» Frequently asked questions
» What does the Ombudsman do?
» Do I need to complain to the authority first?
» How long have I got to complain?
» Who can complain to the Ombudsman?
» What does it cost?
» How do I make a complaint?
» What information should I give?
» Do I have to give my name?
» What happens after I make the complaint?
» How long will it take?
» What happens when the investigation is completed?
» What can I expect from the Ombudsman?
» If the Ombudsman can't change a decision, what is the point in complaining?
» What will happen to me if I complain?
» I can't afford a lawyer, can the Ombudsman help me?
» Will my complaint make a difference?
» What do I do if I want to complain about the way the Victorian Ombudsman handled my complaint?
» Where do I find out more about the Protected Disclosure Act?
Frequently asked questions
This page is a good place to start with any questions you have about the Victorian Ombudsman. If you cannot find the information you are looking for contact us.
What does the Ombudsman do?
You can complain to the Ombudsman about actions, decisions or conduct of staff of Victorian government authorities. These authorities include government departments and statutory bodies, for example, the Department of Human Services, the Department of Justice, local councils, schools, universities and TAFEs.
The Ombudsman is not able to investigate complaints about Commonwealth government agencies such as Centrelink, ATO, Child Support Agency or Immigration. The Ombudsman is also unable to investigate complaints about private individuals or businesses, or decisions by courts and tribunals. For a list of other regulatory or dispute resolution bodies, visit our useful links page.
If we are unable to deal with your complaint we will try to advise you of other appropriate avenues to resolve your concerns. A list of regulatory and dispute resolution bodies is provided under useful links.
Do I need to complain to the authority first?
In most cases you will need to make your complaint to the authority you are complaining about in the first instance. If you contact the Ombudsman you may be asked to follow this process prior to lodging a complaint with this office. This will allow the authority you are complaining about the opportunity to resolve the complaint. If you are not satisfied with the response from the authority you may then contact our office.
How long have I got to complain?
Generally speaking, you should make your complaint to the Ombudsman within 12 months of finding out about the decision or action you want to complain about. If there is a good reason why you were not able to contact the Ombudsman before then, we will consider your reason.
Who can complain to the Ombudsman?
Any person or group of persons can make a complaint. You may ask someone to assist you if you have difficulty making a complaint.
What does it cost?
There is no cost. The service provided by the Ombudsman is free.
How do I make a complaint?
Complaints to the Ombudsman must be made in writing. This can be done by post, email, facsimile or by using the Online complaint form or contact us if you have concerns about submitting your complaint in writing. If the agency you are complaining about has responded to you in writing, it is helpful to provide us with a copy.
What information should I give?
Focus on the main problems and facts. Provide enough details for the Ombudsman to understand and resolve the problem but no more. Be brief and concise. If you have relevant supporting documents, include copies with your letter of complaint. If you have unsuccessfully attempted to resolve your complaint with the authority, explain what happened and why you are not satisfied with the outcome. Explain what outcome you are seeking.
Do I have to give my name?
No. However, if you do not give us your name, we may not be able to investigate your complaint. For further information please see our privacy statement.
What happens after I make the complaint?
We will acknowledge receipt of your complaint promptly and consider it carefully. In some cases, we will contact the authority involved by telephone or in writing to seek its comments or an explanation. Many complaints are resolved in this way.
The Ombudsman may also decide to investigate. If necessary, we will examine the authority's files or seek a formal written response. We may also interview the complainant and any witnesses, as well as staff of the authority.
If your complaint is upheld, the Ombudsman may recommend to the authority how the problem should be resolved. In some cases, the Ombudsman may decide to report on the investigation to Parliament.
How long will it take?
Some complaints can be resolved quickly, within a day or two, often with just one telephone call. Other more complex matters can take longer to resolve. If the Ombudsman decides to undertake formal enquiries or an investigation, for example where the subject matter of the complaint is very serious or where the matter affects a number of individuals, gathering evidence and finding a solution may take some weeks or months.
We will keep you informed of the progress of our enquiries or investigation.
What happens when the investigation is completed?
We will inform you of the outcome of the Ombudsman's enquiries or investigation. If your complaint is upheld, we will advise you of what steps the authority has agreed to take to resolve the problem.
If your complaint is not upheld or if it appears that there is no prospect of resolution, we will explain why the Ombudsman has formed this opinion and what other action you may be able to take.
What can I expect from the Ombudsman?
You can expect the Ombudsman to deal with your complaint in an impartial and independent way. The Ombudsman does not act on behalf of complainants in the manner of an advocate or a lawyer. Nor does the Ombudsman represent the government authority complained about.
The Ombudsman will seek to form an opinion as to whether the authority acted fairly and reasonably.
We will explain clearly what the Ombudsman can and cannot do and give you full reasons for the outcome of your complaint.
The Ombudsman does not have the power to change the authority's decision, but may recommend that the authority re-examines its decision. The Ombudsman can also recommend that the authority take some other course of action, for example:
- offer an apology
- change a policy or procedure
- compensate for financial loss
- or institute disciplinary or criminal proceedings.
If the Ombudsman can't change a decision, what is the point in complaining?
The Ombudsman cannot change a decision or force the authority to comply with a recommendation. However, authorities usually do accept the Ombudsman's recommendations. If a recommendation is not accepted, the Ombudsman may decide to report to Parliament.
What will happen to me if I complain?
It is illegal for an authority to victimise a person for making a complaint to the Ombudsman. If you believe that you have suffered a reprisal, tell us. The Ombudsman takes such allegations very seriously and may be able to help you.
I can't afford a lawyer, can the Ombudsman help me?
The Ombudsman cannot provide you with legal advice or represent you like a solicitor. If you are appealing a decision to a court or a tribunal and cannot afford legal representation, you may wish to seek advice from a community legal centre or Victoria Legal Aid. The Ombudsman is not an alternative to court or tribunal review.
Will my complaint make a difference?
Yes. Even if your complaint is not upheld, the Ombudsman and the authority involved may examine the circumstances which led to the complaint. For example, while the authority's actions may have been correct, it may need to provide more information about its policies to clients or clarify its advice to avoid confusion.
The Ombudsman keeps records of complaints about different authorities and sometimes identifies patterns which may point to a systemic problem in how an authority carries out its functions.
In some cases, your complaint may lead to a change in an authority's policies or procedures that will affect how the authority deals with many people.
What do I do if I want to complain about the way the Victorian Ombudsman handled my complaint?
If you do not believe the Ombudsman has handled your complaint appropriately, you can ask the Deputy Ombudsman for an internal review of the matter. Complaints may also be made to the Victorian Inspectorate.
Where do I find out more about the Protected Disclosure Act?
The Ombudsman is in the process of developing new fact sheets for protected disclosure matters. Please contact our office if you would like further information.
