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Regulators

NSW Ombudsman

The NSW Ombudsman has doubled in size. It still does not say what complainants get.

D

Overall grade

Good systemic work and a real recovery in investigatory effort, weighed against a complaint service that sets no targets, satisfies one complainant in three, and does not publish what people get from it.

If a NSW government agency, a local council or a prison gets something wrong and will not fix it, the NSW Ombudsman is where you are told to go. The service is free and independent. Unlike the Commonwealth Ombudsman, it has no duty to investigate: the Ombudsman Act 1974 says the Ombudsman "may" investigate, and in deciding whether to, may have regard to "such matters as he or she thinks fit".

In 2024-25 the Office finalised 16,658 actionable complaints. About 77 per cent were finalised at assessment. That includes giving advice and, in some cases, contacting the agency on the complainant's behalf, but not inquiries. In 23 per cent it took what it calls "further investigatory action", almost all of it preliminary inquiries. It finalised nine formal investigations.

That 23 per cent is a real improvement. Three years earlier it was 13 per cent. The Office says it has more than doubled the number of complaints on which it takes investigatory action. Formal investigations commenced rose from one in 2021-22 to 15 in 2024-25.

The money came back

For more than a decade the Office said it could not do its job properly for lack of money. In 2009-10 it wrote that "we have not been able to conduct as many investigations as we have in the past". In 2022 it told Ministers that "it is likely the Ombudsman is not investigating all matters that warrant further scrutiny". The Auditor-General and a Legislative Council committee agreed that the way integrity agencies were funded was a problem.

Funding was increased from 2022-23. The Office's expenses rose from $25.8 million in 2020-21 to $57.0 million in 2024-25, and its staff from about 120 to 250. Integrity agencies no longer pay efficiency dividends, and a parliamentary committee now examines the Office's budget. In May 2026 the Ombudsman, Paul Miller, told that committee that the Office's core funding "has remained effectively stable" since it was re-baselined, and that it had not sought new money.

Service has not followed

The Office sets no service targets for complaint handling. It last published targets in 2017-18. In its 2023-24 report it said it would "use our results to establish targets". The 2024-25 report contains none.

Its own surveys are not encouraging. In 2024-25, 33 per cent of people who made an actionable complaint were satisfied with the level of service. Twenty-two per cent said their complaint was resolved effectively, and 22 per cent thought the outcome was fair. Every timeliness measure it publishes moved the wrong way: the share of complaints finalised within a week fell from 56 to 43 per cent, and the share of contacts acknowledged and assessed within 10 days fell from 86 to 77 per cent. Most complaints are still finalised within 90 days, and almost all within a year.

The Office does not publish how many complaints are open or how old they are. Regulator Review found no such figure in its annual reports, the committee evidence it read or its media releases.

What complainants get

The annual reports do not say how many complaints led to a remedy, an apology, a changed decision or compensation. The last outcome measure appeared in 2017-18.

The Office can measure it. In May 2026 the Ombudsman told the parliamentary committee that of 2,120 complaints given further investigatory action between July 2025 and February 2026, "around 26 per cent have subsequently resulted in the agency taking some form of corrective or remedial action". That figure has not appeared in an annual report, and it says nothing about the three in four complaints closed at assessment.

Measures that went missing

Read 25 years of reports in order and some tables disappear. Until 2016-17 each report carried an agency-by-agency table showing what was done with every complaint in the core jurisdiction, including a column for adverse findings against the agency. That column recorded no adverse findings in 2014-15, 2015-16 and 2016-17. The table was then dropped from the report; the Office said the detail had moved to its website. Performance indicators with benchmarks were dropped after 2017-18 with no reason given. Complainant satisfaction was not reported for five years. No count of findings against agencies was published from 2017-18 to 2021-22.

Some measures have come back. Satisfaction results returned in 2022-23, and the Office now counts investigations that end in findings of wrong conduct: eight in 2024-25.

Where it does well

The Office's large investigations are its strength. In 2024 it found that Revenue NSW's automated system for taking money from the bank accounts of people with unpaid fines had operated "contrary to law" from January 2016 to March 2019. It has reported on inmate discipline, on child protection and on automated decision-making across government. Agencies accepted 51 of the 52 recommendations they responded to in 2024-25. Since 2024 it has published a casebook every six months covering every investigation it completes.

The Revenue NSW report also records something else. The Office had the garnishee system under formal investigation from March 2016. That investigation focused on hardship, but in December 2018 the Office asked Revenue NSW to get legal advice on whether the automation was lawful. In May 2019 it discontinued the investigation, although Revenue NSW had not agreed to get the advice. The unlawfulness finding came five years later.

Escalation

When an agency ignores its findings, the Office's last resort is a report to Parliament under section 27, which the Minister must answer. The annual reports from 2000-01 to 2024-25 record one, in 2022, on strip searches of children in youth detention; the government rejected its recommendations. A second, on inmate discipline, followed in March 2026. Both were made by the current Ombudsman.

