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The information contained in this fact sheet is current as at 15 November 2006.

Topic 8 - Government Accountability

8.2 Ombudsman

8.2.1. NSW Ombudsman

The NSW Ombudsman is an independent and impartial watchdog. Its role is to ensure that NSW government agencies fulfill their functions properly and improve their delivery of services to the public.

The Ombudsman's office is independent of the government of the day and accountable to the public through the NSW Parliament.

Every member of the public has the right to complain to the Ombudsman, which handles complaints that fall within the following areas:

• public sector agencies
• local government
• the police
• community services
• workplace child protection
• correctional centres
• freedom of information
• protected disclosures.

The Ombudsman has the power to investigate conduct that is:

• illegal
• unreasonable
• unjust or oppressive
• improperly discriminatory
• based on improper or irrelevant grounds
• based on a mistake of law or fact
• otherwise wrong.

If you feel that you have experienced or observed a NSW government agency doing something like this, you can complain to the Ombudsman by calling 1800 451 524 or you can make a complaint online by accessing the website www.ombo.nsw.gov.au

8.2.2 Commonwealth Ombudsman

The Commonwealth Ombudsman operates similarly to the NSW Ombudsman, but with respect to the Australian Government. It has the power to investigate the administrative actions and decisions of Australian Government agencies to see if they are wrong, unjust, unlawful or discriminatory. The Ombudsman also seeks remedies for those affected by administrative deficiencies, and acts to improve public administration.

The Ombudsman is independent and impartial, and works to improve public administration generally. The Ombudsman service is free .

The Ombudsman has strong investigatory powers. If required, officers working in government agencies must produce documents, and answer questions under oath during Ombudsman investigations. The types of complaints that can be investigated include problems with Centrelink and Veterans' Affairs benefits, child support payments and immigration decisions.

The Commonwealth Ombudsman cannot investigate complaints about:

• politics
• private individuals or companies
• decisions of courts or tribunals
• employment disputes (except in the Australian Defence Force)
• actions of State or local governments
• actions of government ministers and
• actions of some government business enterprises.

To make a complaint to the Commonwealth Ombudsman call 1300 362 072 or visit the website www.comb.gov.au

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