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How to complain

Dealing with complaints about breaches of benchmark conditions

If your complaint involves a possible breach of the benchmark conditions for employees and contractors performing work under this tender, the Contracting Services Centre will refer your complaint to an inspector from NSW Industrial Relations (OIR).

Within two working days of receiving your complaint, the NSW IR inspector will contact you to request any information relevant which could be considered relevant to the investigation.  You will be given the name and contact details of the inspector handling your complaint.

Please note that the NSW IR inspector does not act on your behalf, but must investigate your allegations impartially.  Usually the NSW IR inspector will widen the investigation to include other employees or contractors, and not just the matter(s) set out in your complaint.

NSW Industrial Relations aims to resolve 75% of its investigations within the first 60 days.  As larger or more complex investigations can take longer to complete, after 60 days you will receive monthly updates of progress with your complaint.

If the NSW IR inspector considers that some or all of your complaint should be dealt with by another NSW or federal agency, you will be contacted before the matter is referred to the agency.

At the end of NSW IR's investigation, you will receive written notification of the outcome of the NSW IR investigation.  The NSW IR inspector will provide the employer/contractor who has been investigated with a written statement of the outcome of the investigation.

You will be provided with 14 days to respond to the written notification of the outcome of the NSW IR investigation, before NSW Procurement is advised.

NSW Industrial Relations will report the progress and outcome of all complaint investigations on its website.  The identity of parties making a complaint, or parties the subject of a complaint, will not be shown on the website.

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