Ombudsmen in Australia are independent agencies who assist when a dispute arises between individuals and industry bodies or government agencies. Government
ombudsman
An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
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
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
has an ombudsman assigned for each
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
; as well as an ombudsman for the
Commonwealth of Australia
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
. As laws differ between states just one process, or policy, cannot be used across the Commonwealth. All government bodies are within the jurisdiction of the ombudsman.
The Commonwealth Ombudsman is also the Defence Force Ombudsman, Immigration Ombudsman, Postal Industry Ombudsman, Law Enforcement Ombudsman, VET Student Loans Ombudsman, Overseas Students Ombudsman and the Private Health Insurance Ombudsman. Many industries, such as aged care, banking, energy and water, telecommunications, etc., also have ombudsmen or similar bodies that assist with dispute resolution.
Commonwealth Ombudsman
The Commonwealth Ombudsman in Australia was established in 1977. The Ombudsman can investigate complaints from people who believe they have been treated unfairly or unreasonably by an Australian Government department / agency or prescribed private sector organisation, including Australia Post, Centrelink, Child Support and the Department of Immigration and Border Protection.
The Commonwealth Ombudsman is also the Defence Force Ombudsman, Immigration Ombudsman, Postal Industry Ombudsman, Law Enforcement Ombudsman, VET Student Loans Ombudsman, Overseas Students Ombudsman and the Private Health Insurance Ombudsman. Through an arrangement with the
Government of the Australian Capital Territory
The Government of the Australian Capital Territory, also referred to as the Australian Capital Territory Government or ACT Government, is the executive authority of the Australian Capital Territory, one of the territories of Australia. The lead ...
(ACT), the Commonwealth Ombudsman is also the ACT Ombudsman. The Office of the Commonwealth Ombudsman (the Office) also delivers an International Program, funded by the
Department of Foreign Affairs and Trade
The Department of Foreign Affairs and Trade (DFAT) is the department of the Australian federal government responsible for foreign policy and relations, international aid (using the branding Australian Aid), consular services and trade and inv ...
, to improve the governance and accountability in the Asia-Pacific region, and supports and monitors the administration by other agencies of the Public Interest Disclosure (PID) scheme established under the ''Public Interest Disclosure Act 2013''. In addition, the Ombudsman has a number of statutory oversight functions in relation to law enforcement agencies' 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 Commonwealth Ombudsman is Michael Manthorpe.
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 seven different Ombudsmen. Michael Barnes is the current Ombudsman and was appointed in December 2017.
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 Wayne Lines.
Ombudsman of Victoria
The Victorian Ombudsman investigates complaints from the public about local councils and State Government departments and agencies. It provides services that are 'free, fair and independent'.
Deborah Glass is the current Victorian Ombudsman.
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 since March 2007 is
Chris Field. He is also the President of the International Ombudsman Institute since May 2021.
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 Queensland Ombudsman is Anthony Reilly, who was appointed to the role in July 2020.
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 from March 2012 is Leon Atkinson-MacEwen.
Industry and organisational 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 claimed to be impartial in their decision-making. That is, they are said to not take sides—they are often required to act neither as an industry nor a consumer advocate.
Like government run ombudsman services, the services of external/alternative dispute resolution (
ADR ADR or adr may refer to:
Computing
* Asynchronous DRAM refresh, an approach for persistent memory found in some Intel Xeon processors
* The adr microformat, part of the hCard microformat
* Architectural decision record
* Action–domain–respond ...
) are sometimes 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 number 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
The Australian Securities and Investments Commission (ASIC) is an independent commission of the Australian Government tasked as the national corporate regulator. ASIC's role is to regulate company and financial services and enforce laws to pro ...
(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
Each Australian state has established Energy and Water Ombudsman schemes, which work to resolve disputes between the consumers of electricity, gas and water services and the providers of those services.
*
Energy and Water Ombudsman (New South Wales) (EWON)
* Energy and Water Ombudsman (Victoria) (EWOV)
* Energy and Water Ombudsman (SA) (EWOSA)
* Energy Ombudsman of Tasmania
Energy and Water Ombudsman Queensland(EWOQ): a free, fair and independent dispute resolution scheme for residential and small business consumers in Queensland who have a complaint about their electricity, gas or water provider. Established in 2007 as the Energy Ombudsman Queensland, the scheme was expanded to include water complaints for South East Queensland consumers in 2011. Jane Pires was appointed Queensland's Energy and Water Ombudsman in 2016.
* Energy and Water Ombudsman Western Australia (EWOWA)
* ACT Civil and Administrative Tribunal
Financial industry
Australian Financial Complaints Authority
The
Australian Financial Complaints Authority
The Australian Financial Complaints Authority or AFCA is an external dispute resolution (EDR) scheme for consumers who are unable to resolve complaints with member financial services organisations. It is operated as a not-for-profit company limite ...
