First contact the particular government department or statutory authority (a body given powers under legislation to perform a public function) to discuss your complaint. Try to deal with the person responsible for making decisions about the issue that concerns you, or there may be a complaints officer or department that can help you to resolve the problem. If you are not satisfied with the response from the department or authority, or they do not respond within a reasonable time, one of the following offices may be able to help. The Victorian or Commonwealth Ombudsman can also help you work out where to lodge your complaint.
Ombudsman VictoriaLevel 9, North Tower
459 Collins Street
Melbourne Vic 3000
Ph: 03 9613 6222; 1800 806 314 (regional toll free)
Web:
www.ombudsman.vic.gov.au
Ombudsman Victoria provides a free, impartial and independent service to all Victorians who have a complaint about the administrative action taken by a Victorian government department, public statutory authority or local council. Ombudsman Victoria promotes fair and reasonable public administration and enhances accountability in the Victorian public sector.
Commonwealth OmbudsmanLevel 10, 2 Lonsdale Street
Melbourne Vic 3000
Ph: 1300 362 072 (complaints line - local call charge)
Web:
www.ombudsman.gov.au
The Commonwealth Ombudsman has a role and power similar to the Victorian Ombudsman, but it deals only with federal government departments and statutory authorities (such as the Federal Police, Tax Office and the defence forces). It can investigate complaints about agencies responsible for services such as pension and child support payments, immigration matters, freedom of information and postal services. The Ombudsman can also investigate services delivered by most private contractors for the government, such as the Job Network and Welfare to Work.
Complaints can be made in person, online, by telephone or in writing. After investigation the Ombudsman must tell the complainant what its recommendations are, and give reasons. If the Ombudsman finds the complaint is justified, recommendations can include a change to the decision, an apology and sometimes compensation for loss. The Ombudsman cannot force an agency to do what they recommend; however, they can make a special report to the relevant minister, the Prime Minister and Parliament, or they may release a public report.
Privacy Commissioner (Vic)Level 11, 10-16 Queen Street
Melbourne Vic 3000
Ph: 8619 8719 or 1300 666 444
Web:
www.privacy.vic.gov.au
If your personal information is held by a Victorian state or local government agency, you can complain to the Victorian Privacy Commissioner about an act or practice of that agency that may interfere with your privacy. The Privacy Commissioner will try to conciliate complaints where possible, or may refer them to the Victorian Ombudsman (see above) or the Health Services Commissioner (see Health, below) as appropriate. For a serious breach of privacy, the Privacy Commissioner may issue a compliance notice to the agency. If conciliation is not possible, complaints may be heard by the Victorian Civil and Administrative Tribunal (VCAT), which may order that information be corrected, and/or that compensation be paid.
Privacy Commissioner (Commonwealth)Level 8, 133 Castlereagh Street
Sydney NSW 2000
Ph: 1300 363 992 (local call charge)
Web:
www.privacy.gov.au
The Federal Privacy Commissioner handles complaints about privacy involving Commonwealth or ACT government agencies, and those relating to consumer credit reporting, tax file numbers and old convictions. It also deals with complaints about improper handling of private information by private businesses, but you need to complain to the business first, and give it 30 days to respond. No application form is needed but complaints should be made in writing and sent to the Privacy Commissioner at GPO Box 5218, Sydney NSW 2001. If you want someone else to make the complaint for you, you must give them signed authority to do this.
Victorian Civil and Administrative Tribunal (VCAT)General List
7th Floor, 55 King Street
Melbourne Vic 3000
Ph: 9628 9755
Web:
www.vcat.vic.gov.au
The General List of VCAT hears appeals against many decisions by Victorian government departments and associated bodies, for example dealing with compensation for victims of crime, decisions by the Transport Accident Commission and charges by the Metropolitan Fire Brigade when called to a false alarm,. Contact the government body you are in dispute with to see whether VCAT can review that body's decisions. VCAT also deals with requests under freedom of information laws for access to information held by government departments. Application forms for review of decisions are available from VCAT.
Administrative Appeals Tribunal (Commonwealth) (AAT)Level 16, HWT Tower, Southgate
40 City Road
Southbank Vic 3006
Ph: 9282 8444; 1300 366 700 (country callers only)
Web:
www.aat.gov.au
The AAT can review some decisions made by federal government bodies; you will need to find out from the department concerned whether you can appeal to the AAT about a decision. Application forms are available from the AAT office or website. Depending on your financial situation and the type of appeal a fee may be charged, but may be refunded if you win the case. Current Health Care Card holders do not have to pay a fee to lodge their applications. Those without a Health Care Card can also apply to have the fee waived by filling in a fee waiver application form (available online). Applications are assessed on a case-by-case basis.
Generally you will need to lodge your application for review within 28 days of being notified of the decision. Longer time limits may apply in some cases. It may be helpful to get legal advice when preparing your application.
Australian Taxation Office (ATO)Tax Office Complaints
Locked Bag 40
Dandenong Vic 3175
Ph: 13 28 70; TTY 1800 806 215. Fax: 1800 060 063
Web:
www.ato.gov.au
If you believe that your legal rights or the service standards you should expect when dealing with the Tax Office (as set out in the Taxpayers' Charter - copies available via the website or by telephoning 1300 720 092) have not been met, you should first tell the tax officer you have been dealing with. If they cannot resolve your complaint, talk to their manager. If that still does not sort out the problem, you should ring the Tax Office Complaints Team (ph: 13 28 70), visit the office or send a written complaint by post or fax giving details of your complaint.
Complaints that remain unresolved can be taken to the Commonwealth Ombudsman (see details above).