how to complain (online) - victoria law foundation · how to complain (online) - manual 3 | p a g e...

22
HOW TO COMPLAIN (ONLINE) Manual April, 2013 By Shorna Moore Suite 10, 2-14 Station Place Werribee VIC 3030 Ph: 03 9741 0198 [email protected]

Upload: others

Post on 26-Aug-2020

7 views

Category:

Documents


0 download

TRANSCRIPT

Page 2: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

Wyndham Legal Service The Wyndham Legal Service is a free community legal centre, offering legal advice and assistance to people who live, work and study in the City of Wyndham. To make an appointment, please contact the Wyndham Legal Service on 9741 0198.

Disclaimer The information contained in this manual is of a general nature only and is not intended as a substitute for legal advice. The information is current at the time of printing, but may change without notice. The information contained in this manual does not cover every complaint handling agency or service in Victoria.

Page 3: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

Contents

Energy, Gas, Water 1

Telephone, Fax, Internet 2

Financial, Banking, Insurance 3

Credit, Banking, Insurance 4

Employment 5

Public Transport 6

Consumer 7

Conveyances, Real Estate Agents, Travel Agents 7

Motor Car Traders 7

Owners Corporation Managers, Retirement Villages 7

Second-Hand Dealers, Pawnbrokers 7

Building, Renovators 7

Neighbours 8

Superannuation 9

Health Services (Dentist, doctor, hospital, aged care, nurses) 10

Private Health Insurance (except for quality of service or treatment) 11

Lawyers 12

Education (schools, childcare, children's services) 13

State Government Departments, Local Council 14

Commonwealth Government Departments 15

Discrimination 16

Television, radio, internet 17

Do Not Knock Stickers 18

Do Not Call Register 19

Page 4: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

1 | P a g e

Energy and Water Ombudsman (Victoria)

If you are unable to resolve a problem with your electricity, gas or water provider, the

Energy and Water Ombudsman (EWOV) can help. The services are free and independent.

Examples of disputes:

the provision and supply of a service

the failure to provide or supply a service

billing

credit

payment arrangements

disconnection and restriction

marketing

transfer

wires, pipes and meters

vegetation management and land

You must try to solve the problem with your electricity, gas or water provider before you make a complaint with the EWOV.

Note: To stop a disconnection relating to electricity and gas, call EWOV immediately and ask

EWOV to stop disconnection (then make online complaint).

The EWOV is open between 8:30am and 5pm, Monday to Friday.

Ph: 1800 500 509 (Free call)

Online complaints form: http://www.ewov.com.au/complaints/new-complaint-form

Web: http://www.ewov.com.au/

Email: [email protected]

Post: Reply Paid 469 Melbourne VIC 8060 (we accept letters in Braille)

Fax: 1800 500 549

Interpreter service: 131 450 (call 1800 500 509 and they will organise an interpreter for you)

Page 5: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

2 | P a g e

Telecommunications Industry Ombudsman (TIO)

The TIO is a fast, free and fair dispute resolution service for small business and residential

customers who have a complaint about their telephone, fax or internet service in Australia.

Example of disputes:

contracts (i.e. not being provided with enough information before you sign up)

billing

charges and late billing

problems with mobile subscription

text message services

delays in connecting services

repairing faults

debt collection activities (i.e. payment plans and credit defaults)

transfers (i.e. transferring your service from one company to another)

Before TIO can consider your complaint, the telecommunications service provider must

have been given an opportunity to resolve the complaint.

Ph: 1800 062 058

Web: http://www.tio.com.au/making-a-complaint

Online complaints form:

https://login.tio.com.au/CreateMatterForNewComplainantCtx?Id=ad98acfc-e8fc-467d-951c-

5103296eb637

Fax: consumer complaint form to 1800 630 614

Post: PO Box 276, Collins Street West, Victoria 8007

Visit: Level 3, 595 Collins Street, Melbourne

TTY: 1800 675 692

Page 6: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

3 | P a g e

Financial Ombudsman Service (FOS)

FOS assists with complaints about financial services providers (FSP) including banks, credit

unions and building societies, credit providers, finance brokers, investment and financial

planning services and insurance.

