MAKE A COMPLAINT
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MAKE A COMPLAINT

Complaints

One of the core functions of the OCC is to receive and respond to complaints about service delivery to vulnerable children in the Northern Territory.

What kind of complaints can the OCC deal with?

The OCC can receive complaints if two conditions are met:

  1. The complaint relates to a vulnerable child; and
  2. The complaint relates to a service provider having failed to provide services to a vulnerable child, or the services provided did not meet the standard reasonably expected.1

A service provider can include government agencies or non-government organisations who are providing public services. It does not include courts or the Police

If a complaint does not meet these two conditions, the OCC cannot deal with it. The OCC manages these matters as ‘approaches’.

Who can make a complaint?

Someone can make a complaint if they are, or have been, a vulnerable child, or they are acting on behalf of a vulnerable child. For example; a parent, a carer, a doctor or a teacher.

A vulnerable child under the Children’s Commissioner Act 2013 (The Act) is defined widely.1

1 Children’s Commissioner Act 2013 (NT) pt 2 s 7. Section 7 of the Children’s Commissioner Act 2013 (NT) defines vulnerable children as including:

  • A child in contact with the care and protection system;
  • A child who has been arrested or is on bail, or in relation to whom an order made under the Youth Justice Act is in force;
  • A child in relation to whom an order made under the Volatile Substance Abuse Prevention Act is in force;
  • A child who is suffering from a mental illness;
  • A child who has a disability;
  • A child who has sought or whose family have sought child-related services in regard to the child’s protection or care.

How can the OCC deal with complaints?

Parts four and five of the Act set out how the OCC can deal with complaints.  The process is illustrated in the following flowchart. Click the relevant box for more information on any of the processes or decision outcomes.

Approach

Every time somebody contacts the OCC, it is recorded as an approach. If the matter does not meet the grounds for a complaint, the matter remains recorded as an approach, rather than progressing  to complaint status. All approaches are recorded to identify trends and themes to support an evidence based approach to systemic issues affecting vulnerable children and young people.

Does it meet the Grounds of a Complaint (s.21)?

A complaint must relate to a vulnerable child [section 7 of the Act] and relate to services provided by a service provider [section 21 of the Act].

The Children’s Commissioner will determine from the information you provide if your approach  meets the grounds for a complaint.

Assessment of a
Complaint (s.23)

A complaint is an approach that meets the grounds for a complaint [section 23 of the Act].

A complaint must relate to a vulnerable child [section 7 of the Act] and relate to services provided by a service provider [section 21 of the Act].

Staff at the Children’s Commissioner will determine from the information you provide if your approach meets the grounds for a complaint.

Preliminary Inquiry
can occur

The Children’s Commissioner may make preliminary inquiries [section 23(2) of the Act] to further assess any issues of complaint.

Preliminary inquiries may involve; the review of relevant documentation, Close Circuit Television (CCTV), site inspections or speaking with staff and/or the child.

Declining a Complaint

Section 24 of the Children’s Commissioner Act sets out a number of specific circumstances in
which the OCC can decline to deal with a complaint. Some of those circumstances are as below:-

  • the complaint lacks substance (section 24(1)(a)
  • the complaint relates to an act or omission of a police officer 24(1)(b)
  • the complainant does not have a sufficient interest in the matter (section 24(1)(f); and
  • any dealing or further dealing with the complaint is inappropriate having regard to a
    proceeding before a court or tribunal relating to the matter to which the complaint relates
    24(1)(i)(i)

Declining a Complaint

Section 23(1)(ii) of the Children’s Commissioner Act allows the Commissioner to refer complaints to another person or agency for investigation and resolution. In these circumstances the Commissioner will then assess and review the findings and actions arising from the investigation
to ensure the matter has been adequately addressed.

Resolving a Complaint

Section 25 of the Children’s Commissioner’s Act allows the Commissioner to resolve complaints without investigating them. In these cases the Commissioner will seek further information from the relevant service provider and propose a solution or course of action to resolve the matter
in the child’s best interests. Resolutions provide a quick and informal pathway by which complaints can be managed.

Investigate a Complaint

Where a complaint cannot be dealt with quickly through a resolution, or it is not appropriate  that it be investigated by the relevant service provider, the OCC will conduct an investigation.
Investigations involve gathering large amounts of evidence and preparing complex reports.
Investigations are discussed in the Own Initiative Inquiry section of this report.

Approach No Further Action DeclineComplaint ReferComplaint ResolveComplaint Investigate Complaint Does it meet the Grounds of a Complaint (s.21)? Assessment ofComplaint (s.23)? Preliminary Inquiry can occur No Yes

How long will this take?

The Children’s Commissioner must make the decision on how best to deal with a complaint within:

  • If the Children’s Commissioner needs other information for the decision, then it must be made 28 days after obtaining the information required.

What happens next?

The Children’s Commissioner will inform the person who made the complaint of how they intend to deal with the complaint.

When the Commissioner believes that a matter has been finalised they will provide the person who made the complaint information about the outcome of complaint.

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Helplines

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Information and mental health support:

  • Headspace headspace.org.au/eheadspace
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  • Copyright, disclaimer and privacy
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© 2025 Northern Territory Government