The Department of Communities and Justice ('DCJ') plays a critical role in the welfare and management of various public services across New South Wales. It is responsible for ensuring the rights and needs of the most vulnerable members of society are respected and upheld. DCJ's key areas of focus include housing, corrections, disability services, and child protection.
DCJ's Multifaceted Roles:
- Housing: Management and allocation of public housing, tenant rights, and maintenance issues.
- Corrections: Oversight of correctional facilities, inmate rights, and rehabilitation programs.
- Disability Services: Provision of accessible and adequate services for individuals with disabilities.
- Child Protection: Ensuring the safety and well-being of children, particularly in care situations.
The DCJ has a responsibility for assessing whether or not a child or young person is in need of care and protection. It is committed to the safety and well-being of children, teens, and adults, protecting them from the risk of harm, abuse, and neglect. The Community Services Enquiry Feedback and Complaints Unit ('EFCU') within the DCJ is dedicated to ensuring that complaints about Community Services are handled fairly, timely, and with respect for the privacy of the person making the complaint.
Background:
Please note that the DCJ was formerly known as the Department of Family and Community Services ('FACS') and prior to that, it was known as the Department of Community Services ('DOCS'). Many webpages, policies, and documents have not yet been updated to refer to DCJ. References to FACS can be read and understood as being references to DCJ.
What types of complaints can you make?
You can make complaints about various services provided by the DCJ:
Housing
- Issues: Problems with public housing, such as tenant rights, maintenance, or staff behaviour.
- Examples:
- An unauthorised occupant in a neighbouring unit.
- Mishandling of personal data.
- Delayed response to maintenance issues like water damage.
- Lack of modifications for disabilities.
- Ignored security concerns.
Corrections
- Issues: Problems in correctional facilities, like inmate treatment, facility conditions, or staff conduct.
- Examples:
- Unjustified solitary confinement.
- Denial of access to educational programs.
- Ignored transfer requests due to threats.
- Misconduct by correctional staff.
- Poor healthcare access in prison.
Disability Services
- Issues: Concerns about service quality, accessibility, or staff behaviour.
- Examples:
- Denial of service without justification.
- Inconsistent caregiver assignments.
- Failure of emergency response systems.
- Accessibility issues at DCJ-funded facilities.
- Disrespectful or dismissive staff behaviour.
Child Protection
- Service Delivery Issues: You should make a complaint if the child protection service provided by an organisation did not meet reasonable standards of timeliness, clarity, or helpfulness.
- Examples:
- Delayed Service
- Poor Communication
- Examples:
- Employee Conduct in Child Protection Services: You should make a complaint if you encounter unfair treatment, poor communication, or disrespectful behaviour from child protection service employees.
- Examples:
- Lack of Empathy
- Confusing Responses
- Examples:
- Complaint Resolution Timeliness: You should make a complaint if the handling of your initial complaint does not meet the set timelines or procedural standards.
- Examples:
- Delayed Response
- Unanswered Follow-ups
- Examples:
- Disagreement with Child Services Decisions: You should make a complaint if you disagree with a decision made by Child Services that affects you or your family.
- Examples:
- Inadequate Consideration
- Unfair Placement
- Examples:
- Complaints About DCJ-Funded Services: You should make a complaint if you are dissatisfied with the quality or delivery of services funded by DCJ.
- Examples:
- Poor Counselling
- Delays and Inconsistency
- Examples:
Jurisdiction:
DCJ Community Services can handle complaints about its actions and decisions and those of funded services, regardless of where they happen.
Time Limitations:
There is no time limitation for making a complaint to DCJ Community Services. However, if you are having a problem, it is best to raise it as soon as possible.
You cannot complain to this body about:
The DCJ does not have the power to overturn a decision of a court or tribunal.
Who can you make a complaint against?
You can make a complaint against:
- DCJ: Complaints about services or actions directly managed by DCJ staff. This includes case handling in child protection, staff conduct, or administrative decisions.
- Services Funded by DCJ:
- DCJ funds various service providers for community services. Categories include:
- Child and Family Services: Child protection, family support, foster care.
- Housing Services: Social housing management, homelessness support.
- Disability Services: Support for individuals with disabilities.
- Youth Services: Juvenile justice programs, youth outreach.
- Community Services: Community welfare and development.
- Complaints can be about service quality or staff conduct from these providers.
- DCJ funds various service providers for community services. Categories include:
Exclusions:
- Private Matters: Disputes not involving DCJ services or funding.
- Other Government Departments: Health, education, and police services complaints.
- Judicial Decisions: Court or tribunal decisions.
- Employment Disputes: Issues within funded organisations' internal HR matters.
- Local Government Services: Council services unless funded by DCJ.
Additional Information:
Complaints about DCJ-funded services may be referred to the service provider for resolution. Immediate child protection risks will be directly reviewed by DCJ.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint to DCJ, including parents, family members, children and young people, carers, and members of the broader community.
