On This Page
The Ombudsman's complaint handling process
Providers always have a chance to resolve the person's complaint before we investigate.
There are four main stages of our process:
- Complaint Stage 1: the person has not been to their provider, so we give them the provider's contact details.
- Complaint Stage 2: the person has been to the provider. We send the complaint to a senior contact at the provider for resolution within 10 business days.
- Facilitated Resolution: the person's complaint is not resolved to their satisfaction within 10 business days and they come back to the Ombudsman. We work with the provider for a final chance to offer a resolution before we investigate.
- Investigation: we ask the provider for documentation to help us determine the complaint, such as bills, account and meter records, customer interactions, and an explanation for the provider's position. We speak to the complainant to get more information as required. Providers have no more than 28 business days to provide all of the information requested.
When we investigate:
- We explore options for resolution.
- If unresolved, we will do further investigation. We can request any records held by a provider. We will not disclose confidential records to the customer or third parties.
- We are fair and impartial. We hear the story from both sides and give both sides a reasonable time to respond.
- In coming to a view, we must have regard to the law and licences, industry codes, deemed contracts and good industry practice applicable to the provider.
Resolutions
Remedies for the person are intended to put the person in the position they would have been in if the error had not occurred, or give other relief if that is not possible.
Improvements to a provider's administration can help ensure the same problems don’t happen again. This improves a provider’s customer services for everyone.
Finding a resolution can help avoid us becoming involved, or prevent complaint having to escalate to higher stages of investigation.
Examples of remedies for complainants and improvements to administration include:
| Remedies examples | Administrative improvement examples |
|---|---|
| Explanation – sometimes the person just needs to better understand an agency’s decision or process | Change policy or procedure – sometimes policy or procedure is unclear, doesn’t meet legislative requirements, or has unintended consequences. |
| Apology and acknowledgement – when something went wrong or someone is adversely affected, acknowledge the error and apologise. An apology is not an admission of liability. | Staff training – sometimes policy or procedure is not being followed or customer service needs improving, and this can require staff training or individual counselling. |
| Expedited decision – looking at a matter more quickly might be appropriate in some cases. | Change or correction to a business system – if a system error or system capability caused the problem, provide a solution to avoid it recurring. |
| Reconsider a decision – perhaps the process was flawed or new information has come to light. The agency could get the decision maker to re-do the decision making process. This doesn’t necessarily mean a different outcome, although a different outcome could be the result. | Conduct an audit/review or get professional or legal advice – if more investigation is needed, engage experts to look at the issue in more detail. |
| Financial remedy – refund of an overpayment or correcting an incorrect bill should be processed without delay once identified. In some cases, providing compensation, waiving a charge, or making a ‘good will’ payment may be appropriate. | Improve recordkeeping – a decision without good records can be harder to justify. Good records avoid “they said, they said” situations. |
| Repair, replace or rectify – for example if property is damaged or lost, it could be replaced by the agency. | Update to publications/websites – sometimes public information can be improved to avoid ambiguity or provide more detail. |
Binding decisions
At the end of an investigation, if a complaint is not resolved and we agree that a resolution is required, we can make a decision or direction that is binding on the provider. Binding decisions and directions are provided in the Charter.