Review and report

Review process

When an agreement between you and the agency cannot be reached through conciliation, your claim is reviewed.

During the review:

• you and the agency must provide the Commission staff member with any additional information relevant to your claim that you have or can reasonably access
• the Commission staff member discusses your claim with people they believe may have information relevant to your claim and prepares a report for the Commissioner setting out the facts, evidence and findings relevant to the Recruitment Standard 
• the report and any other documents or information is considered by the Commissioner (or a delegated Commission officer) who decides whether a breach has occurred and, if so, whether to recommend or direct an appropriate remedy.

Report to the Commissioner

The report:

• sets out the issues you raised in your claim and how they relate to the Recruitment Standard
• sets out and analyses the relevant facts and circumstances as provided in the initial claim and through the review
• includes a recommendation regarding how the matter should be finalised
• outlines any proposed remedy if a breach is found
• identifies any failures by the agency including failures to comply with the regulations
• details improvement opportunities identified to discuss with the agency.

After the Commissioner receives the report

After receiving the report the Commissioner:

• considers it and any other material relevant to your claim
• decides if there has been a breach of the Recruitment Standard
• if a breach is found, decides whether to recommend or direct an appropriate remedy.