Terms and conditions

Terms and Conditions for calls to the Sport and Recreation Complaints and Mediation Service (SRCMS)

1. The SRCMS is an independent national complaints and mediation service.  

2. Currently, you must be over 18 years of age to raise a complaint or dispute with this Service and you acknowledge that you are over 18 years of age. We will be accepting complaints and disputes from children and young people under 18 years of age soon. See the FAQs on our website for the latest information.

3. From 7 April 2021, the SRCMS will also accept:
- anonymous complaints, complaints under the Protected Disclosures Act 2000 or those which may involve serious misconduct; and;
- complaint forms submitted online.

4. The SRCMS team will inform you whether your complaint or dispute is within the scope of the Service and will talk with you about available dispute resolution options.

5. The SRCMS team member who answers the phone is not your lawyer.  So we will not take sides in the dispute or provide you with advice about the strength of your complaint or your legal options.

6. If your complaint or dispute is within the scope of the Service, the SRCMS has the option to offer you:

- Early facilitation: this is a flexible and informal process where we work with all parties involved to seek to resolve a dispute; 
- Mediation: this is a facilitated resolution process with an independent mediator. The mediator assists the parties to seek to resolve their dispute on terms that they agree;
- Counselling services, where appropriate;
- A combination of any of the above.

7. It is always up to you whether or not to participate in any of these and we will provide you with information and support throughout the process.

8. If you raise a complaint that you would like to be investigated, we will assess whether or not an investigative mechanism is available to you under the Service.

9. If you have any questions in relation to the Protected Disclosures Act, you should contact the Ombudsman and/or obtain your own independent legal advice. We cannot provide you with legal advice about whether or not you are covered by the Protected Disclosures Act or the steps you should take under that Act.

10. The SRCMS team may in consultation with you and where appropriate refer the complaint back to the entity/organisation or appropriate national organisation (NSO, RSO) or to another agency.  

11. This Service is confidential.  This means that you can speak with us confidently knowing that we will not contact any other person or organisation about your complaint unless you choose to do so.  

12. We would only disclose your name or details of your complaint without your consent in extreme circumstances such as where we were required by law to disclose eg following a request under the Privacy Act for access to information and where there was no basis on which to refuse that request.

13. When a complaint or dispute goes to early facilitation or mediation, we require that all parties agree to keep the discussions confidential.

14. The SRCMS provides an impartial and fair process for individuals and organisations to seek to resolve their dispute. We do not (and cannot) impose an outcome on any party.  Early facilitation and mediation requires the agreement of the individuals involved to participate (we cannot compel an individual to participate in a dispute resolution process).  

15. If you have any questions about the SRCMS, please call and we will be happy to help. 

See also the FAQs on our website.

EXAMPLE

Process

1. Make an enquiry

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2. Receive assistance

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Gather information

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