Complaints process

The AusNCP promotes awareness and uptake of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct (OECD Guidelines).

Our role includes considering complaints about multinational enterprises that are alleged to have acted inconsistently with the OECD Guidelines.

We only handle complaints about enterprises operating in or from Australia that are multinational in their structure and activities.Top of Form

 

 

Process overview

Diagram: AusNCP complaints procedure

Diagram: complaints process with 4 phases: coordination and Initial Assessment, dispute resolution, final statement, and Follow Up. Link to text description follows image

Text description  

The diagram is a structured flowchart divided into four columns, each representing a phase in the complaint process. The phases are:

  1. Coordination and Initial Assessment

  2. Dispute resolution (good offices)

  3. Final Statement

  4. Follow Up.

Each phase includes a:

  • title

  • approximate timeframe

  • multiple steps with conditional branches.

Phase 1: Coordination and Initial Assessment

Duration: Approximately 5 months.

  • Complaint submitted: Notifier submits concerns about non-observance of OECD Guidelines.
  • Coordination stage: AusNCP consults with National Contact Points of other countries to see who should lead on the complaint. Estimated time: 2 months.
  • Decision Point: Will the AusNCP lead? 
    • If No, a 'Transfer Statement' is issued, and the process ends.
    • If Yes, proceed to Initial Assessment.
  • Initial Assessment: Examiner decides whether the complaint merits further consideration. Estimated time: 3 months.
  • Decision Point: Is further consideration merited? 
    • If No, a Final Statement is released, and the process ends.
    • If Yes, an Initial Assessment statement is published, and the process moves to Phase 2 for dispute resolution.

Phase 2: Dispute resolution (good offices)

Duration: Approximately 6 months.

  • AusNCP offers dispute resolution services to both parties.
  • Decision Point: Parties agree to participate?
    • If the enterprise declines or withdraws, the process moves to the Examination Stage in Phase 3.
    • If the notifier declines or withdraws, the process moves to publishing a Final Statement in Phase 3.
    • If both agree to participate, dispute resolution begins.
  • Parties seek to resolve issues with AusNCP support.
  • Decision Point: Were the issues resolved?
    • If no, the process moves to the Examination Stage in Phase 3.
    • If the issues were resolved, the process moves to publishing a Final Statement in Phase 3.

Phase 3: Final Statement

Duration: Approximately 3 months.

  • Examination Stage: Examiner decides whether the OECD Guidelines were observed.
  • Final Statement: AusNCP publishes the complaint’s outcomes in a Final Statement.

Phase 4: Follow Up

Duration: Approximately 12 months after Phase 3 (if applicable).

  • Follow Up process: Examiner reviews implementation of the Final Statement’s recommendations and considers whether further AusNCP engagement needed.
  • Follow Up Statement: AusNCP publishes the outcomes of the Follow Up process.

Submit a complaint

Before you submit a complaint to the AusNCP, please read the AusNCP complaint procedures.

The procedures explain the AusNCP’s processes for considering cases.

They are based on procedural guidance in the OECD Guidelines.

Submit a complaint

AusNCP procedural guidance

Current

What’s changed in the 2024 AusNCP complaint procedures?

Past

Enquiries

You can direct your enquiries to the AusNCP Secretariat: