Conciliation, review and determination

Overview of what happens with your claim if it is not resolved by the agency

If an agency cannot resolve your claim it is forwarded to the Public Sector Commission. The Commission then:

  • decides whether to deal with it
  • tries to conciliate
  • conducts a review and prepares a report
  • makes a decision including any remedy.

Deciding whether to deal with your claim

The Commission may decide not to deal with your claim or to stop dealing with it if it:

  • does not have the authority to deal with it
  • believes your claim is vexatious, frivolous, lacking in substance or not worth further action
  • believes your claim is being, or has already been, adequately dealt with by the Commission or another entity
  • believes your claim is solely about your competitive merit.

If the Commission decides not to deal with your claim it will inform you in writing and explain the reasons why.

If the Commission decides to deal with your claim it starts the conciliation and review process. If during the process the Commission decides to stop dealing with your claim it writes to you to explain why.

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