FOS can only assist with complaints if your FSP is a member of FOS.

Search to see if your FSP is a member of FOS http://www.fos.org.au/centric/home_page/members/participating_financial_services_providers.jsp Note: if your FSP is not a member of FOS, contact the Credit Ombudsman Service (COSL) to see if your FSP is a member of COSL (see page 4).

Example of disputes:

Customer service complaints, unjust or unconscionable loan or fees, issuing statements,

debt collection, legal proceedings, arrears and financial hardship Involving:

• Banking

• Credit and loans

• Financial planning

• General insurance and insurance broking

• Investments and stock broking

• Life insurance

• Managed funds

• Mortgage and finance broking

• Pooled superannuation trusts

Before FOS can consider the dispute, the financial services provider must have been given

an opportunity to resolve the dispute with you directly. In most cases, the financial

services provider has up to 45 days to respond to your complaint.

Ph: 1300 78 08 08

Fax: 03 9613 6399

Email: [email protected]

Post: Financial Ombudsman Service Limited, GPO Box 3 Melbourne VIC 3001

Web: http://www.fos.org.au/centric/home_page.jsp

Lodge a dispute: https://forms.fos.org.au/OnlineDispute

Sample complaint letters: https://www.moneysmart.gov.au/tools-and-resources/how-to-complain

Page 7: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

4 | P a g e

Credit Ombudsman Service Limited (COSL)

COSL provides consumers and small business with a free and external dispute resolution

service as an alternative to legal proceedings for resolving complaints with their financial

service and product providers. COSL members include credit unions, building societies,

non-bank lenders, mortgage and finance brokers, financial planners, investment managers

and debt services.

Search to see if your FSP is a member of COSL http://www.cosl.com.au/Make-a-complaint-intro Note: if your FSP is not a member of COSL, contact the Financial Services Ombudsman (FOS) to see if your FSP is a member of FOS (see page 3).

Example of disputes:

• Banking

• Credit and loans

• Financial planning

• General insurance

• Insurance broking

• Investments and stock broking

• Life insurance

• Managed funds

• Mortgage and finance broking

Before COSL can consider your complaint, the financial services provider must have been

given an opportunity to resolve the complaint. In most cases, the financial services

provider has up to 45 days to respond to your complaint (or 21 days if an application for

financial hardship or where a default notice is issued).

Ph: 1800 138 422 (if you have any questions)

Online complaint form: http://www.cosl.com.au/Make-a-complaint-intro

Post: Case Management Team, C-/Credit Ombudsman Service, PO Box A252 Sydney South NSW

1235

Complaints: (02) 9273 8440

Web: http://www.cosl.com.au

Page 8: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

5 | P a g e

Fair Work Ombudsman (FWO)

The role of the FWO is to work with employees, employers, contractors and the community

to promote harmonious, productive and cooperative workplaces. The FWO investigate

workplace complaints and enforce compliance with Australia's workplace laws.

The FWO can also advise about entitlements and other workplace laws (see below, Online

enquiry).

FWO may be able to help you if you think you’re:

not being paid the right amount

not getting the right amount of leave or other conditions you’re entitled to

being forced to do things against your will

being threatened by your employer

being discriminated against or sexually harassed in the workplace

in a Sham contract (treated as a contractor rather than employee)

Before you make a complaint to FWO, it’s usually a good idea to talk to your employer (or

former employer) first. Your employer could have made a mistake or doesn’t realise

something they’re doing is creating a problem for you.

