The Victorian Ombudsman ('VO') helps people who’ve been treated unfairly by a Victorian government department, local council or public service. They’re independent from government and can step in when things feel wrong, like bad decisions, delays, or unfair treatment.
What types of complaints can you make?
You can complain to the Victorian Ombudsman about unfair treatment, bad service, or poor decision-making by Victorian government departments, local councils, and some other public organisations. You can also complain about some private groups that provide services on behalf of government.
Here are some of the common complaint types:
- Child Protection: If you're unhappy with how the Department of Families, Fairness and Housing (DFFH) or a care provider has handled a child protection issue, like:
- Unsafe or inappropriate placements.
- Trouble seeing family members.
- A case plan that doesn’t fit the child’s needs.
- Feeling excluded from important decisions.
- Poor communication from your caseworker.
- Issues with a complaint you made to DFFH.
Carers (like grandparents or kinship carers) can also complain if they feel unsupported.
- Local Councils: You can complain about your local council if you're not happy with:
- How they handled your earlier complaint.
- Poor service (like rubbish collection, parking fines, or road repairs).
- Unfair or unclear decisions.
- Bad communication.
- Failure to follow their own rules or policies.
You usually need to complain to the council first. If they don’t fix the issue, you can go to the VO.
- Fines: If you’ve asked the agency to review your fine and you’re still unhappy, the VO may be able to help. They look at problems like:
- A fine issued in error.
- Mistakes with payment plans.
- A fine sent to the wrong address.
- Harsh enforcement of a fine.
You must try internal review or appeal options first.
- Human Rights: You can complain if a public organisation has:
- Ignored or breached your human rights.
- Made a decision that unfairly limits your rights.
- Treated you unfairly because of who you are.
- Prisons: Prisoners (or people acting for them) can complain about things like:
- Lost or damaged property.
- Poor access to healthcare or visits.
- Harassment or assault.
- Being treated unfairly.
- Decisions made at disciplinary hearings.
Prisoners must usually try to raise issues with staff first.
- Public Housing: You can complain about:
- Maintenance or repairs not being done.
- Wrongful eviction.
- Unsafe living conditions.
- How your complaint was handled.
- Whether your rights were respected.The VO usually can’t change decisions about housing eligibility or rent discounts.
- Universities and TAFEs: You can complain if, after going through the provider’s complaints process, you still feel:
- You were treated unfairly.
- Your complaint wasn’t properly looked at.
- A bad decision wasn’t fixed.
- VicRoads: You can complain if you’ve had problems with:
- Driver licences or suspensions.
- Car registration errors.
- Missed discounts (e.g., concession rate).
- Delays in fixing payment or refund issues.
- WorkSafe and Workers’ Compensation: You can complain after conciliation if you're still unhappy with:
- How a claim was handled.
- A decision to stop your payments.
- Poor communication or unfair treatment.
- Victorian Government Departments & Organisations: You can complain if you’ve had trouble with a state department or agency, such as:
- Education.
- Justice and Community Safety.
- Families, Fairness and Housing.
- Fines Victoria, WorkSafe, or similar.
Issues might include delays, unfair decisions, or not following rules.
- State Trustees: You can complain if:
- Your money has been mismanaged.
- You were overcharged.
- You didn’t get a fair response to a complaint.
- Private Organisations Funded by Government: You can complain if:
- A community health or disability service treated you unfairly.
- A private group delivering a government service caused harm.
- Professional Boards: You can complain about unfair or unreasonable decisions by boards like:
- The Architects Registration Board.
- The Legal Services Board.
- Complaints About the VO Itself: You should make a complaint if you believe that the VO’s office has acted improperly, unreasonably, or breached procedural fairness in handling a matter.
- Reporting Serious Misconduct (Whistleblower Reports): You can make a confidential report if you suspect someone working for a public body has:
- Taken bribes.
- Misused public funds.
- Covered up serious health or safety risks.
- Bullied or punished people for speaking up.These are called “public interest disclosures.” You're protected by law for making these reports.
The VO cannot investigate:
- Victoria Police and its officers
- The Courts or VCAT
- IBAC (Independent Broad-based Anti-corruption Commission)
- The Victorian Inspectorate
- Royal Commissions
- Director of Public Prosecutions (DPP)
- Office of the Governor
Discretion:
The VO doesn’t take every complaint it receives. It decides whether to investigate based on factors like:
- Whether you're personally affected.
- Whether you’ve already tried to resolve it.
- How long ago it happened.
- Whether the matter is before a court or tribunal.
You will be informed of the outcome if the VO decides not to proceed with your complaint.
