Complainant wellbeing

3 November 2023

Going beyond to ensure the wellbeing of a member of the public

A Commission complaints officer engaged with a member of the public who was enquiring about the Commission’s role and jurisdiction, as well as the complaint process. At the start of the discussion, the person expressed doubt that anyone would address their concerns professionally. The complaints officer actively listened to the person’s concerns while continually assessing their state of wellbeing. The complaints officer noticed red flags that signalled concern for the individual’s wellbeing. After confirming the person was not at risk of self-harm, the complaints officer displayed empathy and offered practical support, including providing contact details to support agencies such as counselling services and a nearby mental health hospital.

At the end of the discussion, the person expressed thanks to the complaints officer for listening to their experience and making an extra effort to ensure their welfare was cared for. Following this interaction with the complaints officer, the person felt empowered and confident to raise a complaint on the Commission’s complaints portal.

Dealing sensitively with complainants in sexual harassment matters

The Commission deals with sensitive complaints, such as those alleging sexual harassment, differently to other complaints. There is an additional focus on protecting the privacy and safety of the individual impacted by the conduct, as well as the officer who is the subject of the complaint. These complaints are handled by a specialist team of trained lawyers and documents are secured with limited access. During the investigation, pseudonyms may be applied, and there is an increased focus on regularly updating relevant parties on the investigation’s progress where appropriate. 

The Commission also has a process to allow individuals to speak directly with members of the dedicated team about potential sexual harassment complaints, prior to lodging a formal complaint. This year, managers of the legal and complaints team met on two occasions with individuals about potential sexual harassment allegations. Adopting a trauma-informed approach, Commission staff explained the Commission’s process and potential outcomes, and answered questions to enable those affected to determine whether they wished to make a complaint or provide information. The emphasis was on ensuring the person did not have to tell their story or recount their experience more than required.