The Commonwealth Ombudsman ('Cth Ombudsman') is a neutral and independent body that oversees Australian Government agencies to ensure they follow fair practices and procedures. Its role is to make sure citizens receive fair and equitable treatment from federal services and programs. The vision of the Cth Ombudsman is to promote a transparent, accountable, and responsive government for all Australians. If you need to make a complaint, you can contact the Cth Ombudsman for help.
What types of complaints can you make?
Complaints can be made about the conduct of Commonwealth government agencies and certain entities providing services on their behalf. The Commonwealth Ombudsman focuses on complaints about, but not limited to:
- Australian Government Agency: Make a complaint if you experience wrong, unjust, unlawful, discriminatory, or unfair actions by an Australian Government agency or its contractors. This includes issues with Centrelink, Veterans’ Affairs payments, child support, immigration decisions, and contractors like those in immigration detention centres and Job Active providers.
- Defence Force: Make a complaint if you are a current or former Australian Defence Force member, or a spouse or dependant, with unresolved administrative issues or serious abuse experiences not adequately addressed by Defence or related agencies.
- Immigration: Make a complaint about administrative actions of the Department of Home Affairs or Australian Border Force, including visa/citizenship processing delays, detention matters, or customs issues.
- International Student: International students facing issues with private educational institutions in Australia can lodge complaints about course fees, refunds, transfers, unsatisfactory course progress, enrolment cancellation, and more.
- VET Student Loan: Complaints can be made about VET providers regarding VET FEE-HELP or VET Student Loans issues, including misleading advice, incorrect charges, debt disputes, and loan re-credits.
- Private Health Insurance: Concerns about private health insurance issues, including benefits, membership, waiting periods, incorrect information, and Overseas Visitors Health Cover and Overseas Student Health Cover.
- Postal Industry: Issues with postal operators like Australia Post or Star Track, including lost or delayed items, parcel drop-off problems, or unsatisfactory customer service.
- Public Interest Disclosure (Whistleblowing): Public officials can disclose misconduct or wrongdoing within the Commonwealth public sector under the PID Act, covering legal breaches, corruption, unsafe practices, and misuse of public resources, with protections against retaliation.
Jurisdiction:
The Commonwealth Ombudsman in Australia can address complaints concerning the actions and decisions of Australian Government agencies nationwide and, in some cases, overseas. This includes ensuring that Federal agencies act fairly and reasonably, affecting individuals both within Australia and abroad.
Time Limitations:
- The Commonwealth Ombudsman generally does not investigate complaints that are over 12 months old.
- For immigration-related complaints, the Ombudsman typically will not investigate if:
- The complaint is more than 12 months old.
- The complainant has not yet complained directly to the relevant department.
- It seems unlikely that a better outcome can be obtained.
Exclusions:
- Immigration:
- The Ombudsman cannot investigate:
- Decisions made by the Minister for the Department of Home Affairs.
- Government immigration policies.
- Visa refusal decisions.
- Complaints over 12 months old, not reported to the department, or unlikely to achieve a better outcome.
- The Ombudsman cannot investigate:
- International Students:
- The Ombudsman does not handle complaints about:
- Public education providers (e.g., TAFEs, public schools, most universities).
- Academic merits like grades.
- Bullying.
- Issues faced by non-student visa holders.
- Discrimination.
- Privacy concerns.
- Quality of teaching, teacher qualifications, or resources, equipment, buildings, and facilities.
- The Ombudsman does not handle complaints about:
- VET Student Loans:
- Exclusions include complaints about:
- Other higher education loan debts (e.g., FEE-HELP).
- Grades or marks awarded.
- Quality of teaching, teacher qualifications and experience.
- Resources, equipment, buildings, and facilities at the provider.
- Exclusions include complaints about:
- Private Health Insurance:
- The Ombudsman cannot investigate:
- Complaints not related to a private health insurance arrangement.
- General insurances (e.g., life, home, pet insurances).
- Clinical complaints about the quality of healthcare.
- Complaints about Overseas Visitors Health Cover and Overseas Student Health Cover if the insurer is not registered in Australia.
