What types of complaints can you make?
You can make a complaint about:
- Under-reporting claims: If a Self-Insurer is intentionally minimising reported workplace injuries to meet their KPIs.
- Artificially increasing the Return to Work rate: If a Self-Insurer is rushing injured employees back to work before they have fully recovered.
- Not processing claims fast enough: If a Self-Insurer is not processing Workers’ Compensation claims within the specified timeframes.
Jurisdiction:
The SRCC can grant, revoke, or suspend Self-Insurance Licences and determine their conditions for Australian companies.
Time Limitations:
No time limitations, but information over 8 years old may be less relevant.
The SRCC will not deal with complaints about:
Cannot investigate individual Workers’ Compensation claims.
Exercise of Discretion:
The SRCC has the discretion to choose not to conduct an investigation following the receipt of a complaint, and to choose to renew a Self-Insurance Licence despite having received the complaint, even after they’ve conducted an investigation.
Who can you make a complaint against?
You can make a complaint against:
The SRCC will not deal with complaints about:
The SRCC cannot hear complaints against individuals.
Are you eligible to make a complaint?
Who can make a complaint?
Employees of entities covered by the SRCC, including Commonwealth employees and employees of self-insured licensees, and other affected stakeholders.
Before you lodge a complaint:
Attempt to resolve the issue directly with the employer or relevant department first.
Can complaints be made on behalf of someone?
Yes, complaints can be made on behalf of someone else, such as a family member or legal representative.
The SRCC will not deal with complaints about:
Complaints deemed frivolous, vexatious, or outside the scope of workers' compensation and rehabilitation may be excluded.
What can this body do to help?
This body may provide:
- Investigation: The SRCC can investigate the subject of the complaint and will communicate regularly if the investigation lasts longer than 21 days.
- Non-renewal of Licence: The SRCC can decide not to renew the Self-Insurance Licence of the subject of the complaint.
- Conditions on Licence: The SRCC can renew the Self-Insurance Licence but impose conditions on that Licence.
How to prepare your complaint
Format:
Complaints can be made via email or post.
Personal Details:
Not mandatory, but helpful for the investigation.
Respondent’s Details:
The respondent will be whichever Self-Insurer the complaint is being made against.
Relevant Facts:
Evidence of non-compliance with Licensee KPIs, such as under-reporting injuries, pressuring employees to return to work early, and delays in processing claims.
What NOT to Include:
False or misleading statements.
Lodging your complaint and next steps:
You can submit your complaint via:
Next steps:
- Assessment / investigation: The SRCC may decide to conduct an investigation of the Self-Insurer in question on the basis of your complaint.
- Conclusion: The SRCC will advise a complainant when their complaint is closed.
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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