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Where am I now? Lawlink > homepage > Frequently Asked Questions > Making a Complaint
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Making a Complaint
The Department of Justice and Attorney General values the feedback that complaints provide, and uses the information gathered from complaints to improve the service provided. Your complaint is important.
Your complaint will be handled by the Department of Justice and Attorney General in a manner which is fair, courteous, informative, protects your privacy and provides reasons for any decisions made.
Please note we are not able to deal with complaints about lawyers, judges, magistrates or tribunal members. For information about making such complaints, please visit our Frequently Asked Questions.
Complaints about other Divisions/Business Centres should be in the first instance be directed to the Business Centre concerned. Should you continue to be dissatisfied with the review of your compliant, you may make representations to the Community Relations Unit. Submitting your concerns in writing to the Community Relations Unit is preferable.What can I complain about?
The Department of Justice and Attorney General will accept complaints about any complaint/ grievance you may have that relates to the Department and its functions. For example, where a complaint concerns:
What we can't assist with
It is important to remember when making a complaint with the Department of Justice and Attorney General, that there are some things with which it will be difficult or impossible to assist you with aside from providing you with information. Some of these include:
- Decisions made by the Courts or Tribunals. The Government is separated strictly from the judiciary. This is so to ensure that the judicial system makes decisions that are fair, impartial and free from political influence. Neither the Attorney General nor an officer of the Department of Justice and Attorney General has the power to overturn a decision made by a Court or a Tribunal.
- Providing legal advice. Employees of the Department cannot provide legal advice, however, the Department's legal information centre, LawAccess, can be contacted for free legal information and referral to other agencies that may be able to assist. LawAccess can be contacted at http://www.lawaccess.nsw.gov or on 1300 888 529 (TTY: 1300 889 529) (Telephone interpreter: 131 450).
- Matters that are very old. Generally speaking the older the events that have given rise to your complaint, the more difficult it will be to assist or resolve the complaint.
- Matters which have been previously dealt with and finalised, and about which you have received notification of an outcome. A complaint will not be revisited unless new information comes to light, or a different issue is raised by the circumstances giving rise to your complaint.
- Any request to compel a third party to act, or refrain from acting in a particular way. These are generally matters for the parties to sort out between themselves. Generally, only a Court can compel a person to do or refrain from doing a certain thing.
What is expected of me?
It is important when making a complaint:
- Quote the reference number you have been provided in respect of your complaint whenever you make contact with the Department of Justice and Attorney General.
- To treat staff members of the Department of Justice and Attorney General with courtesy and respect. Abusive language, discriminatory remarks and threatening behaviour will not be tolerated.
How can I make a complaint?
A complaint should be made direct to the Business Centre concerned by any means that are convenient to you. If the complaint concerns a serious or complex allegation it is best to submit it in writing.
An officer of the Business Centre will take reasonable steps to assist you to make your complaint if you have a disability, or any other difficulties communicating. If you need assistance in detailing or making a complaint, or if you just want to discuss your problem before deciding whether to make a complaint, please feel free to contact the complaints contact person at the Business Centre concerned. How will my complaint be dealt with?
Your complaint will be acknowledged in writing within 1-2 working days wherever possible. The Business Centre concerned will deal with your complaint at first instance and steps will be taken to resolve the complaint and communicate the outcome to you within 21 calendar days. If resolution of the complaint will take longer than 21 days you will be notified, along with an estimated date for the outcome.
Can the initial outcome be reviewed?
You can request that your complaint be reviewed if you are dissatisfied with how it was originally dealt with. This means that another officer of the same or higher grade will examine your complaint and the action taken on it, to see if it was handled fairly and that reasonable steps were taken to try to resolve the issue. Once again, this should take no longer than 21 calendar days.
Should you continue to be dissatisfied with the way in which the Business Centre has handled your complaint, you may make a representation to the Community Relations Unit of the Department of Justice and Attorney General. This Division will ask for a report on the events that have given rise to the complaint and how the complaint was handled, and correspond directly with you. What assistance can I receive when making a complaint?
At each level of this process the Department of Justice and Attorney General is committed to providing you with as much helpful assistance as is reasonable in the circumstances. This may include but is not limited to:
- Assisting you to put together your complaint, especially if you have a disability
- Making inquiries of nominated and authorised third parties to attempt to resolve the matter
- Providing you with information about other agencies that may be able to assist you
- Providing you with information about your situation
- Attempting to resolve the matter via alternative dispute resolution (mediation or conciliation).
How will my privacy be protected?
Your privacy will be protected during the complaints handling process. It is important to remember though, if a third party has information about your complaint or can verify the information you have provided, it is reasonable for them to be contacted during the complaint resolution process. If another Business Centre of the Department of Justice and Attorney General can assist with resolving your complaint, your details may be provided to that Business Centre. If you have a nominated third party who receives or seeks information on your behalf you should provide their details to the Business Centre concerned.
What if I am still not happy?
It is possible, at the conclusion of the processes referred to above that you will not receive the outcome you were seeking. Because you do not receive this outcome does not necessarily mean that your complaint was not handled properly. You should be provided with reasons for decisions made at each step along the process. As long as at the end of the process you have been provided with an opportunity to be heard, have been treated fairly, and have been given reasons why your complaint can go no further the matter will be at an end.
What is the Department's Complaints Policy
See, Complaints Policy.Who to contact if you have a complaint
If you have a complaint or wish to provide feedback about the Department of Justice and Attorney General, contact the person you have been dealing with, or that person's supervisor. If you do not know who to speak to, you should contact the Community Relations Unit:
Telephone: (02) 8688 7586
Fax: (02) 8688 9620
Email: communityrelations@agd.nsw.gov.au
Mail: Community Relations Unit
Department of Justice and Attorney General
Locked Bag 5111
Parramatta NSW 2124
Street: 160 Marsden Street
Parramatta NSW 2124
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