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I have read the Submission Guidelines.
Are the revised procedures well-designed to bring parties together to resolve complaints? If not, what changes could be made?
I think the revised procedures make much clearer the responsibilities of the AusNCP and how the complaint mechanism works. They more clearly state the different stages of a complaint, and make more visible the role of the Examiner and the Board. I think there is adequate information include in the procedures to bring parties together. Whether complaints will be resolved is outside of the scope of the procedures. Please see my attachment to this submission with detailed track changes to the draft procedures.
Do the proposed revised AusNCP complaint procedures strike the right balance between transparency and accessibility (i.e. are they detailed enough while also being easy to read)?
The proposed revisions are an improvement and I commend the Secretariat for their work. Please see my attached track changes in the draft procedures for more detail. I think the procedures can be strengthened with additional text around when an enterprise is publicly named, more information about required information /evidence - and that not being a barrier to accessibility for either party. I think the revisions strike a reasonable balance between expectations of the Examiner and the Board - allowing some room for discretion given how different cases can be - and at the same time meeting the effectiveness criteria of predictability. Please see my attachment to this submission with detailed track changes to the draft procedures.
Are the revised AusNCP complaint procedures equitable and impartial? Do they provide procedural fairness to the parties?
The revised procedures strengthen the effectiveness criteria of equitability and impartiality. Please see my attachment to this submission with detailed track changes to the draft procedures. These suggested edits, would in my view, strengthen procedural fairness, equity and impartiality particularly with regard to how parties are treated and when /what information (such as naming the entity) is made public.
Do you have any general comments on the revised AusNCP complaint procedures?
I have provided detailed comments with track changes to the draft complaint procedures. Please review all those, and make my suggested edits to the procedure's available to the AusNCP Board (word doc), and as an upload to the AusNCP website.
Do you have any comments on specific paragraphs or sections of the revised updated AusNCP complaint procedures?
Please see my attachment to this submission with detailed track changes to the draft procedures.
Submission
