The Law Handbook 2024

Chapter 12.1: Taking a problem to an ombudsman 1089 • a body whose members are appointed by the Governor in Council or a minister; or • a company, all the shares or a majority of the shares in which are held by the state or an authority. The Victorian Ombudsman’s jurisdiction does not include Commonwealth Government departments and private organisations (see ‘Commonwealth Ombudsman’, above). If you are unsure whether a particular body is within the Victorian Ombudsman’s jurisdiction, contact the Ombudsman’s office (see ‘Contacting the Victorian Ombudsman’, below). Discretion to investigate The Victorian Ombudsman may decide to investigate a matter, subject to the directions and discretions in ss 15 and 15A of the OA (Vic). Where the Victorian Ombudsman considers someone has a right of appeal or avenue of review to a tribunal or a court, they must refuse to deal with the matter unless they consider it would not be reasonable to expect the person to exercise that right, or that the matter merits investigation to avoid injustice (s 15(5), 15(6)). The Victorian Ombudsman does not investigate matters relating to the terms and conditions of employment of people employed by an authority unless they consider that the matter merits investigation to avoid some injustice (s 15(4)). The Victorian Ombudsman can also decide to not enquire into or investigate a complaint where: • the complainant made the complaint more than 12 months after becoming aware of the administrative action and fails to give a satisfactory explanation for the delay in making the complaint (s 15A(2)); • dealing with it is not necessary or justifiable in the following circumstances; it is trivial; it is frivolous, vexatious, or not made in good faith; or if the subject matter of the complaint has already been investigated or otherwise dealt with by another agency (s 15A(1)); or • the complaint is made by a person who is not affected by the administrative action that is the subject of the complaint, and is not a suitable representative for the aggrieved person (s 14(1)). Under section 14(1) of theOA (Vic), theOmbudsman can accept complaints made on behalf of another person when the complaint is made by: • a member of parliament acting on behalf of an aggrieved person; • a person who is considered suitable to represent the interests of an aggrieved person who has died or who is unable to act for themselves; or • any other person, where considering all the circumstances, the Victorian Ombudsman considers it proper to entertain the complaint. Making a complaint to the Victorian Ombudsman Complaints may be made over the telephone. However, under section 14(2) of the OA (Vic), the Victorian Ombudsman may require the complainant to provide a written statement in the form (if any) specified by the Victorian Ombudsman that: • confirms that the complainant wants the Victorian Ombudsman to consider the complaint; and • specifies the details of the complaint. Complaints can be lodged via an online complaint form or WebChat (available at www.ombudsman.vic. gov.au) . Where a complaint lacks details or is unclear, further relevant information or documentation may be sought. This is usually done via telephone. Letters to the Victorian Ombudsman written by people in custody or prison, in residential care, or in a mental health service must be immediately forwarded, unopened, to the Ombudsman by the person in charge of the institution (s 28 OA (Vic)). Information to include in a letter of complaint: • the complainant’s name and contact details, including telephone numbers; • a statement of the administrative action complained of (i.e. what the authority did or did not do); • the date the administrative action occurred; • brief background details; • any steps taken to raise the complaint with the relevant agency; and • any relevant evidence (e.g. a letter from the agency stating their decision about the complaint). When a complaint is received, it is assessed and the Victorian Ombudsman may conduct enquiries to determine if a matter should be investigated or if it can be resolved informally (s 13A(1)). The vast majority of complaints are handled informally after conducting enquiries.