NCP Australia
This page provides information related to NCP Australia. Directly underneath, you find the scores of the NCP on the NCP Evaluation Project. The NCP is evaluated on the indicators with Yes, No or Partial/Not Applicable. The indicators are ordered per category. Only a few indicators per category are shown on this page. To see them all, click on “more…. indicators To see what indicator scores best among all NCPs go to the NCP Evaluation Overview. At the bottom, there is news related to the NCP.
Related complaints
In the OECD Watch Complaint Database you can find all the related complaints with NCP Australia
NCP considers only the six admissibility criteria set out in the Guidelines and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP considers only the six admissibility criteria set out in the Guidelines.
Source
Case-handling procedures, Paragraph 30: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP assesses the issues raised even if mediation is declined by a party and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that if, at any time, either party decides not to continue the NCP will prepare a final statement. If the company declines mediation, the NCP "will prepare a final statement which will include an examination of the issues raised, unless an examiner determines the enterprise discontinued due to a lack of good-faith engagement by the notifier". The NCP has done this in practice.
Source
Case-handling procedures, paragraph 44 – 45.2: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
Publish What You Pay Australia and 254 Myanmar CSOs vs Myanmar Metals: https://www.oecdwatch.org/complaint/publish-what-you-pay-australia-and-254-myanmar-csos-vs-myanmar-metals/
Project Sepik Inc. and Jubilee Australia Research Centre vs PanAust Limited: https://www.oecdwatch.org/complaint/project-sepik-inc-and-jubilee-australia-research-centre-vs-panaust-limited/
NCP website shows case-handling procedures for complaint handling in national language(s) and English.
Evaluation
The Australian NCP has published its case-handling procedures in English.
Source
Case-handling procedures in English: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP does not allow companies to remain anonymous when a complaint is filed and/or has a commitment not to do so in its case-handling procedures.
Evaluation
The Australian NCP allows companies to remain anonymous when a complaint is filed unless "the details of the complaint are already in the public domain". The NCP does publish the name of the company at the initial assessment stage.
Source
Complaints database: https://ausncp.gov.au/complaints/track-complaints
Case-handling procedures, paragraph 29.1 & 33.2: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP allows complainants to withhold their identity from the company for security reasons, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that where there are risks to personal safety or a threat or risk of reprisals against the complainant, the NCP will enable them to file anonymously via a third party. The third party must be able to demonstrate their authority to act on behalf of the complainants and show evidence of the need for anonymity.
Source
Case-handling procedures, paragraph 10: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP offers guidance in both national language(s) and English on how to file complaints.
Evaluation
The Australian NCP provides a fill-in form on its website to submit complaints and also states that, if a complainant is unable to use the form, it will seek to provide alternative arrangements to ensure the process is accessible such as email, translation services, or connecting the complainant to third party expertise to assist in forming their complaint. The NCP further states that it will take reasonable steps to ensure the process is accessible to all parties, especially overseas complainants, which may include technology, translation services and engagement with overseas missions.
Source
Submit a complaint website page: https://ausncp.gov.au/complaints/submit-complaint
Case-handling procedures, paragraphs 3.1 and 6: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP follows the expected timeline for each stage of the complaint-handling procedure and communicates punctually with all complaint parties over the status of the complaint, including any reasonable delays, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP indicates the expected timelines for complaints clearly on its website and in its case-handling procedures, and states that it will communicate with parties about any anticipated or ongoing delays, and that significant delays will be noted on its website.
Source
Website: https://ausncp.gov.au/complaints/complaints-process
Case-handling procedures, Paragraphs 78-79 & Appendix A: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP website contains a permanent record of every complaint received by the NCP, including parties to the complaint, the issue(s) addressed, and the status of the complaint.
Evaluation
The Australian NCP's website has a complaints database with every complaint received by the NCP, including the date the complaint was recieved by the NCP, the parties to the complaint, the location of the impacts, the status of the complaint, and statements made by the NCP that include details on the issue(s) addressed.
Source
Track complaints: https://ausncp.gov.au/complaints/track-complaints
NCP prevents or addresses potential or perceived conflicts of interest of any person playing a role for the NCP in the complaint and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that both Board members and examiners "must disclose conflicts of interest". Board members must disclose conflicts of interest relating to complaints in accordance with the 'Guidelines for disclosing interests and managing conflicts' annexed to the NCP's Board terms of reference, which outline when and how AusNCP Board members' conflicts should be identified, assessed, and managed. Examiners must disclose conflicts of interest in accordance with the 'Independent Examiner Conflicts of Interest Framework', which is not publicly available. The NCP's case-handling procedures also set out the NCP secretariat's procedures for managing conflicts of interest in complaints. The secretariat will only appoint an examiner for the initial assessment, good offices, and follow-up stages after considering 'any actual, perceived or potential conflicts of interest' of the examiner.
