Did you know that in almost 25% of complaints made to the NSW Ombudsman, it appears that the agency the complaint is about has not had a reasonable opportunity to address the issues raised?

Complainants whose cases we directly referred were generally satisfied they got a response from the agency and a clearer understanding of the issues they complained about. Satisfaction with the agency also improved after we directly referred a complaint. Feedback received from people whose complaints we referred

Direct referral

What is a direct referral?

A direct referral is when the NSW Ombudsman refers your complaint to the agency to deal with in line with its internal complaints processes. This includes responding directly to you as the complainant.

Why did you direct refer my complaint?

While we know you might like us to investigate your complaint, it is not always possible nor necessary to investigate every complaint. The NSW Ombudsman’s policy is that an agency should have a reasonable opportunity to deal with a complaint and we obtained your consent to refer it. The agency is often better placed to respond to the issues you raise and our referral can help to achieve this.

If we did not refer your complaint, we would be advising you that you first needed to complain to the agency before coming to us. By directly referring your complaint, your matter can be resolved faster.

Who will handle my complaint?

The agency’s complaint handling team.

What did you send to the agency?

A copy of your complaint to us, including any attachments. The agency must adhere to relevant privacy laws and any confidentiality obligations that apply.

What will the Ombudsman do with my complaint now?

We will not take any further action unless you contact us again.

We have kept a copy of your complaint and noted that we referred it to the agency to respond directly to you.

How long will it take to receive a response from the agency?

When we wrote to you about the direct referral, we included the agency’s timeframes for acknowledging and responding to complaints. Usually, you should receive an acknowledgment within five business days and a final response within four weeks from the date we referred your complaint to the agency.

Some complex complaints may take longer. If this is the case, the agency should let you know. The agency’s website and/or complaint handling policy has more information.

What if I do not receive a response from the agency?

We gave you the agency contact details in case you needed to follow up. If you do not receive a response after following up with the agency, call our Assessment Unit to discuss what you should do next.

What if I am not happy with the agency’s response?

Call our Assessment Unit to discuss the agency’s reply and your concerns. Our staff may be able to explain something about the reply or help identify if there is clear evidence the agency has acted unreasonably or unlawfully. Our staff can discuss with you the next steps, including if you need to submit a further complaint to the Ombudsman.

If you write to us again, you should clearly explain what has happened since we referred your complaint and provide us with a copy of any new and relevant information or documents, such as the agency’s response to you. This information will help us assess your complaint. We will then decide if we need to contact the agency.

Contact us for more information

Level 24,
580 George Street
Sydney NSW 2000
Toll free (outside Sydney metro) 1800 451 524
Email info@ombo.nsw.gov.au

National Relay Service 133 677
Telephone Interpreter Service (TIS): 131 450
We can arrange an interpreter through TIS or you can contact TIS yourself before speaking to us.

© State of New South Wales, November 2019
This publication is released under a Creative Commons license CC BY 4.0.