What we can investigate

The Ombudsman has the power to investigate decisions, actions and conduct of Victorian government departments and statutory bodies and local government councils.

This includes reviewing the lawfulness of those agencies' actions or decisions, as well as the reasonableness and fairness of these actions in the circumstances, and whether they are compatible with the Charter of Human Rights and Responsibilities Act 2006.

The Ombudsman does not have power to investigate any administrative action taken by:

  • police personnel;
  • a court of law or by a judge or magistrate;
  • a person acting as legal adviser to the Crown or as counsel for the Crown in any proceedings;
  • a person acting in the capacity as a trustee under the Trustee Act 1958 (Vic), although the Ombudsman can investigate the administrative actions taken by State Trustees;
  • the Auditor-General; or
  • officers of the Governor of Victoria.

Also excluded from jurisdiction are boards, tribunals, commissions or any other body which is presided over by a judge, a magistrate or an Australian lawyer as a result of a statutory requirement.