Who checks the Ombudsman

NSW has something the Commonwealth does not: a parliamentary committee that can veto the Ombudsman's appointment and examines the Office's budget. But the Act does not authorise the committee to reconsider any decision not to investigate a particular complaint. A complainant can ask the Office for one internal review. After that, its policy says, "No further reviews or appeals will be considered". Review requests fell from 308 in 2003-04, when police complaints were still in the Office's jurisdiction, to 16 in 2024-25.

The grade

Regulator Review's proposed grade is D: good systemic work and a real recovery in investigatory effort, weighed against a complaint service that sets no targets, satisfies one complainant in three, and does not publish what people get from it, three years after its funding problems were fixed.

The full analysis and sources are in the accompanying report.

How we graded it

Criterion Grade Why
Doing the core job: dealing with complaints about NSW public authorities D About three in four actionable complaints are closed at assessment and 9 formal investigations were finalised in 2024-25. The share given further action has risen from 13% to 23% since 2021-22, which keeps this above E. What complainants get is not published
Service to the people it is there for D No complaint-handling target since 2017-18, despite a 2023-24 undertaking to set them; 33% satisfied with service and 22% saying their complaint was resolved effectively in 2024-25; every published timeliness measure worse in 2024-25; review-of-decision aim missed four years running. Finalisation within 90 days (89%) and 12 months (over 99%) remains high
Willingness to use its powers D Formal investigations fell from dozens a year to single figures; no general-jurisdiction adverse findings recorded 2014-15 to 2016-17; the Revenue NSW investigation was discontinued in 2019 without the legal advice the Office had sought. In its favour: investigations commenced have risen since 2021-22 (1, 10, 10, 15), and the current Ombudsman has made both of the s 27 reports found since 2000 (2022 and 2026). The trend is towards C
Systemic impact B Recent special reports on corrections, child protection, automated decision-making and Revenue NSW found unlawful or wrong conduct and led to change; recommendation acceptance 98% of those responded to in 2024-25; casebooks publish every investigation. Earlier years were thinner
Transparency about itself D Outcome tables, indicators with benchmarks and an outcome rate were dropped; no count of open actionable complaints in any recent report; repeated restatements without specific explanation; KPIs with no targets; an outcome rate disclosed only to a committee. Partly offset by the return of satisfaction results and findings counts
Accountability C A parliamentary committee with real powers over appointment and budget, which the Commonwealth lacks; complaints about the Office reported with outcomes; acknowledged a Disability Royal Commission finding and apologised (AR 2021-22 p 22). Against that, review is one internal step and then "final", and review requests are few. The bar on the committee reviewing individual decisions (s 31B(2)) and the immunity in s 35A are features of the Act, not the Office

Blog

  1. The outcome figure that went to a committee, not the annual report

    The NSW Ombudsman's annual reports do not say how many complaints end with the agency fixing something. The last report to carry an outcome measure was 2017-18, when it gave a percentage of "improved outcome" matters with no count or base.

  2. Two section 27 reports since 2000, both in the last five years

    When an agency does not act on the NSW Ombudsman's findings, the Ombudsman's last resort is section 27 of the Ombudsman Act: a report to Parliament, to which the Minister must respond within 12 sitting days.

  3. Three years of zero, then the table went

    For years the NSW Ombudsman's annual report included an appendix showing what happened to every complaint about government departments, councils and prisons: closed at assessment, preliminary inquiries, or formal investigation, and if investigated, whether there was an "Adverse finding".

  4. The investigation that closed, and the finding five years later

    By 2014 the NSW Ombudsman was dealing with a growing number of complaints about Revenue NSW garnishee orders, which take money directly from the bank accounts of people who owe fines. By mid-2014 it "had already made several formal suggestions". "These suggestions were not implemented in 2014 or…

  5. A promise of targets

    The NSW Ombudsman last published complaint-handling targets in 2017-18. They were modest: 80 per cent of complaints acknowledged and assessed within 10 days, 95 per cent finalised within 12 months.

  6. 308 review requests then, 16 now

    A person unhappy with how the NSW Ombudsman handled their complaint can ask for a review. In 2003-04, 308 people did, 4.2 per cent of complaints finalised; 64 of those requests concerned police complaints, a function that has since left the Office. In 2024-25 the Office received 16, from 16,658…

  7. Numbers that move

    Some figures in the NSW Ombudsman's reports change from one report to the next.

  8. What complainants said in 2000

    In May and June 2000 the NSW Ombudsman surveyed everyone whose complaint its general team had determined in the previous year. Thirty-two per cent replied. "Only 56% of respondents said that the reasons for our final decisions were clearly explained." "The level of confidence in the knowledge…

  9. Who watches the NSW Ombudsman?

    On the text of the Ombudsman Act 1974:

Sources

Sources will be listed here.