Conciliation – how it works
Many complaints that the Australian Human Rights Commission
receives are resolved through conciliation.
Conciliation is an informal, flexible
approach to resolving complaints – matters can be settled by an exchange
of letters, a telephone negotiation between the Commission and the people involved, a
telephone conciliation conference or a face to face conciliation
conference.
We will discuss with you the
best way to try and resolve the complaint and what sort of outcome you are
seeking. We will also talk with the respondent about the options they have and
the benefits of resolving the complaint through conciliation.
The conciliation conference is not a
public hearing, a court of law or a tribunal. That means parties do not have to
prove or disprove the complaint. Instead conciliation allows people to state
their point of view, discuss the issues in dispute and settle the matter on
their own terms.
There is generally no
need for legal representation. However, parties may request that a lawyer,
advocate or support person attend the conference with them.
The Commission is an impartial third party
during the conciliation process. Our role is to assist the parties to consider
different options to resolve the complaint and provide information about
possible terms of settlement. We can also help write up the conciliation
agreement.
Outcomes will vary depending
on the nature of the complaint. However, agreements can include an apology,
reinstatement to a job, compensation for lost wages, changes to a policy or
putting in place anti-discrimination policies.
If the complaint can’t be
resolved through conciliation, you can apply to have the matter heard in the
Federal Court or the Federal Magistrates Court
- For more information about conciliation - Understanding and preparing for conciliation
Find out more:
- Pathways to Resolution - order a DVD guide to the Commission’s conciliation proces
- Information for Advocates and lawyers about conciliation
- Conciliation register - summaries of selected conciliated complaints
- Charter of Services - our commitment to provide you with a prompt, clear and fair service.
Contact us
For more information, contact the Complaints Infoline on 1300 656 419 (local call) or 02 9284 9888. You can also send us an email at complaintsinfo@humanrights.gov.au.
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