Before making a complaint: http://www.fairwork.gov.au/employment/discrimination/information-for-workers/Pages/before-making-a-complaint.aspx Ph: 13 13 94

Web: http://www.fairwork.gov.au/pages/default.aspx

Online enquiry: https://www.fairwork.gov.au/contact-us/email-us/pages/default.aspx

Lodging a complaint

Complaint form: https://www.fairwork.gov.au/complaints/how-to-make-a-complaint/pages/step-

by-step-making-a-complaint.aspx (refer to ‘Step 3’ and complete Workplace Complaint Form)

Post: Send the form, with copies of any supporting documents to: Fair Work Ombudsman,

Complaints Assessment Team, GPO Box 2567, Adelaide SA 5001

In person: to find an FWO office in your area https://www.fairwork.gov.au/contact-us/visit-us/pages/default.aspx

Page 9: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

6 | P a g e

Public Transport Ombudsman (PTO)

The PTO is an independent dispute resolution body, providing a free, fair and informal

service for the resolution of complaints about public transport in Victoria

PTO can investigate and resolve complaints about:

Ticketing issues (i.e. ticket machines and validators)

Service provision (i.e. punctuality, reliability and cancellations)

Infrastructure - trains, trams and buses

Accessibility of services

Staff conduct or behaviour (i.e. Authorised Officers)

An operator’s use of land or premises

Any other matter consistent with our Charter

PTO does not handle complaints about:

Ticket prices

Transport routes or service frequency

Transport Ticket Infringement Notices

Note: list of matters not covered by PTO: http://www.ptovic.com.au/make-a-complaint/to-

the-pto/what-we-cant-do

If possible, complaints should be raised with the relevant transport operator first. If you

have contacted the transport operator and are not satisfied with the response you

receive, or you do not receive a response within a reasonable timeframe, you can contact

the PTO

Hours of operation: 9.00 am to 5.00 pm - Monday to Friday

Ph: 1800 466 865

Fax: 03 8623 2100

Complaint form (online): http://www.ptovic.com.au/make-a-complaint/complaint-form

Web: http://www.ptovic.com.au/

Post: Public Transport Ombudsman, PO Box 538, Collins Street West, Melbourne VIC 8007

Page 10: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

7 | P a g e

Consumer Affairs Victoria (CAV)

CAV is a Victorian government agency that protects and promotes the interests of

consumers. CAV conciliates disputes between consumers and traders, tenants and landlords

and enforcing and ensuring compliance with consumer laws. CAV can try to help you reach

an agreement by providing advice or conciliation. However, only VCAT or the courts can

compel a business or landlord to resolve an issue. CAV can advise you about your options

with VCAT or the courts.

Complaints can be made about:

general consumer complaint

conveyances

real estate agents

introduction agents

motor car traders (must be a business)

owners corporation managers

retirement villages

prostitution service providers

travel agents

second-hand dealers (must be a business)

pawnbrokers

product safety

building and renovators (domestic building)

architects

you must have made a reasonable attempt to Before making a complaint with CAV

resolve the dispute with the business or landlord. CAV can only act on a particular dispute

if a formal complaint is made. CAV can only accept a formal complaint about a business or

landlord, not a consumer or tenant.

Business hours: 9:00 am - 5:00 pm, Monday to Friday (except public holidays)

Phone Helpline: 1300 55 81 81

Koori Helpline: 1300 661 511

Lodging a complaint

Webs & Forms: http://www.consumer.vic.gov.au/contact-us/make-a-complaint

Post: Downloadable forms should be printed, completed and mailed to: Consumer Affairs Victoria,

GPO Box 4567, Melbourne VIC 3001

Fax: you can fax forms to the number on the form or, if none provided, to 03 8684 6295.

Email: You may also scan and email them to [email protected]

Page 11: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

8 | P a g e

Dispute Settlement Centre of Victoria (DSCV)

The DSCV is a free dispute resolution service funded by the Victorian Government. The DSCV

offers advice and tips for dealing with matters yourself. The Centre also provides neutral,

objective mediators to help you resolve disputes of any size or complexity.

Not all disputes are suitable for mediation by DSCV and will be assessed first. Mediation is

voluntary and if either party does not wish to participate then the dispute is not suitable for

mediation. If this is the case, see page 7 (Consumer Affairs Victoria).

Common neighbourhood disputes involve:

fences

trees

animals

noise and drainage

disputes about difficult or anti-social behaviour

workplace disputes

disputes within committees

clubs or Incorporated Associations

Note: DSCV does not deal with disputes under the Family Law Act 1975 (Cth) or involving

family violence.

