The Law Handbook 2024

Chapter 12.1: Taking a problem to an ombudsman 1087 However, it is not the norm for the Commonwealth Ombudsman to finalise a complaint investigation by making a formal report. The Commonwealth Ombudsman may also, during or after an investigation, express a preliminary view, or suggestion, that there has been some agency error and suggest a remedy. In most cases, agencies accept this and act on the view or suggestion. The Ombudsman may make a report to the relevant agency and government minister where they form an opinion relating to one or more of the errors mentioned in section 15(1) of the OA (Cth) and consider that a recommendation should be made for remedial action or a change in law or procedure. If adequate action is not taken following a formal report, the Ombudsman may then report to the Prime Minister and to the Australian Parliament. The CommonwealthOmbudsmanmay also decide to make public information about an investigation (usually without any identifying details). Review of Commonwealth Ombudsman decisions The Commonwealth Ombudsman’s actions are not subject to external merits review, and judicial review mechanisms have very limited practical application. Freedom of information The Commonwealth Ombudsman is subject to the requirements of the Freedom of Information Act 1982 (Cth) (‘ FoI Act (Cth) ’). The Commonwealth Ombudsman processes freedom of information ( FoI ) requests in accordance with the FoI Act (Cth), and with regard to the confidentiality and privacy provisions in the OA (Cth). If a FoI request relates to a document originating in another agency, the request may be transferred to that agency and the person advised accordingly. Complaints and reviews of FoI decisions are handled by the Office of the Australian Information Commissioner (www.oaic.gov.au) . (Also see Chapter 12.3: Freedom of information law.) Contacting the Commonwealth Ombudsman The Commonwealth Ombudsman has offices in most states and territories. The national office is in Canberra. A list of all offices and their addresses can be found at www.ombudsman.gov.au/contact. This website also has detailed information about what the Commonwealth Ombudsman does, how to make a complaint (including an online complaints service), how to make a public interest disclosure, details of legislation relating to the Commonwealth Ombudsman, a history of the Commonwealth Ombudsman’s role, and copies of theCommonwealth Ombudsman’s reports and publications, including the Commonwealth Ombudsman’s Service Charter. Commonwealth Ombudsman Tel: 1300 362 072 Tel (for Indigenous callers): 1800 060 789 Web: www.ombudsman.gov.au Victorian Ombudsman Functions and role The Victorian Ombudsman’s functions are primarily established by the Ombudsman Act 1973 (Vic) (‘ OA (Vic) ’. The Victorian Ombudsman has four principal functions: • resolving complaints – to resolve complaints about administrative action taken by or in an authority (s13(1)(a)); • enquiries and investigations – to enquire into or investigate administrative actions of authorities (s 13(1)(b)); • enquiries and investigations – to enquire into or investigate corrupt conduct referred by the Independent Broad-based Anti- Corruption Commission (‘ IBAC ’) (s13(1)(c)); • public interest complaints – to investigate public interest complaints referred by the IBAC about conduct by or in an ‘authority’ or ‘public interest disclosure entity’ (s13(1)(d)). Since 1 January 2020, the Victorian Ombudsman has had additional functions: • to engage in alternative dispute resolution ; • to provide education and training to public authorities and the community about the role of the Victorian Ombudsman; and • to review the complaint-handling procedures of authorities.