The independent examiners are experts contracted to Treasury to manage complaints against multinational enterprises brought to the AusNCP relating to implementation of the OECD Guidelines for Multinational Enterprises (OECD Guidelines), including:
- communication and conciliation with parties
- decision making
- published statements on findings.
Independent evaluation and decisions
The examiners provide independent evaluation and decisions at each stage of the complaints process:
- Initial assessment to determine whether to accept, reject or transfer a complaint
- Good offices facilitated dialogue between parties
- Final statement recommendations about an enterprise’s actions consistent with OECD Guidelines
- Follow up with parties on recommendations.
Independent examiners also assist in raising awareness of the AusNCP functions and promote responsible business conduct standards under the OECD Guidelines through their networks and events.
The examiners are supported by the AusNCP Secretariat in the Treasury and the Governance and Advisory Board.
Current independent examiners
Shanta Martin was appointed as an ad‑hoc AusNCP Independent Examiner for case #27 on 10 December 2021. She became an ongoing independent examiner on 30 March 2022.
Shanta is a Melbourne‑based barrister with over 20 years’ experience in business and human rights. She is the Victorian Bar member of the Law Council of Australia’s Business and Human Rights Committee.
She practises in commercial, corporate regulatory, and public law in the federal and Victorian courts and in commercial arbitrations. Shanta has extensive experience in litigation arising from the operations of corporate entities internationally. She is qualified in Victoria, England and Wales.
Shanta was a former partner at London‑based law firm, Leigh Day, specialising in international disputes. She led pioneering litigation in claims arising from modern slavery, human rights abuse and environmental harm.
She led the business and human rights work at Amnesty International’s International Secretariat in London and at Oxfam Australia.
Shanta actively engaged in the development of the United Nations Guiding Principles, the 2011 revision of the OECD Guidelines for Multinational Enterprises and the International Finance Corporation’s Performance Standards review.
Shiv Martin was appointed as an AusNCP Independent Examiner on 10 June 2022.
Shiv is the Assistant Information Commissioner for the Queensland Government. She is experienced in making statutory decisions on the information and privacy rights of individuals, corporations and government entities.
Shiv is a nationally accredited mediator, practicing lawyer, statutory decision maker and certified vocational trainer. She’s engaged in dispute resolution, stakeholder engagement and team building in the government and legal sectors for over 10 years. She conducts private mediations and works as a facilitator for public sector workplaces and community organisations through her own practice.
She has conducted conferences and conciliations in her role as a Conference Registrar for the Administrative Appeals Tribunal. This included public sector disputes in tax, worker’s compensation, disability support and social services complaints.
Shiv is an active member of the South Queensland Dispute Resolution Centre. She’s taught dispute resolution at the University of Queensland and the University of Newcastle.
John Southalan was appointed as an AusNCP Independent Examiner on 29 July 2019.
John is a barrister, academic and accredited mediator based in Western Australia with extensive experience in responsible business conduct, dispute resolution and land‑resources issues.
He has over 15 years’ experience advising and representing parties in disputes involving land and resource use. This includes working with Indigenous groups, companies, pastoralists, civil society organisations, governments (in Australia and internationally).
John has advised governments in Australia and internationally on mining law. For over 8 years, he worked with the Australian Human Rights Commission and the Yamatji Marlpa Aboriginal Corporation in relation to Indigenous land rights.
John has taught and researched about the resources sector and its regulation at universities in Australia and overseas. He is a current affiliate of the Universities of Dundee, Western Australia, Murdoch, and Curtin.
John is an active member of the Resolution Institute and is accredited under their Online Dispute Resolution Certification Programme. He is also on the Native Title Mediator List of the Federal Court of Australia.