Responding to Ombudsman complaints

The Ombudsman encourages all complainants to make their complaint directly to the agency involved to give them the opportunity to address their concerns. As well as helping resolve their complaint, bringing the matter to the agency’s attention may result in changes to agency policies or procedures that will benefit other community members.

In the event that a complainant is dissatisfied with the response from the agency in relation to their complaint, they may raise their concerns with the Ombudsman. The Ombudsman has the jurisdiction to investigate the actions of State government departments, prisons, hospitals, schools and technical colleges, local governments and public universities.

The Ombudsman's process for handling complaints

The Ombudsman will assess each complaint and if it is within jurisdiction and appropriate for the office to take action, the following action will be taken:

1. Notify the CEO of the agency

In most cases, we ask the agency concerned to comment on the complaint and to provide background information. We usually include a copy of the original complaint.

2. Seek early resolution

We will discuss options for early resolution of the complaint with the agency.
3. Conduct an investigation

As part of an investigation, the Ombudsman has the ability to interview the individuals involved, examine agency files and, generally, investigate in whatever way seems appropriate.

4. Form a view

When we have looked at the facts, we consider whether the agency has:

  • acted contrary to law;
  • acted unreasonably, unjustly, oppressively or been improperly discriminatory;
  • made a discretionary decision for an improper purpose, or taken into account irrelevant considerations or failed to consider relevant considerations;
  • failed to provide reasons for a decision when reasons should have been given;
  • based a decision wholly or partly on a mistake of law or fact; and/or
  • acted wrongly.
5. Make recommendations

The Ombudsman can recommend that the agency take some action to remedy the situation, such as a review of the decision, changes to administrative practices, an apology or a once off payment, if it is warranted.

 

Further information on the Ombudsman's process for handling complaints can be found in the following guidelines and information sheets:

Responding to complaints made to the Ombudsman about your agency

It is in the interests of everyone that complaints are handled effectively and efficiently. Agencies can support this by responding promptly with all relevant information when they are contacted by the Ombudsman and, where appropriate, being prepared to provide an apporpriate remedy for a complaint.

To assist agencies to respond effectively to investigation of complaints made to the Ombudsman, the Ombudsman has developed the following guidelines and information sheets:

  • Being interviewed by the Ombudsman
    These guidelines have been designed for people being interviewed as part of an investigation by the Ombudsman.
  • Remedies and redress
    These guidelines provide a framework to help managers make decisions about addressing a complainant’s sense of grievance when they are dissatisfied with the service they have received from the agency.