Persons who may make complaints
12B Persons who may make complaints
A complaint about public administration may be made—
if the complaint relates to alleged misconduct or maladministration in public administration—by any person; or
in any other case—
by a person or body of persons directly affected by the acts to which the complaint relates; or
in accordance with subsection (4).
If the person by whom a complaint might have been made has died or is unable to make the complaint personally, the complaint may be made by a person who is, in the Ombudsman's opinion, a suitable representative of that person.
A complaint in respect of an act that could, apart from this subsection, be made by a person or body of persons may, with the consent of that person or body, be made on behalf of that person or body by a member of either House of Parliament and with the consent of that person or body that member may act on behalf of that person or body in and in connection with all matters relating to the matter of complaint.
A complaint may be made by the Commissioner for Children and Young
People, the Commissioner for Aboriginal Children and Young People or the
Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies)
Act 2016 despite the fact that they are not directly affected by the acts to which the complaint relates.
Notwithstanding any enactment prohibiting or restricting, or authorising the imposition of prohibitions or restrictions on, communication, a person having the care or custody of another person must not refuse or fail to take all steps necessary to facilitate any communication by that other person necessary for or incidental to a complaint under this Act and to ensure the privacy of that communication. Maximum penalty: Maximum penalty: $2 000.
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