Information Sheet
Information for respondents, for complaints lodged under the Human Rights and Equal Opportunity Commission 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 close the complaint.
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 conciliation is not successful or
not appropriate, and HREOC finds that there has been a breach of human rights,
the HREOC President can report on the matter to the Federal-Attorney General.
The report must be tabled in parliament.
Matters raised during conciliation discussions
cannot be included in the President’s report about the
complaint.
You and the respondent reach an agreement about your complaint. We will help you to write up the agreement and then close the complaint file.
Or:
If the complaint cannot be resolved through conciliation, the President may report to the Attorney General about the complaint and make recommendations for action.
4. 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.