- The Ombudsman cannot investigate:
- Postal Industry:
- The Ombudsman's jurisdiction does not cover:
- Complaints not about postal or similar services.
- Issues not involving Australia Post or StarTrack.
- Complaints not reported to the postal operator within 12 months of the incident.
- Matters under court or tribunal consideration (unless special circumstances exist).
- Complaints from postal operators about other operators.
- Employment-related matters.
- Pricing of postal services.
- Unaddressed mail delivery complaints.
- The Ombudsman's jurisdiction does not cover:
Exercise of Discretion:
The Ombudsman has the discretion not to investigate certain complaints even if they fall within their scope. This discretion may be exercised if, for example:
- The complaint is considered frivolous or vexatious.
- The complainant has not suffered significant injustice.
- An investigation would not be a productive use of resources.
Who can you make a complaint against?
You can make a complaint against:
- Australian Government Agencies: Complaints about the administrative actions of federal government departments and agencies (e.g., Centrelink). This includes issues like service delivery, policy implementation, and decision-making processes.
- ACT Government Agencies: Complaints about the administrative actions of agencies within the Australian Capital Territory (e.g., ACT Road Transport Authority), dealing with local governance, services, and policy application.
- Private Education Providers: Complaints against educational institutions such as private schools, colleges, and universities in Australia, particularly regarding their administrative practices and decisions.
- VET Sector Providers: Complaints related to administrative actions within the vocational education sector, involving vocational education and training providers.
- Postal Services Providers: Complaints related to the provision of postal services (e.g., through Australia Post), including issues with delivery, customer service, and administrative decisions.
- Private Health Insurers: Complaints about the administrative actions of private health insurance companies (e.g., Bupa, HCF), including issues related to policy coverage, service delivery, and disputes over claims.
Exclusions:
The Commonwealth Ombudsman does not handle complaints about:
- Individuals or private businesses not contracted with Australian government agencies.
- Decisions of courts or tribunals.
- Employment disputes outside the Australian Defence Force.
- Actions by state or local governments (except ACT).
- Decisions made by government ministers.
Are you eligible to make a complaint?
Who Can Make a Complaint?
Anyone can lodge a complaint with the Commonwealth Ombudsman.
Pre-requisite Steps:
The Commonwealth Ombudsman typically requires that individuals first attempt to resolve their complaints directly with the involved government agency or private organisation before intervening.
Can Complaints Be Made on Behalf of Someone?
Yes, you can file a complaint on behalf of another individual with their consent. Proof of consent may be required due to privacy considerations.
Exclusions:
The Commonwealth Ombudsman cannot investigate:
- Actions of private individuals or businesses.
- Court decisions.
- State government actions (except for ACT-related matters).
- Matters better suited for other tribunals or dispute resolution processes.
Additional Information:
- The service is free, and you don't need legal representation to make a complaint.
- Retaliation for making a complaint is taken seriously, with protections in place for whistleblowers and those making public interest disclosures.
What can this body do to help?
The Cth Ombudsman may provide the following outcomes:
- Improved Communication: Provides detailed explanations of decisions and actions to clear up misunderstandings, ensuring individuals understand the reasons behind decisions. This may involve clarifying legislative constraints or acknowledging errors and explaining rectifications.
- Actions and Decisions: Addresses and rectifies adverse effects of decisions or actions. This can include advancing delayed decisions, suspending hasty actions, or reconsidering decisions made on incorrect information. Ensures justice is served promptly and fairly.
- Financial Compensation: Compensates for financial loss due to administrative errors or delays through the CDDA Scheme. Aims to restore the individual's financial position as if the error had not occurred.
- Apologies: Acknowledges errors and expresses regret, contributing to conflict resolution and restoring trust. An effective apology admits the mistake, explains how it occurred, and outlines steps to prevent future errors.
What should your complaint include?
Format:
- Complaints can be lodged in writing or verbally.
- Complex or less urgent complaints are better submitted in writing with supporting documentation.
- The Translating and Interpreter Service (TIS) is available free of charge.
Personal Details:
- You can submit a complaint anonymously, but this may limit the investigation. If providing personal details, include:
- Your name
- A contact method (phone number or email address)
- Your postal address
- The online complaint form may require certain information, but you can use placeholder information if anonymity is preferred.
