Frequently Asked Questions
What can I complain about?
You can complain about any conduct on the part of the LECC amounting of agency maladministration and any conduct on the part of its officers amounting to officer maladministration or officer misconduct.
Maladministration includes conduct which is unlawful or unreasonable, unjust, oppressive or improperly discriminatory or which is based wholly or partly on improper motives or which arises from a decision that has taken irrelevant matters into consideration. It also includes unreasonable delay in the conduct of an investigation and unreasonable invasion of privacy.
Who can I complain about?
The Inspector can only deal with complaints about the conduct of the LECC and/or its officers. The Inspector does not have power to deal with complaints against any other public authority or public official. Nor can it deal directly with complaints against members of the NSW Police Force or the NSW Crime Commission.
Who can complain to the Inspector?
Any person or agency can make a complaint to the Inspector. You can ask someone else to make a complaint on your behalf, including for example, a friend, family member, legal representative or your local Member of Parliament.
Can I make an anonymous complaint?
Yes, you can. However, making an anonymous complaint may mean that the Inspector’s Office is unable to fully investigate your matter. Often it is necessary to obtain further information or verify information from a complainant.
How do I make a complaint?
You can complain to the Inspector by using the online complaint form that is provided on this website. Alternatively, you may email or write to the Inspector at the following:
GPO Box 5341
Sydney NSW 2001
If you require assistance with putting your complaint in writing, you may wish to contact a community legal centre.
You may also have another person represent you or put your complaint in writing on your behalf. For example an advocate, friend, family member, legal or community representative, member of Parliament or another organisation.
If you or a person assisting you to lodge a complaint requires an interpreter or translation services you can seek assistance through the Translating and Interpreter Service (TIS) on 131 450.
If you have a hearing impairment or speech impairment, contact us through the National Relay Service (NRS).
What information should I include in my complaint?
Please set out clearly the basis of your complaint so that the Inspector can determine whether it comes within his functions and powers.
If the Inspector requires further information, including supporting documentation, he will request it by letter.
In preparing your complaint, it would be of assistance if you could address the following issues:
- What is your complaint about? Providing precise details about whom and what you are complaining about.
- What documents or other material do you have to support your complaint? For example, you may wish to provide the Inspector with copies of correspondence that have passed between you and the LECC.
- What other action if any, have you taken in relation to your complaint? For example, have you sought a review of a decision by LECC? Have you complained to any other agency about the LECC?
What can I expect from the Inspector?
The Inspector will assess your complaint to see whether it raises conduct amounting to agency maladministration on the part of the LECC or conduct amounting to officer misconduct or officer maladministration on the part of officers of the LECC. If the Inspector requires further information to assess your complaint, he will request it from you and/or the Commission.
The Inspector’s assessment will inform his decision on what further action (if any) he will take. Further action may include conducting an investigation or referring the complaint to other agencies for consideration or action.
When your complaint has been finalised you will be notified by letter or email of the outcome of your complaint.
In some circumstances an investigation of a complaint may result in the Inspector submitting a report to Parliament which may or may not include a recommendation concerning the conduct of LECC and/or its officers.
How long will the Inspector take to deal with my complaint?
The time required to deal with a complaint will vary depending on the complexity and sensitivity of the issues raised and the volume of information that needs to be reviewed.
What happens in an investigation?
During an investigation of a complaint the Inspector may take any or all of the following steps:
- Request further material in support of the complaint from the complainant.
- Ask the LECC to produce documents and any other material relevant to a complaint.
- Request material from other relevant agencies.
After the investigation steps are completed the Inspector will form a view as to whether the allegations raised in the complaint against the LECC and/or its officers are supported by the material with which he has been provided.
Depending on the outcome of the investigation, the Inspector may prepare a report in which he will set out his comments and any recommendations. The Inspector is authorised to publish his reports to the NSW Parliament. He will do this where he considers it is in the public interest to do so. The Inspector may also make a recommendation or report to the LECC, an officer of the LECC, a person who made a complaint or or to any other affected person.
If a report to the NSW Parliament contains any comments about a person that he considers are adverse, the Inspector is required to inform that person of the substance of the grounds of the comments and give them an opportunity to make submissions. This must be done prior to the Inspector finalising the report and releasing it to any other person or agency. Once the Inspector has received any such submissions, he will finalise his report about the complaint.
What if I am unhappy with the Inspector’s decision?
The Inspector’s powers in relation to complaints made about the LECC are discretionary. Therefore, the Inspector cannot be required to investigate or take any other action in relation to a complaint received. The Inspector also cannot be required to review a decision that he has made about a complaint.
While the Inspector cannot be required to do so, as a matter of policy, a request to review a decision will be considered. However, a review will only be conducted if the person requesting it indicates clearly how or why the Inspector’s decision was inappropriate or unreasonable and/or provides new information of substance that is relevant to the decision to be reviewed. Any decision made in respect of a request for a review will be final.