If you are named as the respondent in an application, we will send you a copy of the application, including the Statement of problem. We will ask you to respond with a Statement in reply.
The Statement in reply should include:
You usually have 14 days to provide the Statement in reply. Sometimes we may shorten the time for providing this, but we will let you know.
The Statement in reply is your opportunity to respond to the applicant’s claims and explain what happened from your point of view. You can include any supporting documents.
Download the Statement in reply form [DOCX, 171 KB]
If you don’t provide a Statement in reply on time, we will decide whether you should
If you don’t meet the timeframe but still want to provide a Statement in reply, email us with your Statement in reply and:
If you need more time to provide your Statement in reply, email us with:
If you are a controlling third party respondent in an employment issue, you will need to fill in a different form.
Download the controlling third party statement in reply form:
Statement in reply for controlling third party [DOCX, 171 KB]
If you want to make a counterclaim, it must relate to something that has arisen out of the employment relationship.
We may need you to file your counterclaim by lodging your own application and paying the filing fee.
If you decide you want to go mediation after receiving the application, we still recommend you file your Statement in reply within 14 days. This is because it is more helpful if both parties know each other's view of the problem before going to mediation.
If you’d still prefer to attend mediation first, you need to email us, the applicant, and their representative if they have one. The email should explain why you want to file your Statement in reply after mediation and not before it.
If mediation is not successful, you will then have 14 days to submit your Statement in reply.
Email your Statement in reply to the relevant ERA office. Find our email address on the contact us page:
Lodge your Statement in reply online. You will need a RealMe® Login.
Lodge your Statement in reply by post, or by taking it into one of our offices. Find our address on the contact us page:
You do not have to pay a fee to submit your Statement in reply.