Respondent’s Details:
Clearly identify the Australian Government agency or specific entity your complaint is about.
Relevant Facts:
- Outline the specifics of your complaint, including:
- The nature of your issue: What occurred and why do you believe it was incorrect or unjust? When did it happen?
- Actions taken after raising the issue directly with the involved agency or entity.
- The outcome you seek to resolve the complaint.
- Provide detailed information and attach any relevant documents or correspondence that support your complaint, adhering to the online form's limits for attachments. Additional provisions for sending more or larger files are detailed on the Ombudsman’s website.
What NOT to Include:
Avoid submitting false or misleading statements, as these could have legal implications.
Additional Assistance:
- The Cth Ombudsman offers extra services to facilitate complaint making:
- TIS: Free service available on 131 450.
- For Hearing or Speech Loss:
- TTY Users: Phone 133 677 and ask for 1300 362 072.
- Speak and Listen Users: Phone 1300 555 727 and ask for 1300 362 072.
- Internet Relay Users: Connect to the National Relay Service and ask for 1300 362 072.
- For First Nations Community:
- Dedicated Indigenous number: 1800 060 789.
- Indigenous language interpreter can be arranged if preferred.
Additional Information:
- The online form may ask for your consent to forward your complaint to another body or the entity's internal complaint resolution team. It may also inquire about your willingness to be contacted for feedback on your experience. You can opt out of sharing your complaint or being contacted for feedback on the form.
- If the Ombudsman takes action on your complaint, details may be shared with the entity involved. Communicate any concerns about this directly with the Ombudsman’s office.
Lodging your complaint and next steps:
You can submit your complaint via:
- Online Form: Click here
- Post:
- Commonwealth Ombudsman
GPO Box 442
Canberra ACT 2601
- Commonwealth Ombudsman
- Telephone: 1300 362 072
- The phone service is available during the following hours:
- Monday: 10:00 am – 4:00 pm
- Tuesday: 10:00 am – 4:00 pm
- Wednesday: 10:00 am – 2:00 pm
- Thursday: 10:00 am – 4:00 pm
- Friday: 10:00 am – 4:00 pm
- The phone service is available during the following hours:
- In Person: You can visit the Cth Ombudsman’s office to make a complaint in person. Call ahead on 1300 362 072 to make an appointment.
- Sydney: Level 20, 60 Castlereagh Street
- Canberra: Level 5, 14 Childers Street
- Brisbane: Level 22, 215 Adelaide Street
- Adelaide: Level 11, 25 Grenfell Street
Receipt:
- Written complaints are acknowledged within 10 working days with a case reference number provided.
- Phone or in-person complaints receive immediate acknowledgment from the attending officer.
Initial Assessment:
The Ombudsman evaluates if the complaint falls within their jurisdiction to ensure the right authority addresses your concerns.
Misdirected and Excluded Complaints:
If outside their jurisdiction, the Ombudsman guides you towards appropriate bodies or organisations better suited to address your issues.
In-Jurisdiction Complaints:
For complaints within their jurisdiction, the Ombudsman reviews the provided information to determine necessary actions, aiming for resolution or further investigation.
No Action Taken:
If the Ombudsman decides against taking action, they will inform you, detailing the reasons either in writing or verbally. With consent, your complaint might be referred to the concerned entity for review and direct response, often resulting in a 'warm or direct referral'.
Action Taken:
If action is deemed appropriate, the Ombudsman engages with the entity in question and later updates you on the complaint's outcome. This typically results in clarification, additional information, or corrective steps by the entity.
Conciliation:
For ongoing issues with a government entity, conciliation might be offered to foster better communication and find a resolution.
Investigation:
Significant or systemic complaints may lead to formal investigations, which can extend over several months or years, depending on complexity.
Additional Information:
- Provide all pertinent details and documentation upon initial complaint submission to facilitate a clear understanding and swift action.
- Keep the Ombudsman informed of any developments or resolutions to your complaint and retain a copy for your records.
More information:
Refer to the factsheet provided below for more information.
