What you need before you make a complaint and different ways to make it
Find out what happens to your complaint once we receive it
Others who may be able to help with your complaint
Anyone – including individuals, groups and organisations - may make a complaint to us about a South Australian state or local government agency’s acts (including misconduct and maladministration).
For public officers and public authorities who wish to report misconduct or maladministration, please go to: Make a report.
There is no charge to make a complaint.
What can I complain about?
We deal with complaints about administrative acts, misconduct and maladministration. For example, your complaint might be about:
- a decision-making process
- a failure to act or delay in taking action
- an unreasonable or unfair decision or requirement
- the conduct of staff or delivery of a service
- the irregular and unauthorised use of public money or substantial mismanagement of public resources.
We don’t investigate every complaint we receive. Even where the Ombudsman has power to investigate a complaint, the complaint will be assessed against our criteria for investigation, to decide whether investigation is necessary or justifiable.
We can look into complaints about:
State government agencies
Including government departments (eg. Department for Correctional Services, Department for Child Protection) and state authorities (eg. Housing SA, Public Trustee, Health and Community Services Complaints Commissioner)
Local Government
Local councils and their elected members
Misconduct and maladministration by public officers
Return to Work
Breaches of the service standards and other administrative acts of Return to Work corporation and self-insured agencies
We don't handle complaints about:
Commonwealth government agencies
Including agencies such as Centrelink, Child Support Agency, Australian Tax Office
Consumer matters involving private businesses
Police
Misconduct by South Australia Police officer/s
Independent Commission Against Corruption
Office for Public Integrity
Health and community service providers
Legal practitioners and the judiciary
Housing
A private rental property or tenancy (ie directly through a land lord or real estate agency)
Utilities
Including electricity, gas, telephone, internet
Banking, insurance, superannuation
Media
Education and training
Catholic schools, non-government/independent schools, adult community education
What we cannot do
- give legal advice
- act for any of the parties
- award compensation
- force an agency to comply with our recommendations; however, if the agency does not comply, we can report it to the Premier and the South Australian Parliament.
Other limitations
It is not our role to resolve workplace disputes. Generally, we expect agencies to deal with workplace conduct issues. Where an agency has taken reasonable steps to deal with workplace conduct, we are not likely to investigate that conduct. Other complaint handling authorities may be able to assist you to resolve a workplace dispute.
We cannot investigate when a person making a complaint has a right of appeal or review under legislation, or a legal remedy, reasonably available to them.
Generally, we do not investigate complaints about expiation notices. The expiation and enforcement processes have in-built review mechanisms, including electing to be prosecuted. We expect people to use these options unless that would be unreasonable.
We do not generally investigate complaints about Development Act authorisations. The Ombudsman has no power to change an authority’s decision in relation to a development authorisation.
We also don't generally investigate acts which took place some time ago, given that:
- it may be hard to get reliable information
- it may be unfair to parties involved
- there may not be a meaningful outcome.