Source
Case-handling procedures, Paragraph 97 – 98, and 16.3, 38.3, and 71.3: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
AusNCP Governance and Advisory Board Terms of Reference, Annex A: https://ausncp.gov.au/sites/default/files/2022-07/gab-tor-2022_1.pdf
NCP recommends consequences from its government for companies that engage in bad faith in the proceedings or fail to implement agreements reached, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP does not recommend consequences from its government. The NCP states that it may, where appropriate, share the final statement with other relevant government agencies for their consideration.
Source
Case-handling procedures, paragraph 61: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP clarifies how it will engage with other NCPs in relation to the handling of complaints, including explaining when complaints may be jointly handled or transferred to other NCPs.
Evaluation
The Australian NCP explains the process of coordination between NCPs, including how complaints may be transferred to another NCP or handled jointly. It also states that "if a complaint is transferred to another NCP...a transfer statement will be published on the AusNCP website stating why and to which NCP the complaint has been transferred."
Source
Case-handling procedures, Paragraph 24 – 27 & 35: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP makes determinations in its final statements when no agreement is reached explaining how the company has (not) observed specific provisions of the Guidelines, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that the final statement may include views on whether the company has observed or breached the OECD Guidelines and whether the parties engaged in good faith throughout the process. The NCP has issued determinations in practice.
Source
Case-handling procedures, paragraph 13 & 60.4, and Glossary: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
Publish What You Pay Australia and 254 Myanmar CSOs vs Myanmar Metals: https://www.oecdwatch.org/complaint/publish-what-you-pay-australia-and-254-myanmar-csos-vs-myanmar-metals/
NCP ensures a low threshold to assess whether the issue is material and substantiated and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that it will "interpret 'material and substantiated' to mean that the issues are plausible and related to the application of the OECD Guidelines, and that there is a plausible link between the enterprise and the issues raised".
Source
Case-handling procedures, paragraph 31: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP ensures it has access to and, where relevant, uses investigative resources and broad external subject-matter expertise to support its complaint handling functions, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that, in order to ensure the process is accessible, it may engage with overseas missions of the Australian government throughout the complaint process. In addition, when examining a complaint the NCP may also seek out additional information and advice from other stakeholders.
Source
Case-handling procedures, paragraphs 3.1 and 54: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP always engages in follow-up and publishes follow-up statements where relevant, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that it will follow-up on agreements reached or recommendations given, and publish follow-up statements. The NCP has done so in practice.
Source
Case-handling procedures, paragraph 70 – 77: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
Complaints database: https://ausncp.gov.au/complaints/track-complaints
NCP plays a guiding role in mediation, ensuring agreements reached further the implementation of the Guidelines and address past harms.
Evaluation
The Australian NCP does not explicity state that the NCP will use its expertise to guide the mediation discussion. It does state that the aim of mediation is to arrive at a "mutually agreed resolution", however it does not specify that this should include a commitment by the company to further the implementation of the Guidelines in future and, where relevant and as appropriate, address past harms.
Source
Case-handling procedures, paragraph 37: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP accepts complaints in national language(s) and English and covers the cost of translation of key filings and statements and interpretation during mediation, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that it "supports participation in its processes by culturally and linguistically diverse individuals or groups...[and] will strive to sensitively facilitate equitable access and participation in the AusNCP complaint process". The NCP "will take reasonable steps to ensure the AusNCP complaints process is accessible to all parties, especially overseas notifiers. This may include using technology, translation services and engagement by the Australian Government's overseas missions... This applies to all phases of the AusNCP complaint process."
Source
Case-handling procedures, Paragraph 2 – 3: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP holds mediation in the most accessible manner for complainants and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that it "will take reasonable steps to ensure the AusNCP complaints process is accessible to all parties, especially overseas notifiers. This may include using technology, translation services and enagement by the Australian Government's overseas missions". It also states that "where a notifier's security would be comprised by direct participation in discussions, the examiner will seek to agree alternative arrangements that would allow the notifier to participate indirectly".
