Parties involved in a complaint with the Office of the Anti-Discrimination Commissioner (OADC) can choose at any time to be represented by a lawyer or advocate during the complaint handling process.
Can I be represented during the investigation?
Parties seeking to be represented during the investigation process of a complaint need to apply in writing to the Commissioner for 'authorisation' or 'permission' to be represented.
If a party is represented by a lawyer or advocate, the Commissioner will deal with the lawyer or advocate, not the party. This means that during an investigation all letters from OADC will be sent to the lawyer/advocate and not the party.
Please note: it is the responsiblity of the lawyer/advocate to keep the party informed.
Representation at a conciliation is generally granted once a formal request has been made. A request for representation or an accompanying person can be made in writing to the Commissioner or by completing an application form. The views and/or comments from the other party/ies are no longer sought prior to the request being granted.
Please note: a request for representation may be refused if there are particular issues that may adversely affect the conciliation process.
At a conciliation conference a 'representative' is a person who speaks on behalf of the complainant or respondent and therefore has 'speaking rights'.
An 'accompanying person' is only a support person who does not have any speaking rights during the conference unless during the course of the conciliation both complainant and respondent agree that the accompanying person may speak, but otherwise would not.
Please note: parties seeking to be represented or bring an accompanying person to conciliation need to complete an APPLICATION FORM.
No. Anyone, at any stage of the complaint process, can obtain legal advice (at their own expense) from a lawyer or advocate, without having to get authorisation or permission from the Commissioner. The person obtaining legal advice does not need to tell the Commissioner that they have obtained the advice, for it is everyone's right to do so.
If a company etc has been named as a respondent to a complaint, no 'permission' or 'authorisation' is needed for a person in authority, with the powers to negotiate a settlement, to speak on behalf of the company.
However, if the company wishes to be represented by a lawyer or advocate during the invesitgation or conciliation process, they like any other respondent or complainant, must seek approval from the Commissioner.
