Complaints
Complaints mechanisms | Tips for making complaints
Examples: the internal process | Examples: the external process
NSW Ombudsman | The Judicial Commission
Contacts for making a complaint | Chart 15 - Complaints process
Complaints mechanisms
Why use complaints mechanisms?
Women and children may not always get the help they need and deserve. It takes great strength to come forward and disclose domestic violence and it is important that everything is done to ensure that women and their children do not encounter systemic or individual service provider barriers. Using complaints mechanisms can significantly change outcomes for women and their children. In the short term, using complaints mechanisms can provide access to services and support previously denied. Workers who may have responded inappropriately are accountable through complaints mechanisms. In the long term, service delivery standards are improved so as to be responsive to the needs of women and children experiencing domestic violence.
Where to lodge complaints
Internal
Every Government department and agency and non-government services have internal complaints systems to receive, investigate and take action regarding complaints.
External
In addition, external bodies such as the NSW Ombudsman and the Judicial Commission have been set up to independently investigate and make determinations about complaints.
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Tips for making complaints
Some tips for those making complaints:
- Where possible, speak to the individual service provider about your complaint. If there is no successful resolution to the problem at this level, then approach the next level in the organisation.
- If there is still no satisfactory resolution, work through the identified complaints structure. See the examples below.
- Making complaints in writing is always more effective than over the telephone. This way your concerns are officially recorded and must be responded to. Make your concerns specific and provide as much detail as is necessary to substantiate the complaint.
- If you do make a complaint over the telephone, always record the name of the person you are speaking to and their position.
- Be clear about what action you think is required to solve the problem.
- Setting a realistic time frame for action may also facilitate a resolution to the problem.
- Keep records of any contact you have with the organisation you are dealing with and keep copies of any correspondence or documents sent to the organisation regarding the complaint.
- Be persistent and pursue the complaint. Insist upon changes that will benefit others who may approach that organisation for assistance.
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Support workers may need to assist some women in making complaints, ie, clarify what the issues are, what outcomes she seeks, the most appropriate avenue to complain.
For women of culturally and linguistically diverse backgrounds assistance may be needed with the writing of the complaint letter.
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Examples: the internal process
Where possible, speak to the individual service provider about your complaint. If there is no successful resolution to the problem at this level, then approach the next level in the organisation.
Example 1 - NSW Police
For example, if you wished to make a complaint about a police action/ non-action you would talk with:
- Individual Police Officer
- Domestic Violence Liaison Officer (DVLO)
- Duty Officer
- Local Area Commander
- NSW Ombudsman (as the relevant independent agency)
A Customer Assistance Unit has been established to help you with any concern, problem, question, complaint or compliment you may have regarding NSW Police services.
You can call toll-free on 1800 622 571.
Example 2: A Community Organisation
If you wished to make a complaint about a worker action/ non-action the exact steps would depend on the structure of the particular organisation, however, the steps could include talking with:
- Individual worker
- The worker Supervisor
- The Service Manger/Coordinator
- The Chairperson of the Board
- NSW Ombudsman (as the relevant independent agency).
Example 3: Department of Community Services
For example, if you wished to make a complaint about a DoCS action/ non-action you would talk with:
- Individual officer
- The team leader or Manager Casework
- DoCS Client Feedback and Assistance Unit . Call 1800 000 164 or 02 9716 2996
- NSW Ombudsman (as the relevant independent agency).
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Examples: the external process
If it is not possible to resolve the complaints about the organisation’s internal processes then it may be appropriate to lodge a complaint with relevant independent organisations.
Two relevant independent organisations are:
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NSW Ombudsman
NSW Ombudsman (re NSW Police)
Anyone who believes they have been unfairly treated by the NSW Police, or that a police officer has behaved inappropriately, you can complain to the NSW Ombudsman.
The NSW Ombudsman is independent of the NSW Police, handles complaints in an impartial way, and offers services to the public free of charge.
Types of complaints
The Ombudsman receives complaints about police that involve a variety of issues, such as:
- Abusive behaviour
- Use of threats or harassment
- Failure to take appropriate action in circumstances of domestic violence
- Excessive or unnecessary use of force
- Unlawful or unreasonable arrest
- Bias or mistreatment by police
- Use of unfair or improper interrogation
- Failure or delay in providing legal rights
- Inappropriate release of confidential information
- Criminal conduct by police
Making a complaint
You can take your complaint directly to us, the commander at your Local Area Command or the Commissioner of Police. Police at your Local Area Command should assist you to make your complaint.
