The Tasmanian Ombudsman exists so that private individuals have a way of having complaints about government departments and agencies resolved quickly, independently, and efficiently. This page deals with complaining to the Ombudsman in Tasmania.

Legislation

The Tasmanian Ombudsman is governed by the following legislation:

Purpose of the Ombudsman

The office of the Ombudsman exists to keep government departments and agencies accountable, and to foster transparency in administrative processes.

Types of complaints

A person can make a complaint to the Ombudsman about Tasmanian state or local government administration or decisions. This includes complaints about government departments and agencies, the provision of local government services, the treatment of people in prison.

Complaints may be made about delays, failure to follow procedures, or unfair or unreasonable decisions.

The Ombudsman does not deal with complaints against individuals or private companies. It does not deal with complaints about government departments in other states or territories, or about Commonwealth agencies such as Centrelink and the Tax Office. 

The ombudsman will generally not investigate a complaint if there is a matter before a court or if the complaint is about a decision where there is a right to appeal.

Making a complaint

If you want to make a complaint about a government decision or administrative action in Tasmania, it is important to remember that you should always try to resolve the situation directly with the agency involved first. Many government authorities have internal complaints procedures for resolving dispute with individuals.

If you are unable to resolve the situation with the agency, you can make a complaint online, in person, or over the phone. Your complaint should clearly state what happened, when it happened, who was involved, and the outcome you want to achieve. It should include all relevant documentation.

The complaint should be made as soon as possible after the issue arises. They may decline to deal with a complaint if more than two years has passed since the complainant became aware of the situation. 

Complaint procedure

The Ombudsman will assess your complaint and decide whether it can deal with it. If it cannot deal with a complaint, the complaint will generally be referred to another agency for resolution.

If the Ombudsman can deal with your complaint, it will seek to resolve the situation informally. This may involve contacting the agency involved to ask for a response or seeking further information from the complainant. Parties may be invited to take part in conciliation. This is a form of alternative dispute resolution where an impartial third-party assists them to try to reach a mutually acceptable resolution.

If no resolution can be reached this way, a formal investigation will be commenced. The Ombudsman's office has extensive powers to gather information for the purpose of investigating a complaint. This includes looking at files, interviewing witnesses, and inspecting premises. 

Formal investigations can take some time to complete.

Outcome

After investigating a matter, the Ombudsman will make recommendations. Although the Ombudsman does not have any power to enforce recommendations, in the majority of cases the agency involved will comply.

If the agency does not comply, the Ombudsman may refer the matter to parliament.

If a person is unhappy with the outcome of a complaint, they may request an internal review by a senior staff member.

Complaints to other agencies

The Ombudsman will generally not deal with a complaint if there is another agency that is better placed to handle it.

Other complaints mechanisms include:

  • The Health Complaints Commissioner Tasmania
  • The Integrity Commission
  • Equal Opportunity Tasmania
  • The Energy Ombudsman
  • The Commonwealth Ombudsman

If you require legal advice representation in any matter, please contact Go To Court Lawyers.