Ombudsman Complaint Lawyers in Sydney

Expert Representation Before the Ombudsman and Beyond

Trusted & Recommended by Clients. Let by Accredited Specialists

4.6 – 120 Reviews

The O'Brien Advantage

Proven Track Record

We have successfully represented clients in ombudsman complaints and related civil proceedings across New South Wales and throughout Australia, securing investigations into government and public authority misconduct, remedies, apologies, and pathways to further accountability and compensation. Our victories demonstrate our unwavering commitment to protecting our clients' rights and holding authorities accountable.

Extensive Expertise

Our team of highly experienced civil and administrative lawyers includes NSW Law Society Accredited Specialists with in-depth knowledge of the Ombudsman Act 1974 (NSW), the Commonwealth Ombudsman framework, and ombudsman schemes in other states and territories. We expertly navigate the complexities of complaints processes to ensure the best possible outcome for our clients.

Personalised Approach

An ombudsman lawyer understands every complaint is unique. Our lawyers in our Sydney office take the time to understand your situation, assess whether an ombudsman complaint is the right avenue, and tailor a legal strategy to achieve the best possible outcome for you. We provide clear advice about what the ombudsman can and cannot do, and how it fits within a broader strategy for accountability.

No Win, No Fee*

In certain ombudsman-related matters, we offer flexible fee arrangements and, where related civil proceedings are available, we may offer a no win, no fee arrangement to ensure you can access top-tier legal representation without financial strain, risks or upfront costs.

Types of Ombudsman Complaints We Handle

POLICE COMPLAINTS

The NSW Ombudsman has oversight of the police complaints system. Our lawyers represent complainants in serious police misconduct matters, including unlawful arrest, excessive force, corruption, breach of duty and misconduct. We prepare detailed complaints, gather supporting evidence and submissions, and liaise with the ombudsman throughout the investigation.

HEALTH SERVICE COMPLAINTS

The NSW Ombudsman can investigate complaints about NSW Health services, public hospitals and health practitioners. We represent patients and families in complex health complaints, including medical errors, failures in care, delayed diagnosis and failures to follow up on concerns. We work with medical experts to identify systemic issues and push for accountability.

LOCAL GOVERNMENT COMPLAINTS

The NSW Ombudsman has jurisdiction over local councils and water authorities. We assist residents and ratepayers in complaints about maladministration, unfair decision-making, lack of due process, and failures to follow proper procedures. These complaints can support challenges to council decisions and lead to remedies.

STATE GOVERNMENT & PUBLIC AUTHORITY COMPLAINTS

We help clients lodge complaints about unfair treatment, discrimination, failure to follow procedures, or misconduct by state government agencies, statutory authorities and public officials. These investigations can uncover systemic issues and lead to policy change.

IMMIGRATION & VISA COMPLAINTS

The Commonwealth Ombudsman can investigate complaints about immigration and visa decisions made by the Department of Home Affairs. We represent clients who believe they have been treated unfairly or that correct procedures have not been followed, and we support appeals or reviews where appropriate.

DISABILITY SERVICE & AGED CARE COMPLAINTS

We represent clients in complaints about disability service providers and aged care facilities. These complaints can trigger investigations into neglect, abuse, failure to provide proper care, and breaches of residents’ rights and dignity.

Protecting Your Rights: Actions Ombudsman Lawyers Can Take

At O’Brien Criminal and Civil Solicitors, our team understands the importance of holding authorities accountable through the ombudsman system. Here are some ways we can help you:

Lodging Your Complaint

We assess whether an ombudsman complaint is the right avenue for your situation, help you gather evidence and documentation, and prepare a detailed written complaint that clearly sets out the facts, the authority's conduct or decision, and why you believe it is unfair or amounts to misconduct or maladministration.

Preparing Evidence & Submissions

We liaise with witnesses, obtain supporting documents from the authority, commission expert reports where relevant, and prepare detailed submissions for the ombudsman investigator. Our goal is to give your complaint the best possible chance of a thorough investigation.

Liaising with the Ombudsman

Throughout the investigation, we communicate with the ombudsman on your behalf, respond to any requests for further information, and advocate for your interests. Once findings are issued, we advise you on next steps, including whether further civil action, complaints to other bodies, or appeals are available.

