The role of the Ombudsman

The Ombudsman is an independent officer of Parliament with responsibility to investigate the actions of public authorities including State Government departments, prisons, hospitals, schools and technical colleges, local governments and public universities.

The creation of the office of the Ombudsman recognised:

  • the growing power of public authorities to affect people’s daily lives;
  • the need for these agencies to be accountable for this power; and
  • the desirability of creating a body that provides timely, accessible and low cost means for people to resolve their disputes with these agencies.

Read more about the History of the Ombudsman

What does the Ombudsman do?

The Ombudsman’s office has three principal functions, which are:

  • Resolving complaints about the decision making and practices of public authorities. See How to make a complaint;
  • Improving the standard of public administration through iInvestigations initiated by the Ombudsman about significant public sector issues; making suggestions and recommendations to improve public administration; and providing advice and guidance to public authorities. See Improving public administration; and
  • The Ombudsman's office is also involved in the review and investigation of sudden or unexpected deaths of children in Western Australia. This function involves reviewing, investigating and making recommendations to the Department for Child Protection and other public authorities in relation to preventable deaths of children. See Child death reviews.

The Ombudsman always observes an independent and impartial approach to the conduct of investigations as well as observing procedural fairness at all times. Information obtained by the Ombudsman in an investigation is confidential. At the conclusion of an investigation, the Ombudsman may make formal recommendations, including to:

  • refer the matter to another agency;
  • rectify administrative actions;
  • vary administrative practice;
  • reconsider the law which underpins administrative action; or
  • give reasons for a decision.

The Ombudsman places a strong emphasis on making practical recommendations about significant matters. The Ombudsman does not make recommendations unless it is considered that they will be beneficial to the public. The Ombudsman also considers the costs recommendations will have for agencies. The Ombudsman seeks to make recommendations that have a beneficial outcome for the Western Australian public.

Governing Legislation

The governing legislation for the Ombudsman’s office is:

  • the Parliamentary Commissioner Act 1971 which provides the basis for the existence of the Office; and
  • the Telecommunications (Interception) Western Australia Act 1996 which places certain statutory responsibilities on the Ombudsman. The Office does not administer any legislation.

Copies of the governing legislation can be viewed on the State Law Publisher website.