The Office of the Children’s Guardian is a NSW government agency that ensures organisations providing services to children are safe. They promote child-safe practices, regulate and monitor services, educate employers about their responsibilities, and work to create safe environments for children.
What types of complaints can you make?
Complaints about misconduct involving children:
- Making a Report Against the Head of the Relevant Entity: If you know about a reportable allegation or conviction involving the Head of the Relevant Entity, you can report it directly to the Office of the Children’s Guardian.
- Dissatisfaction with Response to a Report: If you report a conduct issue to the Head of the Relevant Entity and are not satisfied with their response, you can complain to the Office of the Children’s Guardian.
Jurisdiction:
- Complaints can be made for conduct inside or outside NSW.
- Functions apply to children in NSW and incidents involving employees of relevant entities, even if the events occur outside NSW.
Time Limitations:
There is no time limit for submitting a complaint.
Exercise of Discretion:
The Office may decide whether to act on your complaint based on:
- Dissatisfaction with the Head of a Relevant Entity’s response.
- Relation to an active or finalised reportable conduct matter.
- Seriousness of the complaint.
- Whether the Relevant Entity had a chance to respond.
- The Office’s ability to provide an outcome.
- Your connection to the matter complained about.
Who can you make a complaint against?
You can make a complaint directly to the Office of the Children’s Guardian about a decision made by the Head of the Relevant Entity or their conduct. The Head of the Relevant Entity is usually the most senior person responsible for executive decisions in the organisation, such as a chief executive officer, a principal, or someone in a similar position.
Are you eligible to make a complaint?
Anyone, both inside and outside of NSW, can make a complaint to the Office of the Children’s Guardian. The complainant can be:
- The person who made the report to the Head of the Relevant Entity.
- Another person or entity dissatisfied with the response from the Head of the Relevant Entity.
Before you lodge a complaint:
- Complaint About a Response: You must first report the issue to the Head of the Relevant Entity and receive their response before complaining to the Office of the Children's Guardian.
- Complaint About the Head’s Conduct: You can directly complain to the Office of the Children’s Guardian without making an internal complaint first.
Can Complaints Be Made on Behalf of Someone?
Yes, you can make a complaint on someone else’s behalf.
The Office of the Children's Guardian will not deal with complaints about:
No one is excluded from making a complaint.
Additional Information:
If you make a complaint in good faith to the Office of the Children’s Guardian, you are protected against retribution and immune from civil or criminal liability. It is an offence for anyone to take or threaten to take detrimental action against you for making a complaint.
What can this body do to help?
The Office of the Children's Guardian may:
- Varying a Decision: The Office of the Children's Guardian (OCG) may change a previous decision based on new information or a reassessment of the situation.
- Written/Verbal Apology: The OCG may acknowledge an error or oversight through a written or verbal apology.
- An Explanation: The OCG provides a detailed clarification or justification for a specific decision or action to ensure transparency and understanding.
- Changes to a Service Provided by OCG: Modifications to existing services to improve their effectiveness, efficiency, or accessibility.
- Review and Change of Policies/Procedures/Practices: Evaluation and amendment of the OCG's policies, procedures, and practices to enhance their relevance and effectiveness.
- Staff Training: Additional training for OCG staff to improve their skills, knowledge, and competencies.
- Disciplinary Action: Formal actions taken against an OCG employee for misconduct or failure to comply with standards, policies, or procedures.
- Notifying Other Bodies: Communicating relevant information or decisions to other organisations or authorities to ensure compliance, coordinate efforts, share updates, or seek further action.
- Working with Children Check (WWCC): If the OCG passes on information to the Department of Communities and Justice or the Police, the WWCC Directorate may assess if the person poses a risk to children, potentially impacting their WWCC status.
How to prepare your complaint
You can submit your complaint via:
- Online: Fill out and submit the Complaint Form on the Office of the Children’s Guardian website, found here.
- Phone: If you have a hearing or speech impairment, contact OCG through:
- Voice calls or TTY: Call 133 677, then ask for 13 77 88.
- Speak and Listen service: Call 1300 555 727, then ask for 13 77 88.
- SMS relay service: Text 0423 677 767, then type 13 77 88.
- Internet relay call: Type 13 77 88.
Personal Details:
- Provide your first and last name, email, and phone number.
- Your details will not be disclosed without your consent unless required by law (e.g., suspected child abuse, immediate risk, legal order, or public safety concerns).
Respondent’s Details:
Provide the name of the Relevant Entity or the Head of the Relevant Entity, depending on your complaint.
Relevant Facts:
Include the following information in your complaint:
- Your role (e.g., employee, reporter, victim, on behalf of the victim).
- What your complaint is about.
- Whether you have raised your complaint with the Relevant Entity, and if not, why. If you have, include the response you received, why you are dissatisfied, and what you hope will happen as a result of your complaint.
- Whether you consent to the Office of the Children’s Guardian disclosing your complaint to the Relevant Entity.
- Any supporting attachments.
What NOT to Include:
Do not include false or misleading statements. Submit your complaint in good faith.
Lodging your complaint and next steps:
Receipt/Acknowledgement of Complaint:
- The Office of the Children’s Guardian will aim to acknowledge your complaint within 7 business days.
- They will not disclose your details without your consent unless required by law.
Assessment/Investigation:
Once you lodge your complaint, the Office of the Children’s Guardian will:
- Assess the complaint and consider any warranted action.
- Advise you of the assessment outcome.
- Inform you of any action they may take in response, as allowed by law.
Taking Action:
- The Office of the Children’s Guardian will notify you of any actions they decide to take after assessing your complaint.
- They will also inform you of the complaint's outcome, within the limits of what the law permits.
- The Office aims to resolve your complaint as quickly as possible.
More information:
Refer to the factsheet provided below for more information.
