Types of outcomes in conciliated complaints Case studies of complaints handled Outcomes that can be negotiated during the conciliation of complaints As part of the Commission’s community education some case include: studies of complaints handled by the Commission are provided in Appendix A. These case studies illustrate the various outcomes of introducing or improving equal opportunity complaints lodged with the Commission. policies or practices Lapsed complaints providing staff training programs on equal Complaints are considered to have lapsed when complainants opportunity and discrimination abandon their complaint, or do not wish to proceed with it and have compensating for a specific loss, for example not advised the Commissioner, in writing, as required under the Equal income or medical expenses Opportunity Act 1984. In some instances the Commission has been unable to maintain compensating for pain, suffering, hurt or contact with the complainant and after a period of time the complaint humiliation lapses. In other cases complainants do not wish to continue but do not making and receiving an apology formally withdraw their complaint. Some complainants are disheartened by their onus of proof which requires complainants to making something available that was previously support their allegations with evidence such as witness statements refused such as accommodation, admission to a and documents. course or access to a shop or nightclub. Since 2005 the Commission implemented a range of strategies to It is common for one or more of these outcomes to be negotiated in attempt to reduce the number of complaints which lapse. Figure 6 conciliation. demonstrates that these strategies have been effective, reducing the proportion of lapsed complaints from 26% in 2000-01 to 11.6% in In 2009-10 the most common types of outcomes negotiated during the 2009-10. The spike in 2003-04 resulted from a policy decision to conciliation of complaints included: lapse complaints which had been kept active for long periods of time with little expectation of resolution. apology monetary settlement respondent’s explanation satisfactory to complainant opportunity law program/education policy change within the organisation.
Types of outcomes in conciliated complaints Outcomes that can be negotiated during the conciliation of complaints include: introducing or improving equal opportunity policies or practices providing staff training programs on equal opportunity and discrimination compensating for a specific loss, for example income or medical expenses compensating for pain, suffering, hurt or humiliation making and receiving an apology making something available that was previously refused such as accommodation, admission to a course or access to a shop or nightclub. It is common for one or more of these outcomes to be negotiated in conciliation. In 2009-10 the most common types of outcomes negotiated during the conciliation of complaints included: apology monetary settlement respondent’s explanation satisfactory to complainant opportunity law program/education policy change within the organisation. Case studies of complaints handled As part of the Commission’s community education some case studies of complaints handled by the Commission are provided in Appendix A. These case studies illustrate the various outcomes of complaints lodged with the Commission. Lapsed complaints Complaints are considered to have lapsed when complainants abandon their complaint, or do not wish to proceed with it and have not advised the Commissioner, in writing, as required under the Equal Opportunity Act 1984. In some instances the Commission has been unable to maintain contact with the complainant and after a period of time the complaint lapses. In other cases complainants do not wish to continue but do not formally withdraw their complaint. Some complainants are disheartened by their onus of proof which requires complainants to support their allegations with evidence such as witness statements and documents. Since 2005 the Commission implemented a range of strategies to attempt to reduce the number of complaints which lapse. Figure 6 demonstrates that these strategies have been effective, reducing the proportion of lapsed complaints from 26% in 2000-01 to 11.6% in 2009-10. The spike in 2003-04 resulted from a policy decision to lapse complaints which had been kept active for long periods of time with little expectation of resolution.
annual-report-2009-10b49e4d5bde9f62fcb668ff0000be6566.docx