Conciliation, review and determination by Public Sector Commission

If an agency cannot resolve your claim and it relates to the Recruitment Standard it must forward your claim to the Public Sector Commission. 

The Commission then decides whether to deal with your claim. If it chooses to deal with your claim, the Commission then:

• attempts to resolve it through conciliation
• conducts a review and prepares a report setting out the facts, evidence and findings for the Commissioner 
• determines whether a breach has occurred including any remedy.

Deciding whether to deal with your claim

The Commissioner may decide not to deal with your claim or to stop dealing with it if it:

• does not have the authority to deal with it
• believes your claim is vexatious, frivolous, lacking in substance or does not warrant further action
• believes your claim is, or has  been, adequately dealt with by the Commission or another entity
• believes your claim is solely about your competitive merit.

If the Commission decides not to deal with your claim it lets you know in writing and explain the reasons why.

If the Commissioner decides to deal with your claim, the conciliation and review process starts. The Commissioner may decide at any time during this process to stop dealing with your claim. If they do, they write to you to explain why.

It is important that you take part in the conciliation and review process as it helps progress your claim. If you do not participate, the Commissioner may decide to stop dealing with your claim.