Code 7 of the Community Broadcasting Code of Practice outlines the procedures that need to be undertaken to handle complaints.
If a member of the public has a complaint about program content on Valley FM 89.5, then the complaint must first be made directly to Valley FM 89.5.
Internal conflict resolution (Code 6 in the Code of Practice) is covered in Annex E to this instruction.
This Instruction details Valley FM’s complaints handling process and outlines the required steps. It also has the following Annexes:
Annex A – contains the script for the Code of Practice sweeper;
Annex B – the form to be placed in the studio for announcers to fill in;
Annex C – the form to be used by Management;
Annex D – ACMA’s Website on Complaints Handling;
Annex E – handling internal conflicts and disputes (within Valley FM).
2. Handling Complaints
If the complaint relates to content that may be
, Valley FM Board of Management must contact our insurance company (AON) immediately, noting that we do not currently have defamation insurance.
The overall process for complaint handling should include issues such as:
- informing our listening audience about our complaints process
- informing our announcers of their responsibilities
- receiving complaints
- responding to complaints
- resolving complaints
- unresolved complaints
· notification of complaints
3. Informing Our Listening Audience
It is a requirement under Code 7 that all radio stations provide regular on-air information about the Community Broadcasting Code of Practice and how the audience may obtain a copy of the Code. It can also be located on the Valley FM website (athttp://www.valleyfm.com), and should be updated periodically if there are any changes.
Our radio station is permitted to develop our own policy about the number of times the announcement should be played, and we have done so. The Valley FM Board has agreed that the sweeper (entitled “Code of Practice”) must be broadcast at least once every 24 hours, in accordance with the Yellow Sheet (or whatever we use to replace that sheet, in its absence).
The following provides suggested wording for such an announcement, (but Valley FM has added quite a bit more information in our announcement, including all our contact details):
”This station subscribes to the community broadcasting code of practice. The code of practice outlines standards relating to program content such as news and current affairs, Australian music and sponsorship announcements.
The code also outlines the principles of diversity, independence and volunteerism as fundamental to community broadcasting.
If you have a complaint regarding something you have heard on this station, you should put your complaint in writing and send it to the station. If you would like a copy of the Code of Practice please call us”.
4. Informing Broadcasters
Valley FM’s Board of Management must take full responsibility for informing all our announcers as to what constitutes unacceptable program content. This must always be communicated during the basic Valley FM Training Course and backed up with documents about media law and station policy, and mentioned again at occasional workshops and gatherings. Many problems can occur at radio stations when announcers do not know the rules.
5. Receiving Complaints
Community feedback is an important way to connect with our listeners. Complaints don’t need to be viewed as wholly negative, and in many cases, complaints can be constructive and can function to our station’s advantage.
It is essential to ensure that a complaint is
at the station, who may be either the President/Station Manager or a Board Member.
It is most important to
. The person would not bother to make the call unless they felt they had a legitimate concern. Do not be dismissive of their decision to approach Valley FM. Assure them that their complaint will be taken seriously and will be dealt with professionally by Management.
It is reasonable and appropriate for Valley FM to request that complaints be made in writing and relate to a specific condition of license or the Code of Practice or to our station’s policies (we may also need to provide a copy of the Code of Practice.)
6. Responding to Complaints
Valley FM’s Management must respond to a written complaint within 60 days from the date the complaint is received. If available, the Board might listen to a log of the material in question, if it exists. (It is a condition of our licence, under the Broadcasting Services Act, that certain material should be logged, but Valley FM does not normally have that requirement – and has not done so – due to the nature of our programming, being predominantly music).
After due consideration of the available information, the appropriate person (usually the President) should determine Valley FM’s response. This may involve the disciplining (eg. suspension) of the announcer, as well as a written apology to the complainant (NB: this should not occur in the event of a potential defamation action), or maybe a diplomatic response confirming Valley FM’s commitment to the broadcast of the material in question.
In most cases, proper consideration and an appropriate response by Valley FM 89.5 will satisfy the complainant. The formal letter should contain an invitation to the complainant to discuss the matter further if required.
7. Resolving Complaints
If the complainant is dissatisfied with the station’s written response, then a number of actions may be taken, for example;
· further consideration of the complaint and a further response,
· no further response as the initial response was appropriate, or
· the option of attending a meeting on the matter.
If the complainant wishes to participate in a meeting, the presenter concerned and Valley FM’s President and Secretary should be invited to attend. The CBAA Handbook includes a chapter on Conflict Resolution for tips on how to conduct such a meeting.
