Service delivery complaints and internal review policy
1. Policy statement
The Office of the Queensland Ombudsman is committed to managing complaints about its functions in an accountable, transparent, timely and fair manner. The Office recognises that effective complaints management is good business practice and integral to good client service.
The Office takes seriously all complaints about its functions by:
- taking a complainant-focused approach to how the Office deals with complaints
- actively encouraging feedback
- using information about complaints to improve the delivery of the Office’s functions
- offering a robust process for the internal review of decisions or actions concerning the assessment and/or investigation of a complaint to the Office made about agencies
- protecting a complainant’s privacy, confidentiality and security of information they provide.
The objectives of this policy are to ensure:
- fair, accountable, transparent and responsive management of complaints about the Ombudsman’s functions
- identification and correction of errors or omissions
- effective monitoring of complaints; and
- identification and implementation of business improvement opportunities.
2. Principles
The complaint management principles underlying this policy reflect the Australian Standards - Guidelines for complaints management in organizations (AS 10002:2022), the Public Sector Act 2022 (s.264) and Human Rights Act 2019 (Human Rights Act).
The Human Rights Act requires all government agencies in Queensland to act compatibly with human rights and to consider human rights before making a decision.
The Office's complaints management system will be:
Visibility and access
We will:
- provide information on our website about how to make a complaint about us, or how to request an internal review of our decision, and how we manage complaints and internal reviews
- adjust our processes for managing complaints about us and internal reviews, as required, to be accessible to the community
- accept anonymous complaints, although this may limit how we can respond to the complaint.
Responsiveness
We will:
- promptly acknowledge and respond to complaints about us
- endeavour to complete internal reviews as soon as possible
- update individuals on the progress of their complaint and internal review when needed
- outline timeframes for responding to complaints about us and internal review requests in the service delivery complaints procedure and the internal review requests procedure.
Transparent
We will:
- manage complaints about us in line with our policies and procedures
- handle complaints fairly and objectively, and in accordance with the Human Rights Act
- promptly notify an individual if their complaint falls outside the scope of this policy, and tell them how we will handle their complaint (see section 3.3 of this policy)
- refer individuals to an appropriate agency if we cannot deal with their complaint, or refer on their behalf with their consent if appropriate
- clearly explain the reasons for any decisions we make in response to an internal review request or complaint about us.
Fair
We will:
- treat all complainants with fairness and respect
- consider all complaints about us and internal review requests on their merits
- allocate appropriate resources to manage complaints about us and internal review requests
- ensure the officer conducting the internal review had no substantial involvement in the initial decision
- ensure complainants do not suffer any reprisals or detriments (e.g. poor future service) for making a complaint
- offer appropriate remedies if we find we did something wrong.
Accountable
We will:
- communicate the outcome of complaints about us and internal review requests at the earliest opportunity
- refer individuals to available review options if they are dissatisfied with our service delivery or decisions
- promptly give feedback to employees on improvements that arise from complaints about us and internal review requests
- record information about complaints in line with our QPP privacy policy.
3. Application/Scope
This policy and associated procedures apply to all permanent and temporary employees of the Office as well as contractors, employment agency staff, sub-contractors, complainants, work experience students and volunteers (who are defined as workers in the Work Health and Safety Act 2011) while working in the workplace.
This policy applies to complaints about any of this Office’s functions, including service delivery complaints and internal review requests, subject to the exclusions set out below.
The Office's website has further information about making a complaint about the Office.
3.1 Service delivery complaints
Service delivery complaints are about any aspect of service or a product provided by the Office or the conduct of an officer.
3.2 Internal review requests
Internal review requests are about the outcome of an assessment or an investigation undertaken by this Office.
3.3 Exclusions
Complaints excluded from the scope of this policy:
| Type of complaint |
Procedure for managing complaint |
| Actions or decisions of agencies within the jurisdiction of the Office (i.e. the Ombudsman's statutory functions) |
Usual Office processes for managing complaints under the Ombudsman Act 2001, including the Policy and procedure for deciding complaints under the Ombudsman Act 2001. |
| Complaints that may amount to public interest disclosures under the Public Interest Disclosure Act 2010 |
Public Interest Disclosure Act 2010, in conjunction with the Ombudsman Act 2001
Public Interest Disclosure Procedure 2021
Public Interest Disclosure Standard No. 2/2019 - Assessing, Investigating and Dealing with Public Interest Disclosures
Operational Instruction 12 - Public Interest Disclosures
|
| Complaints where there is a reasonable suspicion of corrupt conduct under the Crime and Corruption Act 2001 |
Referral to the Crime and Corruption Commission in accordance with the Crime and Corruption Act 2001 |
| Internal staff complaints about an area of the Office or a particular officer |
Managing Employee Complaints Policy and Procedure
|
| Privacy complaints |
QPP privacy policy
Data and privacy breach policy
Privacy complaint procedure |
4. Complaints management framework
The Complaints management framework provides an overview of our complaints management system.
All internal review requests for decisions made under the Ombudsman Act will be handled in accordance with the Internal review requests procedure and a review undertaken by an authorised review officer where a valid review request is received.
All service delivery complaints will be handled in accordance with the Service delivery complaints procedure.
5. Reporting and monitoring effectiveness
Information concerning service delivery complaints and internal review requests is reported in the annual report.
Complaint trends and systemic issues will be provided to the Senior Management Team on a quarterly basis to align and used to inform the continuous improvement process within the Office.
The effectiveness of this policy and the associated procedures will be evaluated every two years.
6. Procedures
Related procedures to be read in conjunction with this policy are:
7. Roles and responsibilities
7.1 Deputy Ombudsman
- Review service delivery complaints as appropriate
- Conduct internal review requests or allocate to an authorised review officer
- Provide quaterly report to Senior Management Team
- Conduct annual review of the Office’s compliance with the policy and associated procedures
- Identify and allocate resources needed for effective and efficient complaint management
- Report to staff about issues of concern identified through complaints
- Review policy and procedures at least every two years
7.2 Senior officers
- Manage and respond to service delivery complaints as appropriate and in accordance with the Service delivery complaints procedure
- Conduct internal review requests as requested and in accordance with the Internal review requests procedure
- Ensure records are kept in the relevant recordkeeping system
- Ensure staff are aware of the Service delivery complaints procedure and Internal review requests procedure
- Report complaints to the Deputy Ombudsman, when required by the Service delivery complaints procedure
7.3 Employees
- Identify and respond to complainant’s support and communication needs and preferences
- Receive and handle complaints about service delivery or internal review requests as per procedures
- Ensure records are kept in the relevant recordkeeping system
7.4 Senior Advisor (Governance)
- Maintain service delivery register
7.5 Senior Human Resources Officer
- Ensure this policy and related procedures are included in induction process
8. Authority
9. Definitions
| authorised review officer |
The employee nominated by the Deputy Ombudsman to conduct an internal review in accordance with the Internal review requests procedure. |
| internal review request |
An expression of dissatisfaction about a decision made or action taken by the Ombudsman in relation to the assessment or investigation of a complaint about an agency. |
| serious service delivery complaint |
A service delivery complaint which is significant/complex with medium or high level of risk/detriment to the complainant or the Office. Examples include complaints about significant delays, a challenge to the conduct or competency of the officer, or serious communication difficulties. |
| service delivery complaint |
An expression of dissatisfaction about any aspect of this Office’s services or the conduct of employees. |
| straightforward service delivery complaint |
A service delivery complaint which is likely to have minimal risk or detriment to the complainant or the Office. Examples include complaints about incorrectly addressed correspondence, minor delays or minor communication difficulties. |
10. Related documents/policy/procedure/legislation