- What can I complain to the Commonwealth Ombudsman about?
- Can I complain to the Commonwealth Ombudsman about a tax issue?
- Who can complain to the Ombudsman?
- What does it cost?
- Can I make an anonymous complaint?
- How do I make a complaint?
- What should I include in my complaint?
- How long will an investigation take?
- What happens to my complaint?
- What happens if there is an investigation?
- What can I expect from the Ombudsman?
- What if I am dissatisfied with the Ombudsman's decision or actions?
The Ombudsman can investigate complaints about actions and decisions of Australian Government agencies to see if they are wrong, unjust, unlawful, discriminatory or just plain unfair. The Ombudsman also seeks remedies for those affected by administrative deficiency, and acts to improve public administration generally.
From 1 May 2015, most complaints about the Australian Taxation Office (ATO) and the Tax Practitioners Board (TPB) must be directed to the Inspector-General of Taxation (IGT). Click here for further information
Anyone can make a complaint. If you do not want to make the complaint yourself, you can ask someone else to complain on your behalf.
If you wish to permit another person to complain to the Ombudsman on your behalf, and that person is not your legal guardian or legal representative, you need to give your consent for that person to communicate with the Ombudsman’s office. To do so, you can contact the Ombudsman’s office personally, either by e-mail to email@example.com or by letter to GPO Box 442 Canberra ACT 2601. Alternatively you can complete our 'Permission for another person to act on my behalf' form and return it to the Office of the Commonwealth Ombudsman.
The Ombudsman’s services are free.
Yes. The Ombudsman accepts anonymous or 'whistleblower' complaints. However, we will not normally investigate unless the complaint raises a serious matter and there is sufficient information in the complaint to enable us to conduct an investigation.
Making a complaint is simple. You can make a complaint by telephone, in person, in writing, by fax, or using our online complaint form. If you do not speak or write English well, we can arrange for translation and interpreter services. Someone else can make a complaint on your behalf, but we may still need to contact you to get your approval to proceed. Your complaint should include copies of all relevant correspondence with the agency that you are making a complaint about and any reference numbers.
Keep it simple and stick to the facts. Be as specific as possible about dates, names and other important details. There should be enough information for the Ombudsman to understand the circumstances of your complaint and decide how to deal with it. When writing your complaint, think about:
- What happened?
- Where did the events take place?
- When (time and date)?
- Who was involved?
- Were there any witnesses to these events? Have you included their details?
- Do you have any medical evidence, photographs or documents which may be relevant? If so, you may want to supply copies with your complaint.
- Have you taken any action already in relation to your complaint? What happened?
- What action or outcome would you like to see as a result of your complaint?
We have found that most complaints can be dealt with quickly. Others may take months to investigate properly. In any event, we will try to deal with your complaint as quickly as possible, and to keep you informed of progress.
We will give your complaint careful consideration. In most cases we will telephone the agency or person involved and ask for an explanation. Most complaints are resolved at this stage. If the complaint raises serious or complex issues, or if we are not satisfied by the agency's initial response, we may undertake further investigation. If there are reasons why we cannot take up your complaint, we will explain them to you.
If the Ombudsman finds your complaint is justified, the conclusions are reported to you and to the agency concerned. The Ombudsman may recommend that the agency should reconsider or change its action or decision; that a law, rule or procedure should be changed; and/or that the agency should take any other action that is appropriate in the circumstances, for example, paying compensation for financial loss.
The Ombudsman cannot override the decisions of agencies, or compel them to comply with his or her recommendations. However, agencies generally do accept the Ombudsman's recommendations. If they do not, and the Ombudsman considers that it is in the public interest to do so, a formal report can be made to the relevant minister, the Prime Minister, or the Parliament.
Professional and courteous attention, and an independent, impartial assessment of your complaint, and advice about the options available. We will undertake confidential, free and prompt investigations if appropriate, using procedures that are fair to everyone concerned. We will provide clear explanations about what we can and cannot do and for any decision we make. We will keep you informed of the progress of your complaint.
Our Service Charter sets out our standards of service in more detail.
Criticisms and compliments are important ways of gaining feedback about our service. We are committed to improving our service to the community, and your views are welcome even if they are critical.
You can discuss the progress of your complaint with the officer conducting the investigation. You are welcome to provide evidence, additional information or your view of the facts and we will give you a full explanation of the decisions that we make and the evidence on which they are based.
If you disagree with our final decision after it is made, you can ask us to review it. A request for review should be made in writing within three months of being told of our decision.
The review will be conducted by a senior officer who was not involved in the original investigation of your complaint. The review will consider:
- the process adopted by the investigating officer and whether it was fair and adequate to address all the complaint issues you raised
- the merit of the officer's conclusions and whether they were properly explained to you.
The review officer may:
- uphold the decision of the original investigation officer
- change the decision of the original investigation officer
- send the matter back to the original investigation officer or another officer for further investigation.
We endeavour to complete reviews within thirty days. The review officer will send you a letter advising you of the outcome of the review.
We will only review a matter once.