Complaints about ORIC

We welcome and value complaints about us as part of our commitment to continuous improvement. They help us shape how we do our business.

We are committed to handling complaints about us fairly and effectively. A complaint about us can be about our staff, our services and how we deliver them, our policies and processes.

We have explained these types of complaints below. If you are not sure which category your complaint fits into, we can make a decision on where your complaint best fits.

If you are unhappy about a decision made by ORIC, such as an outcome of an application, commencement of regulatory action, or decision not to take action, you should contact us to see if you can request a review of the decision. We do not treat a request to review a decision as a complaint about ORIC.

If you have concerns regarding a corporation incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act), please refer to the Reports of concern webpage.

ORIC treats the identity and content of complaints confidentially and does not share this information unless required by law.

How to complain

You must advise ORIC that you wish to lodge a complaint. You can do that over the phone or via email. As part of our complaints process, we will need some of your details to allow us to provide a response. This includes your name, contact details, details of the complaint and supporting evidence as well as the outcome you are seeking.

If you do not want to make a formal complaint, you can still provide us with feedback, which you can do over the phone or email.

Complaints about ORIC staff or contractors should be emailed to oriccomplaints@oric.gov.au. Other types of complaints can be emailed to info@oric.gov.au. We encourage you to email your complaints so that all of the relevant information is captured.

Anonymous complaints

ORIC accepts anonymous complaints. You can make an anonymous complaint via our phone or email contact, or via the portal. If making an anonymous complaint over the phone please tell us that you would like to remain anonymous.

For anonymous complaints, ORIC will not contact the complainant if additional information is required to assess the complaint or to advise of the progress or outcome of the complaint. Therefore, if there is insufficient information for ORIC to assess the complaint, we will not be able to progress it.

If we can identify you from a complaint, for example, your email address has your name in it or you sign off using your name – we will not be able to record the complaint as anonymous. However, we will treat the complaint as having been lodged anonymously. This means that we will not contact you if we require additional information to assess the complaint or to advise of its progress or outcome.

Types of complaints

Complaints about our staff/service

Complaints about ORIC staff or contractors might be about:

  • integrity such as abuse of power, bias etc.
  • tone or volume of voice 
  • language used
  • other conduct such as rude treatment.

You can lodge these complaints at oriccomplaints@oric.gov.au.

When you lodge your complaint, please tell us clearly what happened and when, who was involved and why you are dissatisfied with the behaviour of the ORIC staff or contractor. Please also:

  • attach any evidence to support your complaint 
  • provide us with your contact details so that we can get in contact with you if need any additional information.

We refer complaints about the Registrar of Aboriginal and Torres Strait Islander Corporations to the Minister for Indigenous Australians. You can send complaints directly to the Minister for their consideration as well.

For complaints about staff and contractors, we are unable to provide you with updates regarding their progress or their outcome because of our privacy obligations.

ORIC does not treat all concerns about its contractors as a complaint. For example, concerns about a Special Administrator’s decisions or actions are not treated as a complaint about an ORIC contractor. The Special Administrator assumes the responsibilities of the board of Directors. People who have concerns about a Special Administrator’s decisions and actions should raise them directly with the Special Administrator, as they would a board of Directors.

Complaints about ORIC matters

Complaints about ORIC matters might be about:

  • inconsistent, inaccurate or untimely advice provided by ORIC
  • lack of action by ORIC in relation to an issue
  • ORIC’s policies or processes
  • absence of available information/guidance on a particular issue
  • access to agency information or documents, including processing of requests under the FOI Act or otherwise
  • management of privacy.

If you have a complaint of this nature, please tell us the details of the complaint, including any relevant dates and names, and the outcome you are seeking. Please also:

  • attach any evidence to support your complaint 
  • provide us with your contact details so that we can get in contact with you if need any additional information and can provide you with a outcome in relation to your complaint.

What to expect from ORIC

We take all complaints seriously. Depending on the nature of your complaint we may provide you with an outcome, which could include:

  • an apology
  • a remedy to your issue
  • a referral to a more appropriate agency
  • further assistance.

A complaint outcome may also include advising you that we do not agree with your complaint because we:

  • acted within the legislation or our policy
  • provided accurate, consistent and/or timely information
  • provided a response that was consistent with the circumstances of the time. 

Unreasonable complainant conduct

ORIC considers, among other things, the following behaviours to be unreasonable:

  • contacting ORIC repeatedly, either directly or copying ORIC into such repeated communications
  • copying others into your communication with ORIC about your complaint who are not parties or relevant to the complaint as a way to attempt to influence, directly or indirectly, how your complaint is being handled (for example, copying in members of Parliament or the media).
  • providing false information
  • demanding outcomes that are not practicable
  • commencing a complaint but seeking further time for resolution without a reasonable explanation
  • being unwilling to accept the decision maker’s decision, whether this be in assessing the complaint or in finalising any investigation
  • threatening harm of any kind or utilising any rude, aggressive or abusive language
  • commencing multiple complaints against the same person(s) about the same or substantially similar grounds to the ORIC complaint, whether this be through ORIC or through ORIC and other agencies
  • commencing a complaint about ORIC’s handling of your complaint (or the complaint handler) during the complaints handling process or otherwise attempting to create a conflict with the complaint handler
  • wide dissemination of your complaint about an individual or the complaint outcome prejudicing ORIC’s consideration of the complaint and an individual’s procedural fairness (for example, copying the complaint to members of Parliament, the media, or community members)
  • changing your mind as to the focus of your complaint 
  • reframing a closed complaint
  • commencing a complaint but not being willing to communicate with ORIC or provide the documents or information requested
  • directing ORIC how to manage your complaint, including the choice of complaint handler, or making other unreasonable demands
  • providing a large and unnecessary quantity of material or failing to be specific as to the nature of the complaint and the evidence

ORIC is committed to a fair and transparent complaints process to continuously improve. Unreasonable conduct can make it difficult to resolve your complaint. 

A process that is prolonged is unlikely to lead to a satisfactory outcome. ORIC will treat all parties to a complaint fairly, impartially and with respect. This means a decision maker needs to take into account the interests of all parties when making decisions about how to deal with a complaint and how it progresses. 

Dissatisfied with ORIC’s handling of your complaint

If you are dissatisfied with ORIC’s handling of your complaint, you can contact the Commonwealth Ombudsman on 1300 362 072 or by completing the online form on its website at www.ombudsman.gov.au. The Ombudsman does not make a fresh decision, they consider the way a decision was made and make recommendations on how the decision or process could be improved.
 

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