Review and report
In a review, the Commission employee identifies the facts and circumstances that gave rise to the claim as they relate to the relevant Standard. They may consider any relevant documentation and, where necessary, interview people who they consider have information relevant to the claim.
Following the review the Commission employee prepares a report. The Commissioner considers this report and any other documents or information the Commissioner obtains and considers relevant.
This section provides information about:
- the review process and what may be required
- the role of a Commission employee.
Proceeding to review
Claims can proceed to review when:
- one or both parties do not agree to conciliate
- agreement is not reached at conciliation
- one or both parties are not fully participating in conciliation
- the Commission employee considers an agreement by conciliation is unlikely to be reached within a reasonable timeframe.
Clarifying the claim
Reviews of breach of Standard claims are undertaken by a Commission employee or an external Conciliation and Review Officer (CRO) appointed by the Commissioner.
If the review is undertaken by an external CRO the Commissioner will determine the remuneration and terms and conditions of appointment.
The Commission employee will contact the claimant to clarify the claim as it relates to the relevant Standard.
Agency and claimant given opportunity to respond to claim
The agency and claimant will be given the opportunity to make any submissions to the Commission employee in writing or otherwise in support of or in response to the claim.
Information provided in conciliation not used in a review
Any information or documents obtained during conciliation are considered confidential because they were provided for the purpose of achieving an agreement. They will not be 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.
Conducting the review
The Commission employee will gather the relevant facts and circumstances and provide a report to the Commissioner.
The Commission employee cannot make a finding about whether there has been a breach of a Standard. This determination is reserved for the Commissioner.
The review process includes:
- requesting the claimant and the agency to provide information relevant to the claim
- interviewing any person the Commission employee considers may have information relevant to the claim
- considering information and documents provided by the claimant or the employing authority and any other information and documents that the Commission employee considers relevant to the claim
- preparing a report setting out the facts and circumstances that gave rise to the claim and explaining their relevance to the Standard. This report is considered by the Commissioner when making a determination.
|Tips for preparing for review interviews|
Agencies can assist with the review process by ensuring nominated officers and employees being interviewed:
Report to the Commissioner
When the Commission employee completes the review, they provide a report to the Commissioner. This report:
- contains the facts and circumstances that gave rise to the claim
- explains the relevance of those facts and circumstances to the Standard to which the claim relates
- outlines suggestions for relief proposed by the parties, if any, for consideration by the Commissioner if a breach is found
- states whether or not the claimant and the agency have complied with the Regulations and the facts and circumstances that gave rise to that opinion.
Only the Commissioner can determine whether a Standard has been breached.
Page last updated 30 December 2014