(AFCA) is the external dispute resolution (EDR) scheme for all complaints regarding the financial services industry, approved by the
Australian Securities and Investments Commission
The Australian Securities and Investments Commission (ASIC) is an independent commission of the Australian Government tasked as the national corporate regulator. ASIC's role is to regulate company and financial services and enforce laws to pro ...
(ASIC).
AFCA helps individuals and small businesses to resolve complaints about financial products and services and assists with complaints including credit, finance & loans, insurance, banking deposits & payments, investments & financial advice and superannuation.
David Locke was appointed Chief Ombudsman of AFCA in November 2018 when AFCA commenced operation and replaced the Financial Ombudsman Service (FOS), the Credit and Investments Ombudsman (CIO) and the Superannuation Complaints Tribunal (SCT).
Other industries
*
Private Health Insurance Ombudsman The Private Health Insurance Ombudsman was an Australian Government agency which acted independently of the government in investigating complaints involving private health insurance and reporting. The role and functions of the office are contained ...
* Produce and Grocery Industry Ombudsman
*
Public Transport Ombudsman: The PTO is a not for profit, independent dispute resolution body, providing a free, fair, informal and accessible service for the resolution of complaints about public transport in Victoria.
* Tolling Customer Ombudsman
*
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.
*
Oxfam
Oxfam is a British-founded confederation of 21 independent charitable organizations focusing on the alleviation of global poverty, founded in 1942 and led by Oxfam International.
History
Founded at 17 Broad Street, Oxford, as the Oxford Co ...
Australia operated a transnational Mining Ombudsman service (2000–2009) dealing with complaints against Australian mining companies.
Other complaint-handling and review agencies
In some cases, it may be more appropriate for complaints to be investigated by the
Information Commissioner (formerly the
Privacy Commissioner) who investigates complaints about breaches of privacy; the
Australian Human Rights Commission
The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but opera ...
(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
The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Gover ...
(AAT)
*
Migration Review Tribunal
The Migration Review Tribunal was an Australian administrative law tribunal established in 1989.
Along with the Refugee Review Tribunal, the Migration Review Tribunal was amalgamated to a division of the Administrative Appeals Tribunal on 1 Jul ...
(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
The Refugee Review Tribunal was an Australian administrative law tribunal established in 1993. Along with the Migration Review Tribunal, the Refugee Review Tribunal was amalgamated to a division of the Administrative Appeals Tribunal on 1 July 201 ...
(RRT)
*
Social Security Appeals Tribunal
The Social Security Appeals Tribunal (SSAT) was an Australian quasi-judicial tribunal established in 1975 and made a division of the Administrative Appeals Tribunal
The Administrative Appeals Tribunal (AAT) is an Australian tribunal that cond ...
(SSAT)
*
Veterans' Review Board
The Veterans' Review Board (VRB) is a statutory body within the Australian Government's Veterans' Affairs
Veterans' affairs is an area of public policy concerned with relations between a government and its communities of military veterans. Som ...
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, currently Vivienne Thom.
*
Australian Secret Intelligence Service
Australian(s) may refer to:
Australia
* Australia, a country
* Australians, citizens of the Commonwealth of Australia
** European Australians
** Anglo-Celtic Australians, Australians descended principally from British colonists
** Aboriginal Aus ...
(ASIS)
*
Australian Security Intelligence Organisation
The Australian Security Intelligence Organisation (ASIO ) is Australia's national security agency responsible for the protection of the country and its citizens from espionage, sabotage, acts of foreign interference, politically motivated vio ...
(ASIO)
*
Australian Signals Directorate
Australian Signals Directorate (ASD), formerly the Defence Signals Directorate (DSD) is the federal statutory agency in the Australian Government responsible for foreign signals intelligence, support to military operations, cyber warfare, and ...
(ASD)
*
Defence Intelligence Organisation
The Defence Intelligence Organisation (DIO) is an Australian government military intelligence agency responsible for strategic intelligence and technical intelligence assessments, advising defence and government decision-making on national sec ...
(DIO)
*
Office of National Assessments
The Office of National Assessments (ONA) was an Australian statutory intelligence agency established by the ''Office of National Assessments Act 1977'' as an independent statutory body directly accountable to the Prime Minister of Australia as ...
(ONA)
Employment
Australian Small Business and Family Enterprise Ombudsman Kate Carnell
Anne Katherine Carnell (née Knowlman; born 30 May 1955) is an Australian businesswoman and former Liberal Party politician, who served as the third Chief Minister of the Australian Capital Territory (ACT) from 1995 to 2000.
Early life and p ...
AO is the inaugural Ombudsman and an independent advocate for small business owners.
*
Fair Work Ombudsman
The Fair Work Ombudsman (FWO) (or formally, the Office of the Fair Work Ombudsman), is an independent statutory agency of the Government of Australia that serves as the central point of contact for free advice and information on the Australian ...
* Office of the Employee Ombudsman, South Australia
Associations
* Australian and New Zealand Ombudsman Association (ANZOA)
Ombudsman Association website
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References
{{Commonwealth Ombudsmen
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
Australian law government bodies
Lists of Australian people by occupation