Internal Ombudsman

Any person may complain to the Internal Ombudsman concerning the administration of council business or conduct of council staff or councillors.

The types of complaints the Internal Ombudsman can consider and our powers to resolve complaints are set out in our Guidelines as adopted by resolution of Sutherland Shire Council. There are some areas where matters cannot be considered by our Office. These include:

• where a matter has not yet been addressed through council's Customer Response Policy
• when a complaint relates to matters already being investigated by other agencies such as Independent Commission Against Corruption (ICAC), NSW Police, Department of Local Government or if the complaint relates to a matter before a court or tribunal
• where there is insufficient information available;
• when the matter relates to actions or conduct of private individuals. We will not investigate a matter where an adequate remedy or right of appeal already exists, whether or not the complainant uses the remedy or right of appeal.

Matters which are frivolous, vexatious, not made in good faith or are determined to be of a low priority will not be investigated. We encourage you to try and resolve your complaint by contacting senior staff of the relevant division of council prior to writing to the Internal Ombudsman. When you lodge a complaint with us, if you have not contacted the relevant council staff directly to raise your complaint or concern, we will usually refer your issue to them to respond (see our Guidelines).

We will not usually investigate anonymous complaints, unless the issue places public safety at risk or raises a serious matter, and there is sufficient information to carry out an investigation or make a prima facie case.

No. The Internal Ombudsman cannot investigate the elected council's resolutions or decisions. However, we may be able to review the administrative process leading to that decision.

We can review an assessment process but are not able to change a determination of a development application.

Yes. We will not investigate where a complainant has had knowledge of the matter for more than one year before making the complaint.

There is no charge for lodging a complaint or for an investigation.

Complaints to the Internal Ombudsman should be made in writing. Written complaints can be mailed, faxed or emailed to us.

Your written complaint should include:

• your name/signature
• your postal and email address
• a telephone number which we can contact you on during business hours; and
• full details of the matter/issue including copies of any relevant documents.

If you are unsure about your issue or would like some personal assistance to prepare your written complaint you can contact us.

Contact Details

Phone 9710 0444
Mail Internal Ombudsman, Sutherland Shire Council, Locked Bag 17, Sutherland NSW 1499
By appointment Sutherland Shire Council Administration Centre, 4-20 Eton Street, Sutherland NSW 2232
Confidential Fax 9710 0924
Email ombudsman@ssc.nsw.gov.au

After we receive your correspondence you will receive an acknowledgement letter advising that we will conduct a preliminary assessment of your complaint. The preliminary assessment will decide if your complaint can be dealt with under our guidelines and whether we will commence an investigation on the matter you have raised. You will be advised in writing of the outcome of the preliminary assessment within 28 days.

During an investigation, we will review all relevant documentation and information. This may require interviews with the complainants, witnesses, council staff or councillors.

At the conclusion of the investigation, we will provide a report to the General Manager of Sutherland Shire Council. This report will provide findings from the investigation process and if relevant make recommendations.

Examples of recommendations we can make to the General Manager include:

• changes to, or review of, existing policies and procedures and relevant documentation
• further training for staff
• that an omission or delay be rectified
• that council pay compensation to a complainant recognition of work achievements
• that council make an appropriate correction, deletion or addition to a record
• facilitation or monitoring of processes currently being undertaken by council staff to ensure fair and transparent outcomes

We aim to complete our investigations promptly. However, there is no set time frame for an investigation as it is dependant on a number of factors. Depending on our caseload, there may be a delay before we can investigate your complaint. The investigation process itself can also be time-consuming. You will be kept informed of the progress of your matter during the investigation.

At the conclusion of the investigation, we will respond to your complaint in writing. You may be provided a report outlining the findings and recommendations arising from the investigations process.

Yes, these avenues are still available. The role of the Internal Ombudsman is a service provided by Sutherland Shire Council and remains an optional service. However, if your complaint is being investigated by the NSW Ombudsman or the Independent Commission Against Corruption we may not investigate.