Complaints to the Ombudsman (Vic)
The Victorian Ombudsman deals with complaints by individuals against government organisations. This page deals with complaining to the Ombudsman in Victoria.
Legislation
The powers and functions of the Ombudsman are set out in the Ombudsman Act 1973 and the Ombudsman Regulations 2019.
Role of the Ombudsman
The Victorian Ombudsman has existed since 1973. It exists so that individuals can have complaints against government departments and agencies investigated and resolved quickly and independently, and to improve administrative functioning and decision-making of government authorities.
Complaint areas
A person can make a complaint to the ombudsman about a local council or state government department or organisation, and other statutory authorities.
This includes:
- child protection
- VicRoads
- Fines Victoria
- Birth Deaths and Marriages
- WorkSafe
- Public universities and TAFEs
- Prisons and youth justice
The Victorian Ombudsman cannot investigate complaints about federal agencies such as the Tax Office or Centrelink. It cannot investigate complaint against private individuals or businesses, decisions made by courts, or the actions of the Victorian Police.
The Ombudsman may refuse to deal with a complaint if it is unnecessary or unjustified.
The complaint process
If you are considering making a complaint to the Victorian ombudsman, it is important to note that all attempts to resolve the situation with the agency involved should be made first. If the situation cannot be resolved directly, you can make a complaint to the Victorian Ombudsman online.
The complaint should detail what happened, when it happened, what the impact of it was, why it was unfair, and what outcome you are seeking. It should be accompanied by all supporting documents, such as correspondence from the agency involved outlining its decision, and any attempts you have made to resolve the situation.
The complaints process
After your complaint has been reviewed, the Victorian Ombudsman will attempt to resolve it informally between you and the other party. This will generally take the form of conciliation, which is a free, voluntary and impartial meeting where the parties try to reach a resolution with the assistance of a conciliator. The conciliator does not make binding decisions. They simply assist the parties to arrive at a resolution that is mutually acceptable.
If the parties come to a resolution that they are both happy with, the complaint will be considered resolved. If the complaint cannot be resolved at conciliation, the conciliator will decide what happens next and whether a formal investigation is warranted.
If necessary, the Victorian Ombudsman will conduct an investigation into a complaint. When this happens, they will inform the person who made the complaint as well as the principal authority of the agency, and the minister responsible for the area to which the complaint relates.
The Ombudsman has extensive powers to enter premises and inspect records for the purpose of carrying out the investigation.
At the conclusion of the investigation, the Ombudsman will decide whether the action taken by the authority was:
- wrong
- contrary to law
- unjust
- based on a mistake of fact
- taken for an improper purpose; or
- that reasons should have been given for the decision but weren’t
If any of the above is found, the Ombudsman must report the findings of the investigation to the authority or relevant minister; and may make recommendations as to the action that should be taken. While the Ombudsman does not have the power to enforce its recommendations, in the majority of cases its recommendations will be accepted and followed.
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.