If you need advice at any time, you can contact the Ombudsman. If the Ombudsman is unable to help you may be referred to someone who can. If you want the Ombudsman to become involved, your complaint must be in writing.
If you have difficulty writing a letter-due to language or a disability, the Ombudsman can also arrange for translations, interpreters and other services.
What happens to my complaint
Most complaints about police are handled by the NSW Police. The Ombudsman’s role is to independently oversee and review the way in which police deal with these complaints and to ensure that the police handle your complaint fairly and effectively.
If your complaint is referred to the NSW Police for action, they must:
- Make timely and effective enquiries
- Keep you informed of the progress of their enquiries, then advise you of the outcome
- Seek your views on whether you are satisfied with the way in which your concerns have been addressed.
Your complaint can be dealt with by the NSW Police in different ways. This can range from informal methods of resolution to a full investigation depending upon the nature and complexity of the conduct or problem identified. If at any stage you are concerned about the way in which your complaint is being handled, contact the Ombudsman.
The NSW Police can take action to address any misconduct identified by a complaint. This may range from taking steps to improve an officer's performance, commencing proceedings to remove an officer from the NSW Police or changing systems or procedures.
What the Ombudsman can do
Once the NSW Police has dealt with your complaint they send a report to the NSW Ombudsman who can suggest ways the NSW Police could improve their complaint handling. The Ombudsman can also ask the NSW Police to investigate the complaint further or to reconsider management actions.
If the NSW Ombudsman is dissatisfied with the way NSW Police have handled your complaint, the matter can be reported to the Police Minister and/or Parliament.
The NSW Ombudsman can also monitor the NSW Police investigations by having their staff present during interviews conducted by police investigators. In some cases, the NSW Ombudsman can choose to conduct their own direct investigation.
What you can expect
The NSW Ombudsman will give your complaint careful attention. If it is something the NSW Ombudsman can and should investigate, it will be done as quickly as possible. If the complaint is not investigated, the NSW Ombudsman will tell you why.
Contact details are the same for complaints against NSW Police and community service organisations in NSW and the Department of Community Services. | NSW Ombudsman (Community Services Division)
The NSW Ombudsman is an independent body that also handles oral and written complaints about the conduct of the following community service providers:
- Department of Community Services (DoCS)—child protection, out-of-home care, prevention and early intervention activities
- Department of Ageing, Disability and Home Care (DADHC) - all disability accommodation and support services, and Home Care Service activities
- Organisations that are funded, licensed or authorised by the Minister for Community Services, Ageing and Disability Services. Funded services include child care, family support, out-of-home care, home and community care (HACC), disability accommodation and support, and supported accommodation (SAAP) services. Licensed services include boarding houses, child care, and out-of-home care services.
Complaints are handled in an impartial way and the Ombudsman’s services to the public are free of charge.
What you can complain about?
You can complain if you believe that a service provider has acted unreasonably:
- in a way that they provide the services, or
- if it fails to provide a service, or
- by withdrawing a service, or
- by varying a service, or
- in the way it administers a community service.
Who can complain?
The Ombudsman can handle a complaint made by:
- someone on their own behalf
- any person who has a genuine concern in the subject matter of the complaint
- any person who is responsible for, or is a next friend of, the person who is the service receiver
- a Member of Parliament on behalf of a person.
Making a complaint
The Ombudsman will deal with each complaint objectively but with a strong emphasis on local resolution where possible. When talking to the Ombudsman’s office, you can expect the following process to occur:
- You should ask to speak with the complaints officer
- If you have not already done so, the complaints officer may encourage you to talk directly with the service provider about your complaint
- The Ombudsman can provide you with advice about how to do this and what to say. Often, the service provider will work with you to solve the problem without you having to lodge your complaint with the Ombudsman.
- If this is unsuccessful, the Ombudsman will then consider a number of options for dealing with your complaint.
- Your complaint will be assessed, and one or more of the most appropriate options (as discussed later) will be recommended
- Sometimes, before the Ombudsman decides what action to take about your compliant, the Office will ask the service provider to give information about your complaint.
Options the Ombudsman has to deal with your complaint
When handling community services complaints, the Ombudsman has various options. The Ombudsman can:
- refer a complaint to a service provider for local resolution and the service must report back to the Ombudsman about the outcome
- conciliate a complaint
- investigate a complaint, particularly if it raises serious questions about the current safety, care and/or treatment of a vulnerable service receiver, or issues of public interest or public safety
- refer a complaint to a service provider or other body for investigation. The Ombudsman can monitor such investigations by a service provider.