Meet Our Ombudsman & Civil Law Team

With over a decade of experience in civil litigation, administrative law and complaints matters, our team has made O’Brien Criminal and Civil Solicitors one of Sydney’s leading firms in accountability and ombudsman work. Led by firm founder and Principal Solicitor, Peter O’Brien, our dedicated team has represented clients in complex ombudsman investigations, civil claims and proceedings all over the country, including in the High Court of Australia.

No matter how big or small your complaint is, our lawyers will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.

Our team at O’Brien Criminal & Civil Solicitors is led by Law Society Accredited Specialists in Criminal Law and Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.

The Ombudsman Complaints Process

1. Free Initial Consultation

If you believe you have been treated unfairly by a government agency, public authority or service provider, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our lawyers will assess your situation, explain whether an ombudsman complaint is the right option, discuss what the ombudsman can investigate and achieve, and outline your legal options and fee arrangements.

2. Preparing & Lodging Your Complaint

Your lawyer will gather all relevant documents, interview you and witnesses, and prepare a detailed written complaint. We ensure your complaint clearly sets out the facts, identifies the authority's conduct or decisions that concern you, and explains why you believe the matter warrants investigation. We then lodge the complaint with the appropriate ombudsman office on your behalf.

3. Communication & Updates

Your lawyer will keep you informed about the progress of the ombudsman's investigation, any requests for further information, and the likely timeframe. We respond to inquiries from the investigator and provide additional evidence or submissions as needed. You'll be consulted before any key decisions are made.

4. Pursuing an Outcome

Once the ombudsman issues their findings, we discuss the results with you, explain what they mean, and advise on next steps. These may include lobbying for implementation of recommendations, pursuing related civil proceedings, or making complaints to other bodies such as professional regulators or law enforcement.

Remember: Ombudsman complaints can be a powerful tool for accountability, but they work best with expert legal support. Our experienced lawyers are here to guide you at every step and fight to protect your rights.

What to Do if You Need Help With an Ombudsman Complaint

If you are seeking accountability from a government agency, public authority or service provider, an ombudsman complaint may be an effective avenue. While it may be a complex and lengthy process, we strive to protect your rights and maximize your chances of a favorable outcome. Our ombudsman lawyers will build a strong complaint and strategy.

When You Want to Make an Ombudsman Complaint

Record Details: Write down everything you remember about the incident, including the date, time, location, the name and position of officials involved, and exactly what was said or done.
Collect Evidence:Gather any letters, emails, forms, notes or other documents relating to the matter. Keep records of phone calls, including dates and what was discussed. Take photographs or screenshots if relevant.

Consult a Lawyer: A specialist ombudsman lawyer will provide an honest assessment of your situation, advise you on whether an ombudsman complaint is the best avenue, and explain what the ombudsman can and cannot investigate.
Understand Your Case: Our lawyers will explain the ombudsman's powers, the likely investigation process, timeframes, and what remedies or outcomes are possible. We will also advise whether other strategies (internal complaints, civil claims, or complaints to other bodies) should run alongside or instead of an ombudsman complaint.

Record Details: Write down everything you remember about the incident, including the date, time, location, the name and position of officials involved, and exactly what was said or done.
Collect Evidence:Gather any letters, emails, forms, notes or other documents relating to the matter. Keep records of phone calls, including dates and what was discussed. Take photographs or screenshots if relevant.

When an Ombudsman Complaint Is Not Enough

Internal Complaints: Some authorities have internal complaints procedures that may be faster or more appropriate for certain matters.
Civil Claims: If you have suffered loss or injury, an ombudsman complaint may work alongside or after a civil claim for compensation (such as for negligence or breach of duty).
Other Regulators: Some matters may also need to be reported to professional bodies, law enforcement or other specialist regulators.

Remember: Don’t face this alone. Let the legal experts at O’Brien Criminal and Civil Solicitors guide you through an ombudsman complaint and fight for accountability. We’ll strive to secure justice and a fair outcome by offering practical, expert advice.

Voices of Justice: Client Reviews

Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.

William Spedding

Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter

Mr Garfield

Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.

Ruen Motto

Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!

Daryl Ryan

I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.

Madeline Hayman-Reber

I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!

William Hall

They stick up for the little guy. Keep it up!

Samira Bakhshi

O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.

James Supple

O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.

Susan

Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.

John S

As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.

FAQs

What is the ombudsman?