8. Unresolved Complaints
Valley FM 89.5 is required by law to inform the person of their right to take their complaint to the Australian Communications Media Authority (ACMA) if the complainant is unhappy with Valley FM’s response, or if a response has not been received within the 60 day period.
For unresolved complaints, any correspondence should be addressed to:
The Manager
Codes and Conditions Section
Australian Communications Media Authority
PO Box Q500
Sydney, NSW, 1230
Tel: (02) 9334 7700
Fax: (02) 9334 7799
9. Code of Practice, Code 7
Notification of Complaints
The ACMA requires that a Record of Complaints (ROC) be maintained by a responsible person in a format ‘advised by the ACMA’. The Complaints Sheet developed by the CBAA provides an outline of a format acceptable by the ACMA.
Handling Complaints
The purpose of this code is to prescribe the manner in which complaints and other comments from members of the public will be dealt with.
7.1 Community broadcasting licensees acknowledge the rights of their audiences to comment and make complaints concerning:
(a) compliance with the Codes of Practice or a condition of the licence;
(b) program content; and
(c) the general service provided to the community.
7.2 Licensees will provide regular on-air information about Community Broadcasting Codes of Practice and how audiences may obtain them.
7.3 Community broadcasting licensees will make every reasonable effort to resolve complaints, except where a complaint is clearly frivolous, vexatious or not made in good faith.
7.4 Licensees will make appropriate arrangements to ensure that:
(a) complaints will be received by a responsible person in normal office hours;
(b) complaints will be conscientiously considered, investigated if necessary and responded to as soon as practicable; and
(c) complaints will be promptly acknowledged and normally answered within six weeks from receipt of the complaint.
7.5 Responses to written complaints will be in writing and will include a copy of the Code of Practice on handling complaints.
7.6 If the complainant indicates dissatisfaction with the response of the licensee, the licensee will advise the complainant of their right to refer the matter to the Australian Communications Media Authority.
7.7 A record of complaints in a permanent form will be maintained by a responsible officer of the licensee.
7.8 The licensee will provide the ACMA annually with a “Notification of Complaints” in a format advised by the ACMA.
7.9 Licensees will undertake to pass on all comments from the public, made in good faith, both complimentary and critical, to the individuals responsible for preparing and presenting the program(s) concerned.
Remember to treat all complaints from the public in a serious and polite manner. The person would not bother to make the call unless they held a genuine interest in their community radio station and felt they had legitimate concerns. Do not be dismissive of their decision to approach the station. Assure them that their complaint will be taken seriously and will be dealt with professionally.
NB: Complaints relating to potentially defamatory material must be relayed to your insurance company immediately, and should be handled by a defamation lawyer.
Nature of Complaint
A complaint should relate to a licence or Code of Practice condition.
Program associated with complaint
__________________________________________________
Date and Time of Program Broadcast
__________________________________________________
Person taking the complaint
__________________________________________________
Contact Details:
Name of person making the complaint
__________________________________________________
Address
__________________________________________________
Telephone Contacts
(B/H)_______________________________
(A/H)_______________________________
Annex A to
Valley FM’s Complaint Handling Procedures
Annex A – Wording of Valley FM’s Code of Practice Announcement
Note:
Valley FM’s policy is that this sweeper must be broadcast at least once every day.
Script:
“The Australian Broadcasting Authority has released a Code of Practice which covers ….
To obtain a copy of the Code, write to Valley FM at PO Box 112, Erindale, ACT, 2903.”
Annex B to
Valley FM’s Complaint Handling Procedures
Annex B – Form to be Completed by Anyone Receiving a Complaint
Note:
In addition to completing this form with as much information as possible, you must contact either Valley FM’s President (Chris Moy on 041 775 2494) or another Board member.
Time is critical with complaints, and postponing the process may increase the seriousness.
YOU MUST ALWAYS TO ALL CALLERS / COMPLAINANTS – DO NOT TRY TO DEFEND YOURSELF
** ASSURE THE COMPLAINANT THAT THEIR COMPLAINT WILL BE PASSED ON TO MANAGEMENT AND WILL BE DEALT WITH SERIOUSLY AND PROFESSIONALLY **
The Nature of the Complaint: ………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
Program Concerned: ………………………………………………………………………………..
Date/Day/Time: ………………………………………………………………………………………..
Announcer Involved: …………………………………………………………………………………
Name of Complainant: ……………………………………………………………………………….
Address and/or Contact Phone No.: ……………………………………………………………….
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
Any Other Information: ……………………………………………………………………………….
…………………………………………………………………………………………………………….
