The Queensland Ombudsman can assist you with a complaint about your local Council or a Government Department

By Sarah Dennis

Has your local Council made a decision that you feel is unfair? Maybe you have been unfairly treated by a Government Department?

The Queensland Ombudsman is an independent complaints investigation agency that may be able to help you. It acts as an independent authority to ensure that public agencies, such as State Government Departments and Bodies, and Local Councils act fairly towards Queenslanders.

What sort of complaints does the Ombudsman investigate?
If you believe that a public agency has made an unfair or incorrect decision, the Ombudsman has the power to investigate. The types of complaints it hears include actions and decisions of public agencies and their staff that are unlawful, unreasonable, unfair, improperly discriminatory or otherwise wrong.

For example, the Ombudsman may investigate cases where:

• You have been unsuccessful in a request for tender with your local Council, and believe the Council did not follow its due process;
• There has been a failure of a Government Department (e.g.Queensland Health) to act on a
  complaint made by a member of the public;
• There has been a failure of Child Safety Services to investigate a child protection matter you have raised with the department;
• You believe you have been unfairly charged by a Council or Government Department;
• There has been an allocation of Crown Land and Water Resources;
• Your land has been resumed by the Government;
• The Education Department has made a decision you do not agree with;
• The local Council has made a decision regarding land use,building or licensing.

How do I make a complaint?
You can make a complaint either online or in writing to the Ombudsman. You will be required to provide the Ombudsman with copies of any relevant documents so that they can investigate the matter. For example, if your complaint relates to the Council’s tendering process, you should provide the Ombudsman with copies of all the tendering documents, and any correspondence between yourself and the Council. In your complaint, you should give the Ombudsman details of all the relevant facts relating to your matter. You should also explain why you believe the decision was wrong or unfair. Tell the Ombudsman the outcome you are seeking. Do you want an apology, a different decision, or a change to the way the Council does things?

What will the Ombudsman do?
Once the Ombudsman investigates your complaint, if it feels that the agency has made a mistake or treated you unfairly, it will recommend that the agency correct its mistake or take some other action. If the Ombudsman chooses not to investigate your complaint, it will provide you with written reasons.

The Ombudsman will also assist State Agencies and local Councils improve their administrative practice by conducting training on good decision-making and complaints management where appropriate.

Although the recommendations made by the Ombudsman are not binding on the Agency involved, it should be noted that public agencies implement the Ombudsman’s recommendations in almost every case.
For this reason the Queensland Ombudsman is a very effective way of rectifying the effect of unfair or incorrect decisions, and is an avenue you should consider next time you are dissatisfied with the behaviour of a Council or Government Department. For more information, please see http://www.ombudsman.qld.gov.au