What the Ombudsman does
The Commonwealth Ombudsman is an independent office that handles complaints about Australian Government agencies. It is impartial and free to use. It looks at whether an agency has acted fairly and reasonably, followed its own rules, communicated properly and dealt with you in a reasonable time.
The Ombudsman considers all complaints but does not investigate every one. It can make enquiries, investigate, recommend that an agency fix a problem, and report on wider issues it sees across many complaints.
NDIS complaints it can look at
- The NDIA, for example long delays, lost documents, poor communication, not following its own processes, or how it handled your complaint
- NDIS partners in the community, such as local area coordinators and early childhood partners
- The NDIS Quality and Safeguards Commission, for example how it handled your complaint about a provider
What it cannot do
- It does not take complaints about NDIS providers or workers. Those go to the NDIS Commission
- It does not deal with the quality and safety of NDIS funded supports
- It cannot change your plan, approve funding or overturn an NDIA decision. To change a decision, ask for an internal review and then go to the Administrative Review Tribunal
Which path is right for you
Picking the right path first saves time, because each body does a different job:
- You disagree with a decision, such as access, plan funding or a refused reassessment: ask the NDIA for an internal review within 3 months
- You are unhappy with the NDIA's service: complain to the NDIA first
- You have a problem with a provider or worker: contact the NDIS Commission on 1800 035 544
- You complained to the NDIA or the NDIS Commission and are not satisfied with the outcome or how it was handled: go to the Commonwealth Ombudsman
How to make a complaint
In most cases the Ombudsman expects you to have tried to fix the problem with the NDIA first, because that is usually quickest. Keep a record of your complaint to the NDIA, any reference number, and the response.
You can complain to the Ombudsman online, by phone on 1300 362 072, or in writing to GPO Box 442, Canberra ACT 2601. Include what happened, the dates, who you dealt with, what you have already done to resolve it, and what outcome you want. A family member, nominee, support coordinator or advocate can help you.
Delays and deemed decisions
Delays are one of the most common reasons people contact the Ombudsman. Some NDIA delays now have their own legal consequence. For example, if the NDIA does not decide a request for an unscheduled reassessment within 90 days, it is taken to have refused, and the refusal is reviewable. Where a deemed decision applies, the review pathway may get you a result faster than a complaint about the delay.
What a good outcome looks like
Outcomes from the Ombudsman are usually practical: the NDIA making an overdue decision, correcting an error, giving a clearer explanation, apologising, or changing a process that affects many people. It may also report publicly on systemic problems in the NDIS.