FAQs
Who can complain to the Ombudsman?
Anyone can make a complaint to the Ombudsman. If you do not want to make the complaint yourself, you can ask anyone - a relative, friend, solicitor, welfare worker or anyone else - to complain on your behalf. Your local member of Parliament can also make a complaint for you.
Who can I complain about?
If you think you have been unfairly treated by a NSW government agency or employee, or certain non-government service providers and their employees, you can complain to us. We receive complaints about:
- NSW Police and police officers
- councils, councillors and council staff
- correctional centres
- juvenile justice centres
- community service providers, both government and non-government, on matters about child and family services, disability accommodation and support, home and community care, refuges and other services
- freedom of information
- protected disclosures.
We also oversee and monitor the investigation of allegations relating to child protection against employees of government agencies and certain non-government agencies such as schools.
What can I complain about?
You can complain to us about conduct that may be illegal, unreasonable, unjust or oppressive, improperly discriminatory, based on improper motives or irrelevant grounds, based on a mistake of law or fact, or otherwise wrong.
Click here
to learn more about what you can complain to us about.
Can I make an anonymous complaint?
Yes, you can. However we will not normally investigate an anonymous complaint unless it raises a serious matter and there is enough information in the complaint to make out a prima facie case or carry out an investigation.
Can I be victimised if I make a complaint?
It's illegal. If you believe you have been victimised for making a complaint, tell us. We take such allegations very seriously.
How do I make a complaint?
You can start by telephoning us for advice. If you decide to make a complaint, it must be in writing. If you have difficulty writing the letter, we can help. We can also arrange for translation and interpreter services. Make sure you include copies of all relevant correspondence between you and the agency when you send us your complaint.
What should I include in my complaint?
It is important that you briefly explain your concerns in your own words. There should be enough information for us to make an assessment of the circumstances of your complaint and decide on the most appropriate response. When writing your complaint, think about the following:
- What happened ? Where did the events take place? When (time and date)? Who was involved?
- Were there any witnesses to these events? Have you included their details?
- Do you have any medical evidence, photographs or documents that may be relevant? If so, you may want to send copies with your complaint.
- If police were involved, are you able to identify the officers?
- Have you already taken any action about your complaint?
- What action or outcome would you like to see as a result of your complaint?
How long will it take?
Some complaints can be dealt with quickly. Others may take many months to investigate properly. We will try to deal with your complaint as quickly as possible.
What happens to my complaint?
We will give your complaint careful attention. In most cases we will telephone the agency or person involved and ask for an explanation. Most complaints are resolved at this stage. If we are not satisfied with the agency's response we may decide to investigate further.
As we do not have the resources to investigate every complaint, we give priority to serious matters - especially if they may affect other people. If there are reasons why we cannot take up your complaint, we will tell you.
What happens in an investigation?
If we cannot investigate your complaint, we will write to you explaining why.
If we are going to investigate your complaint, an investigator will contact you. In most cases, as a first step, we will ask the agency concerned to comment on your complaint and explain their actions. We then tell you what the agency has said and what we think of their explanation. Some matters are resolved at this stage and the investigation is discontinued.
However, if the investigation continues it can take several months until a formal report is issued. You will be told if your complaint is going to be dealt with in this way and what is likely to happen. If we find your complaint is justified, the findings are reported to the agency concerned and the relevant minister. We also tell you about our findings.
In a report, we may recommend that:
- the agency should reconsider or change their action or decision
- a law, rule or procedure should be changed
- the agency should take appropriate action such as pay compensation for financial loss or, in serious cases, initiate criminal proceedings.
We cannot force an agency to comply with our recommendations, but most agencies do. If they do not, and we believe it in is the public interest to do so, we can make a report to Parliament.
Complaints about police are handled differently to those about other agencies. Click here for more information.
What can I expect from the Ombudsman?
- friendly, courteous attention
- a personal assessment of every written complaint by a senior member of staff
- totally independent and impartial advice
- investigations in private
- procedures that are fair to you and the agency concerned
- clear explanations about what we can and cannot do
- regular information about the progress of your complaint
- full reasons for any decisions we make.
What if I am unhappy with the Ombudsman's
actions?
We are committed to improving our service to the public and we welcome your views, even if they are critical. We pay close attention to all suggestions and complaints we receive about our service.
If you are unhappy with our decision, you can ask for your case to be reviewed. All reviews are done by senior staff and by someone other than the person originally assigned to your complaint. If you have a suggestion, complaint or want to request a review of any decision, please telephone or write to the complaints manager in our general, child protection or police team or our community services division.
If you are not satisfied with any of the procedures used by the Ombudsman, you can contact the Joint Parliamentary Committee on the Office of the Ombudsman and the Police Integrity Commission. This committee monitors and reviews the Ombudsman's functions. However they cannot review our decisions about individual complaints.
Address your letter to:
Clerk to the Committee
Committee on the Office of the Ombudsman
and the Police Integrity Commission
Parliament House
Macquarie Street
SYDNEY NSW 2000
