Information for students
What does the word ‘Ombudsman’ mean?The word Ombudsman dates back to 1809 when the Swedish Parliament created a new official known as the Justitie-Ombudsman. Loosely translated, ‘Ombudsman’ means ‘the citizen’s defender’ or ‘representative of the people’. The traditional concept of an Ombudsman is that of an office that investigates complaints from members of the public about government administration. Its primary role being to make sure that government power is exercised properly by addressing complaints about its misuse. In Swedish the word ‘ombudsman’ is without gender and can indicate a person of either sex (the Swedish word ‘man’ can mean either ‘man’ or the broader ‘person’).
How long has an Ombudsman or Ombudsman-type institution existed?The concept of establishing a body that promoted government accountability by addressing complaints about government administration has been around since ancient times. Ombudsman-type institutions existed in Ancient Rome (which had the Tribuni Plebis), in China (in the form of the Control Yuan) and in the Muslim world (called the Wafiqi Mohtasib). In modern times, and particularly since the 1960s, many countries around the world have adopted Ombudsman-type bodies as a central democratic institution. The first English-speaking country to adopt the concept was New Zealand in 1962. Today, more than 90 countries have embraced the Ombudsman model and there are more than 150 Ombudsman-type bodies affiliated to the International Ombudsman Institute.
Ombudsman offices in AustraliaIn Australia we have a Commonwealth Ombudsman for federal government agencies and a Parliamentary Ombudsman in every state and the Northern Territory for state and territory government agencies. Click on the link below to see a list and contact details of Ombudsman offices in Australia. Other Ombudsman offices in Australia A number of industry Ombudsman and council internal Ombudsman also exist in NSW and other states. Click on the link below to see a list of industry Ombudsman and other complaint handling bodies. Other complaint handling bodies
When was the NSW Ombudsman’s office created?The NSW Ombudsman’s office was modeled on the Swedish office, and established by an Act of the NSW Parliament in 1974. This year mark the 30th anniversary of the operation of our office.
How is the Ombudsman appointed?In NSW, the Governor appoints the Ombudsman on the recommendation of the Premier. The Ombudsman can be appointed for a period of seven years and is eligible for reappointment. The Joint Parliamentary Committee on the Office of the Ombudsman and the Police Integrity Commission has the right to veto a proposed appointment of an Ombudsman.
Current and previous Ombudsman Mr Bruce Barbour, June 2000 – present
What is the role of the NSW Ombudsman?The primary role of the Ombudsman is to be an independent review body – the common thread that runs through most of the functions of the office. This role include:
It is important to understand that the role of the Ombudsman is not to replace or oppose decision-making by government or relevant agencies. Rather, the Ombudsman exists to assist agencies and persons within jurisdiction to be aware of their responsibilities to the public, to act reasonably, and to ensure that they comply with the law and best practice in administration. Click on the link below to find out more about the Ombudsman’s role and functions. Public sector agencies fact sheet: Jurisdiction and functions of the Ombudsman
What are the main functions of the Ombudsman?We have a wide range of functions including dealing with complaints about the public sector and the provision of community services, review the determination of FOI applications, oversighting the investigation of complaints about police and the handling of allegations relating to child protection against employees of public and private sector agencies within jurisdiction, and reviewing implementation of certain legislation. Click on the link below to find out more about the Ombudsman’s role and functions. Public sector agencies fact sheet: Jurisdiction and functions of the Ombudsman Click on the link below for details about our various responsibilities.
Where does the Ombudsman derive power?The Ombudsman is established under the Ombudsman Act 1974, however our functions are provided for in various Acts that set out our jurisdiction. Click on the link below to see a list of legislation under which we operate. Legislation that governs the work of NSW Ombudsman
What are the powers of the Ombudsman?We have wide investigative powers including requiring answers to questions in writing, requiring the production of documents and other things, the right to enter and inspect premises owned or used by agencies within jurisdiction, and requiring people to appear and give evidence on oath. It is a criminal offence if a person resists or hinders the Ombudsman, makes false statements or misleads the Ombudsman, refuses to comply with requirements, or takes detrimental action against a person for complaining to the Ombudsman.
Can the Ombudsman force an agency to take up its recommendation?If we find that a complaint is justified, we will prepare a report to the agency or service provider concerned and the relevant Minister. In our report, we may recommend that.
We cannot force an agency or service provider to comply with our recommendations, however they usually do. If they do not, and we believe it is in the public interest to do so, we may make a special report to Parliament. Click on the link below to see a list of our special reports to Parliament in recent years.
Who is the Ombudsman accountable to?Our office is the Parliamentary Ombudsman for NSW. This means that we are accountable to the Parliament. This also means that we are independent of the government of the day. The Joint Parliamentary Committee on the Ombudsman and the Police Integrity Commission is responsible for monitoring and reviewing our exercise of our functions. This is a statutory committee comprising of members of the NSW Legislative Assembly and the Legislative Council, and formed to ensure that we are accountable to the legislature and independent from the executive.
Who can complain to the Ombudsman?Anyone can make a complaint to the Ombudsman. If you do not want to make a complaint yourself, you can ask someone else – a relative, friend, advocate, solicitor, welfare worker or your MP to complain on your behalf. Our services are free, and we accept complaints written in languages other than English.Click on the link below to find out more about how to make a complaint.
In NSW, is the Ombudsman the only review body?The Ombudsman is an avenue of administrative review in the State of NSW. If a member of the public is unhappy with a decision made by an agency within jurisdiction, after raising it with the agency, he or she has two primary options:
Where does the Ombudsman fit with other watchdog agencies in NSW?In the 30 years since our office was established, many other watchdog agencies have been created. It is easy for people to become confused about who they should approach about their concerns. We keep under scrutiny agencies that delivering public services, community services and services to children. Our focus is on good administrative conduct – not corruption, financial mismanagement, industrial disputes, discrimination or negligence. Some of the other watchdog agencies in NSW include: Independent Commission Against Corruption: public sector corruption
Can I get someone from the Ombudsman’s office to speak at my school?Yes. Our Youth Liaison Officer is happy to come and speak at your Student Representative Council meetings, assembly, or you class, about what the Ombudsman does and how young people can make complaints. The Youth Liaison Officer can also bring an information stand to any school events.
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