Ombudsmen in Australia
Encyclopedia

Government ombudsmen

Government ombudsman services are free to the public, like many other ombudsman and dispute resolution services, and are a means of resolving disputes outside of the court systems.

Australia has an ombudsman assigned for each state—as well as an ombudsman for the Commonwealth of Australia—as laws differ in some states and as such just one process, or policy, cannot be used across the board.

All government bodies are within the jurisdiction of the ombudsman.

Commonwealth ombudsmen

The Commonwealth Ombudsman in Australia was established in 1976. The Ombudsman can investigate complaints about the actions and decisions of Australian Government departments and agencies, the services delivered by most private contractors for the Australian Government, and oversee complaint investigations conducted by the Australian Federal Police.

The Ombudsman can also investigate complaints about delays in processing Freedom of Information requests (FOI) and complaints about FOI charges. The Commonwealth Ombudsman is also the Defence Force Ombudsman, Immigration Ombudsman, Postal Industry Ombudsman, Taxation Ombudsman, Law Enforcement Ombudsman and through an arrangement with the Australian Capital Territory (ACT) Government, the ACT Ombudsman. In addition, the Ombudsman has a number of statutory oversight functions in relation to law enforcement agency use of special powers, including those under the Telecommunications (Interception and Access) Act 1979, Surveillance Devices Act 2004 and Part 1AB of the Crimes Act 1914. The current Acting Commonwealth Ombudsman is Alison Larkins.

State ombudsmen

The various states in Australia have (variously described) state Ombudsman offices, with similar jurisdiction as described above, except over state government authorities. There is much collaboration in an academic sense between Ombudsmen in Australia, given the highly similar nature of their roles (despite differing jurisdictions). The offices frequently work on joint projects, such as those addressing difficult client behaviour.
  • New South Wales Ombudsman

The first NSW Ombudsman was appointed in 1975 and the legislation became operative in May that year. Since then, there have been many changes – public authorities have merged and separated and there have been five different Ombudsman.
The current Ombudsman is Bruce Barbour.
  • Ombudsman for the Northern Territory

The Ombudsman for the Northern Territory is independent of Government and provides a free service to the public.
The current Ombudsman is Carolyn Richards.
  • Ombudsman of South Australia

The SA Ombudsman is a completely independent official who has comprehensive power to investigate government departments and authorities and local government councils. The office provides 'free, impartial, informal and timely resolution of complaints to promote fairness, openness and good public administration in South Australia'. The current Ombudsman is Ken MacPherson.
  • Ombudsman of Victoria

The Ombudsman of Victoria is an independent officer of the Victorian Parliament who investigates complaints about state government departments, most statutory authorities and local government. The current Ombudsman is George Brouwer.
  • Ombudsman Western Australia

The Ombudsman of Western Australia investigates complaints about Western Australian State Government agencies, statutory authorities, local governments and public universities. The Ombudsman for Western Australia is Chris Field.
  • Queensland Ombudsman

The Queensland Ombudsman's Office is an independent complaints investigation agency. Its role is to make sure that public agencies (State government departments and bodies, and local councils) act fairly and make the right decisions for Queenslanders. The current Ombudsman is David Bevan.
  • Tasmanian Ombudsman

The Tasmanian Ombudsman investigates complaints regarding public authority administrative action and contravention of state privacy legislation, conducts Freedom of Information reviews in respect of government agencies and can accept public interest disclosures (i.e. whistleblowing complaints) and other miscellaneous functions (e.g. auditing of police telephone interception warrants). The current Ombudsman is Simon Allston.

Industry and organizational ombudsmen

Unlike the government run ombudsman services, industry-based ombudsman resolve complaints made against their members, who are required to pay a yearly membership fee. Industry-based ombudsmen generally operate according to a constitution and are impartial in their decision-making. That is, they don't take sides—they are neither an industry nor a consumer advocate.

Like government run ombudsman services, the services of external/alternative dispute resolution (ADR
ADR
ADR is a three-letter initialism that may refer to:* Académie de Roberval, a school in Montreal, Canada* Accident Data Recorder* short for Accord européen relatif au transport international des marchandises dangereuses par route, also known as the European Agreement concerning the International...

) are free for consumers. The costs of the ombudsman services are usually charged to its members on a case by case basis, or can be determined on the amount of complaints that the company has received for that financial year. Generally the providers in a particular industry (for example telecommunications, energy and water, credit, insurance, public transport) are required to be members of an independent External Dispute Resolution scheme (EDR). A Board or Council with representatives of both industry and consumers as well as an independent Chair, is responsible for the operation of an industry-based Ombudsman. The Board or Council appoints the Ombudsman. Government or an independent regulator, such as the Australian Securities and Investments Commission
Australian Securities and Investments Commission
The Australian Securities & Investments Commission is an independent Australian government body that acts as Australia's corporate regulator...

 (ASIC) may be involved by approving the scheme and ensuring that it complies with certain standards. Sometimes a Government Ombudsman is also an industry Ombudsman. An industry-based Ombudsman typically charges each member according to the number and/or the complexity of complaints it receives about the company.
While the development of these facilities over the last 20 years has "lifted industry dispute resolution standards", the industry schemes have "stalled and cannot be described as world best practice".

Energy and water


Financial industry

  • Credit Ombudsman Service Limited
    Credit ombudsman service
    Australia's Credit Ombudsman Service, or COSL, is an industry ombudsman established in 2003 as a result of the Mortgage & Finance Association of Australia self regulation and the then increasing interest in non-bank lending. The Credit Ombudsman Service is the largest External Dispute Resolution ...

     - COSL is the external dispute resolution (EDR) scheme for the non bank financial services industry, approved by the Australian Securities and Investments Commission
    Australian Securities and Investments Commission
    The Australian Securities & Investments Commission is an independent Australian government body that acts as Australia's corporate regulator...

