Frequently asked questions about our Dispute Assistance service
Get answers to some common questions we get asked about our Dispute Assistance service.
On this page:
- Can I stay anonymous?
- Do I have to speak with the other party?
- Can we communicate via email?
- What information is shared with the other party?
- Do I need a lawyer?
- Can I have a support person?
- How long does the service take?
- What if I don’t want to use the service?
- Can the other party refuse to participate?
- Do I have to accept a proposed agreement?
- What happens if you agree to resolve the dispute?
- Do I need to sign anything?
- What happens if an agreement isn't reached?
- Are you investigating my claims?
- Tools and resources
- Related information
Can I stay anonymous?
No. As an impartial and independent agency, we’re not representing or advocating for you. Our Dispute Assistance service supports both sides to discuss their workplace dispute and make informed decisions.
If you’re looking for someone to represent you without you being directly involved, we can help you understand your options for what to do next. This may involve getting other support, depending on the problem and the kind of help you need. For example, a union or employer organisation can provide advocacy, representation and support in negotiations.
If you want to report an issue to us anonymously, you can send us an anonymous tip-off.
Do I have to speak with the other party?
While your assigned officer will facilitate the discussions during the service, we encourage parties to continue communicating because direct engagement is often the fastest, simplest and most effective way to resolve your dispute. If you have concerns about direct contact with the other party, please tell the officer when they call you.
Can we communicate via email?
Our Dispute Assistance service is a phone-based service. This is so we can ask any additional questions and get an understanding of the dispute from the parties involved. This allows us to tailor our service.
What information is shared with the other party?
The officer assigned to your workplace dispute will share information with the other party that is relevant to assisting both parties navigate the dispute. This includes:
- your name
- what the dispute is about and why you’re interested in resolving it
- your desired outcome
- your response to any proposed agreements.
To enable the officer to best assist you, it’s important that you are open and honest with them and provide factual, relevant information.
Do I need a lawyer?
No, this is an informal service that aims to put you in control. You don’t need legal representation.
Can I have a support person?
If you’d like to have a support person involved (such as a parent, family member or friend), please discuss this with the officer when they contact you. It’s important that your support person also understands the Dispute Assistance service.
How long does the service take?
Timeframes vary because our service is tailored to each dispute. Most parties who engage in the service only need it for 2 to 4 weeks. During this time, parties either come to an agreement or decide to continue with their dispute through an alternative option.
What if I don’t want to use the service?
If you no longer want our assistance with your dispute, please let the officer know when they contact you. We’ll respect your decision and won’t have further involvement in your dispute.
Can the other party refuse to participate?
Yes, our service is voluntary. We can’t force you or any other party to participate or come to an agreement. If this happens, we’ll provide you with information about other ways to continue your dispute.
We’ll keep a record of the information you’ve provided and the other party’s response. This information may inform future compliance activities.
Do I have to accept a proposed agreement?
No. It’s your dispute and it’s your choice. We encourage you to consider all serious offers but it’s your choice whether or not you agree to the proposed agreement.
What happens if you agree to resolve the dispute?
If you come to an agreement with the other party, we’ll make a note of the agreed actions for our records.
The parties are responsible for carrying out the actions they’ve agreed to. We don’t set, review or monitor the terms of the agreement between the parties.
Your assigned officer will provide information on what options you have if this happens.
Do I need to sign anything?
The other party may ask you to sign a deed of release or a similar document as part of the agreement. It’s your decision whether to sign the deed of release or not.
These types of legal documents formalise and set out in writing what’s agreed upon between the parties.
Doing this can help to prevent the dispute arising again or future problems after completing the Dispute Assistance service. It’s your choice whether you do this.
You may wish to seek independent legal advice about the document before signing it. For more information on where to get legal advice, visit Legal help.
Please note we’re not a party to any deed or agreement between the parties and aren’t bound by their terms.
What happens if an agreement isn't reached?
If you can’t come to an agreement, or either party chooses to no longer participate, your assigned officer will help you understand what that decision means and your options.
They’ll provide tailored information about practical next steps, such as making an application to a small claims court. We won’t have further involvement in your dispute.
Are you investigating my claims?
No. Our Dispute Assistance service is different to an investigation. The parties decide on the issues that are relevant to their dispute and how they will be resolved. We reserve the right to choose when and how to use our investigative powers. For more information, read our Compliance and Enforcement Policy Compliance and Enforcement Policy.
