What is an administrative complaint?
Administrative complaints are complaints about the decisions and procedures of governmental bodies and agencies. The Commission has no power to investigate complaints about:-
- Court proceedings or decisions,
- Conduct that amounts to criminal behaviour (e.g. misappropriation),
- Private Individuals, companies,
- Personnel matters of public servants (contact the Public Service Commission).
Who can lodge a complaint?
Anybody directly affected by a decision or the actions of a governmental body or agency may complain to the Commission. A complaint must be lodged within 2 years of the matter arising.
How do you lodge a complaint?
A complaint must be made in writing to the Commission. A complainant must:-
- Identify the agency being complained about,
- Outline the complaint (specify the decision or conduct the complainant is dissatisfied with, names of people involved and dates),
- Outline how the complainant has tried to resolve the matter with the agency,
- State the outcome the complainant seeks,
- Include copies of any letters or other documentation relevant to the complaint.If a person is unsure how to lodge a complaint they may go to one of the Commission Offices for assistance.
What happens to your complaint?
Complaints are assessed by the Intake and Screening Unit to determine whether they should be investigated or excluded. Complainants are advised in writing if a complaint will be investigated or not, or if further information is required. If a complaint requires investigation it is referred to the Complaints and Administrative Investigations Division. Once the investigation is completed complainants are advised of the Commission’s decision in writing.
What are the possible outcomes after an investigation?
The Commission has the power to issue recommendations to the Minister and Administrative head of the Agency upon completion of an investigation. The Commission does not have the power to force an Agency to comply with recommendations made. How-ever, where a recommendation is made to improve administrative procedure an Agency will generally accept that recommendation.
What is a discriminatory practice complaint?
Discriminatory practice complaints are complaints about discrimination on the grounds of “colour, sex, race or ethnic, tribal or national origin”or where a person has HIV or AIDS. The Commission only investigates complaints about discrimination by governmental bodies or agencies.
The same complaint handling mechanism in administrative complaints applies to discriminatory complaints.