Time limits:
There’s no strict deadline for making a complaint to the VO, but you should try to do it as soon as possible. In some cases, they may accept complaints that are late if there’s a good reason. For example, if you didn’t know what happened, couldn’t complain earlier because of illness or trauma, or if the issue raises serious public interest concerns.
Who can you make a complaint against?
You can make a complaint to the Victorian Ombudsman about the actions and decisions of Victorian public organisations, or individuals working in those organisations. This includes both government departments and non-government entities delivering public services.
- Victorian government departments and authorities: Complaints can be made about public service departments and bodies like:
- Department of Health
- Department of Education
- Department of Transport
- Environment Protection Authority Victoria
- Local Government Victoria
- Victorian Equal Opportunity and Human Rights Commission
- Local councils: All Victorian councils fall within scope, including their staff, local laws, service delivery, complaint handling, and council decisions.
- Correctional services: Covers both public and private prisons and youth justice centres in Victoria. Also includes Community Correction Officers (e.g. parole, probation), Justice Health, and prison staff.
- Community service providers: Organisations funded, authorised, or licensed by the Department of Families, Fairness and Housing (DFFH) to deliver public services such as:
- Child protection
- Family support
- Specialist homelessness services
- Community inclusion programs
- Universities and TAFEs: Covers public Victorian universities and TAFEs. Complaints usually relate to administrative decisions or complaint-handling processes.
- Non-government organisations delivering public services: Includes private or not-for-profit bodies contracted by the Victorian Government to deliver services like health, housing, or disability care. These bodies are treated as public authorities under the Ombudsman Act.
- Statutory authorities and regulatory boards: Covers entities performing public regulatory or licensing roles, such as:
- Architects Registration Board of Victoria
- Victorian Legal Services Board and Commissioner
- Aboriginal service providers and delivery: Complaints can be made about public organisations and how they deliver services to Aboriginal and Torres Strait Islander people. This includes:
- Aboriginal Housing Victoria
- Aboriginal Land Councils
- Cultural safety concerns or lack of culturally appropriate services in justice, housing, or child protection
The Victorian Ombudsman cannot investigate complaints about:
- Victoria Police: Complaints about police behaviour should go to IBAC.
- IBAC itself: The Ombudsman cannot look into the actions of IBAC or its staff.
- Members of Parliament: The VO cannot investigate MPs in their parliamentary or electorate duties.
- Judges, magistrates, and court staff: Includes VCAT and other judicial officers when performing court-related functions.
- Federal (Commonwealth) government departments: Including Centrelink, Medicare, the ATO, Services Australia, and Home Affairs. These are handled by the Commonwealth Ombudsman.
- Private companies or individuals not delivering public services: Includes landlords, private employers, and standard commercial disputes.
- Private schools and universities
- Public bodies in other states or territories: E.g. NSW Education Department or Queensland local councils.
Are you eligible to make a complaint?
You can make a complaint to the Victorian Ombudsman if you’re affected by the actions or decisions of a Victorian public organisation.
Who can make a complaint?
Anyone can make a complain. There are no residency, citizenship, or age requirements. You do not need a lawyer to lodge a complaint, and there is no cost to use the VO.
Do you need to try anything first?
Yes. Before going to the VO, you should first try to resolve the issue directly with the organisation involved. The VO may ask if you’ve already done this, and might decline to investigate if you haven’t.
Can someone complain on your behalf?
Yes. Someone else can lodge a complaint for you, but the VO will usually contact you directly to confirm that you're happy for them to act on your behalf. That person will then be responsible for keeping you informed about the progress and outcome.
When might a complaint be declined?
Even if you're eligible, the VO may choose not to investigate your complaint if:
- The complaint is about something that happened a long time ago, without special circumstances
- You’re not directly affected by the issue
- The complaint hasn’t first been raised with the organisation involved
- The VO considers the complaint frivolous, made in bad faith, or lacking sufficient interest
- There is a more appropriate review process already available
Additional information:
- The VO is independent and free to access.
- You can seek legal advice at any time, but it’s not required to make a complaint.
- Under section 18L of the Ombudsman Act 1973 (Vic), it’s against the law for an employer to take negative action against you (e.g. firing or threatening you) for giving information to the Ombudsman.
What can this body do to help?
The Victorian Ombudsman does not make legally binding decisions. However, they have a range of powers to help resolve complaints and improve how public organisations operate. Remedies can be individual (like correcting an error) or systemic (like changing a policy).
