What is the review process?
When an agreement between you and the agency cannot be reached through conciliation, your claim is reviewed.
During the review:
- you and the agency provide the Commission staff member with any additional information relevant to your claim
- the Commission staff member interviews people they believe may have information relevant to your claim and prepares a report setting out the facts and circumstances that gave rise to your claim and explains their relevance to the standard
- the report and any other documents or information are considered by the Commissioner (or a delegated Commission staff member) who decides whether a breach has occurred and, if so, may recommend or direct a remedy to address the breach.
Is information provided confidentially during conciliation used in the review?
Information and documents provided confidentially during conciliation are not used during the review. For example, agency admissions of concern about a process or suggested wording of an apology provided during conciliation cannot be used as evidence in the review.
What is included in the report to the Commissioner?
The report:
- sets out the issues you have raised in your claim and how they relate to the standard
- outlines any suggestions for a remedy proposed by you and the agency for the Commissioner to consider if a breach is found
- identifies any failures by the agency including failures to comply with the regulations
- details improvement opportunities identified to discuss with the agency.
What happens after the Commissioner receives the report?
After receiving the report the Commissioner:
- considers it and any other material relevant to your claim
- decides if there has been a breach of the standard
- recommends or directs what remedy, if any, is to be taken by the agency if a breach is found.
