12A. RESOLUTIONS OF INTERNAL DISPUTES

(1) In the event of a dispute between members (in their capacity as members) or between a member(s) and the association or a member(s) and the committee the following procedure shall apply.
(2) Each side of the dispute shall nominate a representative who is not directly involved in the dispute. Those representatives shall then attempt to settle the dispute by negotiation.
(3) Should the nominated representatives be unable to resolve the dispute within 14 days (or such other period they may agree upon) the dispute shall be referred to a person mutually agreed upon for mediation.
(4) In the event that no person can be agreed upon to mediate the dispute shall be referred to a community justice centre for mediation in accordance with the Community Justice Centres Act 1983.

12B. EXTERNAL DISPUTES WHO CAN MAKE A COMPLAINT

A complaint may be made by:

1) A person who is a client or former client of a counselor or psychotherapist;
2) A formally appointed guardian of a person who is deemed to be unable to make reasoned judgments in their best interest;
3) A health professional on the basis of direct information received from a client or other reliable source
4) A member of the public concerned about the actions of a member

That some member of the association

(a) Has refused or neglected to comply with a provision or provisions of these rules; or

(b) Has willfully acted in a manner prejudicial to the interests of the association,

12C. THE PROCESS OF MAKING AND HANDLING A COMPLAINT

The principle steps in the complaints and conciliation process shall be as follows:

Any complaint shall be made in writing to the secretary of Association of Personal Counsellors. Within 28 days of receipt of the complaint, the secretary shall refer the matter to the Association's Complaints committee and advise the complainant that the matter has been referred to the Complaints committee.

The Complaints committee shall meet to determine the validity of the complaint, based on the clauses 12B (4) (a or b) above

The complainant and member will receive a copy of the Complaints and Conciliation Procedure;

The Complaints committee shall
1. Appoint a Case Officer from one of its members
2. Inform the member that a complaint has been lodged;
3. Keep the member and complainant informed of the progress on the complaint.

12D. THE ROLE OF THE CASE OFFICER

a) The Case Officer will meet with the member and complainant separately, collecting additional information, clarifying the issues and / or requesting submissions from whomever he/she deems appropriate;
b) The Case Officer will complete the collection of information and documentation regarding the complaint, including the context of the complaint, by the due date set by the Complaints Committee;
c) The Case Officer will submit all the material including a summary and recommendation to the Complaints Committee as to whether, there is cause for a complaint a case for the member to answer;
d) The Case Officer will make a recommendation to the complaints committee, as to the most appropriate process for the resolution of the complaint;
e) The Case Officer will have four weeks after the collection of relevant information and documentation to prepare the summary and recommendations to the Complaints Committee;
f) The Case Officer may request an extension of time from the Complaints Committee, on the basis that such extension of time will allow for fairer and more diligent conduct of his/her task.

12E. THE ROLE OF THE COMPLAINTS COMMITTEE.

The Complaints Committee will receive the recommendations of the Case Officer, fully review the documentation and summary of the complaint provided, and make a ruling as to whether
1. There is cause for complaint;
2. Whether there is or is not a case to be answered.
The complainant and member will be informed by the chair of the Complaints Committee and this decision will be final.

If the decision of the Complaints Committee is that there is cause for complaint and a case for the member to answer, the Complaints Committee, in a timely manner, will map out a course of action appropriate to the nature of the complaint;
• Set dates for the appropriate meetings,
• Arrange any additional submissions or further meetings,
• Inform the complainant and the member of all relevant decisions and procedural details;

a) The course of action may include mediation and/or conciliation;
b) Where possible, the Complaints Committee will use mediation and conciliation as part of the process to address and/or resolve the complaint.
c) If mediation is chosen as a course of action then a clear description of the process, the role, impartiality and independence of the mediator and a contingency plan will be developed and offered to the complainant and member. Both the complainant and member must be fully informed of the benefits and limitations of the process, and agree to the process in writing.
d) If mediation is chosen, this process must be kept separate and distinct from all other present and future processes used to address the complaint.
e) If mediation is chosen, this process is not to be conducted concurrently with any other complaints process related to that complaint.
f) If mediation is used and an outcome is achieved, the fact of the satisfactory outcome will be reported in writing to the complaints Committee.
g) The findings are the outcome and assessment made by the Complaints Committee, of the information collected, the submissions made to the committee and the investigations of the committee;
h) The determinations are the consequent application of sanctions and recommendation for future changes and courses of action, that are both required and recommended to be taken by parties involved in the complaint;
i) The findings and determinations are very important to both the complainant and the member. Hence verbal and written delivery of the outcomes of the complaint process are intended as an opportunity for the complainant and the member, to separately use the time to ask questions and to hear the finding within the context of a discussion with the Complaints Committee;
j) If the finding(s) is that the complaint is upheld, sanctions will be applied to the member. This may involve a number of measures depending on the nature of the complaint.

12F RECORDING AND MONITORING THE OUTCOMES OF THE COMPLAINTS AND CONCILIATION PROCESS.

a) The outcome of the complaints process will be recorded with the Association's Complaints Committee;
b) The outcome of the complaints process against the member will be recorded in such a way as to protect the privacy of the member and complainant;
c) The outcome of the complaints process against the member will be recorded in such a way as to allow for monitoring of the application of sanctions, if any to the appropriate party;
d) The sanctions can range in severity and in detail of application. The sanctions will be directly related to the specifics of the complaint and the context of the complaint, but will also focus on;
e) Ensuring the safety and well being of members of the community;
f) Ensuring the future credibility of PPP where the severity of the complaint makes this an appropriate consideration;
g) Ensuring that standards, quality and credibility of the professional practice of counselling and psychotherapy are maintained;

 13. APPEALS

Following the above process, a member may appeal to the Association if necessary to a General Meeting of the Association as follows:

13A RIGHTS OF APPEAL

1. If the complainant or member does not accept the findings of the determination and have reasonable grounds for appeal, either may take the matter to appeal.

2. All appeals need to be made in writing stating the grounds for the appeal. Grounds for appeal include.

3. Key material was overlooked or not included in the report on the basis of the findings and determinations that were made by the Complaints Committee.

4. The Complaints Committee did not follow either the detail or the principle of the complaints procedure.

5. A clear statement of the grounds for appeal against a decision needs to be made, including supporting information, submission or other evidence, and submitted to the Secretary within in 28 days of the findings and a determination being handed down.

6. The Committee shall then appoint an Appeals Committee whose members shall have no conflict of interest or direct personal or professional relationship with either party in the appeal.

7. The Committee shall inform the parties in writing of the impending appeal.

8. The procedure for the conduct of an appeal shall be the same as the Complaints Procedure and will include all relevant material to the complaint.

9. The procedure of handing down and informing parties of the findings and determinations of the appeals committee will be the same as laid down for the Complaints Committee.

10. No business other than the question of the appeal shall be transacted;

11. The committee and the member must be given the opportunity to state their respective cases orally or in writing, or both; and

12. The members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.

13. If at the general meeting the association passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.

14. The committee will notify PACFA of any such resolution within 28 days of such a resolution being confirmed.