Our statutory functions

We receive complaints over the phone, in person or in writing including via our online complaint form. Any person can complain to us about: 

• the conduct of a ‘public authority’: any action or inaction, or alleged action or inaction, relating to a matter of administration (unless it is excluded conduct) — Ombudsman Act 
• the conduct of ‘service providers’ with respect to the provision, failure to provide, withdrawal, variation or administration of a community service — Community Services (Complaints, Reviews and Monitoring) Act 1993 (CS CRAMA). 

We can also receive and deal with Public Interest Disclosures (PIDs) about serious wrongdoing in the public sector. Such a disclosure could be both a PID (under the PID Act) and a complaint (under the Ombudsman Act). 

We can generally deal with complaints about the conduct of: 

• NSW state government departments
• local health districts, health specialty networks and hospitals 
• public schools, TAFE NSW and other statutory education bodies 
• other NSW government entities in our jurisdiction, which include: 
  • NSW Government agencies such as Fire and Rescue NSW and Office of Sport 
  • statutory bodies such as NSW Trustee and Guardian, Rental Bond Board, Health Care Complaints Commission, NSW Land and Housing Corporation, Service NSW, the Art Gallery of NSW and other NSW cultural agencies 
  • state-owned corporations such as Sydney Water, WaterNSW, Essential Energy and Landcom 
  • public universities established under NSW legislation. 
• local government 
• custodial services 
• community service providers.

Investigations 

We may formally investigate a complaint. However, we can only do this if it appears to us that the agency or service provider has acted in a way that was objectively unreasonable or manifestly wrong. Generally only complaints that identify potentially serious or systemic maladministration are investigated.

Review of agencies’ complaint-handling systems 

We can review the systems public authorities or community services have in place to handle complaints. This enables us to proactively assist agencies to improve their own complaint-handling systems.

We have an express legislative function to monitor and assess Aboriginal programs under Part 3B of the Ombudsman Act 1974. In August 2024 NSW Parliament amended the definition of ‘Aboriginal programs’ in the Ombudsman Act. In addition to monitoring OCHRE (Opportunity, Choice, Healing, Responsibility, Empowerment), the Ombudsman may now also monitor and assess any Government programs primarily directed to the health, or cultural, economic, educational or other wellbeing, of Aboriginal persons or communities.

OCHRE commits the NSW Government to working with, and in support of, Aboriginal communities by building strong working partnerships which have at their heart respect for local Aboriginal culture, leadership and decision-making.  

Our office monitors and assesses OCHRE by engaging with key stakeholders, visiting communities and attending community forums. We then provide feedback to OCHRE agencies and partners to enable them to address any issues raised early on, adopt good practices and achieve the plan’s goals.  

We engage with Aboriginal communities and prepare reports and submissions on issues raised. This involves: 

• scrutinising the government's Aboriginal programs and how they are delivered 
• making recommendations to improve government programs and service delivery 
• publishing our findings in special reports to Parliament and our Annual Report. 

This is an important part of the accountability framework for OCHRE and an Australian first as NSW was the first to establish a dedicated Ombudsman oversight function for Aboriginal programs, and the first to provide for the appointment of an Aboriginal Deputy Ombudsman.  

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The Ombudsman oversights the PID Act. Our functions include: 

• to promote public awareness and understanding of the PID Act and to promote its objectives 
• to provide information, advice, assistance and training to public authorities, investigating authorities and public officials on any matters relevant to the PID Act 
• to issue guidelines and other publications to assist public authorities, investigating authorities and public officials 
• to monitor and provide reports to Parliament on the exercise of functions under the PID Act and compliance with the PID Act by public authorities 
• to audit and provide reports to Parliament on the exercise of functions under the PID Act and compliance with the PID Act by public authorities 
• to provide reports and recommendations about proposals for legislative and administrative changes to further the objectives of the PID Act. 

The Ombudsman also chairs and provides secretariat support to the PID Steering Committee which provides advice on the operation of the PID system and on possible legislative reforms. 

We monitor and report on the operation and administration of the Mandatory Disease Testing Act 2021 (MDT Act). The Act provides for the mandatory blood testing of a person. This can occur when the person’s bodily fluid comes into contact with a health, emergency or public sector worker: 

• as the result of the person’s deliberate action, and 
• the worker may be at risk of contracting a blood-borne virus. 

Agencies must notify us after determining a mandatory testing order application. The Chief Health Officer must also notify us following determination of a review. 

Under the Community Services (Complaints, Reviews and Monitoring) Act 1993 (CS CRAMA), we monitor the delivery of community services. This includes community services that are provided by the non-government sector with funding or authorisation from the NSW Government. 

Our functions include: 

• to review, on application or on the Ombudsman’s initiative, the situation of a child or a group of children in care
• to monitor and review the delivery of community services, inquire into matters affecting service providers and receivers and make recommendations for improvements in the delivery of community services 

Under Part 6 of CS CRAMA, we review deaths of children who were in care or detention, and children who died as a result of abuse or neglect, or whose death occurred in circumstances suspicious of abuse or neglect. 

Under Part 5A of CS CRAMA we also convene and support the NSW Child Death Review Team (CDRT), which examines and maintains a register of all deaths of children in NSW and undertakes research to prevent or reduce the risk of child deaths in the future. 

Find out more information about the Child Death Review Team (CDRT).

Under the Children (Detention Centres) Regulation 2015, Youth Justice is required to notify us if a young person in detention is segregated for more than 24 hours. We are also notified if a young person is separated for more than 24 hours (for example, because of medical advice, as occurred during the COVID-19 pandemic). These notifications allow us to examine the circumstances of the segregation or separation and to make inquiries if appropriate. 

We are required to make various annual and other periodic reports to Parliament. These include:

• our Office's annual report
• an annual report on our work oversighting the PID Act
• a report every 3 years on our work monitoring the operation of the MDT Act
• an annual report on our work convening the CDRT
• a report every 2 years that analyses the deaths of children in NSW

Under section 31 of the Ombudsman Act, we can also make special reports to Parliament at any time on any matter arising in connection with the discharge of any of the Ombudsman's functions. This includes special reports following an investigation.