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Commissioner of Complaints
Current Commissioner
The current Commissioner of Complaints is Dr Kerry Breen, his address is:
NHMRC Commissioner of Complaints
GPO Box 1421
CANBERRA ACT 2601
As an organisation responsible for making recommendations regarding the allocation of grants, the NHMRC is obliged to have a process in place whereby persons or organisations can object to a decision made, and have their complaint considered in an appropriate, objective manner.
There are three ‘classes’ of complaints received by the NHMRC:
- Ad hoc enquiries are telephone calls made to the NHMRC Secretariat (Centre for Research Management and Policy (CRMP)) by researchers, usually related to their unsuccessful grant application. At this stage CRMP staff are able to more fully explain the reasons for the applications failing. Where appropriate, callers are invited to formally write to CRMP, and are informed of their rights to make a formal complaint to the Commissioner.
- Objections are any written approach made to the CRMP in relation to decisions or processes relating to grants. They are managed on a case-by-case basis, and records are kept of objections received and all follow-up action taken. Objectors are advised of their rights to make a formal complaint to the Commissioner.
- Formal complaints are written submissions to the Commissioner of Complaints made with reference to Section 58 of the NHMRC Act.
Discretion not to investigate (Section 61)
The Commissioner may either decide not investigate or to discontinue an investigation into a complaint. The following grounds are provided in the Act:
- if the complainant became aware of the matter more than 12 months before making the complaint to the Commissioner
- if the commissioner has reasonable grounds for believing the complaint is frivolous, vexatious or not made in good faith
- investigation or further investigation is not justified in all the circumstances, or
- if the Commissioner considers it would be reasonable for the complainant to approach the Council (but has not done so). This point is interpreted to mean that the complainant must have approached CRMP for resolution first.
If the Commissioner exercises this discretion as described above, he must inform the complainant and include the reasons for his decision.
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What is required to make a complaint?
When a person applies to the Commissioner to investigate a complaint they must specify the nature and grounds for the complaint. The grounds for complaint are limited to those set in Section 58 of the Act and are summarised as follows:
- a breach of the rules of natural justice;
- fraud;
- no evidence or other material to justify the action;
- an irrelevant consideration was taken into account;
- a relevant consideration was not taken into account;
- a discretionary power was exercised for a purpose other than the purpose for which the power is conferred;
- the exercise of a discretionary power in bad faith;
- a personal discretionary power was exercised at the direction of another person;
- the exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case; and
- exercise of a power in a way that constitutes abuse of the power.
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How to lodge?
A complaint must be lodged with the Commissioner, in writing and signed by the complainant. The complaint must describe the action complained about and specify the nature and grounds for complaint.
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