ASK THEM TO PLEASE SUBMIT THE COMPLAINT IN WRITING TO PO BOX 112, ERINDALE, ACT, 2903 – AND ASSURE THEM THAT THEIR COMPLAINT WILL BE PASSED ON TO MANAGEMENT AND WILL BE DEALT WITH SERIOUSLY AND PROFESSIONALLY.
Your Name: …………………………………………………………………………………………….
Date & Time (very important): ………………………………………………………………………
Was the Show Recorded?: YES / NO (circle one) – If yes,
(Please now call Chris Moy on 041 775 2494 or 6292.0332 (or contact a Board member ASAP)
Annex C to
Valley FM’s Complaint Handling Procedures
Annex C – Management’s Complaint Resolution Form
Complaints Process
The whole complaints process must be completed within 60 days from the date on which the complaint was first made.
Nature of Complaint: …………………………………………………………………………………
………………………………………………………………………………………………………….
Against: ………………………………………………………………………………………………..
By: ………………………………………………………………………………………………………
The appropriate person at the station is to insert dates:
· Received the verbal complaint ________________
· Received the formal complaint in writing ________________
· Checked the logged program material ________________
(and keep the log for 60 days if appropriate)
· Sent written station response to complainant ________________
· Organised follow-up with complainant (e.g. meeting) ________________
· Provided ACMA contact details to complainant, if necessary ________________
· Filed all paperwork for future reference ________________
Name of Station Representative: ____________________________________________
Position: _______________________________________________________________
Signed: ______________________________________ Date: _____________________
Annex D to
Valley FM’s Complaint Handling Procedures
Annex D – ACMA’s Website on Complaints Handling
Radio complaints
If you have heard something on the radio that you think breaches a code or standard, the first thing to do is to make a complaint in writing directly to the station you heard it on.
If you have already made a complaint to the station and have either not had a response within 60 days, or aren’t satisfied with their response, you can make a complaint to ACMA.
ACMA cannot accept complaints about the quality or scheduling of programs, or the content of advertisements.
Not sure where to address your complaint?
Ready to submit your complaint to ACMA? Complete the broadcasting complaints form.
Relevant Link to ACMA’s website:
http://www.acma.gov.au/WEB/STANDARD//pc=CONTACT_COMPLAINTS_OVIEW#radio
Annex E to
Valley FM’s Complaint Handling Procedures
Annex E – Handling Internal Conflicts (within Valley FM)
Grievance Mechanisms
When internal disputes, or conflict, occur within Valley FM between volunteers and/or Board members, the first step is negotiation between the disputants with the aim of bringing about agreement or settlement of the opposing demands or attitudes.
The idea is to approach, as soon as possible, the person that you have the grievance with. Don’t let it fester until your emotions are running on full-throttle, as what started off as a misunderstanding may become a crisis. The aim is to avoid ambushing them! Their responsibility is to acknowledge your concern regardless of whether the issue seems trivial to them, is a difference of opinion, belief, or priority. Acknowledgment doesn’t say either party is “right or wrong”. It simply recognises that the situation exists.
If now is not a good time to discuss the issue, we must feel free to honestly say that is the case, and to set up a mutually suitable time either later that day, or if not possible, then on the very next day that you will both be at the station. The topic for discussion and approximate time needed, will determine the agenda, time and place of the meeting. These steps allow most grievances to be handled between the parties concerned. The process empowers both parties to turn potential opponents into problem-solving partners.
When informal negotiations have failed to resolve the conflict, each party will be required to present verbally, and in writing to the Valley FM Board, their understanding of the dispute and what has led to it. The Board will use conflict resolution techniques to achieve an equitable solution. This will be done by consulting separately with the parties and then in joint discussion to develop a solution that will satisfy all parties. If agreement cannot be reached, a mutually acceptable external facilitator or mediator may be sought to assist.
Persons involved in the dispute resolution need to:
- Deal with issues promptly and fairly
- Listen to needs objectively & keep an open mind
- Avoid assumptions about motives and attitudes
- Develop options everyone owns & agrees will work
- Ensure everyone is committed to agreements
Suspension and Termination of Volunteers
If, having followed the grievance procedure, one party is still not satisfied, the Valley FM Board reserves the right to make a final decision on the matter, keeping in mind the best interests of Valley FM, its volunteers and its sponsors.
Suspension
When evaluating the actions of a station member it is important to distinguish between media law (a condition of the station’s licence), station policy (a formal rule that is understood by all) and informal expectations. Many breaches can occur because station volunteers are not aware of these rules. The Valley FM Board must take responsibility for the formal communication of what constitutes unacceptable broadcast content and/or behaviour.