In all cases, the Ombudsman will tell the complainant, in writing, what has been decided in relation to a complaint and the reasons for the decision. Where complaints are not declined at the outset, the Ombudsman will usually notify the service provider of the complaint and how it is to be dealt with. |
Contact details
Level 24 580 George Street
Sydney NSW 2000
Inquiries 9 –4 Monday to Friday or at other times by appointment
General inquires:02 9286 1000
Toll free (outside Sydney metro):1800 451 524
Tel.typewriter (TTY):02 9264 8050
Facsimile:02 9283 2911
Email:nswombo@ombo.nsw.gov.au
Web:www.ombo.nsw.gov.au
Telephone Interpreter Service (TIS):131 450
An interpreter can be arranged through TIS or you can contact TIS yourself before speaking to the Ombudsman.
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The Judicial Commission
The Judicial Commission complaints function | Who is a judicial officer?
Type of complaints dealt with by the Commission
Who can make a complaint? | Making a complaint
Investigation of a complaint | Classification of a complaint
The Conduct Division | Outcome of a complaint | Annual report
The Judicial Commission complaints function
One of the responsibilities of the Commission under its legislative charter is to deal with complaints made against judicial officers. The Commission’s function is to investigate a complaint, not to discipline a judicial officer.
Who is a judicial officer?
A "judicial officer" under the Judicial Officers Act 1986 means a —
- Judge or Master of the Supreme Court
- Member (including a judicial member) of the Industrial Relations Commission
- Judge of the Land and Environment Court
- Judge of the District Court
- Judge of the Compensation Court
- Magistrate of the Local Court
- President of the Administrative Decisions Tribunal.
The definition of "judicial officer" does not include people such as Arbitrators, Registrars, Chamber Magistrates or legal representatives.
The Commission has no power to examine complaints against Federal judicial officers or a person who is no longer a judicial officer.
Type of complaints dealt with by the Commission
The Commission can only investigate complaints about matters that concern or may concern the ability or behaviour of a judicial officer. It does not deal with allegations of criminal conduct or corruption against judicial officers nor any matter which may be reviewed by a Court of appeal.
Who can make a complaint?
A complaint may be made by a member of the public or alternatively referred to the Commission by the Attorney General.
Making a complaint
The Judicial Officers Act requires that a complaint be in writing and that it identify the complainant and the judicial officer concerned. The Judicial Officers Regulation 2000 requires that particulars of a complaint be verified by statutory declaration and that the complaint be lodged with the Chief Executive to the Commission.
A standard form for lodging a complaint is available on request from the Commission and on the Commission’s website: www.judcom.nsw.gov.au
If a person cannot write, he or she may visit the Commission and help will be provided to put the complaint in writing. If translation assistance from another language to English is necessary, the Commission will make arrangements for a translation through the Translating and Interpreting Service.
Investigation of a complaint
On receiving a complaint in the appropriate form, the Commission is obliged to conduct a preliminary investigation into the matter. In every case, the judicial officer is advised of the fact that a complaint has been made to the Commission and is provided with a copy of the complaint documentation. | A thorough investigation is made of every complaint received, which often involves an examination of transcripts, sound recordings and other material relevant to the complaint.
Following the preliminary examination the Commission is required to do one of the following. It shall:
- Summarily dismiss the complaint
- Classify the complaint as minor, or
- Classify the complaint as serious.
A complaint may be dismissed summarily on one or more of a number of grounds under section 20 of the Act. This includes complaints that are frivolous, vexatious or trivial. It also includes complaints about matters that occurred at too remote a time to justify further consideration or where the complaint relates to the exercise of a judicial or other function that is or was subject to adequate appeal or review rights.
Classification of a complaint
If a complaint is not dismissed by the Commission following the preliminary examination it must be classified as either "minor" or "serious."
The criterion for classifying a complaint as "serious" is that the grounds of complaint, if substantiated, could justify parliamentary consideration of the removal of the judicial officer complained about from office. Any other undismissed complaint is defined by the Act as "minor."
Where the complaint is classified as minor it may be referred to the appropriate head of jurisdiction or to the Conduct Division. If the complaint is regarded as serious it must be referred to the Conduct Division.
The Conduct Division
The Conduct Division comprises a panel of three judicial officers, or two judicial officers and a retired judicial officer, who have the authority to undertake an investigation into a complaint against a judicial officer, and who may convene a hearing in connection with such an investigation.
