Ombudsman and review in Australia: when to complain and through which channel
Australia has a number of independent mechanisms through which people — including non-citizens — can complain about or seek a review of government decisions. Understanding the difference between these mechanisms will help you choose the right path and save time.
What is the Ombudsman?
The Ombudsman is an independent body whose job is to investigate and resolve complaints from the public about government agencies. The Ombudsman is not a court and has no power to make binding orders — instead, the Ombudsman investigates, reaches conclusions and makes recommendations, and most government agencies usually respect these recommendations.
The Ombudsman is free and is somewhere the public can access without a lawyer.
Commonwealth Ombudsman vs. state Ombudsman
There are two levels of Ombudsman in Australia:
The Commonwealth Ombudsman handles complaints relating to federal agencies, including:
- Centrelink and Services Australia
- Australian Taxation Office (ATO)
- Department of Home Affairs (visas, immigration)
- Australia Post
- Other federal agencies
State and territory Ombudsmen handle complaints relating to services run by the states:
- State police
- State public hospitals
- Local government authorities
- Other state services
Each state and territory has its own Ombudsman (NSW Ombudsman, Victorian Ombudsman, and so on).
When should you contact the Ombudsman?
The Ombudsman is a last step, not a first step. Before you contact the Ombudsman, you must already have:
- Contacted the agency directly to raise the issue
- Tried that agency’s internal complaints process
- Still not had it resolved satisfactorily
Situations where contacting the Ombudsman is appropriate:
- The agency is taking far too long to process a case without good reason
- The agency is not responding to your contact
- The agency has given incorrect or contradictory information
- Treatment that is unfair or inconsistent
- The agency is not following its own procedures
Note: The Ombudsman usually does not review the substance of a decision (for example, whether a visa is valid or not) — it reviews how the agency handled the matter. To have the substance of a decision reviewed, you need a different mechanism (see below).
What is the Administrative Review Tribunal?
The Administrative Review Tribunal (ART) is an independent review body that replaced the AAT (Administrative Appeals Tribunal) from late 2024. The ART has the power to review the substance of administrative decisions made by the federal government — that is, it can decide whether the original decision was correct, and can replace it with a different decision.
The ART handles many kinds of decisions, including:
- Decisions about visas and immigration
- Decisions about social welfare (Centrelink)
- Some decisions relating to tax
- And many other areas
The process of applying to the ART can be complex, has strict time limits, and in many cases is best done with the support of an experienced lawyer or migration agent.
Quick comparison: Ombudsman vs. ART
| Criterion | Ombudsman | ART |
|---|---|---|
| Purpose | Reviews how the agency handled the matter | Reviews the substance of the decision |
| Cost | Free | There may be an application fee |
| Outcome | Recommendation (usually respected) | A binding decision |
| Suitable when | Complaining about process | You want to change a specific decision |
Legal and interpreting support
If you are not sure what to do or need support:
Legal Aid: Each state has a Legal Aid body that provides free or low-cost legal advice to eligible people. This is an important source of help if you need to understand your rights before proceeding with a complaint.
Community Legal Centres: Not-for-profit organisations that provide free legal advice — many centres have Vietnamese-speaking staff or access to interpreters.
TIS National (Translating and Interpreting Service): If you need an interpreter when contacting the Ombudsman or the ART, call 131 450 for support.
The basic process for complaining to the Commonwealth Ombudsman
- Gather all your records: emails, letters, notes of contact with the agency
- Go to the ombudsman.gov.au website and complete the online complaint form
- Describe clearly: what you did, what the agency did (or did not do), and what you would like to happen
- The Ombudsman will get back to you — they may ask for more information before deciding whether to investigate
- If it is investigated, the Ombudsman will contact the agency concerned and report the outcome
Processing times vary depending on complexity — from a few weeks to a few months.
Australia’s system of administrative complaints and review is designed to protect people against government errors. The important thing is to know which mechanism suits your situation — and always seek legal advice if the matter is complex, especially anything involving visas.