A change to our framework, and what it means to you

What’s changed?

We have always been able to look at complaints about the decisions and actions of non-government entities that provide services on behalf of an agency. However, we could only investigate the agency not the administrative actions of the non-government entity.

From 15 September, we have the option of directly investigating a non-government entity that is performing a function of an agency.

It is reasonable for the community to perceive the conduct of a non-government entity to be the conduct of the agency that engaged the entity to act on its behalf when the non-government entity is delivering public services.

If we receive a complaint about a non-government entity engaged by an agency, we will continue to contact the relevant agency first. This provides the agency the opportunity to resolve the issue with the non-government entity.

What does this change mean for...

• a non-government entity?
  In most cases we may be able to address the complaint with the agency. However, there may be times where we need to seek information from a non-government entity. In those cases, we will need the non-government entity’s cooperation to provide requested information.
   
• an agency (department, local government or public authority)?
  Agencies are responsible for carrying out their functions. Where non-government entities are engaged to perform functions on behalf of an agency, the agency remains responsible for providing that function. If someone complains about a function performed by the non-government entity, this needs to be addressed by the agency who engaged that entity. When we receive a complaint about a non-government entity, we will continue to contact, and may seek information from, the agency.
  
  Agencies may wish to consider:
  • including a clause(s) in contractual arrangements with non-government entities to clearly inform them that by performing services on behalf of the agency, the entity’s administrative actions for carrying out that function are included in the jurisdiction of the Queensland Ombudsman
  • including similar information in the agency’s procurement documentation
  • advising engaged non-government entities about this change and reiterating the agency’s expectations for how entities handle complaints. We have a range of good decisions and complaints management resources on our website that can help communicate good practices to non-government entities.
     
• a complainant?
  • Please direct your complaint about administrative actions to the non-government entity first.
  • If you are not satisfied with the non-government entity’s response, you could take your complaint to the agency that engaged the non-government entity to provide the service. The agency will consider your complaint using its complaints management system.
  • If you remain dissatisfied after the agency has considered your complaint, you can contact us for an external review of your complaint.
    
    We generally require you to have gone through the agency’s complaints management system before you complain to us. However, you can contact us if you are unsure about how to make a complaint. We can provide advice about what you need to do. We can help you identify who to send your complaint to and how to make a complaint.

Download

See details on this change, including an example case study.
Quick guide - A change to our framework, and what it means to you (PDF 403.5KB)