The hearing of minor complaints is conducted privately whilst those relating to serious complaints are convened in public.
Outcome of a complaint
If a complaint is dismissed by the Commission following its preliminary examination both the complainant and judicial officer are advised in writing of this decision.
If the complaint is classified and referred to the Conduct Division for investigation it is statutorily obliged to prepare a report as to its findings. In relation to minor complaints the Conduct Division reports on the matter to the Judicial Commission. Where the complaint is classified as serious, the report, setting out the Division’s conclusions, is made to the Governor. In instances where a serious complaint has been wholly or partly substantiated and the Conduct Division is of the view that the matter may justify parliamentary consideration of the removal of the Judge or Magistrate from office, the Attorney General is required to lay the report before both Houses of Parliament.
Annual report
The Judicial Officers Act 1986 requires that certain information, including statistics about complaints, be reported to Parliament. This information appears in the Annual Report of the Judicial Commission of New South Wales. |
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Contacts for making a complaint
NSW Ombudsman | Police | Legal Staff
Court staff | Chamber Magistrates | Magistrates
Department of Community Services | NSW Department of Health
Department of Housing | Department of Family and Community Services(FACS)
Victims of Crime Bureau | Interpreters
NSW Ombudsman
NSW Ombudsman (Community Services Division)
Level 24 580 George Street Sydney NSW 2000
Inquiries 9-4 Monday to Friday
General Inquiries: 02 9286 1000
Toll Free (outside Sydney metro area) 1800 451 524
TIS: 13 14 50
Tel. Typewriter (TTY) 02 9264 8050
Facsimile: 02 9283 2911
Email: nswombo@ombo.nsw.gov.au
Web: www.ombo.nsw.gov.au
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Police
NSW Police Customer Assistance Unit
Freecall: 1800 622 571
Legal Staff
The Law Society of NSW (Solicitors)
(02) 9926 0333
170 Phillip St Sydney 2000
The NSW Bar Association (Barristers)
(02 9232 4055
174 Phillip St Sydney 2000
The Legal Services Commission (legal practitioners)
(02) 93771800
Freecall 1800 242 958
TTY 9377 1855
The Office of the Director of Public Prosecutions (ODPP)
(Service Relations Officer)
(02) 9285 8611
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Court staff
Community Relations Division
Attorney General’s Department
(02) 9228 7777
Freecall 1800 684 449
TTY 02 9228 7676
Chamber Magistrates
Community Relations Division
See Court staff
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Magistrates
The Chief Executive
Judicial Commission of NSW
(02) 9299 4421
Level 5
Thakral House
301 George St Sydney 2000
It is important to note that the Judicial Commission deals with complaints about the behaviour of Magistrates (eg inappropriate comments during a hearing). If a woman is dissatisfied with the actual decision made by a Magistrate regarding her AVO, the correct procedure is to appeal to the District Court of NSW. It is important that legal advice is obtained before lodging an appeal. | Department of Community Services
DoCS Client Feedback and Assistance Unit
(02) 9716 2996
Freecall 1800 000 164
NSW Ombudsman (Community Services Division)
See above
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NSW Department of Health
Health Care Complaints Commission
(02) 9219 7444
TTY 02 9219 7555
Level 4, 28-36 Foveaux St Surry Hills 2010
Department of Housing
Client Feedback Unit
Freecall 1800 652 059
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Department of Family and Community Services(FACS)
FACS
1300 653227
TTY (02) 8255 1012
The Commonwealth Ombudsman's Office
(02) 9218 3000
1300 362 072
Level 7, North Wing
477 Pitt St Sydney 2000
Victims of Crime Bureau
For complaints concerning implementation of the Charter of Victims Rights
Victims of Crime Support Line
(02) 9374 3000
Freecall: 1800 633 063
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Interpreters
Language Services, Community Relations Commission
Manager, Customer Service, Language Services.
1300 651 500
Health Care Interpreting Service
Coordinator/Manager of the particular HCIS used.
Serious complaints may be directed to the appropriate Area Health Board or the Health Care Complaints Commission.
(02) 9219 7444
1800 043 159
Locked Bag 18
Strawberry Hills NSW 2012
Translating and Interpreting Service (TIS)
Complaints about the on-site interpreting service should be directed to the Booking Supervisor
Concerns about the telephone interpreting service should be sent Call Centre Supervisor
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