Role of the Ombudsman

Jurisdiction
Ombudsman an office of last resort
Free Service

Jurisdiction

The Ombudsman is appointed pursuant to the Ombudsman (Northern Territory) Act to receive complaints from members of the public who feel they have been treated unfairly or inappropriately by Northern Territory Government departments, statutory authorities or local government or community councils, Northern Territory Police or Correctional Services. The Ombudsman is independent of Government and provides a free service to the public.

The Ombudsman has broad powers to investigate actions, decisions, practices and procedures of most government departments, statutory bodies and local councils. Whilst formal investigation powers are available, most complaints are resolved by way of preliminary inquiry or by the use of alternative dispute resolution processes which assist members of the public to achieve their desired outcomes in a timely manner. If a complaint is sustained, the Ombudsman can recommend corrective action including providing a remedy for the complainant.

There are some matters over which the Ombudsman does not have jurisdiction. These include the actions and decisions of the Courts or tribunals operating judicially, Ministers of the Crown (although the Ombudsman can review the accuracy and appropriateness of information provided to the Minister and upon which a Minister's decision was made), government lawyers acting as solicitors for the Crown and employment related matters where the person making the complaint is employed in the service of a government department or statutory authority.

The Ombudsman's jurisdiction includes all Northern Territory Government departments and statutory authorities. The Ombudsman does, however, have a restricted jurisdiction in relation to the Director of Public Prosecutions, the NT Licensing Commission, the NT Planning Authority, the Coroner's office, the Parole Board and the Anti-Discrimination Commission. The Ombudsman does not investigate disputes between private individuals.

For members of the public whose complaints are not within the jurisdiction of the Ombudsman to investigate, the office provides a referral service to assist people to find an appropriate body which is able to deal with their specific concerns. Where to complain in the NT booklet

If a complaint is about a health service or certain community services, the complaint will be referred to the Health and Community Services Complaints Commission (HCSCC). The HCSCC is co-located in the Ombudsman's Office and the Ombudsman is also the Commissioner for Health and Community Services Complaints. Health and Community Services Complaints Commission

For complaints about Commonwealth Government departments such as Centrelink, contact the Commonwealth Ombudsman. A Commonwealth Ombudsman representative is co-located in the NT Ombudsman's Office in Darwin.

Ombudsman an office of last resort

Historically the office of the Ombudsman is a place of last resort. Members of the public are encouraged to take all possible steps to resolve their concerns directly with the relevant department. The Ombudsman will not normally investigate a complaint until all regular avenues of appeal or review available within a department, have been exhausted. The Ombudsman will, however, facilitate contact being made with the appropriate person within a department.

Complaints concerning the conduct of members of the Northern Territory Police are not subject to the same restrictions. The Ombudsman (Northern Territory) Act specifically requires both the Commissioner of Police and the Ombudsman to notify each other, upon receipt of a complaint, of the details of the complaint. The complaint is then handled pursuant to procedures agreed between the Ombudsman and the Commissioner of Police.

Free Service

The Ombudsman provides a free service to the public. The Ombudsman strives to provide a process which is flexible and which is able to focus on the merits of a complaint, without being confined to technical or legalistic restraints. Given the independence and role of the Ombudsman, recommendations made in respect of a particular complaint are usually accepted and acted upon.

The Ombudsman and staff are committed to providing a high standard of service and its commitments in this regard can be found by CLICKING HERE