Information for Respondents
Complaints lodged under
the Disability Discrimination Act,
Racial Discrimination Act, Sex
Discrimination Act and Age Discrimination Act
HREOC provides a free and impartial service to handle
complaints of discrimination, harassment and unfair
treatment.
The following information explains
how we go about assessing and resolving
complaints.
1. Do we have the power to investigate the complaint?
HREOC has a
legal right to investigate a complaint about an issue covered by federal
anti-discrimination laws. If a complaint is made against you or your
organisation the process guarantees your right to fair treatment. You are
entitled to know about the complaint and to have an opportunity to respond to
its claims.
You do not have to have legal
advice to respond to a complaint, although you may choose to do so. You may also
seek advice from other organisations, such as an industry or employer
group.
2. Investigating the complaint
The Investigation/Conciliation
Officer handling the complaint will contact you to discuss the complaint, on
behalf of the HREOC President. In some cases the matter may be relatively easy
to investigate and/or resolve and will only need to seek information from you
over the telephone.
In other cases the
President may write to you seeking information about the allegations and
requesting relevant documents. This could include witness statements, minutes of
meetings, copies of internal investigation reports and medical records. The
President has the legal authority to request information that is relevant to the
complaint.
The President will ask you to
respond within a set time frame. If you do not respond within the time frame, or
if you do not respond at all, the President may compel you to provide the
requested information.
The President will review
the information you provide and may give a copy to the complainant for
comment.
There is not enough evidence to support the complaint and the President decides to stop the investigation and terminate the complaint. You will receive a letter to explain the decision. The complainant may apply to the Federal Court or Federal Magistrates Service to have the matter heard by the Court. You will be advised by the Court if an application is made to have the matter heard by the Court.
Or:
The President thinks there is enough evidence to support the complaint and we will try to resolve the complaint by conciliation.
3.
Conciliation
If it seems that the complaint
can be resolved by you and the complainant we will try to help you both reach an
agreement in a fair way. We may do this by bringing you together in a
"conciliation conference", which is an informal, impartial and private process.
The conciliation officer is impartial and will set the standards for the
conference. At the conference, both parties will have the chance to talk about
the issues raised in the complaint and discuss solutions.
If the conciliation officer agrees, you may
have a lawyer, advocate or support person at the conciliation conference. It is
not necessary for you to be represented by a lawyer but if you do have a lawyer,
you must pay for the lawyer
yourself.
Conciliation processes are flexible
and sometimes matters can be settled by an exchange of letters, telephone
negotiation through the conciliation officer or by a telephone conciliation
conference.
If the complaint cannot be resolved
by conciliation, it will be terminated by HREOC’s President and the
complainant may apply to the Federal Court or the Federal Magistrate’s
Service to have the matter heard by that court.
You and the complainant reach an agreement and resolve the matter. We will help you to write up the agreement and then close the complaint file.
Or:
If you and the complainant cannot reach an agreement the complaint will be terminated by the President, as it is unable to be conciliated. The complainant may then make an application to the Federal Court or the Federal Magistrates Service to have the complaint heard in Court.
4. The Federal Court / Federal Magistrates
Service
If the complaint is terminated by
HREOC’s President, the complainant can make an application to the Court to
have the original allegations heard. That application must be made within 28
days of the Notice of Termination being issued.
Information about the Court can be obtained
from your local Federal Court Registry which is listed in the white pages of the
telephone book.
A hearing in the Court is a
more formal and public process. Lawyers may be involved to represent one or both
sides.
The Court decides there is a valid complaint and makes an order against the respondent.
Or:
The Court dismisses the complaint. The Court may order that the complainant pays the costs of the respondent.
5. Orders
If the Court upholds the complaint it may order you to do certain things, for example:
- pay you money as compensation for what has happened to the complainant;
- provide a service to the complainant;
- stop the discrimination.
6. Your questions
If you have any questions about how we will handle your complaint, please call our Complaints Infoline on (02) 9284 9600 or 1300 369 711 (local call cost).
Where can I find out more?
For further information on HREOC's Conciliation Process you can contact the Commission.
HREOC's contact details:
Post:
Human Rights
and Equal Opportunity Commission
GPO
Box 5218
Sydney NSW 2001
Telephone:
Complaints Info
line: 1300 656 419 (local call)
TTY: 1800 620 241 (toll free)
Fax: (02) 9284 9611
Online:
E-mail: complaintsinfo@humanrights.gov.au
Web site: www.humanrights.gov.au
If you are deaf or hearing impaired, the Commission can arrange for an Auslan interpreter if this is needed. You can also communicate with us by TTY by calling 1800 620 241.
If you are blind or visually impaired the Commission can provide information in alternative formats on request.
Disclaimer: The information on this fact sheet is intended only as a guide. It is not a substitute for legal advice.
