Internal review requests procedure

1.    When to read this procedure

This procedure is part of the Office’s Complaints management system (CMS), which includes the Service delivery complaint and internal review policy and the Service delivery complaints procedure.

The purpose of this procedure is to provide guidance to complainants making an internal review request.

2.    What happens if you disagree with our decision?        

We are committed to making correct decisions and helping you understand how and why we make  decisions. If you believe the original decision we made was wrong, this Office may help you by:

1. Providing an additional response from the original decision-maker
   You can ask the original decision-maker questions about the decision or the reasons. If you are unhappy with their additional response, you can request an internal review of their decision by following the requirements in sections 4 to 7 of this procedure.
2. Consideration of new information
   If you obtain new information after this Office’s decision which may change the decision, you can provide it to the original decision-maker for consideration.

The original decision-maker will consider the new information and decide whether it alters their decision or if further investigation is needed. If the new information does not change their decision, you can then seek an internal review.

3.    What is an internal review?

An internal review is an impartial review of a decision about a complaint by an officer who was not the original decision-maker.

An internal review is only available on a closed case.

• identified and addressed all the relevant issues including potential breaches of the Human Rights Act 2019
• sought and considered appropriate evidence
• complied with requirements in legislation and our internal policies and procedures
• made the correct decision based on the evidence they had at the time
• adequately explained the original decision
• fulfilled their obligations under the Human Rights Act.

An internal review is not a re-investigation of a complaint about an agency. It is a review of whether this Office made the correct decision.

4.    What do I need to include in my review request?

You must tell us why you think this Office’s decision about your complaint was wrong. Your internal review request should clearly identify grounds for review. This means providing us with a concise summary of why you believe this Office’s decision was incorrect, unreasonable or wrong, or why our assessment/investigation was inadequate.  You should refer to any documents or other evidence to support your review request.  Please be aware that the focus of an internal review is this Office’s decision, not the decision of the agency you originally complained about.

• details about how we can contact you in writing (e.g. email or post)
• your telephone number, if you would like us to call you to discuss your review 
• previous case reference number, if known
• any information you have not already provided which is relevant to the internal review.

Please contact us if you have questions about what information you should provide. 

5.    What happens if you do not make a valid review request?

A review request is not valid if you do not identify grounds for review of this Office’s decision. If you do not make a valid review request, we may decline your request.

If we decline your review request our decision is final and is not reviewable.

6.    How long do I have to request a review?

You must make your internal review request no later than 28 days after the original decision. 

If the original decision maker wants to provide further information to you after they make their decision, they will contact you as soon as possible. If after this you still want us to conduct an internal review, you need to confirm your internal review request within 28 days of the original decision. 

If you request an internal review more than 28 days after the original decision, you must tell us what prevented you from making the request within 28 days. We will refuse to consider your review request unless you can clearly show there were exceptional circumstances which contributed to the delay. Examples of exceptional circumstances include significant ill-health, incarceration, flood or other natural disaster. If we decide not to accept your internal review request outside the 28 days, our decision is final and is not reviewable.

7.    How to lodge a review request?

Internal review requests must be made in writing via:

• email to ombudsman@ombudsman.qld.gov.au with Internal Review Request in the subject
• mail to Office of the Queensland Ombudsman, GPO Box 3314, Brisbane, Qld 4001.

We understand some people who contact us may have trouble meeting the above requirements due to disability or other personal circumstances. If you tell us it will be difficult for you to meet the above requirements, the original decision maker or their manager will communicate this to the Deputy Ombudsman. The Deputy Ombudsman will then consider whether it is appropriate to make reasonable adjustments to our processes.

You may advise us if you require interpretation or translation services or access to the National Relay Service and teletypewriter services.  If you require some assistance to make your internal review request, you should call (07) 3005 7000 and speak to an officer about your concerns.

8.    Who conducts an internal review?

An internal review will be conducted by a reviewer who was not involved in making the decision on your original complaint.

The internal reviewer will be of equal or greater seniority to the original decision-maker.

The Deputy Ombudsman is responsible for how reviews are allocated.

9.    How is the review conducted?

Valid review requests will be acknowledged in writing within 7 days of their referral to a reviewer.

We conduct reviews in the order in which they are received. This means that your review case will be placed in a queue until it can be allocated to a reviewer. 

If you have exceptional circumstances and think your review should be prioritised, the Deputy Ombudsman will consider this. Exceptional circumstances may include illness, disability, vulnerability such as homelessness or risk of homelessness, or other processes such as another right of appeal which require a timely outcome from this Office.

We endeavour to complete reviews within three months of the acknowledgement of your review request. However, this timeframe depends on the number and complexity of reviews in the queue before yours. We will tell you if your review will take longer than three months.

The review will be guided by the ground(s) for review you have raised. All the information you originally provided with your complaint will be considered, along with your internal review request.

The reviewer will also consider internal case records on your original complaint file. The reviewer will inform you in writing of their decision. This will include reasons for the decision.

Unless exceptional circumstances exist, a decision about a complaint will be reviewed only once.

10.      What outcome can I expect?

• no further investigation will occur because the original decision was correct 
• the original decision is set aside because it was wrong and is replaced with a different decision, without further investigation
• the original investigation is reopened because further information or action is needed 
• additional information or reasons are given to you about the decision 
• a policy, procedure or practice is amended
• a change or addition to our records
• a response to a service delivery complaint 
• an apology or some other remedy.

11.   What happens if I don't want an internal review anymore?

You may change your mind and decide you do not want to continue with your request for an internal review or you no longer need a review decision (for example because you have received another response from the agency you complained about). If this happens, you can ask to withdraw your request for an internal review by sending us an email or letter. 

12.   How are service delivery complaints dealt with?

If you include a service delivery complaint with your internal review request, we may be able to consider both matters together.

For more information about making a service delivery complaint, please see our Service delivery complaints procedure. 

13.    Reporting

Internal review requests will be reported in the Office's annual report and review data will be published annually in accordance with the requirements of s 264 of the Public Sector Act 2022 and s 97 of the Human Rights Act.

14.    Definitions

15.    Related documents

Complaints management framework
Service delivery complaints and internal review policy
Service delivery complaints procedure