Handling of complaints

This section outlines the Australian Press Council’s procedures for responding to complaints about published material. The procedures can be divided into the following phases:

Reception of the complaint
Informal contact with the publisher
Formal exchanges of complainant’s and publisher’s views
Meeting with complainant and publisher
Adjudication
Publication of adjudication.

Phase 1: Reception of the complaint

After receiving the complaint, the Council’s Executive Secretary obtains any further details of it which he or she considers necessary at this stage and then decides whether
- the complaint will not be considered further because it does not meet the requirements about what can be complained about, who can make a complaint, and when and how a complaint should be made; or
- the complaint will not be considered further because even if the assertions in it are correct they clearly would not establish a breach of the Council’s standards; or
- the complainant should be asked to raise the matter directly with the publication in question;
- the complainant should be asked to sign an undertaking ("waiver") that he or she will not commence legal proceedings about the matter; or
- the complaint should proceed directly to Phase 2.
If the complainant agrees to raise the matter directly with the publication and does not receive within a reasonable time a response which persuades him or her to discontinue the complaint, the complaint proceeds to Phase 2 of the Council’s processes.
A complainant or a publication can request in writing a review of any decision made by the Executive Secretary to accept or reject a complaint.

Phase 2: Informal contact with the publication

The Executive Secretary considers whether to make informal contact with the publication and try to facilitate a satisfactory outcome for both the complainant and the publication. The outcome might be, for example, a satisfactory explanation of why the material was published; an informal expression of regret, publication of a response by the complainant; or publication of a correction, clarification or apology.
The Executive Secretary will also advise the publication that if it considers there is a significant risk of relevant legal proceedings being commenced the complainant it may ask for the complainant to sign an undertaking ("waiver") that he or she will not commence legal proceedings about the matter. If the Executive Secretary agrees that there is a significant risk, the complaint will not proceed further unless an appropriate undertaking is provided.
A complaint will proceed to Phase 3 if the Executive Secretary
- decides there is little likelihood that contact with the publication will achieve an outcome which will satisfy the complainant;
- contacts the publication but no outcome satisfactory to the complaint is achieved within a reasonable time.

In recent years, up to 50% of all complaints reaching Phase 2 have been resolved to the satisfaction of the complainant without proceeding to Phase 3.

Phase 3: Formal exchanges of complainant’s and publication’s views

The Executive Secretary forwards the complaint to the publication, seeking a formal response within a specified time, usually two weeks. The publication’s response is sent to the complainant for response within a specified time, and then the publication is given an opportunity to make a further response. Unless indicated otherwise, all communications by the complainant and publication with the Council during this phase will be shown to each of them but must be kept confidential between them and the Council.
At any stage during this phase, the complainant may
- decide not to pursue the complaint any further;
- seek agreement from the publication for the Council to bring them together for a meeting to attempt conciliation;
- ask the Executive Secretary to refer the complaint for adjudication under Phase 4.
Neither the complaint nor the publications can submit any further material after the end of Phase 3, except with the prior approval of the Executive Secretary on the ground that exceptional circumstances exist.

Phase 4: Meeting with complainant and publication

A date is set for the complainant and publication to meet with the Complaints Sub-Committee of the Council. The meeting is chaired by the Council’s Chair or Vice-Chair and is attended by about five other Council members. The majority of members present are not affiliated with the media industry. The complainant and publication are given an opportunity to summarise their views and answer questions from the Sub-Committee.
It is essential that the complainant and the publication either attend the meeting with the Sub-Committee or join in it by a teleconference call arranged by the Council. Exceptions will be made only with the prior approval of the Executive Secretary. The meeting is an informal discussion and legal representation is not permitted. Representation by a relative or friend may be permitted by the Chair in exceptional circumstances.

Phase 5: Adjudication

The Council considers a draft adjudication prepared by the Sub-Committee and revises it as considered appropriate. It then sends a draft adjudication to the complainant and publication, each of whom has seven days in which to provide final comments or seek review because of a material error of fact or a demonstrable procedural unfairness. If the Chair of the Council grants a review, the adjudication is re-considered by the Council.