Conciliation is an informal, voluntary and private discussion with a trained conciliator. We may hold a conciliation after we receive an application to stop sexual harassment at work. It helps the people involved in the case identify issues and resolve them together.
Use this information when the alleged conduct happened or started before 6 March 2023. If the conduct started on or after this date, see Sexual harassment commencing from 6 March 2023.
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After a worker applies for an order to stop sexual harassment and we receive responses from the other people involved, we consider the information. If we think conciliation may help resolve the case, we will organise one.
Arrangements can be made to ensure that the people involved in conciliation feel safe, such as having separate meeting rooms.
We give the date and time of the conciliation to:
A trained conciliator will help you and the other people involved in the case try to resolve the case together. Conciliators are independent and do not take sides.
If conciliation does not resolve the case, a Commission Member may hold a conference or hearing.
Conciliators manage the process. Their role is to help overcome disagreements and keep discussions focused on resolving issues. Conciliators don’t examine evidence or make decisions about who is right or how the case should be resolved.
Conciliation sessions vary, but usually work like this:
Conciliation is a good way to resolve a case.
Conciliation:
At conciliation, the people involved can choose to resolve a case in any way they think will help. They can find flexible solutions that are relevant to the case.
You can ask to change the time or date of a conciliation session by contacting us in writing. You should ask us as early as possible before the scheduled date.
You need an important reason to change (adjourn) to a different day or time.
You must send a copy of your request to the other people in the case unless it contains sensitive personal information. If that happens, ask a Commission Member if you can keep the information confidential. We usually give a copy of your request to the other people involved in the case and will consider their views before we decide. We may not agree to your request.
Find out more about keeping the case confidential.
Conciliation works best when you’re well prepared. Here's how people involved in a case about sexual harassment at work can be ready for conciliation.
Let us know as soon as you can if you need an interpreter or if you have any other special needs we can help with.
Bring a pen, paper and any relevant documents with you.
Read the application and the responses of each person, then write your notes. Make sure you include:
You don't need a lawyer or paid agent to represent you at conciliation. If the conciliation is conducted by a trained conciliator (not a Commission Member) you can choose whether to have a representative (including a lawyer). If the conciliation is conducted by a Commission Member, your representative will need permission to attend.
Alternatively, you can bring a support person. A support person does not usually take an active part in conciliation but is there to give you moral support. The support person is often a friend or family member.
It helps to stay calm and keep an open mind in conciliation. Try to:
It’s normal to feel worried and to disagree about some issues. The conciliator will help you and the other people involved in the case stay focused on resolution.
At conciliation, the people involved can choose to resolve a case in any way they think will help. They can find flexible solutions that are relevant to the case.