Conciliation

Conciliation is a process where a conciliation and review officer (Public Sector Commission staff member) works with you and the agency to try to resolve your claim. 

Benefits of conciliation include:

• frank and open discussions which may lead to resolution
• helping you and the agency understand each other’s perspectives
• supporting agreement where possible
• maintaining or improving your relationship with the agency.

If conciliation is not possible, your claim proceeds to review and the Commissioner decides whether the agency has breached the Recruitment Standard.

Further attempts to conciliate may occur before the Commissioner’s final decision.

The conciliation process

Actively participating in conciliation and being realistic and open minded to possible remedies can help resolve your claim. 

Request information

The Commission staff member contacts you to clarify why you believe the agency has breached the standard and may request additional information and documents from you and the agency.

Attempts made to conciliate

The Commission staff member usually speaks with you (and any support person) and the agency separately for example through telephone calls or Teams meetings.

The Commission staff member encourages open and frank discussion by:

• asking you to talk about your claim and what you are seeking to resolve it – they may suggest realistic options that could resolve it
• asking the agency representative and panel members to respond to your claim
• reminding you and the agency that anything said or provided confidentially for the purposes of conciliation cannot be later used in a review process
• helping you and the agency find a practical and mutually acceptable solution, recognising that this may require you and the agency to make reasonable compromises.

Documenting a conciliated agreement

If agreement is reached through conciliation, the Commission staff member:

• sets out the terms of the agreement in writing
• gets you and the agency representative to sign the agreement
• also signs the agreement
• provides a copy of the agreement to you and the agency representative.

This finalises your claim.  

The roles of everyone participating in the conciliation process

Commission staff member

The Commission staff member is impartial and helps you and the agency representative explore options to resolve your claim. They make the decision about whether conciliation is likely or, if not, to start the review process.

You and the agency representative

You and the agency representative should:

• respond to requests for information in the timeframes provided
• be reasonably available for conciliation and talk about your claim in any discussions or meetings
• keep an open mind and be prepared to consider a range of options that may resolve your claim.

Support person

You can have a support person with you during the conciliation or review process. 

Your support person can help clarify information or prompt you to ask questions. They cannot speak on your behalf by putting forward their point of view or arguments, or act as a witness about events related to your claim. 

The Commission staff member may decide that your support person cannot attend if their presence prevents the process from working effectively.

The agency representative may also be accompanied by another person who can provide relevant information if needed unless the Commission staff member decides their presence would prevent the process from working effectively.  Only the agency representative is entitled to act for the agency.

Representation

Neither you nor the agency representative can be represented by a lawyer or advocate unless the Commission staff member decides the process cannot proceed effectively without this.

Preparing for conciliation or review

You should:

• make yourself available to discuss your claim with the Commission staff member
• consider who can provide relevant information about your claim if required
• have a copy of your claim and any other documents you wish to refer to if you are interviewed
• make sure your support person is available.

When a claim proceeds to review

Your claim proceeds to review if one of the following occurs:

• You or the agency representative do not agree to take part in conciliation.
• The Commission staff member considers that conciliation is not reasonably possible.
• The conciliation process does not lead to an agreement.

Further attempts to conciliate may occur at any time before the Commissioner’s final decision about whether a breach has occurred.

Use of information provided during conciliation

Information and documents provided confidentially during conciliation are not used during a review. For example, agency admissions of concern about a process or suggested wording of an apology provided during conciliation cannot be used as evidence in a subsequent review.