Complaint Process

Receiving your complaint | Assessing your complaint | Making preliminary inquiries with the department | Formal Investigation | Timeframes | Complaint Form

Receiving your complaint

Your complaint can be made in a number of ways:

• In person at the Darwin or Alice Springs office
• In writing
• By telephone, fax or email

All complaints are referred to the Ombudsman who will normally delegate the complaint to an investigation officer.

Assessing your complaint

When the Ombudsman's office receives your contact, officers will seek to properly understand your complaint by talking to you and assessing the information you have provided. The specific matters that need to be taken into account include:

• Whether your complaint is within the Ombudsman's jurisdiction (refer to the section 'What you can complain about' under Making a Complaint;
• Whether you have already attempted to resolve your concerns directly with the department, or you have good reasons for not having done so;
• Whether your complaint is about a matter which you became aware of less than 12 months ago (normally the Ombudsman will not accept a complaint about matters which occurred more than 12 months ago);
• Whether your complaint would be more appropriately dealt with by a different body (eg. Anti-Discrimination Commission, Information Commission).

Making preliminary inquiries with the department

If the matter is something in which the Ombudsman may become involved, the officers will then approach the department with details of your complaint and invite the department to respond to the issues raised. Once this stage has been reached, the available information will be assessed, and the Ombudsman will determine whether any further action is necessary. If the Ombudsman is initially satisfied with the department's response, or if it is necessary to clarify information, you will be contacted for your views and comments.

If necessary, the Ombudsman may also wish to inspect the department file and/or interview independent witnesses and departmental staff. Once all relevant information has been obtained, and the department and you have had a proper opportunity to comment, the Ombudsman will form a view about the department's actions. If the Ombudsman believes that the department has acted fairly, the Ombudsman will express this view to you and explain why. Alternatively, if it is considered that an error or unfairness has occurred then the Ombudsman's Office will attempt to negotiate a resolution between the complainant and the department.

If the Ombudsman considers that the department has acted unfairly, and the department will not negotiate a suitable resolution, the Ombudsman is able to report the matter to the Chief Executive Officer of the department, the Minister and the Legislative Assembly with recommendations for remedial action. In practical terms, this formal resolution is rarely necessary, as on most occasions, the department will reach some compromise to solve the problem.

Formal Investigation

On occasion the Ombudsman may determine to conduct a formal investigation into a complaint. Formal investigation is usually only undertaken in relation to very serious or complex complaints, which raise issues of systemic problems within a department. When conducting a formal investigation the Ombudsman may exercise powers conferred under the Ombudsman (Northern Territory) Act to assist in the investigation, such as the power to enter premises and inspect records and the power to require any person to answer questions concerning the matter.

Timeframes

People seeking the assistance of the Ombudsman need to be aware that investigating complaints can take some time. Factors contributing to this may include the complexity of the issues raised in a complaint, the need to obtain information from a number of departmental staff, the need to provide procedural fairness and staff workloads. If there are urgent aspects to your complaint, you should bring this to the attention of the Ombudsman as early as possible when you lodge your complaint.

Complaint Form

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