The Commission discontinued its independent complaints reviewing scheme for new complaints on 1 April 2012. However, it will remain available for some complainants who lodged their complaint with us by 31 March 2012 if they remain dissatisfied with the final outcome of the Commission’s internal complaints procedure. Eligibility for the scheme is determined using fixed Access Criteria.

Our scheme is intended to allow a final stage of independent review for the most serious and complex complaints. This scheme is not available for cases handled by First Contact.

Specific access criteria apply to the scheme and cases will only be eligible for review if the ICR considers that the criteria are met.

Complaints may qualify for independent review if they are:

• complaints about systemic practices of the Commission which have allegedly caused significant detriment or significant injustice
• complaints alleging case-specific bias or discrimination - ie where it is contended that the Commission has demonstrated partiality and has been unfair in applying its policies and that this has caused significant harm or significant injustice
• complaints that the Commission's action or inaction has caused significant detriment or significant injustice

The ICR is only able to look at the standards of service delivered by the Commission and is unable to reconsider the Commission's decisions, whether made under its statutory powers or its operational discretion.

In addition, complaints can only be considered for independent review if referred within 3 months of the Commission's final response under its internal complaints procedures.

The ICRs take forward cases on an alternating basis. If you wish to take your complaint further and think you qualify for the scheme you should contact us, in the first instance, for the attention of the Business Assurance Team. They will advise you which ICR you should contact. You can then get in touch directly with the ICR yourself.

The ICR will look into your complaint and will let you know whether or not it fulfils the access criteria and can be reviewed. Decisions about eligibility made by the ICR are final.

The Commission's independent complaint reviewers are: