In Western Australia, the Ombudsman is responsible for dealing with complaints about state government agencies and departments, local councils, and statutory bodies. This page deals with complaining to the Ombudsman in Western Australia.
Legislation
The Western Australian Ombudsman is governed by the Parliamentary Commissioner Act 1971.
Purpose of the Ombudsman
The Ombudsman exists so that individuals have a way of having complaints about the administration of government authorities dealt with by an independent investigator. It aims to improve public administration, investigating broad issues as well as individual complaints.
Types of complaints
The Western Australian Ombudsman deals with complaints against most government authorities. This includes:
- state government authorities
- local councils
- boards and corporations
- other public sector bodies
- the Western Australian Police, where the complaint is administrative. Other complaints against the police are dealt with internally or through the Crime and Corruption Commission.
Complaints must relate to matters of administration, which includes most decisions and actions taken by public authorities.
The Ombudsman cannot deal with complaints against private individuals, businesses, parliament, court of judicial officers, decisions made by ministers or by cabinet.
The Ombudsman will generally not deal with complaints that are more than 12 months old. However, in exceptional cases this time limit maybe waived.
The Ombudsman Will not deal with complaints that can be taken to a court or tribunal
Making a complaint
Before making a complaint to the W.A. Ombudsman, it is important to try to resolve the matter with the government authority involved. If this is not possible, a complaint can be made online, over the phone, or in person.
The complaint should include a clear explanation of what happened, including when it happened, who was involved, and the outcome you are seeking, as well as copies of any relevant documents.
Complaint procedure
When a complaint is received, the office of the W.A. Ombudsman will assess whether it is a complaint that it can deal with. It may contact the government authority involved and/or the complainant to ask for a response or further information.
If the complaint cannot be resolved informally, the Ombudsman may commence a formal investigation. This may involve interviewing witnesses, inspecting files, and inspecting premises to ascertain what has occurred.
After an investigation has been conducted, the ombudsman will assess whether:
- the agency has acted contrary to the law
- the agency has acted unreasonably, unjustly, oppressively, or has been discriminatory
- failed to provide reasons for decision where reasons should have been given
- based a decision on a mistake of law or a mistake of fact
- made a discretionary decision based on an improper purpose, took into account to irrelevant considerations or failed to take into account relevant considerations
- acted wrongly.
Outcomes
If the Ombudsman considers that the agency is in the wrong, it can make recommendations as to how the situation ought to be resolved. The Ombudsman does not have the power to enforce recommendations. However, in the majority of cases its recommendations are accepted and implemented.
If you require legal advice representation in any matter, please contact Go To Court Lawyers.