The investigation process commences immediately after the complaint lodged has been accepted by the Commissioner. This means that possible breaches have been identified under the Anti-Discrimination Act 1998.
The following is an overview of the usual investigation process:
The Commissioner sends a copy and a summary of the complaint to the complainant and the named respondent and/or named organisation for their response. The Commissioner will ask the parties at this stage if they want to meet to try to resolve the complaint.
The respondent's response is received and sent to the complainant for their reply.
The complainant's reply is received and the Investigation Officer assigned to the complaint assesses the documents and identifies what further investigation is needed, such as collecting documentary evidence and witness statements.
- When the investigation process is complete the Commissioner determines whether the complaint should be dismissed, proceed to conciliation or referred directly to the Anti-Discrimination Tribunal.
There is no charge for having a complaint investigated or conciliated, unless you seek legal representation.