This website is provided “as is” without any representations or warranties, express or implied. Coal Train Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Coal Train Pty Ltd does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.

Coal Train Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Coal Train Pty Ltd has been expressly advised of the potential loss.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Coal Train Pty Ltd’S liability in respect of any:

death or personal injury caused by Coal Train Pty Ltd’s negligence;

fraud or fraudulent misrepresentation on the part of Coal Train Pty Ltd; or

matter which it would be illegal or unlawful for Coal Train Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

You accept that, as a limited liability entity, Coal Train Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Coal Train Pty Ltd’S officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Coal Train Pty Ltd’S officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Coal Train Pty Ltd.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

This website disclaimer is based on a precedent created by http://www.template-contracts.co.uk/ and published by http://www.freenetlaw.com

• To set out the Company’s commitment to resolving complaints in a fair, constructive and timely manner
• To provide a clear and comprehensive Complaints procedure to ensure all students, clients, employees and other stakeholders are aware of the steps to take to have their dissatisfaction addressed appropriately
• This policy provides an avenue for students to make complaints and have them dealt with impartially at no cost to themselves
• This policy is publicly available

Complaint – an informal or formal expression of dissatisfaction in regard to any aspect of the conduct of services, training, trainers, assessors or other staff, including third party providers, of Coal Train.

Complainant – The person who has lodged a complaint with Coal Train

Respondent – A person or party against whom a complaint is lodged.

Coal Train has developed this Complaints procedure and process to:

• Ensure an effective, timely, fair and equitable complaints system that is accessible and available to complainants at no charge
• Ensure that any complaints are resolved promptly and objectively
• Ensure that there is a consistent response to complaints
• Ensure that the views of the complainant is respected and that any party to the complaint is not discriminated against or victimised
• All formal complaints will be recorded on the Complaints and Appeals Form
• Ensure that all stakeholders have a clear understanding of the steps involved in the procedure

Complaints may be made in relation to any of Coal Train’s services, activities and decisions.

A complaint may include, but is not limited to:

• Course advice and enrolment
• Suspension and/or cancellation of enrolment
• Course delivery
• Marketing and promotional activity
• Personal safety
• Customer service and administration
• Issue of results, certificates, statement of attainments
• Learning resources
• Fees and charges
• Equity and access, discrimination, harassment and bullying

Students and clients are encouraged to resolve concerns or difficulties directly with the relevant trainer or other staff member or by contacting Coal Train’s CEO, who will consider the issue and recommend a resolution before it becomes a formal complaint.

If the issue is resolved to the complainant’s satisfaction in the first instance the actions shall be recorded in and closed out by way of the Continuous Improvements Register.  All relevant staff will be informed of the complaint.

If an issue is not resolved to the complainant’s satisfaction during the informal process, then the complainant will be advised to register a formal complaint using an official Complaints and Appeals form which will be submitted to Coal Train CEO for a full internal review.

All formal complaints will be acknowledged by the Executive Manager, in writing, directly to the complainant and/or person initiating the complaint.  Written acknowledgement will be returned within 24 hours of having received the complaint.

In reviewing the complaint, the CEO will:

• Address the complaint as quickly as possible
• Ensure the complainant has the opportunity to discuss the complaint with the CEO
• Review the complaint and present all decisions, including reasons for the decision, in writing to the complainant

Should the complaint remain unresolved following the formal review by the CEO, the complainant has the right to lodge a complaint externally with an appropriate external agency such as the ones below:

• ASQA (Australian Skills Quality Authority)     ·     The National Training Complaints Hotline
• Queensland Training Ombudsman

No student, staff member, stakeholder or member of the public will be disenfranchised in any way during the complaints and resolution process.  A student’s progress through a course will not be disrupted whilst a complaint is being heard unless the nature of the issue itself means further progress is not possible.

Strict confidentiality will be observed through all stages of the resolution process and all communications and proceedings arising will remain confidential at the conclusion of the complaints resolution process.

Complainants have the right to nominate a third party representative (support person) if they require.  The representative may be a professional representative, counsellor, family member, friend or any other such person that the complainant chooses.

All documentation handled under this policy and procedure and their outcomes shall be maintained for a period of at least five (5) years to allow all parties appropriate access to these records.

Coal Train will respond to all formal complaints within 20 days of the complaint being lodged.  However, if the matter is escalated to an external agency, the resolution may take longer.  If it is expected that more than 60 days will be required to process and finalise the complaint, Coal Train will:

• Inform the complainant in writing explaining the reason why the process will take in excess of 60 days
• Regularly update the complainant on the progress of the complaint

All issues, regardless of being informal or formal will be registered in Coal Trains Continuous Improvements register and subsequently, the potential cause of the complaint will be identified.  Corrective and preventative actions will be implemented to eliminate or mitigate the likelihood of reoccurrence.  This includes any change to processes and procedures to avoid similar complaints  arising in future.

This policy outlines the process for learners to appeal decisions made by Coal Train regarding assessment outcomes, training procedures, or any other relevant matters, in accordance with the Standards for Registered Training Organisations (RTOs) 2015, specifically Clauses 17-54 and 61-66.This policy is available publicly.

Appeal – a request to review a decision, typically an assessment, made or assessed by Coal Train trainers, assessors, third party service providers and other Staff

This policy applies to all learners enrolled in courses offered by Coal Train.

Coal Train is committed to providing fair and transparent processes for learners to appeal decisions. The following principles underpin our appeals process:

• All learners have the right to appeal decisions made Coal Train without fear of reprisal or discrimination.
• Appeals will be handled promptly, fairly, and impartially.
• The privacy and confidentiality of individuals involved in the appeals process will be respected and maintained.

Learners who wish to lodge an appeal must do so in writing within seven (7) business days of being notified of the decision they are appealing against. Appeals should be submitted to the Executive Manager, please email admin@coaltrain.com.au, ATT Executive Manager – Appeal Decision

• Upon receipt of an appeal, the designated appeals officer will acknowledge receipt within three (3) business days.
• The appeals officer will review the appeal and gather any necessary information or documentation.
• An appeals panel, consisting of impartial assessors not involved in the initial decision, will be convened to consider the appeal.
• The appeals panel may request additional information or clarification from the learner or relevant parties.
• The appeals panel will make a decision based on the available evidence 20 business days of receiving the appeal.
• The decision of the appeals panel will be communicated to the learner in writing, along with the reasons for the decision.

Possible outcomes of an appeal include:

• Upholding the original decision.
• Amending the original decision.
• Recommending further action or investigation.

If the learner is not satisfied with the outcome of the appeal, they may request a further review by an external body, such as the Australian Skills Quality Authority (ASQA).

Records of all appeals and their outcomes will be maintained in accordance with Coal Train’s records management policies and procedures.