The ombudsman is an independent officer of parliament who investigates complaints about government agencies, public authorities and certain service providers. In New South Wales, the NSW Ombudsman investigates complaints about NSW Police, health services, local councils, state government departments and other public bodies. The Commonwealth Ombudsman handles complaints about federal agencies and services.

The ombudsman's role is to investigate whether an agency has acted fairly, followed proper procedures, and treated people reasonably. The ombudsman can recommend remedies, apologies, policy changes and compensation, but cannot make binding decisions or award damages.

What can the ombudsman investigate?

The ombudsman can investigate:

Unfair or unreasonable decisions by government agencies
Failure to follow proper procedures or the law
Misconduct or maladministration by public officials
Discrimination or bias in decision-making
Delays in processing applications or complaints
Poor service delivery

In NSW, the ombudsman has jurisdiction over police, health services, local government, most state government agencies and certain other bodies. Different jurisdictions have different rules about which agencies fall within the ombudsman's scope.

What can't the ombudsman investigate?

The ombudsman generally cannot investigate:

Decisions made by courts or judges
Purely private sector complaints (unless they involve contracted government services)
Matters that have already been decided by a court
Complaints about federal agencies (unless to the Commonwealth Ombudsman)
Some purely commercial decisions by government agencies

Your lawyer can advise whether your complaint falls within the ombudsman's jurisdiction.

How do I make a complaint to the ombudsman?

You can lodge a complaint by:

Visiting the ombudsman's website and completing an online form
Phoning the ombudsman's office
Writing a letter or email
Visiting in person at the ombudsman's office

Most ombudsmen prefer written complaints that clearly set out the facts, identify the agency involved, explain what you believe went wrong, and describe the outcome you're seeking. A lawyer can help you prepare a detailed, well-structured complaint that maximises your chances of investigation.

Do I need a lawyer to make an ombudsman complaint?

No, you don't need a lawyer. However, a lawyer can significantly improve your complaint by:

Assessing whether an ombudsman complaint is the right avenue
Helping you gather and organise evidence
Drafting a detailed, persuasive complaint
Liaising with the ombudsman investigator
Advising on outcomes and next steps

For complex matters or where you've been seriously harmed, specialist legal representation is very valuable.

How long does an ombudsman investigation take?

Most ombudsman investigations take between three and twelve months, though complex matters may take longer.

The timeframe depends on:

The complexity of the issues
How much evidence needs to be gathered
The agency's response time
Whether the matter is resolved quickly or requires a full investigation
The ombudsman's workload

Your lawyer can give you a realistic estimate once the complaint is lodged.

Can an ombudsman investigation lead to compensation?

The ombudsman cannot award compensation or damages. However, an ombudsman finding that an agency has acted unfairly or unlawfully can:

Persuade the agency to pay compensation voluntarily
Support a civil claim for damages (such as for negligence or breach of duty)
Lead to policy changes that benefit you or others
Trigger complaints to other regulators or law enforcement

If you have suffered financial loss or injury, your lawyer may advise pursuing a civil claim alongside or after the ombudsman complaint.

What happens if the ombudsman finds in my favour?

If the ombudsman finds that the agency has acted unfairly, the ombudsman will typically:

Issue a report setting out the findings
Recommend specific remedies or actions the agency should take (such as an apology, policy change or compensation)
Ask the agency to respond within a set timeframe

If the agency refuses to implement recommendations, the ombudsman can refer the matter to parliament or take other action. However, ombudsman recommendations are not automatically binding.

What is the difference between an ombudsman complaint and a civil lawsuit?

Ombudsman complaint:

Free or low-cost investigation by an independent officer
Focuses on whether conduct was fair, reasonable and followed proper procedures
Can lead to apologies, remedies and policy changes
Cannot award compensation or damages
Findings are not binding on the agency

Civil lawsuit:

Court proceedings seeking financial compensation
Requires proof of legal fault (such as negligence or breach of duty)
Aims to compensate you for loss or injury
Can result in binding court orders
Usually requires legal representation and incurs costs

You can pursue both simultaneously, a complaint for accountability and a lawsuit for compensation.

How much will it cost to lodge an ombudsman complaint?

Ombudsman complaints are usually free to lodge. However, you may incur costs if you:

Hire a lawyer to help prepare or manage the complaint
Commission expert reports
Obtain copies of documents from the agency

Your lawyer can advise on expected costs and, where related civil proceedings are available, may be able to arrange a fee structure that reduces your upfront financial burden.