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Brief overview of complaints process

 

  1. A complaint is lodged with the Anti-Discrimination Commissioner.
  2. The complaint is assessed against the Anti-Discrimination Act 1998 and the Anti-Discrimination Commissioner determines whether the complaint is accepted for investigation or rejected.
  3. The respondent is contacted only if the complaint is accepted for investigation.
  4. If the complaint is accepted, the investigation commences.This will include correspondence to and from the parties and obtaining relevant documents and witness statements.
  5. At the conclusion of the investigation there are three possible outcomes: 

-complaint dismissed
-complaint proceeds to conciliation
-complaint referred to Tribunal

If a complaint is dismissed the complainant has a right of review through the Anti-Discimination Tribunal (ADT).

If the ADT upholds the dismissal, the complaint lapses and the file is closed. If the ADT overturns the dismissal, the ADT holds an inquiry. This is a hearing or trial where the parties give evidence on oath or affirmation, are cross examined and call witnesses. At the end, the Tribunal decides if discrimination has occurred or not, and makes orders about compensation or dismissal etc.