At your request, DSCV can write to the person you are in dispute with, asking them if they

would like DSCV to get involved. If the other person agrees, the DSCV may be able to help

resolve the matter by speaking to each of you separately over the phone, with suggestions

on how to discuss the issue. These discussions can only occur if the other party agrees, as

participation in all DSCV processes is voluntary.

Address: Dispute Settlement Centre of Victoria, 4/456 Lonsdale Street Melbourne Vic 3000

To locate your local DSCV office visit http://www.disputes.vic.gov.au/dispute-assessment-

advice?q=node/7

Ph: 03 9603 8370 Toll free: 1800 658 528

Email: [email protected]

Web: http://www.disputes.vic.gov.au/

Web (Mediation) http://www.disputes.vic.gov.au/mediation

Page 12: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

9 | P a g e

Superannuation Complaints Tribunal (SCT)

The SCT is an independent dispute resolution body which deals with a diverse range of

superannuation-related complaints.

Example of disputes:

errors in annual statements

a belief that a death benefit was paid or may be paid to the wrong person or persons

an unreasonable delay in a payment

a miscalculation of a benefit

a refusal to approve a claim for a disability benefit and other complaints relating to

disability benefits

misrepresentations about the terms and conditions of a policy

superannuation contribution amounts notified to the Australian Taxation Office

a refusal to approve an early release of benefits on the grounds of financial hardship,

provided certain legislative conditions have been met

conduct in administering the splitting of a superannuation payment between

spouses in accordance with a binding agreement or Family Court Order

You must first try to have your complaint resolved through the internal complaints

handling arrangements of the relevant superannuation provider.

Lodging a complaint: Click on the link to the Registration of Complaint form below. The Registration of Complaint form allows you to type text. The form can then be printed and sent to the Tribunal. Registration of Complaint form – Death benefit complaint: http://www.sct.gov.au/pages/make-a-complaint/death-benefits-complaints Registration of Complaint form – Disability benefit complaint: http://www.sct.gov.au/pages/make-a-complaint/disability-benefit-complaints Registration of Complaint form – Other complaint: http://www.sct.gov.au/pages/make-a-complaint/all-other-complaints Ph: 1300 884 114

Fax: 03 8635 5588

Email: [email protected]

Post: Superannuation Complaints Tribunal, Locked Bag 3060, MELBOURNE VIC 3001

Web: http://www.sct.gov.au/Default.aspx

Page 13: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

10 | P a g e

Health Services Commissioner (Health Ombudsman)

The Health Ombudsman provides a free and confidential service. The Health Ombudsman protects your right of access to your health information, conciliates between consumers and providers of services and assists in the resolution of complaints. A patient or a user of a health service may make a complaint. If the patient or user is unable to complain then a relative, friend, health service provider or anyone with sufficient interest may make the complaint. You may bring a complaint against any health service provider. A health service provider named in a complaint may be any person or organisation. Health service providers are:

Dentists

General Medical Practitioners

Specialists

Hospitals (Public and Private)

Physiotherapists or Occupational Therapists

Aged care

Social Workers in a health setting

Nurses

Ambulances

Example of complaints:

Failed to provide satisfactory care

Failed to provide enough information or denied your right to choose

Denied you respect, dignity or privacy

Been negligent or unprofessional

Any other issues about your health service provider

Your first step should be to approach your provider and discuss your concerns. Sometimes this is difficult and the Health Ombudsman can help you with this. If you're still unhappy, then call the office of the Health Ombudsman.

Ph: 03 8601 5200 (Toll Free: 1800 136 066)

Fax: 03 8601 5219

Online complaint: https://hnb.dhs.vic.gov.au/eForms/eForms.nsf/FormsForPreview/CE79C5591332F2D4CA2579C000028089?OpenDocument Web (downloadable complaint form): http://www.health.vic.gov.au/hsc/complaint.htm Email: [email protected]

Post: Health Services Commissioner, 30th Floor, 570 Bourke Street Melbourne, Victoria 3000

Page 14: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

11 | P a g e

Private Health Insurance Ombudsman (PHIO)

The PHIO provides an independent service to help consumers with health insurance

problems and enquiries. Complaints need to be about private health insurance or a related

matter.

