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Civil Skills Data

Complaint information




This section provides more detailed information about the handling processes for parties to a complaint before ORSP.

However, it is anticipated that many of the complaints lodged with ORSP will be resolved by mutual agreement between the parties.

It is valuable from ORSP's perspective to be aware of issues before they become complaints. Therefore, Reservists, units and employers are encouraged to contact ORSP and report any issues that they have at the earliest possible time. This allows ORSP to gauge the number and range of issues that there are and to track their progress while efforts at resolution take place at the unit level.

|  The Reservist  | The Employer | 


Complaint Form - Download Here


The Reservist

The DORSP has power under the Act to investigate complaints made in regard to incidents of discrimination and/or disadvantage that occur as a result of Reserve service or the likelihood that a person will render Reserve service.

I'm making the complaint - what do I do?

The first thing to remember is that you may withdraw from the complaint process at any time by contacting ORSP and then following up with formal written notification. Another point to note is that although the terms 'employer' and 'employee' are used throughout this information, these terms should be read to mean parties to any relationship that may be covered by the provisions of the Act.

  • Step 1 | Assessing the situation and initial action

    Before you make a complaint to ORSP you should carefully consider your situation and all the relevant circumstances. Where possible, you should have made a legitimate attempt to resolve the situation with your employer before taking any further action. If the issue cannot be resolved between yourself and your employer, the matter should then be referred to your local unit commander who can approach your employer on your behalf. The unit commander may also refer the matter to the DRSC to seek their assistance. If these avenues fail you can then consider making a formal complaint to ORSP.

    However, if DORSP receives a complaint and is not satisfied that enough effort has been made at the unit level to resolve the situation, he may refer the issue back to you for these activities to take place.

  • Step 2 | Lodging the complaint

    The complaint form is available on this website for electronic lodgment or it can be downloaded from the site, completed by hand and then lodged. However, use of this form is optional and any written format used is acceptable, providing that all relevant details are included. Prior to an investigation proceeding, the complaint will be assessed to ensure that it is not frivolous or vexatious, is being made in good faith, and that the substance of the complaint is covered by the Act.

    DORSP will look carefully at your complaint to make sure it complies with the above conditions. If you are unsure whether a complaint is appropriate contact ORSP and discuss the issue first.

  • Step 3 | Handling your complaint

    DORSP, or an officer from ORSP, will contact you to discuss your complaint. ORSP may need more information about your situation. It will also be useful to discuss what outcomes you expect from the complaint.

    ORSP will also contact the person that you are complaining about (the respondent) and will:
    - tell them that you have made a complaint
    - provide them with the details of the complaint
    - discuss the complaint and ask them to respond in writing

  • Step 4 | Assessing the complaint

    DORSP may ask you and/or the respondent to provide documents relevant to the complaint. The Act gives DORSP the power to do this. DORSP may also interview witnesses if required.

    DORSP will notify you that either:
    There is insufficient evidence to support the complaint and DORSP may decide to cease the investigation and terminate furthering the complaint. DORSP will write to you and give reasons for this action. If you disagree with that decision you may apply to the Office of the Defence Ombudsman for a review of the complaint.
    Or, there is sufficient evidence to support the complaint and DORSP will continue to further it.

  • Step 5 | Initial attempts at resolution

    DORSP will try to help you to reach a resolution with the respondent that will address your complaint in a fair way. This may be done by bringing you together with the respondent in a formal mediation conference. This conference may be facilitated by a member of ORSP staff or another accredited mediator. The mediation process is described in more detail at the end of this document.

    The mediator will detail the arrangements for the conference and will discuss these with both parties before the conference. At the conference, you and the respondent will have the opportunity to discuss your problems and seek solutions. It is not necessary for either party to be represented by a lawyer at this stage.

    The conference will result in either:
    You and the respondent reaching an agreement about your complaint. Once an agreement has been documented and signed, ORSP will then close your file but retain the relevant details for our records.
    Or, you and the respondent not reaching an agreement about your complaint. If you and the respondent cannot agree, the complaint may then be referred to the relevant State, Federal or Territory police force for further investigation which can include criminal prosecution. Alternatively, the outcomes of the conference may decide DORSP to withdraw support for the complaint.

  • Step 6 | Court action

    If mediation is not successful DORSP may take the issue to court.

    The potential outcomes of such action are either:
    The Court decides that the complainant has a valid complaint and makes an order against the respondent.
    Or, the Court may dismiss the complaint. If the Court upholds the complaint it may order the respondent to do certain things, for example:
    - pay a fine by way of penalty, or
    - stop the unlawful action

    If you have lost earnings, or suffered some other form of financial loss as a result of the respondent's actions, you may also be able to seek damages through the Civil courts by way of compensation. Professional legal advice should be sought if considering this option. DORSP may decide to provide legal or financial assistance for private actions under Civil law.

The Employer

A Reservist that I employ/supervise has made a complaint under the Act - what will happen next?

If a complaint has been made against you, or your organisation, DORSP will:

  • inform you that you have had a complaint made against you
  • provide you with the details of the complaint
  • discuss the complaint and ask you to respond in writing
What can DORSP do for me?

DORSP will assess the complaint and advise you of the process that will be followed. The process is described in the section on advice to the Reservist.

DORSP will endeavour to have the issue resolved at the unit level before any provisions under the Act are invoked.

DORSP will either mediate, or provide a mediator, to assist in the resolution if required.