If the behaviour in question is not serious or is considered accidental, a “three warnings” approach may be taken. If a program presenter has seriously breached media law or station policy, immediate suspension from broadcast activities may be pursued. All suspension should be followed up with a letter stating the seriousness of the breach and the processes for appeal. The appeal should be held as soon as practicable. Further training may be required before a suspension is lifted.
Termination
In the case where, having followed conflict resolution and grievance procedures, the Valley FM Board believes that membership termination be pursued, our station’s constitution must inform the process.
As in most constitutions, Valley FM’s Board must inform the party, in writing, of the grounds of membership termination. The member in question may be offered the right to appeal the termination and address Board members at a Board meeting. If the member elects to appeal the termination, the Valley FM Board may be required to organise and hold a general meeting within a certain time period. Members attending such a meeting may be required to vote on the motion to terminate the member. In such cases, the members’ decision is final.
Valley FM’s Constitution
Part II – Membership, in Valley FM’s Constitution, refers to discipline, suspension and termination of members as follows:
8. Cessation of membership
A person ceases to be a member of the Association if the person:
(a) dies, or in the case of a body corporate, is wound up; and
(b) resigns from membership of the Association;
(c) is expelled from the Association; or
(d) fails to renew membership of the Association.
12. Disciplining of members
(1) Where the Board is of the opinion that a member:
(a) has refused or neglected to comply with a provision of the rules; or
(b) has wilfully acted in a manner prejudicial to the interests of the Association, the Board may, by resolution:
(c) expel the member from the Association; or
(d) suspend the member from such rights and privileges of membership of the Association as the Board may determine for a specified period.
(2) A resolution of the Board under subrule (1) is of no effect unless the Board, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under subrule (3), confirms the resolution in accordance with this rule.
(3) Where the Board passes a resolution under subrule (1), the Secretary shall, as soon as practicable, cause a notice in writing to be served on the member:
(a) setting out the resolution of the Board and the grounds on which it is based;
(b) stating that the member may address the Board at a meeting to be held not earlier than 14 days and not later than 28 days after service of the notice;
(c) stating the date, place and time of that meeting; and
(d) informing the member that the member may do either or both of the following:
(i) attend and speak at that meeting;
(ii) submit to the Board at or prior to the date of that meeting written representations relating to the resolution.
13. Right of appeal
(1) A member or applicant for membership may appeal to the Board against a resolution by the Board which is confirmed under subrule 12 (4), within 7 days after notice is served on the member or applicant, by lodging with the Secretary a notice to that effect.
(2) Upon receipt of a notice under subrule (1), the Secretary shall notify the Board which will either deal with the matter in accordance with rule 42 or, alternatively, convene a general meeting of the Association to be held within 21 days after the date on which the Secretary received the notice or as soon as possible after that date.
(3) Subject to Section 50 of the Act, at a general meeting of the Association convened under subrule (2):
(a) no business other than the question of the appeal shall be transacted;
(b) the Board and the member or applicant shall be given the opportunity to make representations in relation to the appeal orally or in writing; and
(c) the members present shall vote by secret ballot on the question of whether the resolution made under subrule 12 (4) should be confirmed or revoked.
(4) If the meeting passes a special resolution in favour of the confirmation of the resolution made under subrule 12 (4), that resolution is confirmed.
Part IV – Miscellaneous, in the Valley FM Constitution, deals with grievance mechanisms, as follows:
41. Grievance mechanisms
(1) When disputes or conflict occurs within the station between members and staff, the matter has to be brought to the attention of either the President or the Secretary if reasonable means taken by the parties concerned to resolve the dispute have failed.
(2) When an external grievance is received, the Secretary will acknowledge receipt of that grievance within 48 hours, and the Board shall provide a response to that grievance within 28 days. If the complainant is not satisfied with the outcome, then conflict resolution procedures will apply if the complainant wishes to pursue the issue.
(3) Both parties will be required to present verbally and in writing their understanding of what the dispute is about and what has led to it. The Board will use conflict resolution techniques to achieve an equitable outcome.
(4) This will be done by consulting separately with the parties and then in joint discussion to work towards a solution that will satisfy each party. If one party is not satisfied with the decisions reached, a mutually acceptable mediator may be sought to assist in the matter.
(5) If after following the above procedure one party is not satisfied, the Board reserves the right to make a final decision on the matter, keeping in mind the best interests of the station and members.
Relevant link to CBAA’s website regarding conflict resolution: