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Can an Ombudsman refuse to investigate a complaint?

Before you make a complaint to an Ombudsman, you should try to resolve it with the government agency concerned.  Many agencies have a complaints process.  If this is not the case, you should write to the head or Chief Executive of the agency and make your complaint.  An Ombudsman may decide not to investigate your complaint under the Ombudsmen Act unless you have attempted to do this.

Also, an Ombudsman may refuse to investigate your complaint if:

  • an adequate administrative or legal remedy was reasonably available to you;
  • your complaint is more than 12 months old;
  • your complaint is trivial, vexatious or not made in good faith; or
  • you do not have a sufficient personal interest in the complaint.

If an Ombudsman refuses to investigate your complaint, you will be told why.

If you are unsure whether an Ombudsman can investigate your complaint, please contact us to discuss your complaint with one of our investigating staff.