Complaints
The SSAT's charter is to provide a mechanism of review which is
fair, just, economical, informal and quick. On occasions there are
tensions between these competing principles. Sometimes the more
complex matters take longer to finalise.
If a person does not want to appeal an SSAT decision but has a
complaint about an SSAT process, they should initially direct the
complaint to:
Deputy Registrar
GPO Box 9943
in the relevant capital city
Although contact can be made by telephone, where the complaint is
other than a relatively straightforward or simple matter it is
preferable for it to be set out in writing. This allows the
complaint to be properly considered by the appropriate person.
E-mail communication is acceptable.
The Deputy Registrar will deal with complaints relating to the
administrative processes of the SSAT. Any complaint about members
will be dealt with by the Senior Member in charge of the relevant
office, or if the complaint involves the Senior Member, by the
Principal Member.
What can be achieved through the complaints process?
- The SSAT will consider the complaint and it may review its processes if they are found to be wanting.
- If the SSAT cannot address the issues in the complaint, it will inform the complainant (this may occur, for example, if the complaint is about the decision itself).
What cannot be achieved through the complaints process?
- The SSAT member(s) hearing a matter cannot be directed as to what decisions they should make.
- The SSAT member(s) hearing a matter cannot be replaced and the matter recommenced before other members.
- The decision and the reasons for the decision cannot be altered once the decision has been published, other than in very limited circumstances set out in the legislation (eg. to correct an obvious typographical error). The fact that a party may disagree with a statement in the reasons for decision, a conclusion or the decision itself, does not mean that it amounts to an error which is capable of alteration by complaint.
- There is no mechanism available where a person disagrees with a decision (after a properly convened hearing) for the decision to be re-heard or changed by the SSAT other than by way of further review or appeal to a Court. A party may wish to seek legal advice before deciding whether they wish to seek further review or appeal. For further information refer to Further Appeal Rights on this website in the relevant jurisdiction.
- Where the Fair Work Ombudsman is investigating or has investigated a matter, the SSAT does not take part in that process and cannot assist with that.