Many complaints can be resolved by contacting the agency about the problem.

Before looking into your complaint, we need to know how you tried to resolve it with the agency and how the agency responded. This will usually include making a formal complaint with the agency.

We recommend that you:

• contact the agency by phone, email or letter about your complaint
• allow them time to respond, usually 2 to 3 weeks
• make note of what you did and when, and keep copies of your communication.

Contact details for South Australian government departments and authorities can be found on the South Australia Government website and contact details for Councils can be found on the Local Government Association of South Australia website.

Read more below about complaint management pathways for some agencies.

We will need the following information to assess your complaint:

• the name of the agency (e.g. government department, statutory authority, council) your complaint is about
• a clear outline of your complaint including what you think the agency has done wrong
• the steps you have taken to sort out the complaint with the agency
• details of the agency’s acts or errors that you are concerned about including dates (if relevant) and reasonable supporting evidence
• other key dates
• any documents to support your complaint, such as:
  • emails or letters you have sent the agency
  • any responses you have received from the agency
  • evidence supporting the alleged error
• what you are seeking.

When approaching Ombudsman SA, it is expected that you treat staff with respect and courtesy and adhere to the following standards:

• speak or write politely and with courtesy
• not make threats
• not use abusive language
• not act aggressively or in a threatening manner
• provide all reasonable and relevant information about your complaint (including details of the administrative act/s you are complaining about and reasonable supporting evidence)
• limit contact to reasonable and required communications
• tell us if you have used generative AI to assist with your complaint
• tell us if you consider there is good reason why information about the complaint and outcome should not be disclosed to the relevant agency
• tell us about any reasonable adjustments you need to help access our services.

Ombudsman SA has the right to decide how to deal with a complaint. This includes:

• making decisions on whether the issue/s will be investigated
• who will conduct the investigation
• the time and resources that will be allocated to the complaint
• any assistance the complainant needs to provide
• how the complaint will be resolved.

Ombudsman SA staff are expected to:

• treat all complainants fairly and with respect
• demonstrate impartiality
• act professionally
• show respect for all complainants
• keep the complainant informed of the progress of their complaint
• deal with the complainant using the powers that have been delegated to them by the Ombudsman and in accord with Ombudsman SA policy.

State Government agencies, councils and other authorities have different ways of hearing complaints from their customers. Generally, before looking into your complaint, we need to know how you tried to resolve it with the agency and how the agency responded. This usually includes making a formal complaint with the agency.

State Government agencies are expected to have a formal complaints process in line with Premier and Cabinet Circular 039 (PC039) – Complaint Management in the South Australian Public Sector. Under the Local Government Act (1999), councils must have policies and procedures for dealing with complaints.

To find the best way to make a complaint to an agency or council, look on their website for a Complaints Unit or feedback form. Details of how to make a complaint to some agencies and councils can be found below:

• South Australian Housing Trust
• Department for Education
• Department for Child Protection
• Department for Correctional Services
• Department for Human Services
• City of Adelaide
• City of Onkaparinga
• City of Charles Sturt
• City of Port Adelaide Enfield
• Port Augusta Council

Generative artificial intelligence (AI) tools (such as ChatGPT, Microsoft Copilot or Google Gemini) are becoming widely used in the community. We recognise that these tools can assist you in preparing your complaint, but it is important you understand the process and the risks.

What is generative AI?

Generative AI tools use your prompts to generate content. The output generated is a probable response based on learned patterns; it might not be the most correct or accurate answer for your circumstances.

Generative AI tools cannot:

• understand the facts of your individual situation
• reliably understand the broader South Australian social, cultural and legal context
• be relied on to consistently provide information that is relevant, accurate, complete, current and unbiased.

Tips for making a complaint

To assess your complaint, we need clear and concise information. There is no need to write a long or complicated letter or provide a lot of documentation or references to legal cases. We are looking for:

• a straight-forward description of the action or decision you are complaining about and why you think they were wrong
• when these issues arose or events occurred
• which South Australian agency was responsible for the action
• what is your direct interest in the matter
• any steps you have already taken to try and address the matter directly with the agency.

If we can’t determine this essential information, we may ask you to state your complaint more clearly and simply. This may include asking you to provide a concise summary in two pages or less. Our online complaint form can help you to prepare your complaint. It will guide you, step-by-step, through the complaint making process.

If you use AI to help prepare your complaint, please let us know in your submission. If AI was used to refer to legislation or case law, please check the sources yourself before including them in your complaint.

Risks when using generative AI tools

Generative AI tools can be helpful but there are risks to consider.

Mistakes

AI tools can sometimes create information that is not true (e.g. policies or legal cases that do not exist). This is sometimes called an AI hallucination. If you use AI tools, you are still responsible for making sure the information in your complaint is correct, clear and relevant.

Confidentiality

Some AI tools store what you type into them, meaning personal or confidential information could be reused by others or become public. It’s important to note that information you receive from Ombudsman SA about your complaint is confidential and should not be shared with a public AI tool.

The South Australian Supreme Court has published guidelines for self-represented litigants which contain more information about these risks. You may find these useful even though your complaint is not a Court process.

Summary

If you choose to use generative AI tools when preparing your complaint, please consider the following:

• Keep it simple. Be clear and concise about the decision or action you are unhappy with. How does it affect you?  What outcome are you seeking?
• Be careful not to put private details or other confidential information into public AI tools.
• Always double-check the results to make sure the information is true, accurate and relevant to South Australia.