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Human Rights & Equal Opportunity Commission Sofie Georgalis A/Principal Investigation/conciliation Officer. How are alleged breaches of the law dealt with?. National Complaint Information line with TTY and telephone interpreter facilities.
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Human Rights & Equal Opportunity Commission Sofie Georgalis A/Principal Investigation/conciliation Officer
How are alleged breaches of the law dealt with? • National Complaint Information line with TTY and telephone interpreter facilities. • Complaints can be lodged by e-mail, in writing or in-person. • Complaints must be in writing; be by (or on behalf of) an aggrieved person; and allege a breach of the law. • Assistance can be provided to put a complaint in writing.
The complaint handling process Enquiry Written complaint lodged Assessment Termination Conciliation Court Unresolved Resolved Investigation Termination Conciliation Court Unresolved Resolved
Investigation • HREOC generally asks the respondent to provide a written response to the allegations. • Matters may be expedited or dealt with more informally. • HREOC can compel a person to respond to a complaint. • Complainant is advised of the respondent's reply.
Statutory conciliation • Conciliation is an informal, flexible approach to resolving complaints. • Conciliator assists parties explore issues and negotiate mutually satisfactory settlement terms. • Confidential process.
Statutory conciliation Complaints may be resolved by: • an exchange of letters, • a telephone negotiation between HREOC and the people involved, • a telephone conciliation conference, • or a face to face conciliation conference.
Statutory conciliation Range of conciliated outcomes: • Apology • Reinstatement to a job • Financial compensation • Changes to a policy or putting in place anti-discrimination policies • Training on anti-discrimination • Modification to facilities /premises • Change to practice/procedure
How can HREOC assist you? • Conciliation register • Conciliation DVD/Video • Website – www.humanrights.gov.au – Complaints Information and Disability rights (FAQs) • Publications and guidelines. • Case law • HREOC officer
Advantages of the HREOC process • Conciliation rate. • Timeliness. • Staff expert in discrimination law. • Flexibility of process. • National body. • Up to 12 months to lodge complaints. • Generally, ground only needs to be a factor for the alleged less favourable treatment.
More information • HREOC website www.humanrights.gov.au • Complaints Info line 1300 656 419 or (02) 9284 9888