Investigation of the complaint

If the complaint is going to be dealt with, the investigation process starts. This will include letters and documents to and from the complainant/s and respondent/s as well as others who might have relevant evidence in the form of documents and witness statements.

The Commissioner has 6 months to complete the investigation. If the investigation can't be finished in that time, she can ask the complainant to agree to her having more time.

At the end of the investigation there are 3 possible outcomes:

  1. the complaint is dismissed
  2. there is a further attempt to resolve the complaint through conciliation
  3. the complaint is referred to the Anti-Discrimination Tribunal for it to hold an inquiry

Complaint dismissed

If the complaint is dismissed, the Commissioner writes to the complainant/s and the respondent/s to tell them this decision and to give them the reasons for the decision. Those letters also tell the parties that the complainant has a right to ask the Tribunal to review the decision.

If a further conciliation process happens, but the complaint cannot be resolved, the Commissioner must then send the complaint to the Tribunal for it to hold an inquiry.