Our disputes resolution team is usually the first point of contact for the public’s privacy queries and complaints. This past reporting year, we closed 894 investigation files – a 26 percent increase on the previous year.

Conciliation

An important technique we use to resolve complaints is conciliation. Conciliation is a form of alternative dispute resolution, and follows a similar process to mediation. The conciliation process involves one of our investigators helping the parties to identify and agree on a fair resolution of their dispute. We think it is the fastest, cheapest and easiest way to resolve complaints under the Privacy Act.

If we can’t resolve a complaint via our process, the complainant will generally have to lodge a claim in the Human Rights Review Tribunal (HRRT). An HRRT hearing will take a lot of time and will be stressful and expensive for both parties. Plus, there’s always risk in any litigation.

The Office of the Privacy Commissioner (OPC) does not decide the outcome of your dispute in a conciliation. But we can help the parties to clarify the issues in dispute, gain a better understanding of the relative strength of their claims, and help you agree on a reasonable outcome.

Conciliation is voluntary. We will decide on the best approach to conciliation in each case:

• Shuttle negotiation – where negotiation occurs through the investigator. This can be hard sometimes because of our secrecy provisions.
• Teleconference + video conference - the preferred method (more information below).
• Face to face – we do this where we can but are often limited by geography or finance. 

Why use teleconferencing?

If we can, we’d rather use a teleconference or video call for a conciliation. This is an opportunity for the parties to settle the dispute themselves by:

• Clarifying what the issues are
• Reviewing the information together
• Learning about the other party’s perspective
• Discovering the interests of each party
• Brainstorming possible solutions to the problem

We will use our best efforts to give your conversation structure and focus. We do not advocate for either party and we do not decide the outcome in a teleconference, although we may form a view on the complaint afterwards if it is not able to be settled. 

How does a teleconference/ video conference work?

The general process for a teleconference is as follows:

1. OPC introduces the parties and explains our roles and expectations.
2. Each party provides a summary of their understanding of the dispute.
3. We have an open discussion about the issues.
4. We brainstorm options for resolution.
5. OPC will confirm any agreements made by the parties.

If we can’t resolve a complaint during or after the teleconference video, information shared during the teleconference may be used in the investigation and may be considered by the Privacy Commissioner when recommending a settlement (this part is different to mediation). In any case we’d be inviting you to provide that information to us during the shuttle negotiation process.

We’re trying to use these teleconferences more and more as they are such an effective way to resolve complaints. If we invite you to participate in one, I encourage you to jump at the chance. If we haven’t offered you one, ask us why not! If you have any questions, please reach out and ask us.

complaints