Source
Case-handling procedures, paragraph 3.1 & 42.3: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP works to accept complaints despite parallel proceedings and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP accepts complaints despite parallel proceedings. It refers to Paragraph 35 of the OECD Implementation Procedures, which addresses parallel proceedings and outlines the specified details.
Source
Case-handling procedures, paragraph 22: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP provides an external review process for parties to pursue if they believe the NCP has not followed its internal procedures.
Evaluation
The Australian NCP has an external procedural review process outlined in its case-handling procedures. Upon a request for procedural review, the Board forms a Board Review Committee consisting of three Board members (one government and two non-government (either union or civil society) members) to participate in the Committee.
Source
Case-handling procedures, paragraph 80 – 90: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP consults parties on and publishes a final statement that includes the basic information required after the case reaches that stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that it will publish a final statement at the conclusion of the complaint process that includes the basic information required, and that it will share a draft to both parties for comment.
Source
Case-handling procedures, paragraph 56 – 69: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP website shows the initial assessment for every complaint received which is published after the initial assessment stage is concluded, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that if a complaint is accepted an initial assessment will be published on the AusNCP website, and if a complaint is rejected, a final statement will be prepared and published. The initial assessments of every case can be found on the NCP website's complaints database.
Source
Case-handling procedures, paragraph 33 – 34: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
Complaints database: https://ausncp.gov.au/complaints/track-complaints
NCP makes recommendations in its final statements on specific company action needed to support remediation of past harm and/or observe the Guidelines in future, and/or the NCP has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that it can, where appropriate, incorporate in its final statements recommendations to improve observance or implementation of the OECD Guidelines. The NCP has made recommendations in practice.
Source
Case-handling procedures, paragraph 13, 55, 59.2 & 60.2: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
Publish What You Pay Australia and 254 Myanmar CSOs vs Myanmar Metals: https://www.oecdwatch.org/complaint/publish-what-you-pay-australia-and-254-myanmar-csos-vs-myanmar-metals/
Project Sepik Inc. and Jubilee Australia Research Centre vs PanAust Limited: https://www.oecdwatch.org/complaint/project-sepik-inc-and-jubilee-australia-research-centre-vs-panaust-limited/
NCP proclaims zero tolerance for reprisals against the NCP and implements measures to respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that parties must act in good faith that includes not threatening or taking reprisals against other parties or the NCP. The NCP does not have a zero-tolerance policy for reprisals against the NCP.
Source
Case-handling procedures, Paragraph 11: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP proclaims zero tolerance for reprisals against complainants and assesses and implements measures to prevent and respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that a complainant may file anonymously where there is a threat or risk of reprisals and that where a complainant has withdrawn the complaint, it will consider where there were concerns about reprisals and safety, including where appropriate by contacting the complainant or other relevant parties. The NCP also states that parties must act in good faith, which includes not threatening or taking reprisals against other parties. The NCP does not have a zero-tolerance policy for reprisals.
Source
Case-handling procedures, Paragraph 10 & 99.1: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP supports transparency between the parties in the complaint process generally, including by the sharing of all relevant facts and arguments brought forward by each party during the proceedings with other parties, requiring confidentiality only over the personal identities of parties for security/privacy reasons or legitimately sensitive business information, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP states that information will be shared between parties only with consent of the party providing the information. If a party does not give the consent, the NCP assesses whether it is reasonable and works with the party to excise sensitive information. Information that cannot be shared will not form part of the NCP's consideration of the complaint.
Source
Complaint Procedures, Paragraph 92 – 93: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
NCP supports transparency during the complaint process by allowing complainants to publish their own complaint and communicate about the stages of the process. The NCP requires confidentiality only over the personal identities of parties for security/privacy reasons, legitimately sensitive business information, and documents shared and discussions had during the mediation stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Australian NCP's case-handling procedures do not set out details on transparency towards the public. In practice, the NCP ensures transparency towards the public, including by allowing complainants to publish their own complaint and communicate about the stages of the process.
Source
Complaints handled by AusNCP: https://www.oecdwatch.org/complaints-database/?fwp_ncp=23184
NCP has a dedicated detailed budget that is published on its website.
Evaluation
The Australian NCP has a dedicated budget, but it is not published on its website.
Source
Annual Report 2023, question 12
NCP has an independent expert structure whereby complaints are handled strictly by non-governmental independent experts.
Evaluation
The Australian NCP has an independent expert structure. Complaints are handled by Independent Examiners that are independent from the government.
