Information for Complainants
Complaints lodged under the Disability Discrimination Act, Racial Discrimination Act, Sex Discrimination Act and Age Discrimination Act
HREOC provides a free service to handle complaints of discrimination,
harassment and unfair treatment.
The following information explains how
we will go about assessing and resolving your complaint.
You can withdraw
your complaint at any time.
1. Do we have the power to investigate your complaint?
HREOC cannot investigate all complaints of unfair
treatment. The complaints must be about an issue that is covered by federal
anti-discrimination laws.
We will look carefully at your complaint to
make sure that what you have complained about is covered by these federal laws.
We may ask you for more information before we make that decision.
We can investigate your complaint and an Investigation/Conciliation Officer will contact you to discuss the issue further.
Or:
You have complained about something that is not covered by federal anti-discrimination laws and we will write to you to explain why we cannot help you.
2. Investigating your complaint
The
Investigation/Conciliation Officer, on behalf of the HREOC President, will
contact you to discuss your complaint. We may need more information about what
has happened to you. We will also discuss what you expect from the complaint
handling process.
We will contact the person that you are complaining about
(the respondent) and will:
- tell them that you have made a complaint
- provide them with a copy of the complaint (without your personal contact details), and
- ask them to respond.
We may ask you and/or the respondent
to provide us with any relevant documents. We may also interview witnesses if
required. The law gives us the power to do this.
There is not enough evidence to support your complaint and the President decides to terminate the complaint. We will write to you and explain why. If you disagree with the decision you can apply to the Federal Court or Federal Magistrates Service to have your complaint heard by the Court. You must apply to the Court within 28 days of the date of the Notice of Termination advising you of the President’s decision.
Or:
The President thinks there is enough evidence to support your complaint and we will try to resolve the matter by conciliation.
3. Conciliation
We will try to help you reach an agreement
with the respondent that will resolve your complaint in a fair way. We may do
this by bringing you and the respondent together in a "conciliation conference".
The Investigation/ Conciliation Officer is impartial and will set the
standards for the conference. At the conference, you and the respondent will
have the chance to talk about your problems and look for solutions. It is not
necessary for you to be represented by a lawyer. 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.
We will discuss with you what approach you think would work
best.
You and the respondent reach an agreement about your complaint. We will help you to write up the agreement. We will then close the complaint file.
Or:
If you and the respondent cannot reach an agreement the complaint will be terminated by the President as it is unable to be conciliated. You may then make an application to the Federal Court or the Federal Magistrates Service to have your complaint heard.
4. The Federal Court / Federal Magistrates Service
If your
complaint is terminated by HREOC’s President you can make an application
to the Court to have your 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 formal and public process. Lawyers may
be involved to represent one or both sides.
The Court decides you have a valid complaint and makes an order against the respondent.
Or:
The Court dismisses your complaint. If the Court dismisses the complaint you may be ordered to pay the costs of the respondent.
5. Orders
If the Court agrees with your complaint it may order the respondent to do certain things, for example:
- pay you money as compensation for what has happened
- provide a service to you;
- 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?
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.
Complaints must be made in writing
If you cannot write in English, the Commission can organise for your complaint to be translated. The complaint should describe what happened, where it happened and who was involved.
Complaints must be sent to:
Director, Complaint Handling
Human Rights
and Equal Opportunity Commission
GPO
Box 5218
Sydney NSW 2001
Disclaimer: The information on this fact sheet is intended only as a guide. It is not a substitute for legal advice.