Complaints can be about:

a private health fund

a broker

a hospital

a medical practitioner

a dentist or other practitioners (as long as the complaint relates to private health

insurance)

You should first contact your health fund or the body you are complaining about. They

may be able to resolve your complaint.

Medicare

The PHIO cannot deal with complaints about Medicare. Complaints about Medicare should

be directed to the Commonwealth Ombudsman (see page 15).

Quality of service or treatment

Complaints about the quality of service or clinical treatment provided by a health

professional or a hospital should be directed to the Health Services Commissioner (see page

10).

Telephone Hotline - 1800 640 695 (free call from anywhere in Australia, mobile charges may apply)

Ph: 02 82358777

Fax: 02 8235 8778

Email: [email protected]

Web: http://www.phio.org.au/

Complaint lodgement form: http://www.phio.org.au/complaints/make-a-complaint.aspx#CLFStart

Page 15: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

12 | P a g e

Legal Services Commissioner (LSC)

The LSC will try and help resolve complaints about lawyers, law practice employees and law

practice. This will usually be done through a dispute resolution process. Importantly, the LSC

can also initiate an investigation of his own accord in cases of possible unsatisfactory

professional conduct or professional misconduct. When the evidence warrants it, the LSC

will also initiate disciplinary proceedings.

Example of complaints/disputes:

lack of communication or rudeness

delays

costs

failure to follow instructions (i.e. due to poor communication)

liens (a legal practitioner’s right to keep a client’s property until he or she pays the

legal practitioner’s fees and disbursements)

unsatisfactory professional conduct or professional misconduct:

o fraud or misappropriation

o gross overcharging

o gross negligence

o conflicts of interest

o acting contrary to instructions

o misleading or dishonest conduct whether in or outside court

Note: There is a six-year time limit for making complaints about a lawyer’s behaviour.

Complaints must be made in writing. You can download a complaint form or write a letter outlining the details of your complaint. Call beforehand if you would like to see if your complaint is one where LSC might be able to assist you.

Ph: 03 9679 8001 OR 1300 796 344 (local call Australia-wide) – Interpreter service available

Fax: 03 9679 8101

Complaint form: http://www.lsc.vic.gov.au/forms-and-publications/forms/

Web: http://www.lsc.vic.gov.au/complaints/making-a-complaint/

Post: GPO Box 492 Melbourne VIC 3001

Address: Level 9, 330 Collins Street, Melbourne VIC 3000

Email: [email protected]

Page 16: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

13 | P a g e

Department of Education & Early Childhood

Development (DEECD)

A parent can raise a concern or complaint to the DEECD about any aspect of a school’s,

childcare or other children services’ operations. Regional office staff at the DEECD will

respond promptly to complaints received and, where appropriate, immediately

acknowledge, in writing, the receipt of a written complaint. They will, as far as possible,

attempt to resolve the issue raised by the complainant.

Childcare and children’s services include:

long day care

kindergarten

outside school hours care

family day care services

Parents’ concerns and complaints most commonly relate to:

the management of an incident between students at a school

the educational, care or other progress of their child

the development and implementation of school and general education policy

In the first instance, you should take your concern or make a complaint to the service. The service is required to deal with and respond to your complaint in a discreet and timely way. Also, they must tell the DEECD within 24 hours if your complaint alleges that a child's health, safety or wellbeing has been compromised.

Contact details will differ depending on location of provider. Please check website for contact details for each region: http://www.education.vic.gov.au/about/contact/Pages/regions.aspx To make a complaint, complete form and send by post, email or fax (details below):

Parent complaint – Schools (complaint form):

http://www.education.vic.gov.au/about/contact/Pages/complainschool.aspx

Parent complaint – Child care or children’s services: You will need to ask your provider for the

relevant complaint form or call your regional office -

http://www.education.vic.gov.au/about/contact/Pages/regions.aspx

Post: Deputy Secretary, Regional Services Group, C/- Executive Director, Regional Monitoring and

Support Division, GPO Box 4367 Melbourne Victoria 3001

Email: [email protected]

Fax: 03 9637 2180

Web: Schools http://www.education.vic.gov.au/about/contact/Pages/complainschool.aspx

Web: child care or children’s services

http://www.education.vic.gov.au/about/contact/Pages/complainec.aspx#2

Page 17: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

14 | P a g e

Victorian Ombudsman (State Ombudsman)

The State Ombudsman enquires into and investigates complaints made against any state government authority.

