What is conciliation?
Conciliation is where you and an agency representative explore options to resolve your claim with the help of a staff member from the Commission.
Benefits of conciliation include:
- frank and open discussions which may lead to resolution
- you and the agency gain an understanding on each other’s perspectives
- an agreement being reached that is acceptable to you and the agency
- preserving and improving the relationship between you and the agency.
If an agreement is reached you, the agency and Commission staff member sign a conciliation agreement and the claim is closed.
If conciliation is not possible, your claim proceeds to review and the Commissioner decides whether the agency has breached the standard.
Further attempts to conciliate may occur at any time during the breach claim process before the Commissioner’s final decision.
What is the conciliation process?
Request information
The Commission staff member contacts you to clarify why you believe the agency has breached the standard, and may request additional information and documents from you and the agency.
It is important for you to participate in the conciliation and review process otherwise the Commission may stop the process. You are notified in writing before this happens.
Conducting conciliation
Conciliation may be conducted via:
- one on one telephone conversations or meetings with you (and any support person) and the agency representative (and any assisting staff member)
- online meetings or discussions with all parties.
The Commission staff member encourages open and frank discussion by:
- asking you to talk about your claim
- asking the agency representative to respond to your claim
- reminding you and the agency that anything said or provided confidentially for the purposes of conciliation cannot be later used in a review process
- encouraging discussion about what you and the agency representative believe would resolve the claim and facilitating an agreement where possible.
Documenting a conciliated agreement
If agreement is reached through conciliation, the Commission staff member:
- sets out the terms of the agreement in writing
- gets you and the agency representative to sign the agreement
- also signs the agreement
- records the agreement and provides a copy to you and the agency representative.
What are the roles of people participating in the conciliation process?
Commission staff member
The Commission staff member is impartial and helps you and the agency representative explore options to resolve your claim. They make the decision about whether conciliation is likely or, if not, to start reviewing the claim.
You and the agency representative
You and the agency representative should:
- respond to requests for information in the timeframes provided
- be reasonably available for conciliation and talk about the claim in any discussions or meeting
- keep an open mind and be prepared to consider a range of options that may resolve your claim.
Representation
Neither you nor the agency representative is entitled to be represented by a lawyer or advocate unless the Commission staff member decides the process cannot proceed effectively without this.
Support person
You are entitled to be accompanied by a support person – such as a family member, friend, union officer/delegate or colleague – unless the Commission staff member decides the process cannot proceed effectively with the support person.
The support person may help to clarify matters or prompt you to ask questions. They do not act on your behalf by putting forward their point of view or any counter arguments, nor do they act as a witness to events surrounding your claim.
The agency representative is entitled to be accompanied by another person who can provide relevant information if needed unless the Commission staff member decides the process cannot proceed effectively with the additional person present. Only the agency representative is entitled to act for the agency.
What can you do to prepare for conciliation or review?
You should:
- make yourself available to discuss your claim with the Commission staff member
- consider who can provide relevant information about your claim if required
- have a copy of the claim and any other documents you wish to refer to if you are interviewed
- make sure your support person is available.
When does a claim proceed to review?
Your claim proceeds to review if any one of the following occurs:
- You or the agency representative do not agree to take part in conciliation.
- The Commission staff member considers that conciliation is not reasonably possible.
- The conciliation process does not lead to an agreement.
Further attempts to conciliate may occur at any time before the Commissioner’s final decision about whether a breach has occurred.
