Unless a good case is made for information to be withheld, all the information and evidence received by the AusNCP may be shared with the parties. The AusNCP may then review all the information it has gathered, and may make a statement as to whether the Guidelines have been breached. Stage 3: Drafting and publication of the final statement The AusNCP’s Final Statement may include the following: 53.1. details of allegation and those chapters/paragraphs of the Guidelines that it is alleged have been breached; 53.2. details of the parties involved (i.e. complainant and the company); 53.3. a summary of the process the AusNCP has followed; 53.4. the outcomes of any mediation; 53.5. the results of examination (if any), which will include rationale behind each conclusion; 53.6. where appropriate, the AusNCP may make recommendations to the company so that its conduct may be brought into line with the Guidelines; 53.7. where appropriate, a date by which both parties will be asked to submit to the AusNCP an update on measurable progress towards meeting any recommendations; and 53.8. where the AusNCP has found examples of good company practice consistent with the Guidelines this information may also be included. Once the AusNCP has drafted its Final Statement, it will be sent to the parties for checking, with a deadline of 10 working days for comments. The AusNCP may then incorporate any necessary factual changes before sending the finalised statement to the parties, together with information of how they can seek a review by the Oversight Committee if they consider that the process set out in this guidance has not been properly followed. Any request for review will have to be made within 10 working days of the date the Final Statement is sent to the parties. This also applies for request by a complainant for review of a case where the AusNCP does not accept the case as a Specific Instance. At the end of this period the Final Statement will be published on the AusNCP website –. Follow up to final statements the Final Statement includes recommendations to the company, it may specify a date by which both parties are asked to provide the AusNCP with a substantiated update on the company’s progress towards implementing these recommendations. The AusNCP will then prepare a Follow Up Statement reflecting the parties’ response. The AusNCP will ask the parties to send factual comments on the Follow Up Statement
Unless a good case is made for information to be withheld, all the information and evidence received by the AusNCP may be shared with the parties. The AusNCP may then review all the information it has gathered, and may make a statement as to whether the Guidelines have been breached. Stage 3: Drafting and publication of the final statement The AusNCP’s Final Statement may include the following: 53.1. details of allegation and those chapters/paragraphs of the Guidelines that it is alleged have been breached; 53.2. details of the parties involved (i.e. complainant and the company); 53.3. a summary of the process the AusNCP has followed; 53.4. the outcomes of any mediation; 53.5. the results of examination (if any), which will include rationale behind each conclusion; 53.6. where appropriate, the AusNCP may make recommendations to the company so that its conduct may be brought into line with the Guidelines; 53.7. where appropriate, a date by which both parties will be asked to submit to the AusNCP an update on measurable progress towards meeting any recommendations; and 53.8. where the AusNCP has found examples of good company practice consistent with the Guidelines this information may also be included. Once the AusNCP has drafted its Final Statement, it will be sent to the parties for checking, with a deadline of 10 working days for comments. The AusNCP may then incorporate any necessary factual changes before sending the finalised statement to the parties, together with information of how they can seek a review by the Oversight Committee if they consider that the process set out in this guidance has not been properly followed. Any request for review will have to be made within 10 working days of the date the Final Statement is sent to the parties. This also applies for request by a complainant for review of a case where the AusNCP does not accept the case as a Specific Instance. At the end of this period the Final Statement will be published on the AusNCP website –. Follow up to final statements the Final Statement includes recommendations to the company, it may specify a date by which both parties are asked to provide the AusNCP with a substantiated update on the company’s progress towards implementing these recommendations. The AusNCP will then prepare a Follow Up Statement reflecting the parties’ response. The AusNCP will ask the parties to send factual comments on the Follow Up Statement
2001-2018_AusNCP_Procedures_version.docx