Information for People making Complaints | Article

What does the Commission do?

The Commission investigates and resolves complaints about unlawful discrimination based on sex, race, disability, and age. It is an independent agency that collects information from both parties involved in a complaint and tries to help them resolve it. The Commission cannot decide if discrimination has occurred but can provide information and support for resolving complaints. You do not need a lawyer to make or respond to a complaint, but you can seek assistance from advocacy services like Community Legal Centres.

What happens when the Commission receives a complaint?

When you make a complaint to the Commission about discrimination, the Commission need to make sure that your complaint meets certain requirements. If it does, the Commission will usually contact the person or organization you’re complaining about and ask them to respond. The Commission may also need to contact other people involved in your complaint.

The Commission is not a court and cannot decide if what you’re complaining about is discrimination. However, the Commission can help you and the other party try to resolve the complaint through a process called conciliation.

You do not need a lawyer to make a complaint, but you can get free legal advice from Community Legal Centres if you need it.

What is conciliation?

Conciliation is a process where the Commission helps you and the person or organisation you have complained about to find a way to resolve the complaint.

The conciliator doesn’t decide who is right or wrong, but instead helps both sides talk to each other and come to an agreement. This can happen in person, over the phone or through letters.

The conciliator decides how the process will run and who will participate and can also provide information about the law and how similar complaints have been resolved.

The process is confidential, which means that what is said or done during conciliation cannot be used in court later, except in limited situations which the conciliator can explain to you. If you need special assistance like a language or sign language interpreter, the Commission can arrange this for you.

What happens if the complaint is not resolved?

If the complaint is not resolved through conciliation and the President of the Commission is satisfied that it cannot be resolved, the complaint will be cancelled.

The President may also cancel the complaint if they are sure there is no reason for it or has already been dealt with by another agency. If your complaint is terminated, you may have the option to take your complaint to the Federal Circuit Court or the Federal Court of Australia. However, you must make an application to the court within 60 days of the date your complaint is terminated.

In some cases, you will need to get the court’s permission to take the matter to court. It’s important to note that the Commission cannot take the matter to court for you or help you present your case in court, so you may want to talk with a lawyer or legal service if you want to go to court.

What if I have more questions?

If you have more questions, please contact the officer who is managing your complaint. More information is available on the Complaints section of the Commission’s website – www.humanrights.gov.au/complaints_information.

National Information Service

Telephone: 1300 656 419

Website: www.humanrights.gov.au/complaints_information

Email: infoservice@humanrights.gov.au

Disclaimer: The information on this fact sheet is only intended as a guide. It is not a substitute for legal advice.

Original source: https://humanrights.gov.au/our-work/disability-rights/know-your-rights-disability-discrimination