When referring a Recruitment Standard claim to the Commission, agencies are asked to use this form and provide:
- the written notice given to the claimant about their right to make a claim
- the claim and any documentation provided by the claimant
- the date the claim was lodged
- contact details of the claimant and the staff member representing the agency
- a summary of the agency’s view of the claim and what it has done to try to resolve it including any actions proposed
- any other relevant information including the full selection report
- contact details for the selection panel
- contact details of the agency’s chief human resource officer
- contact details for anyone else involved in the claim.
Once the claim has been sent to the Commission, the agency must let the claimant know in writing.
Process when a claim is forwarded to the Commission
The Commission assesses the claim to check that it has the authority to deal with it and that the decision falls under the Recruitment Standard. If it does not, it stops dealing with the claim.
The Commissioner may also decide to stop dealing with a claim if:
they believe it is vexatious, frivolous or lacking substance or does not warrant further action
they believe the claimant is not taking part in the process (the claimant must be told this may happen and given 5 days to respond)
the claim is only about the claimant’s merit
the issues is already being, or has been, dealt with properly by the Commission or another organisation.
The Commissioner informs both the claimant and an agency in writing of the decision and explains the reasons for it.
Commission conciliation and review
If the claimant and agency agree, a Commission staff member arranges conciliation and coordinates the process.
If either the claimant or agency does not want to take part in conciliation or if conciliation is not suitable, the Commission staff member reviews the claim.
Steps to prepare for conciliation
An agency must:
- nominate a representative who:
- has authority to make decisions about how the claim could be resolved
- understands the claim and can talk about it, and is willing to consider options to reach agreement
- make sure the representative has all relevant documents and information related to the claim
- identify and arrange any support the representative may need to take part in conciliation.
Read more information on the conciliation process.
If the claim is not resolved through conciliation, the Commission staff member conducts a review.
Preparing for a review
An agency should make sure that its representative and relevant staff:
- know the claim has been referred to the Commission
- respond to requests for information
- are available to discuss the claim with the Commission staff member
- have relevant documents ready for any discussion or interview.
Read more information on the review process.
After completing the review, the Commissioner writes to the agency and the claimant with their determination and any recommended action.
Respond to the Commissioner’s decision where a breach is found
An agency must write to the Commissioner within 10 working days to say what it intends to do to respond to the recommendation or direction.
If the agency proposes to provide an alternative remedy, or no remedy, it must include reasons for this decision.
The Commissioner may also direct the agency to provide a remedy to the claimant.
Read more information on the decision and remedy process.
Reporting requirements
Agencies must maintain appropriate records of all claims lodged. This includes claims that are withdrawn within 21 calendar days of lodgement and not forwarded to the Commission. These records support the agency’s annual reporting obligations to the Commission.
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