Ombudsmen services of various types are referenced in many topics on the Community for consumers to get resolution to ranges of issues. This topic is to discuss what they are and are not. It is ‘inspired’ by beliefs all or most are services provided as or directly by government, which is not the case.
For clarity those mentioned in the other topic (@grahroll’s quoted text) were not .gov.au and do not resolve to gov.au web sites.
The two I linked, EWON and EWOV as examples are not government agencies, just government mandated industry ‘services’ (for want of a better descriptor term).
To wit: ‘The Energy & Water Ombudsman NSW (EWON) is the government approved dispute resolution scheme for New South Wales electricity and gas customers, and some water customers.’
As for EWOV, ‘We’re an independent service that investigates and resolves complaints. We deal with complaints in Victoria’s electricity, gas and water sector, covering most companies.’
I would be surprised if any of the ombudsmen services were government agencies, save one mentioned at the end here. Others that are not government include:
AFCA (Financial complaints) that identifies itself as not a government department or agency, and we are not a regulator of the financial services industry. We are a not-for-profit company, limited by guarantee that is governed by a Board of Directors, which includes equal numbers of industry and consumer representatives. AFCA’s Chief Ombudsman is responsible for the management of the organisation.
TIO (phone and internet complaints) is a not-for-profit company, limited by guarantee and governed by a Board of Directors. The Board consists of equal numbers of industry, consumer and independent Directors, with a requirement that one of the independent Directors be appointed as Chair. The organisation is managed by an independent Ombudsman in accordance with the Company Constitution and Terms of Reference.
Most operate under government mandates, some closer and tighter than others, but operate at arms length from government day to day.
One ombudsman that does not reflect that model is the Commonwealth Ombudsman that is a government agency essentially about issues with government and its agencies.
Members are invited to add links and information about other ombudsmen services to this topic.
Kkk
Those appointed directly by government will have a legislated role and responsibilities.
Queensland option include: Office of the Health Ombudsman which is the independent health complaints management system and single point of entry for complaints relating to both registered and unregistered health practitioners, and also public, private and not-for-profit health service organisations.
And State Ombudsman appointed Under the Ombudsman Act 2001, we have the power to investigate the decisions and actions of Queensland state government departments and agencies (including state schools and TAFE), local councils, and public universities.
Which notes:
for example, we can investigate complaints about:
a decision to refuse you a service or subsidy
the way your application has been handled
a decision to exclude you from a program or service
how fees or charges have been levied in your circumstances
the conduct of an officer towards you
how a policy or procedure has been applied in your circumstances.
One way to tell how any ombudsman fits into the system, ie whether one is dealing with a government agency or not, is whether their website is a gov.au. Whether formally a government agency or not, each has supporting legislation, as has been posted. Whether it matters might be the level of direct versus indirect accountability.
Most of the more well known ombudsman services are independent companies with their own frameworks and operational norms that prefer mediation to resolve problems rather than stepping in as adjudicators even when so empowered. They resemble body corporate/owner corporations in many ways.
This about the TIO.
Legislation requires all telecoms to be part of the TIO, but ‘the TIO constitution’ section 8 allows a member to cease membership. In the latter case if the company remains in the telco business the TIO can only refer it to ACMA for failing to be a member. When or while a company is not a member the TIO is unable to take complaints against them and the consumer has no recourse other than directly dealing with the company’s own complaints process. It appears ‘membership policing’ of non-compliant companies that were never members may rely primarily on consumer complaints for identification?
The TIO Terms of Reference reinforce The Ombudsman and Ombudsman’s staff are independent of government, industry and consumer groups ostensibly to assure neutrality and objectivity.
Section 3 of the Terms of Reference describe how the TIO handles complaints. There are numerous related policies and procedures linked into the Terms of Reference document.
It is worthwhile for consumers to wade through those documents and those of other ombudsman services they need to use to understand what they do and how they operate.
The New South Wales Ombudsman is also a government-funded scheme, with responsibility and jurisdiction to resolve citizen complaints against state government organisations (https://www.ombo.nsw.gov.au/).
When i had an issue relating to the energy provider sales person who came to my front door thinking he could walk inside quite abruptly. I rung the ombudsman who was very good at assisting me. I was impressed how, attentive they were. I was told sales people are not allowed to enter property in any way. The, women told me the contractor was removed.
In South Australia there is the State Ombudsman. They deal with State Government departments and agencies including Corrections, Child Protection and Housing SA (Public Housing), Public Trustee and the Health and Community Services Complaints Commissioner. they also deal with Local Councils and their elected members, misconduct and maladministration by public officers and the Return to Work Corp and self-insured agencies Ombudsman SA | Ombudsman SA
The Inspector General of Taxation and Taxation Ombudsman (IGTO) deal with complaints to do with the ATO and the Tax Practioners Board. Complaints about IGTO’s service or conduct are handled by the Commonwealth Ombudsman (only their service not the outcome of their investigation findings) Lodge a dispute - IGTO
