Authorised Complaints Assessor

Overview The City of Bayswater is seeking quotations from suitably qualified and experienced consultants to perform the assessment and determination functions for Division 3 behaviour complaints made under the City of Bayswater Code of Conduct for Council Members, Committee Members and Candidates. Management of complaints must be undertaken in accordance with the Code of Conduct Complaints Management Policy. About The City of Bayswater is a Western Australian local government located approximately eight kilometres north-east of the Perth CBD. It includes the suburbs of Bayswater, Bedford, Embleton, Morley, Noranda, Maylands and parts of Mount Lawley and Dianella. Scope The scope includes: Receiving and acknowledging referrals of valid Division 3 behaviour complaints from the Principal's Behaviour Complaints Officers Undertaking an assessment of each complaint in accordance with the process outlined in the Policy Making findings as to whether a behavioural breach of Division 3 has occurred Where a breach is found, recommending a proportionate and Policy-consistent behaviour improvement plan or other action, for example an apology, training or mediation Dismissing complaints that can properly be dismissed under the Code and Policy, including complaints that may be trivial, frivolous, vexatious, misconceived or otherwise outside the Code's scope Providing clear written reasoning and outcome reports suitable for notification to the complainant and the respondent, and for inclusion in the Register of Code of Conduct Behaviour Complaints Handling all complaint information and records in a way that supports the Principal's confidentiality, reporting and record-keeping obligations Applying the Principal's Code, Policy and other relevant legislation as the governing framework for all assessments and decisions Conducting assessments and any investigations in accordance with procedural fairness and natural justice, including giving the respondent a reasonable opportunity to respond to the allegation and evidence Using a structured method for each matter, covering complaint summary, issues, evidence, analysis, findings, reasons and recommendations, to support consistency and defensibility Complying with the Principal's confidentiality and information-security requirements, including secure storage and transmission of complaint information and limiting access to those with prior authorisation All Services must be undertaken in accordance with the Local Government Act 1995, the Local Government (Model Code of Conduct) Regulations 2021, the Code of Conduct for Council Members, Committee Members and Candidates, and the Code of Conduct Complaints Management Policy. Out of Scope The following are not included in the scope of this contract: Complaints that are not considered Division 3 behaviour complaints, including Division 4 conduct breaches, specified breaches or other matters that must be lodged directly with, or are dealt with by, the Local Government Inspector General customer service or service-standard complaints that are managed under the Principal's Complaint Management Policy Internal employee or workplace grievances that relate to staff and are handled through HR processes Provision of general legal advice to the Principal outside the context of specific behaviour complaints referred to in the Policy Contractor Requirements There are no specific mandatory qualifications or licences, however experience dealing with Code of Conduct complaints for local governments is preferable The Consultant must not have any conflict of interest with any party associated with the Principal's staff, Council Members, Committee Members or Candidates Any conflicts that arise during the contract must be immediately reported to the Principal's Nominated Representative for the contract Maintaining independence and managing conflicts by declaring any actual, potential or perceived conflicts to the Principal and complying with any directions or conditions imposed by the Principal to manage those conflicts Ensuring personnel undertaking the Services are appropriately trained and experienced in local government behavioural matters involving elected members, administrative decision-making and investigations, and the WA Model Code and Local Government Inspector regime Information Requested Declaration of any known, perceived, potential or actual conflicts of interest in Part 5, Return Schedules, at the time of submitting a response Contract Terms and Conditions The Principal reserves the right to request a review and rectification of Services if the Principal's Standards are not met, with a provided timeframe for rectification Continuous provision of inconsistent Services may result in Performance Management of the Consultant, which may result in termination of the contract The Consultant must meet agreed service levels, including target timeframes for acknowledgement of referral, commencement of assessment, issuing of determination and provision of progress updates on ongoing matters Instructions to Tenderers Upon contract award, the Consultant will be issued with relevant documentation and information, including: The Code of Conduct Complaints Management Policy (current version) for behaviour complaints under Division 3 The Principal's Code of Conduct for Council Members, Committee Members and Candidates, including Division 3 behaviour standards The Behaviour Complaint Form High-level information on past complaint volumes, types and indicative timeframes to inform resourcing and capacity planning Any relevant Council resolutions or administrative guidance that impact how Division 3 complaints are to be managed under the Principal's framework