Maladministration: preparing an Ombudsman complaint

Current protections and scope

The Office oversees maladministration by government departments and public bodies within its statutory remit, and matters concerning the Code on Access to Information. Ordinary maladministration jurisdiction excludes specified bodies such as the Police and ICAC; Code complaints have a different scope. Check the official organisation list before submitting.

Statutory restrictions include knowledge of the subject for more than twenty-four months, anonymous or untraceable complainants, unsuitable representation and available statutory appeal or legal remedies. Commercial transactions, personnel and litigation decisions also have exclusions. Disagreeing with policy or a purely professional judgement does not necessarily create an investigable complaint.

Act in order: evidence and assistance

1. Start with the organisation's complaint channel, specifying the delay, error or procedural failure and the explanation or remedy sought. Keep the application reference, promised dates and responses. Repeated calls without a record make it harder to establish what happened or what remains unresolved.
2. Condense events into a one-page chronology with facts, effects and requested improvements separated. Check jurisdiction and exclusions. If another statutory review, appeal or court deadline applies, continue attending to it; preparing an Ombudsman complaint does not replace that process or excuse a missed deadline.
3. Submit through the official online, written or in-person channel with accurate identity, contact details and relevant attachments. A representative should explain why the aggrieved person cannot act and provide appropriate authority. An intermediary's message or a social-media repost is not a completed formal complaint.
4. Provide requested details and keep track of inquiry, mediation or investigation. After the outcome, use the published review arrangement, generally within six months, to give specific written grounds and supporting evidence if dissatisfied. Obtain separate advice about any court remedy rather than assuming internal review is litigation.

Common misunderstandings

The Office can recommend improvements or remedial measures, which is different from awarding you money, completing an application or automatically cancelling every departmental decision. A specific request, such as an explanation, process review or improved response, makes the administrative issue easier to follow.

An attachment index and key dates are more useful than hundreds of unexplained pages. Supply identity documents through the official channel. Use redacted copies for public discussion while retaining the information needed for formal identity verification and an accurate account of the complaint.

Turn the problem into a usable record

For example: 'The department acknowledged the documents on this date, but two promised response dates passed; acknowledgements and follow-ups are attached; I seek an explanation and the next step.' Separate a complaint about staff conduct from the substantive application result so the administrative concern is clear.