Source
Case-handling procedures, Paragraph 12-14, and Glossary: https://ausncp.gov.au/sites/default/files/2024-04/ausncp-complaint-procedures.pdf
AusNCP About webpage: https://ausncp.gov.au/about
Independent Examiners: https://ausncp.gov.au/complaints/independent-examiners
NCP is not housed within a ministry focused on economics, trade, or investment to limit risk of real or perceived conflict of interest.
Evaluation
The Australian NCP's secretariat is housed within the Market Conduct and Digital Division of the Treasury Department. However, complaints are handled strictly by independent examiners, therefore the NCP receives a partial score.
Source
About AusNCP: https://ausncp.gov.au/about
NCP is led or overseen by senior officials that are actively engaged with the NCP’s work.
Evaluation
The Australian NCP's Governance and Advisory Board is chaired by a senior official within the Treasury Department and includes senior individuals from various government departments. The Board provides advice and other support to the NCP and its independent examiners.
Source
Governance and Advisory Body: https://ausncp.gov.au/responsible-business-conduct/governance-and-advisory-board
AusNCP Governance and Advisory Board, Terms of Reference: https://ausncp.gov.au/sites/default/files/2022-07/gab-tor-2022_1.pdf
NCP employs two or more full-time staff that hold permanent (non-rotating and not short-term) positions.
Evaluation
The Australian NCP has 2 full-time (government) staff members that hold permanent positions and 4 part-time Independent Examiners that hold multi-year contracts.
Source
Annual Report 2023, question 8 – 9
NCP has a multi-stakeholder advisory body involving all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses). The advisory body is meaningfully consulted by the NCP on its promotional and complaint-handling activities at least 2 times a year.
Evaluation
The Australian NCP's Governance and Advisory Board is a multi-stakeholder body that consists of representatives from government, business, NGOs, and workers/labour organisations. They meet twice a year.
Source
Governance and Advisory Board: https://ausncp.gov.au/responsible-business-conduct/governance-and-advisory-board
NCP structure ensures all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses) at minimum advise on individual complaints.
Evaluation
The Australian NCP has an independent expert structure. The NCP's Governance and Advisory Board has representatives from the government, business, NGOs and trade unions, and they provide expert advice to the independent examiners to help manage complaints.
Source
AusNCP About webpage: https://ausncp.gov.au/about
Independent Examiners: https://ausncp.gov.au/complaints/independent-examiners
Governance and Advisory Board: https://ausncp.gov.au/responsible-business-conduct/governance-and-advisory-board
NCP has a website that shows:
- Contact information for the NCP;
- Links to the Guidelines and translations of the Guidelines in national language(s) and English;
- Links to the OECD Due Diligence Guidance documents;
- A comprehensive description of the Guidelines, due diligence, and the dual mandate of the NCP in national language(s) and English; and
- The NCP’s most recent annual report to the OECD.
Evaluation
The Australian NCP's website includes all items listed.
Source
NCP website: https://ausncp.gov.au/
NCP annually promotes the Guidelines and due diligence guidance to civil society.
Evaluation
The Australian NCP has not (co-)organised or participated in any events that are specifically targeted at civil society, but has co-organised and participated in events targeted at all core stakeholder groups. In addition, the NCP has engaged with civil society through direct outreach and providing e-newsletter content on the Guidelines for circulation among civil society.
Source
Annual report 2023, question 26 & Annex, Table 1 & 2
UNSW Diplomacy Training Program (DPT) eNews Issues #176 & #180: https://dtp.org.au/newsletters/
NCPs annually promotes the Guidelines and due diligence guidance to its government.
Evaluation
The Australian NCP co-organised promotional events in 2023 for the Attorney General's Department and the Department of Foreign Affairs and Trade. It also participated in events organised by the Attorney General's Department and the Department of Foreign Affairs and Trade. The NCP also promotes the Guidelines among its government through government membership of its advisory board, by sharing OECD materials, briefing new Ambassadors, and working with communications staff in other ministries.
Source
Annual Report 2023, question 49 – 50 & Annex, Table 1 & 2
NCP supports its government in developing, implementing, and fostering policies, programmes, and/or laws on responsible business conduct that are coherent with the Guidelines.
Evaluation
In 2023, the Australian NCP participated in consultations when developing Australia's position on responsible business conduct elements of trade agreement negotiations; exchanged with relevant government areas when they are considering and developing reforms to domestic policy settings; and have routinely shared OECD tools, webinars and guidance with other areas of government. Both trade promotion and export credit agencies are also represented on the NCP's advisory board.
Source
Annual report 2023; questions 51 – 59