What types of complaints can you make?
The Office of the Inspector of the Law Enforcement Conduct Commission can handle complaints about:
Maladministration: Complaints can be made about maladministration on the part of the LECC and/or its officers, including:
- Unlawful Conduct: Acting against legal duties.
- Unreasonable, Unjust, Oppressive, or Improperly Discriminatory Conduct: Decisions causing unfair impact.
- Improper Motives: Actions taken without proper reasons.
- Irrelevant Considerations: Decisions influenced by irrelevant factors.
- Mistakes of Law or Fact: Errors in interpreting laws or facts.
- Failure to Give Reasons: Not explaining decision-making processes.
Misconduct: Complaints can be made about misconduct by officers of the LECC, including:
- Criminal Offences: Actions like theft or assault.
- Corrupt Conduct: Engaging in dishonest or fraudulent behaviour.
- Disciplinary Actions: Violations of internal policies.
Location:
Complaints can be made about the conduct of the LECC regardless of where it occurs.
Time Limitations:
There are no time limits for making a complaint.
LECC does not handle complaints about:
Other police agencies, NSW Police Force, or NSW Crime Commission.
Exercise of discretion:
The Inspector is not required to investigate every complaint and may consider the seriousness and impact when deciding.
Who can you make a complaint against?
You can make a complaint against:
- Officers of the LECC
- The LECC: You can make complaints about the conduct of the LECC as an agency
The Inspector cannot:
Deal with complaints against other public authorities or officials.
Are you eligible to make a complaint?
Who can complain?
Anyone, including public officials, can make a complaint.
Before you lodge a complaint:
No steps are needed to be made before lodging a complaint.
Complaints on someone else's behalf:
Complaints can be made on behalf of someone with their consent.
You cannot complain about:
Complaints regarding other law enforcement agencies.
What can this body do to help?
This body may provide:
- Investigations, Reports, and Recommendations: Investigate serious or systemic issues and make recommendations.
- Referral to Other Agencies: Pass the matter on to other agencies.
- Recommend Disciplinary Action or Prosecution: Suggest actions against officers for misconduct.
- Inquiries: Conduct investigations into matters of public importance.
Additional Information:
Complaints will be notified of outcomes via email or letter.
How to prepare your complaint
Personal Details:
Complaints can be anonymous but providing details can aid investigation.
Respondent’s Details:
Specify the relevant LECC officer or the agency.
Relevant Facts:
Provide specific details, supporting documents, and actions taken.
What NOT to Include:
Avoid false or misleading statements.
Additional Information:
If the Inspector acts on your complaint, details may be shared with relevant authorities.
Lodging your complaint and next steps:
Where to lodge your complaint:
You can make a complaint via:
- The online form: Online OILECC Complaint Form
- Email: oilecc_executive@oilecc.nsw.gov.au
- Post: Inspector of the Law Enforcement Conduct Commission GPO Box 5341 Sydney NSW 2001
- Telephone: (02) 9228 3023
Receipt/Acknowledgement:
Complaints are acknowledged within 5 business days.
Assessment/Investigation:
The Inspector assesses the complaint and may request additional information. Investigations may result in reports or recommendations.
Final Decision:
Timeframes vary based on complexity. Complainants will be notified of decisions by email or letter.
Additional Information:
Provide all relevant information upfront and keep a copy of your complaint for reference.
More information:
Refer to the factsheet provided below for more information.
What types of complaints can you make?
The NSW Ombudsman can act on complaints about the conduct of NSW public authorities and community service providers, including conduct that occurs in other states.
Some common complaints include:
- A Public Authority hasn’t been fair and reasonable with you
- You haven't been provided with sufficient information to understand a decision
- A public authority hasn't replied to you without a good reason
- The policies and procedures of a public authority were not fair and reasonable, or they weren't followed without a good reason
- A public authority hasn't performed their work promptly and without unnecessary delay
- Your complaint wasn't handled according to the authority’s complaint handling policies and procedures
The NSW Ombudsman cannot investigate complaints about:
- the conduct of NSW government ministers, courts, police, the Law Enforcement Conduct Commission, ICAC, or the Office of the Legal Services Commissioner;
- local councils if there's a right of appeal or review;
- the Judicial Commission;
- decisions on accessing government information.
If the NSW Ombudsman does not have the jurisdiction to, or decides not to investigate your complaint, you will be told the reasons for that decision.
Example
Joan was issued with a speeding fine. The speed camera showed a car with Victorian license plates but Joan’s car is registered in NSW. She explained this when she applied for a, internal review of the fine but was told it didn’t matter, she still had to pay.
Who can you make a complaint against?
Before you contact the Ombudsman, try to resolve your complaint directly with the authority or service provider. If you haven't done this, the Ombudsman might not take action. However, if your complaint is urgent or involves safety or well-being risks, you can go directly to the Ombudsman.
You can make a complaint for someone else, but without their consent, the Ombudsman may not give you detailed information due to privacy laws. The Ombudsman's services are free, and you don't need a lawyer, but you can get legal advice at any time.
You can also lodge complaints anonymously, but this may limit the Ombudsman’s ability to respond or investigate.
Are you eligible to make a complaint?
Before you contact the Ombudsman, try to resolve your complaint directly with the authority or service provider. If you haven't done this, the Ombudsman might not take action. However, if your complaint is urgent or involves safety or well-being risks, you can go directly to the Ombudsman.
You can make a complaint for someone else, but without their consent, the Ombudsman may not give you detailed information due to privacy laws. The Ombudsman's services are free, and you don't need a lawyer, but you can get legal advice at any time.
You can also lodge complaints anonymously, but this may limit the Ombudsman’s ability to respond or investigate.
What outcomes are available?
- Warm/Direct Referral: The Ombudsman can guide you to the right place if they cannot help directly.
- Resolution: They can work with you and the other party to resolve the issue
- Comments: The Ombudsman can provide feedback and suggestions to improve services.
- Mediation or conciliation: They can facilitate a discussion between both sides to help reach a mutual agreement.
- Investigation, Reports, and Recommendations: The Ombudsman can investigate your complaint, write a report on their findings, and recommend actions to fix the problem.
What should your complaint include?
You can make a complaint to the NSW Ombudsman either in writing or verbally.
Free interpreter or translator services are available.
If you provide personal information, include:
- First and last name
- Age
- Contact number
- Email and postal address
When describing your complaint, include:
- The name of the public authority or community service provider.
- Details about what the complaint is about, including what happened and when.
- The outcome after you complained to the authority or provider.
- What resolution you seek.
Provide as much detail and supporting documents as possible. Do not make false or misleading statements, as this may be an offence.
Lodging your complaint and next steps
You can lodge a complaint with the NSW Ombudsman:
- Online via the form: Make a complaint online - NSW Ombudsman
- Email: info@ombo.nsw.gov.au
- Post: Level 24/580 George Street, Sydney 2000
- Telephone: 1800 451 524, Monday to Friday, 9am - 4pm
- In person: Level 24/580 George Street, Sydney 2000, Monday to Friday between 9am-12pm or 1pm-4pm.
What to Expect After Lodging Your Complaint:
- Written Complaints: You will receive an acknowledgment with a case reference number within 10 working days.
- Phone or In-Person Complaints: You will receive immediate acknowledgment.
Possible Outcomes:
- If no action is needed, you will be informed with the reasons.
- If action is taken, the Ombudsman officer will contact the relevant authority and keep you informed of the outcome.
Most complaints are resolved within 30 days, but complex cases may take longer.
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