- Early Resolution: The VO can quickly resolve straightforward complaints by contacting the organisation to fix an issue. This might lead to:
- An explanation or apology
- A form being reopened
- A repair being done
- A delay being corrected
- Conciliation: In some cases, the VO arranges a voluntary discussion between you and the organisation. A conciliator helps both sides explore solutions. If an agreement is reached, the case is closed. If not, the VO may investigate further.
Conciliation is:
- Confidential
- Usually quicker than a full investigation
- Best suited for cases where relationships matter (e.g. ongoing services)
You can bring a support person.
- Investigation and Recommendations: The VO may investigate serious or systemic complaints. This involves gathering evidence, speaking to witnesses, and reviewing documents. At the end, they may publish a report and make recommendations, including:
- Fixing the issue or explaining the decision
- Changing a decision or process
- Updating laws or policies
- Paying compensation (not enforceable, but often followed)
- Apologising to the affected person
- Practice or Policy Change: If your case highlights a broader issue, the VO may recommend that the agency changes its rules, procedures, or decision-making systems.
- Financial Compensation: In rare cases, the VO may recommend that an agency pays compensation for financial loss or disadvantage caused by poor administration (e.g. delay, mistake, or negligence). This is not legally enforceable, but agencies often comply.
- Apology: The VO may recommend a formal or informal apology where harm, unfairness or poor service is found.
- Public Reporting: Where there are systemic or serious issues, the VO may publish the outcome, either online or in a report to Parliament.
- Direct Referral: If your complaint is better handled by another agency (e.g. IBAC, VEOHRC, or another specialist body), the VO may refer it directly. If they do, they usually stop handling the complaint themselves, but may reconsider later if needed.
- Monitoring: For major issues, the VO may follow up with the agency to ensure its recommendations have been put into action.
How to prepare your complaint:
You can make a complaint to the Victorian Ombudsman (VO) online, by phone, email, post, or in person. For complex or non-urgent issues, it’s better to submit your complaint in writing so you can include relevant documents.
If needed, the VO can provide an interpreter or translator free of charge.
Here’s what to include in your complaint:
Your personal details:
You can lodge a complaint anonymously, but this may limit the VO’s ability to respond or investigate. If you’re willing to provide your details, include:
- First and last name
- Age range (11–17, 18–24, 25+)
- Contact number
- Email or postal address
(If you use the VO’s online form, these fields are required, but you may enter placeholder details if you wish to remain anonymous.)
Who you’re complaining about:
Include the name of the Victorian public organisation or community service provider you’re complaining about.
Key facts:
It helps to include:
- When and where the issue happened.
- Who was involved (including any witnesses).
- What happened, and how it impacted you (e.g. stress, delay, financial loss).
- What you’ve already tried (e.g. complaint to the organisation).
- What outcome you want (e.g. apology, review, action).
- Supporting documents (e.g. emails, letters, photos).
Other important info:
- Don’t include false or misleading information. This may be an offence.
- A copy of your complaint may be shared with the organisation involved.
- If you’re under 18, you’ll need permission from a parent or guardian.
- If your complaint is delayed, explain why — e.g. you only recently became aware of the issue.
Lodging your complaint and next steps:
You can submit your complaint to the VO in several ways:
- Online form: Submit here.
- Email: complaints@ombudsman.vic.gov.au.
- Post: Level 2, 570 Bourke Street, Melbourne VIC 3000.
- Phone: 1800 806 314 (Mon–Fri, 9am–5pm).
- In person: Same address as above (Mon–Fri, 9am–5pm).
What happens after you lodge your complaint:
- Acknowledgement: You’ll receive confirmation within 5 business days.
- Initial assessment: The VO will check if your complaint is within their scope. If not, you may be referred elsewhere.
- Resolution or investigation: If accepted, the VO may:
- Try to resolve it informally (e.g. by contacting the agency)
- Arrange conciliation
- Begin a formal investigation
- Outcome: You’ll be told the result. If you disagree, you can request an internal review within 60 days.
Conciliation:
Conciliation is a voluntary process where a VO conciliator helps both sides explore solutions. It’s confidential, respectful, and suitable where ongoing relationships matter. You can bring a support person. Lawyers aren’t required but you can seek advice if needed.
Reporting improper conduct:
If you suspect improper conduct (e.g. serious misconduct or corruption), you can report it to the VO. You're protected under the Public Interest Disclosures Act 2022. The VO may refer your report to IBAC, or another agency, and you’ll be kept informed. For confidential advice, call (03) 9613 6222.
Tips to support your complaint:
- Provide as much relevant information as you can upfront.
- Keep copies of everything you submit.
- Let the VO know if your situation changes (e.g. the issue gets resolved).
More information:
Refer to the factsheet provided below for more information.