Making a Complaint

Who can make a complaint | What you can complain about | Before contacting the Ombudsman | How to complain

In this section you can find out who can make a complaint and how your complaint will be processed. Also included is an online Complaint Form to allow you to lodge your complaint direct with the Ombudsman.

Who can make a complaint

Any person, group of people, body or organisation affected by a decision or failure to act by an agency within the Ombudsman's jurisdiction may make a complaint to the Ombudsman.

The complaint should be lodged within 12 months of becoming aware of the matter which is the subject of the complaint.

What you can complain about

Decision, recommendation, action or inaction by a department

A complaint may be made about any decision, recommendation, action or inaction by a department within the Ombudsman's jurisdiction. For example, you may complain about the process a department used to make a decision, delay in taking any action, any requirement which a department has placed on you which you believe is unreasonable, a harsh or wrong decision or any other action by the department.

Departments and statutory authorities within the Ombudsman's jurisdiction include:

• All NT Government departments
• Schools
• Hospitals
• Government transport services
• Police, Fire and Emergency Services
• Territory Insurance Office
• Power Water Corporation
• Darwin Port Corporation
• Charles Darwin University
• Batchelor Institute of Indigenous Tertiary Education
• Local Government Council, Shire Councils and most Community Government Councils.

There are certain matters about which the Ombudsman cannot consider complaints. Among these are decisions of a court or actions relating to court decisions, decisions by a tribunal operating judicially, complaints about employee/employer matters, or actions of Ministers of the Crown. However for an agency within jurisdicton, virtually any action taken by the agency may be within the Ombudsman's jurisdiction.

Complaints about disclosure of information held by government departments, or about privacy matters, may be outside the Ombudsman's jurisdiction. These complaints may be dealt with by the department concerned under the Information Act. For further information contact the Office of the Information Commissioner.

Conduct of Police

A complaint may also be made about the conduct of a Police Officer or any action taken, or refusal or failure to take action, by a member of the Police Force of the Northern Territory, whether or not that action was an administrative action.

Apealable decisions

The Ombudsman does not exist as a means of appeal against a decision by a department with which you disagree. The Ombudsman will only look to see that the process was reasonable and that the decision is lawful and fair.

If there is a formal appeal process which you can use to appeal a decision with which you disagree, it is unlikely the Ombudsman will be able to accept your complaint.

Contact the Ombudsman if you are not sure where to lodge your complaint

If in any doubt about whether you can complain, feel free to discuss it with one of the Ombudsman's staff by phoning (08) 8999 1818, free call 1800 806 380 or to contact the Ombudsman by email Click Here.

There are many offices similar to the Ombudsman for the NT. These include a Banking Ombudsman, Telecommunications Ombudsman and Insurance Ombudsman. Click here for a link to the Australian and New Zealand Ombudsman Association website.

You may also find the booklet 'Where to Complain in the Northern Territory' useful. The booklet includes contact details for organisation which can provide free legal advice. To download a PDF copy of this booklet click here.

Normally the Ombudsman would expect you to have made reasonable attempts to resolve the matter yourself directly with the agency before requesting this office to become involved.

The online Complaint Form allows you to quickly and conveniently register your complaint.

Before contacting the Ombudsman

Unless there are valid reasons why you do not wish, or are unable, to approach the department to discuss your concern, you should do this before contacting the Ombudsman. The following tips may assist you in resolving your concern directly with the department.

1. Find out what rights of appeal you have and exercise your right where available and appropriate.
2. If you are not filing a formal appeal, find out who is the most appropriate person with whom to discuss your concern. This may be the person who made the decision you are unhappy with, the manager of the section, the complaints officer or service manager or even the Chief Executive Officer.
3. Communicate with that person in the manner you are most comfortable with and which you feel will be most likely to achieve your desired outcome. Sometimes it is best to put a concern in writing, particularly if it is complicated or there is a significant history. Other issues may be more likely to be resolved by face to face discussion.
4. Use patience, persistence and pleasantness to achieve your objective. Keep in mind your desired outcome abd don't let bureaucratic processes or your own emotions deflect you from your goal.
5. Be prepared. Know what questions you want answers to; have relevant documentation ready; ask the department what laws, policy or procedures apply to you matter and ask for a copy.
6. Carefully read everything that is sent to you from the department. Often important information such as your appeal rights can be overlooked.
7. Keep records of conversations and correspondence relating to your concern.

The Ombudsman is available to help if:

• Your direct approach to the agency does not resolve your concerns, or
• There are special and valid reasons why you do not wish to contact the agency personally.

How to complain

The Ombudsman can receive a complaint in any understandable form. Many complaints are received over the telephone (call 8999 1818 or Toll Free 1800 806 380 from within the Northern Territory). Alternatively you can write or visit the Offices. For your own convenience, it is preferable, that you make an appointment in the first instance.

Whatever method is chosen, it is essential that you attempt to give the Ombudsman a clear picture of all of the circumstances and issues of your complaint. The Ombudsman will need your contact details, including a day time telephone number. If you have a reference number from the agency, this should be provided to the Ombudsman. Please attempt to set out as clearly and concisely as you can, the matters about which you are complaining. Dates of relevant events and names and contact telephone numbers of the agency or other people who may have relevant information would be most helpful. You should provide any relevant documents you have which will assist the Ombudsman to obtain a full appreciation of the complaint. Copies of such letters or documents should be provided to the Ombudsman by post or by delivery to his Offices.

It is important that you tell the Ombudsman what you hope can be done to assist you and how your complaint may be resolved to your satisfaction. Otherwise, your expectations may be misunderstood.

Complaints can also be made by fax on 8999 1828, E-mail nt.ombudsman@nt.gov.au or by completing the online Complaint form.