Investigating Complaints
When the Ombudsman receives a complaint, normally the first step is to clarify the complaint with you and to then convey the complaint to the agency, inviting the agency to respond.
If the matter is complex, this will be done in writing to the Principal Officer of the agency but otherwise telephone contact will be made with an appropriate person in the agency. As far as possible the Ombudsman will attempt to establish the facts of what has happened and then to assess the fairness of the agency's action.
If the Ombudsman is initially satisfied with the agency’s response or if it is necessary to clarify information, the complainant will be contacted and invited to respond to the information received from the agency. The Ombudsman (or an officer from Ombudsman SA) may also attend the agency to examine documents and agency records in detail.
The Ombudsman may also consider it necessary to interview relevant witnesses to the matter. These may include staff of the agency or other independent persons. Once all relevant information is obtained, the Ombudsman will form a view of the agency’s actions.
The form of the investigation and the manner in which it is conducted is at the discretion of the Ombudsman and will vary according to the circumstances of the case. When he has arrived at a conclusion, both you and the agency will be informed of his decision.
If the Ombudsman believes that the agency has acted unfairly or contrary to law, the Ombudsman will attempt to negotiate a resolution so you receive a reasonable remedy which may involve alteration or review of the decision, changes to administrative practices, an apology or the making of an ex gratia payment.
Alternatively, if the Ombudsman believes that the agency has acted fairly he will express this view to you and explain his reasoning.
If the Ombudsman considers that the agency has acted unfairly and the agency will not negotiate a suitable resolution, the Ombudsman is able to report the matter to the Chief Executive of the agency, the Minister, the Parliament and the Premier with recommendations for remedial action. In practical terms, however, it is rarely necessary for this type of action to occur as on most occasions the agency will reach some compromise to resolve the problem.
