Complaints to the Ombudsman (Qld)
The Queensland Ombudsman is responsible for dealing with complaints by individuals about administrative actions by Queensland government agencies, local councils, and public authorities. This page deals with complaining to the Ombudsman in Queensland.
Legislation
The Queensland Ombudsman is governed by the Ombudsman Act 2001, the Public Interest Disclosure Act 2010, and the Inspector of Detention Services Act 2022.
Role of the ombudsman
The Queensland Ombudsman exists so that private individuals have a way of having complaints about the decisions and administrative actions of public authorities dealt with independently, quickly, and effectively.
It seeks to foster fairness and transparency in Government administrative procedures and decisions.
Complaint areas
The Ombudsman deals with complaints against state government agencies, local councils, and other public authorities. This includes complaints against Child Safety, TAFE and university exclusions, and state schools.
The ombudsman also deals with complaints about administrative actions by police. However, complaints about operational policing decisions are handled by other agencies.
The Queensland Ombudsman does not deal with complaints against private individuals or businesses. It does not deal with complaints against Commonwealth agencies such as Centrelink and the Tax Office.
A complaint will generally not be considered if:
- the complainant has been aware of the issue for more than 12 months
- there are other agencies or avenues of appeal that are better placed to deal with the complaint.
Complaining to the Ombudsman
Prior to making a complaint to the Ombudsman, you should attempt to resolve the situation directly with the agency or authority involved. If no resolution can be reached, you can complain to the Queensland Ombudsman online.
If the Queensland Ombudsman determines that your complaint needs to be investigated, it may seek more information from you or it may seek information from the agency involved.
How long it takes to conduct an investigation depends on the nature and complexity of the issue and how much information is required.
If the Ombudsman determines that the agencies decision was unlawful, unfair, or unreasonable it may make recommendations as to how the situation should be rectified.
The Ombudsman does not have the power to enforce its recommendations; however, most recommendations are accepted and followed.
Human rights complaints
In Queensland, the Human Rights Act 2019 requires public authorities to make decisions in a way that is consistent with human rights principles.
If a person has a complaint about a Queensland public authority that involves human rights, has made a complaint directly to the agency involved and has not received an adequate response after 45 days, they may make a complaint to the Queensland Human Rights Commission (QHRC).
In some cases, it may be possible to make a complaint to either the Queensland Ombudsman or the Queensland Human Rights Commission. In this situation, it is generally advisable to complain to the QHRC about matters involving discrimination and human rights breachers, back to the Queensland ombudsman in matters involving administrative unfairness.
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.