Complaints to the Ombudsman (NT)
The NT Ombudsman is an officer of parliament who is responsible for investigating complaints about government departments and agencies, local councils, the NT police, and correctional services. This page deals with complaining to the ombudsman in the Northern Territory.
Legislation
The functions of the NT Ombudsman are governed by the Ombudsman Act 2009 and the Ombudsman Regulations 2009.
Purpose of the ombudsman
The Ombudsman’s office exists so that people can complain about government services and have those complaints investigated in a manner that is timely, independent, effective, efficient and impartial. It aims to improve the quality of public decision-making and administrative processes.
Subject of complaints
The NT Ombudsman has the power to investigate complaints against administrative decisions, actions and inactions of the NT Police, NT government departments, local councils, statutory authorities, and correctional services.
Examples of complaints that can be made to the ombudsman include complaints against public schools, public hospitals, NT Police, or Power & Water. Complaints are commonly made about decisions that are unreasonable, incorrect, harsh, delayed, or unfairly implemented.
There are some complaints that the NT Ombudsman will not deal with. These include complaints about the actions of private individuals and businesses, decisions by interstate government departments, decisions by the coroner and by judges and magistrates, decisions of government ministers and cabinet, and decisions by the Director of Public Prosecutions (DPP).
The Ombudsman also generally does not deal with complaints if the person has been aware of the issue for more than 12 months, if the person has not attempted to resolve the issue directly with the agency, or if there is another avenue of complaint or appeal available.
Resolving complaints
The Ombudsman aims to resolve complaints informally. This may include contacting the agency involved directly and asking it for a response to an outline of the complaint.
In some cases, the Ombudsman may commence an investigation into a complaint. The Ombudsman has broad powers that can be used when conducting investigations.
The Ombudsman may decline to accept a complaint if he or she considers that it is frivolous or unjustified, if it is outside of the Ombudsman’s jurisdiction, or if there is another body that is better placed to deal with it.
Making a complaint to the Ombudsman
If you are considering making a complaint to the NT Ombudsman, you should first attempt to resolve the situation with the department or agency involved.
If the complaint cannot be resolved by talking to the agency directly, you can make a complaint to the ombudsman:
- in person
- by phone
- by email
- by mail
- online
The complaint should include your name and contact details as well as a summary of what happened, who was involved, when it happened, why the decision or outcome was unfair, what steps you have taken to try to resolve the situation and what outcome you want. You should also provide all relevant documentation such as correspondence. If there is any urgent aspect to the complaint, you should make this clear.
Your complaint will then be assessed by a case officer, who may need to ask for more information either from you or from the other party. The case officer will assess whether the NT Ombudsman can deal with the complaint and whether the complaint requires investigation.
How long it takes to deal with a complaint will depend on the nature and complexity of the complaint, what information needs to be obtained, and her needs to be given procedural fairness.
When the Ombudsman has assessed your complaint, she will inform you. If the ombudsman is of the opinion that a mistake has been made, he or she will make recommendations to the authority as to the action it should take. In many cases, authorities act on the recommendations of the Ombudsman. However, the Ombudsman has no power to enforce recommendations.
If you require legal advice representation in any matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.