State government authorities include:

All Victorian government departments: o A Local Council o Business and Innovation o Education and Early Childhood Development o Health o Human Services o Justice o Planning and Community Development o Premier and Cabinet o Primary Industries o Sustainability and Environment o Transport o Treasury and Finance.

Statutory bodies: o WorkSafe Victoria o Transport Accident Commission o School Councils o Universities and other tertiary institutions o VicRoads o Legal Services Board

Examples of disputes:

enforcement of parking, building or planning regulations rate and service charges liability claims against Council drainage matters roads, construction, maintenance and closures contracts or agreements with Council building matters planning and subdivisions permits, advertising and zoning

Before making a complaint, you should first try to resolve your concerns with the organisation concerned. Most public bodies have complaint handling processes and can provide you with

advice on how to go about making a complaint or seeking a review.

Note: Unless there are special circumstances, the State Ombudsman does not investigate complaints more than 12 months old.

Online complaint form: http://www.ombudsman.vic.gov.au/www/html/215-complaint-form.asp Web: www.ombudsman.vic.gov.au Ph: 03 9613 6222; Toll Free (regional only): 1800 806 314 Fax: 03 9614 0246 Post: Victorian Ombudsman, Level 9, North Tower, 459 Collins Street Melbourne Victoria 3000 Email: [email protected]

Page 18: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

15 | P a g e

Commonwealth Ombudsman

The Commonwealth Ombudsman deals with complaints about Commonwealth Government departments and agencies. They can investigate complaints about actions and decisions of Australian Government agencies (such as Medicare) to see if they are wrong, unjust, unlawful, discriminatory or just plain unfair. The Commonwealth Ombudsman also seeks remedies for those affected by administrative deficiency, and acts to improve public administration generally.

The CO also has special responsibilities relating to complaints relating to:

the Defence Force Immigration

Law Enforcement

Taxation

the Postal Industry (see www.pio.gov.au)

Overseas Students in private education and training (see www.oso.gov.au)

The Ombudsman cannot investigate complaints about:

politics private individuals or companies

decisions of courts or tribunals

employment disputes (except in the Australian Defence Force)

actions of State or local governments

actions of government ministers

actions of some government business enterprises

The Commonwealth Ombudsman will usually recommend that you try to sort out your

complaint with the agency before approaching our office.

Complaints can be made in writing, by phone, in person or by using our online complaint form.

Ph: 1300 362 072 (calls from mobile phones at mobile phone rates)

Email: [email protected]

Fax: 02 6276 0123

Post: GPO Box 442, CANBERRA ACT 2601

Office (Melbourne): Level 1, 441 St Kilda Road Melbourne VIC 3004

Web: http://www.ombudsman.gov.au/pages/making-a-complaint/complaints-the-ombudsman-can-

investigate/

Online complaint form: https://forms.business.gov.au/aba/ombudsman/ombudsman-complaint-

form-

Page 19: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

16 | P a g e

Equal Opportunity and Human Rights Commission

(EOHRC)

If you feel you have been discriminated against, sexually harassed, victimised or vilified, you

or someone on your behalf can make a complaint to the EOHRC. The EOHRC will help

resolve your complaint through their free, fair and timely dispute resolution service.

Complaints to the EOHRC are resolved through a process known as conciliation. The EOHRC

does not have the power to make orders or award compensation.

It is against the law to discriminate against you in employment, accommodation, education,

sport, clubs or provision of goods and services.