Pre-requisite steps:
- Direct Resolution Attempt: Before lodging a formal complaint with DCJ, you are generally expected to try to resolve the issue directly with the service provider or the relevant DCJ office. This involves discussing your concerns with the staff involved or the management of the service.
- Gather Information: Compile all relevant information regarding your complaint, such as details of the incident, dates, and any communications you’ve had with the service provider.
- Identify the Outcome Desired: Clearly identify what outcome you are seeking from your complaint to help direct the complaint handling process effectively.
Can complaints be made on behalf of someone?
- Complaints can be made on behalf of someone else, especially in cases involving children, individuals with disabilities, or where the complainant is unable to make the complaint themselves due to vulnerability or other valid reasons. Consent from the person you are representing is typically required, unless you are a legal guardian or have other authority to act on their behalf.
Exclusions:
- Anonymity Limitations: While anonymous complaints can be submitted, they may be difficult to investigate or resolve without sufficient information. Anonymous complainants are encouraged to provide as much detail as possible to facilitate an investigation.
- Third-party Complaints: Individuals who are not directly affected by the issue may face limitations, especially if they cannot demonstrate a legitimate interest or impact from the matter they are reporting. Consent or a clear connection to the affected parties may be required.
- Legal Representation: If a legal proceeding is underway or the complainant has initiated legal action regarding the issue, the complaint process through DCJ might be suspended or deemed inappropriate until the legal processes are concluded.
What can this body do to help?
The body may provide support through:
- Formal Apology: This remedy involves receiving a formal apology from DCJ or the service provider involved. An apology acknowledges any mistakes or poor service experienced by the complainant. It serves as an official recognition of the wrongdoing or failure in service, helping to restore trust and provide emotional relief to the affected individuals.
- Service or Decision Review: The complainant can request a review of the decision or service that led to the complaint. This involves a thorough re-examination of the original case or decision by a different officer or committee, which may lead to a change or reversal of the decision if errors or inappropriate actions are found.
- Changes in Service Delivery: This remedy focuses on improving the service delivery or modifying how services are provided to prevent future issues. It might involve training staff, changing policies, or adjusting operational procedures to enhance the quality and effectiveness of the service provided by DCJ or its funded providers.
- Compensation or Reimbursement: In cases where the complainant has suffered a loss or inconvenience due to errors or failures in service, DCJ may provide financial compensation or reimbursement. This is considered especially in situations where tangible losses can be quantified, helping to rectify financial damages incurred by the complainant.
- Provision of Additional Services: Depending on the nature of the complaint and the impact on the complainant, DCJ may offer additional services as a remedy. This could include providing access to supplementary support services, counselling, or other forms of assistance that address the specific needs or deficiencies highlighted by the complaint.
Additional information you need to know:
As stated, the DCJ does not have the power to overturn a decision of a court or tribunal.
What should your complaint include?
Format:
Complaints can be made in writing by emailing complaints@facs.nsw.gov.au or by calling 1800 000 164 (9 am to 4:30 pm, Monday to Friday).
Personal Details:
The EFCU aims to manage complaints respectfully and with consideration to people’s privacy and the confidentiality of the matter. The only people who will have access to information about your complaint are those who are working on resolving it.
Respondent’s Details:
You will need to provide specific details about the complaint, including details of the Community Services, dates where possible, names (if relevant), and circumstances.
Relevant Facts:
You should include the following details:
- What happened
- When it happened
- Who was involved
- Any person who witnessed or has knowledge about what occurred
If you would like to submit any supporting documents or information, you can attach copies of these documents to your complaint.
What NOT to include in your complaint:
Complainants who frequently submit complaints that are deemed frivolous, vexatious, or not made in good faith may be restricted from submitting further complaints if they do not pertain to new or unresolved issues.
Lodging your complaint and next steps:
Where to lodge your complaint:
- Email: complaints@facs.nsw.gov.au
- Telephone: 1800 000 164 (9 am to 4:30 pm, Monday to Friday)
- If an interpreter is required, contact the Translating and Interpreting Service on 131 450.
- Alternatively, you can directly contact the DCJ community service centre to make a complaint. For contact details, please see the DCJ Community Services Centres page: DCJ Community Services Centres
Investigation:
The EFCU aims to resolve most complaints within 20 working days. Complaints are usually handled by an EFCU Complaints Officer or referred to relevant district offices for local resolution. If you're not satisfied with the initial response, you can request a review using the Feedback Assist Widget on the DCJ website.
Resolution:
The EFCU will listen to your complaint and try to resolve it promptly. If the issue can't be resolved over the phone, it will be referred to the appropriate person for further action. Senior management will work with local offices to provide an outcome.
Additional information you need to know:
You should keep a copy of the complaint made for your own records.
More information:
Refer to the factsheet provided below for more information.