     (ASIC). COSL assists with complaints about financial services providers including lenders, investment
    Investment
    Investment has different meanings in finance and economics. Finance investment is putting money into something with the expectation of gain, that upon thorough analysis, has a high degree of security for the principal amount, as well as security of return, within an expected period of time...

     and financial planning services, insurance, non bank lenders, micro lenders, finance brokers, mortgage brokers, lenders mortgage insurance
    Lenders mortgage insurance
    Lenders Mortgage Insurance , also known as Private mortgage insurance in the US, is insurance payable to a lender or trustee for a pool of securities that may be required when taking out a mortgage loan...

    , accountants, tax agents, superannuation providers, credit providers, credit unions and building societies.
  • Financial Ombudsman Service (FOS)
    Financial Ombudsman Service (Australia)
    The Financial Ombudsman Service is an Australian industry ombudsman that handles complaints in respect of most financial services.-History:It was established on 1 July 2008 following the merger of Financial Industry Complaints Service with the Banking and Financial and Financial Services Ombudsman ...

     — FOS assists with complaints about financial services providers including banks, credit unions and building societies, credit providers, non bank lenders, finance brokers, micro lenders, investment and financial planning services, insurance and some superannuation providers. Official Website
  • Superannuation Complaints Tribunal
    Superannuation Complaints Tribunal
    The Superannuation Complaints Tribunal is an independent statutory body established by the Australian Government to deal with complaints about superannuation .- History:...

     — an independent Tribunal to deal with complaints about superannuation funds, annuities and deferred annuities; and Retirement Savings Accounts (RSA's). Official Website

Other industries

  • Oxfam
    Oxfam
    Oxfam is an international confederation of 15 organizations working in 98 countries worldwide to find lasting solutions to poverty and related injustice around the world. In all Oxfam’s actions, the ultimate goal is to enable people to exercise their rights and manage their own lives...

     Australia: Mining Ombudsman Official Website
  • Private Health Insurance Ombudsman
    Private Health Insurance Ombudsman
    The Private Health Insurance Ombudsman is an Australian Government agency but acts independently of the Government in dealing with complaints and reporting...

  • Produce and Grocery Industry Ombudsman
  • Public Transport Ombudsman VIC
  • Telecommunications Industry Ombudsman (TIO): a free and independent alternative dispute resolution scheme for small business and residential consumers in Australia who have a complaint about their telephone or Internet service. Established in 1993 by the Australian Federal Government, the TIO is independent of industry, the government and consumer organisations. The TIO is authorised to investigate complaints about the provision or supply of telephone or Internet services.

Other complaint-handling and review agencies

In some cases, it may be more appropriate for complaints to be investigated by the Privacy Commissioner who investigates complaints about breaches of privacy; the Australian Human Rights Commission (previously the Human Rights and Equal Opportunity Commission) which investigates complaints about discrimination because of race, sex or disability; or one of the other avenues of Australian Government administrative review. Review Tribunals can review the merits of an agency's decision, and they also have the power to change a decision.
  • Administrative Appeals Tribunal (AAT)
  • Migration Review Tribunal (MRT)
  • National Alternative Dispute Resolution Advisory Council (NADRAC)
  • Office of the Commissioner for Complaints (for complaints about Commonwealth funded aged care services)
  • Privacy Commissioner
  • Refugee Review Tribunal (RRT)
  • Social Security Appeals Tribunal (SSAT)
  • Veteran's Review Board


There are also several children's commissioner agencies at state and territory level.

Intelligence and security related complaints

Complaints about the actions/decisions of the organisations comprising the Australian intelligence community (listed below), may be lodged with the Inspector-General of Intelligence and Security
Inspector-General of Intelligence and Security (Australia)
The Inspector-General of Intelligence and Security is an independent statutory office holder in the Commonwealth of Australia responsible for reviewing the activities of the six agencies which collectively comprise the Australian Intelligence Community...

, currently Ian Carnell.
  • Australian Secret Intelligence Service
    Australian Secret Intelligence Service
    The Australian Secret Intelligence Service is the Australian government intelligence agency responsible for collecting foreign intelligence, undertaking counter-intelligence activities and cooperation with other intelligence agencies overseas...

     (ASIS)
  • Australian Security Intelligence Organisation
    Australian Security Intelligence Organisation
    The Australian Security Intelligence Organisation is Australia's national security service, which is responsible for the protection of the country and its citizens from espionage, sabotage, acts of foreign interference, politically-motivated violence, attacks on the Australian defence system, and...

     (ASIO)
  • Defence Intelligence Organisation
    Defence Intelligence Organisation
    The Defence Intelligence Organisation is an Australian government intelligence agency responsible for assessing intelligence obtained from or provided by other Australian and foreign intelligence agencies, supporting Defence and Government decision-making and the planning and conduct of Australian...

     (DIO)
  • Defence Signals Directorate
    Defence Signals Directorate
    Defence Signals Directorate is an Australian government intelligence agency responsible for signals intelligence and information security .-Overview:According to its website, DSD has two principal functions:...

     (DSD)
  • Office of National Assessments
    Office of National Assessments
    The Office of National Assessments is an Australian intelligence agency. ONA was established by the Office of National Assessments Act 1977 as an independent body directly accountable to the Prime Minister of Australia...

     (ONA)

Employment

  • Fair Work Ombudsman
    Fair Work Ombudsman
    The Fair Work Ombudsman is the central point of contact for free advice and information on the Australian national workplace relations system. The Fair Work Ombudsman also investigates workplace complaints and enforces compliance with national workplace laws....

    Official Website
  • Office of the Employee Ombudsman SA

Associations

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