It is against the law to discriminate against you because of:

age

illness or injury

marital status

gender

physical features

political belief or activity

race

religious belief or activity

lawful sexual activity

pregnancy

status as a parent or carer

industrial activity

personal association (e.g. as a relative)

Enquiry Line: Ph: 1300 292 153 or 03 9032 3583 Email: [email protected]

Submit complaint online:

http://www.victorianhumanrightscommission.com/www/index.php?option=com_wrapper&view=w

rapper&Itemid=565

Ph: 1300 891 848

Email: [email protected]

Address: Level 3, 204 Lygon Street, Carlton Victoria 3053

Web:

http://www.victorianhumanrightscommission.com/www/index.php?option=com_k2&view=item&la

yout=item&id=1042&Itemid=507

Page 20: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

17 | P a g e

The Australian Communications and Media Authority

(ACMA)

The ACMA is responsible for the regulation of broadcasting, the internet, radio

communications and telecommunications.

For all the Do Not Call Register matters see page 19.

Examples of complaints:

something you’ve seen on TV

children’s television standards

something you heard on the radio

spam sent to your email address

something you’ve seen on the internet

a text message or something sent to your mobile phone

telephone or internet service provider

television or radio reception

Access to digital television via satellite

interference to radio communications

interference to Mobile Telephone Networks (Network Operators’ Use Only)

interference to radio communications operated under a spectrum licence

unlabelled or non-compliant equipment

cabling - an unregistered cabler or non-compliant work

telemarketing call or marketing fax

the ACMA's quality of service

telecommunication facilities

If you have heard or seen something on radio or television that you think breaches a code,

you must first complain to the station that you heard or saw it on.

Address: Level 44 Melbourne Central Tower, 360 Elizabeth Street, Melbourne Victoria 3000

Post: PO Box 13112 Law Courts, Melbourne Victoria 8010

Ph: 03 9963 6800

Fax: 03 9963 6899

Online/Email enquiries: http://www.acma.gov.au/WEB/STANDARD/pc=PC_122

Online complaint: http://www.acma.gov.au/WEB/STANDARD/pc=CONTACT_COMPLAINTS_OVIEW

Page 21: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

18 | P a g e

DO NOT KNOCK Stickers

(Consumer Action Law Centre, Victoria Legal Aid, Financial Counselling Australia)

A salesperson who ignores your DO NOT KNOCK Sticker is:

breaking the Australian Consumer Law and the company they represent could be

fined up to $50,000 by a court; and

committing trespass

If a door to door salesperson ignores the sticker you need to take the following details and

lodge a complaint:

Their name

The name of the company they work for

Date and time they came to your door

Note: Please note that if you lodge a complaint, CAV won’t give anyone your name or email

address without your express consent.

Get the sticker: http://donotknock.org.au/take-action/get-the-sticker-2/

Make a complaint: http://donotknock.org.au/take-action/make-a-complaint/

Email: [email protected]

Page 22: HOW TO COMPLAIN (ONLINE) - Victoria Law Foundation · How to Complain (Online) - Manual 3 | P a g e Financial Ombudsman Service (FOS) FOS assists with complaints about financial services

How to Complain (Online) - Manual

19 | P a g e

DO NOT CALL REGISTER

(The Australian Communications and Media Authority)

The Do Not Call Register is a secure database where you can list your numbers to avoid receiving unsolicited telemarketing calls and marketing faxes. Telemarketers and fax marketers are required by law to stop contacting you one you’re on the register.

If you continue to receive calls or faxes you can lodge a complaint with ACMA: It is important to note down and provide the ACMA with:

The time and date of the call or fax

The phone number on which the call or fax was received

Your phone service provider

The details of the call or fax or a copy of the fax.

It is important to remember that registration may not stop all telemarketing calls and

marketing faxes because there are some exemptions under the Do Not Call Register Act.

Some groups can still contact you after you register. These include:

Charities

research companies

political parties

educational institutions

Web: www.donotcall.gov.au

Ph: 1300 792 958

Fax: 1300 793 514

Post: PO Box 42, North Melbourne Victoria 3051

Consumer enquiry: https://www.donotcall.gov.au/enquiry.cfm

Consumer complaint: https://www.donotcall.gov.au/complaint1.cfm