This page is for making a complaint about Department of Justice staff or services.
Please note the Department of Justice cannot act on complaints made in relation to other State or Federal Government Departments or private businesses. Such complaints should be directed to the relevant department or business in the first instance.
Key information
- A person making an enquiry or complaint has the right to be heard. They will be treated with fairness, courtesy and respect.
- Try to resolve the issue informally by discussing it with the manager of the relevant business area.
- Check the list of areas of the Department that have their own complaint handling process.
- You can find more information in the Complaints Policy, Complaints Procedures and Frequently Asked Questions.
- If you are concerned about child safety in the Department, use the Report a concern about child safety form.
For Children and Young People
You can tell us by filling out the form below if you are worried about:
- your safety
- the safety of another young person; or
- anything else related to the Department of Justice.
If you need help filling out this form you can give us a call on (03) 6165 3405.
What is a complaint
A complaint is an expression of dissatisfaction made about the services or conduct, actions or lack of action by the Department, or a member of the Department’s staff.
How to make a complaint
Step 1: Resolve informally
It is important to resolve complaints as early as possible. The best place to raise an issue or concern is at the point where the problem first arose, by contacting the relevant manager.
If the relevant manager is unknown or you do not feel comfortable speaking with the manager, you can make a formal complaint.
Step 2: Formal complaint
Complaints are a form of feedback about the Department’s decisions, services and employees.
All formal complaints will be recorded on a centralised tracking sheet so that we can analyse them and identify opportunities to improve our services to the community.
Only designated Office of the Secretary staff can access the tracking sheet.
The Department will record:
- when and how the complaint was received
- the complainant’s personal details
- a description of the complaint and the business area/employee/service etc. it relates to
- the complainant’s desired outcome (if known)
- the Departmental staff member responsible for handling the complaint
- the outcome of the complaint and when the complaint was finalised
- any recommendations for improvement arising from the complaint, and who is responsible for implementing the recommendations
The centralised tracking sheet will be used to:
- monitor progress of the complaints handling process
- maintain an appropriate record of written complaints
- provide de-identified reports to Agency Executive to draw insights and trends from complaints and to act as an oversight mechanism
Step 3: Assessing your complaint
We will assess the complaint to decide if
- we should investigate the complaint or another complaints process should be used
- it is serious enough to pass on to a senior staff member (e.g. allegations of a criminal offence).
The relevant manager will be given the complaint and asked to provide an initial response to the allegations.
If your complaint is against a manager, it will be referred to the relevant Deputy Secretary or Secretary. We will try to finish the initial assessment within 20 business days.
Complaints may sometimes be investigated under more than one process. For example, a complaint may require investigation under this policy but also require consideration as to whether an employee has breached the State Service Code of Conduct.
We will tell you if your complaint will not dealt with by this policy, and where possible will be referred to the relevant organisation for handling.
Step 4: Review
Following the initial response from the relevant business area, the information will be reviewed by the Office of the Secretary to determine next steps.
Depending on the severity of the complaint, and the initial response from the business area, an early resolution may take place.
If the information received is inconclusive or there appears to be significant matters raised, the complaint may be referred or the investigation process may be initiated.
If the Department determines at this stage that a complaint is unsubstantiated, you will be advised in writing that your complaint will not be progressed.
You will also be advised of any options for review or alternative complaint handling bodies.
Step 5: Further investigation
You will be notified if further investigation is deemed appropriate.
The Office of the Secretary will undertake an additional assessment based on the following criteria:
- severity
- health and safety implications (for the complainant, the public, or the employee/agency)
- complexity
- potential for the matter to escalate
- whether we have received other complaints about the same issue
- the need for and possibility of immediate action
- the outcomes sought by the applicant
- whether other areas of the organisation need to be involved
The assessment process will help to determine the level of investigation required. Depending on the type of complaint and the outcome of the assessment process, a complaint may be referred for investigation to:
- the direct Manager of the employee or service involved
- the Output Manager for the relevant business area
- the Deputy Secretary, Secretary (or delegate)
- the Director of Human Resources
- an independent investigator engaged by the Department
The investigator will gather information deemed necessary to determine if the complaint is substantiated and provide an investigation report including a determination made on the balance of probabilities about the allegations. The investigator may:
- obtain statements from employees and other relevant witnesses
- collect and review relevant documents, policies or procedures
- have discussions with you (the complainant), the person(s) which are subject to the complaint or other employees
- provide advice to the Department about policies, processes and procedures
- provide determinations and/or recommendations regarding allegations raised for use of the Department in resolving complaints
Step 6: Outcome
We will advise you in writing of the outcome of your complaint and what steps were taken in determining the complaint.
The outcome may include:
- an apology
- amending or redacting documentation (e.g. publications, media statements, web pages)
- changed policies or practices to prevent a repeat of the incident or matter you have complained about
- action to modify the behaviour of the staff member who the complaint was about, if applicable (e.g. further training, mentoring etc.)
Where available, options for review of the Department’s decision will also be detailed in the response.
Responsibilities when making a complaint
When you make a complaint or an enquiry:
- Let us know if you need help to make a complaint by emailing complaints@justice.tas.gov.au or calling (03) 6165 4943.
- Give us a clear idea of your concerns and what you would like to happen.
- Provide all the relevant information you have about your concerns.
- Be polite and respectful to the people who are responding to your complaint.
- Allow us the opportunity to deliver on the commitments we make to you.
Abusive language or unreasonable behaviour will not be tolerated in any situation.
Separate complaints processes
Some complaints are not covered by our Complaints Policy.
Please check the list below to find options for these issues.
List of separate complaints processes
Complaints about statutory office holders
- Contact the Ombudsman Tasmania
Complaints about Magistrates
This does not include appeals against decisions made by a Court.
- Contact the Magistrates Court of Tasmania
Complaints about Judges
- This does not include appeals against decisions made by a Court.
- Contact the Chief Justice, Supreme Court of Tasmania
Complaints alleging misconduct such as dishonesty or unethical conduct or misuse of public resources
- Contact the Integrity Commission of Tasmania
Complaints alleging serious misconduct such as a crime or an offence of a serious nature
- Contact Tasmania Police or the Integrity Commission of Tasmania
Complaints concerning discrimination
Such as when someone is treated less favourably or disadvantaged on the basis of any of attribute, in connection with an area of activity, covered by the Anti-Discrimination Act 1998.
Complaints about the conduct of Tasmanian lawyers
- Contact the Legal Profession Board Tasmania
Complaints about public authorities e.g. the administrative actions of Tasmanian Government Departments and Agencies
- Contact the Tasmanian Ombudsman
Complaints about builders, consumer related matters, and gas and electrical safety matters
Tasmania Prison Service matters that do not relate to staff behaviour
- Contact the Tasmania Prison Service
Complaints regarding the conduct, process, procedure or facilities of the Tasmanian Civil and Administrative Tribunal (TASCAT)
- Contact TASCAT
Concerns about reportable conduct related to child abuse involving an employee or volunteer of their organisation
- Secretary, Department of Justice via reportable conduct complaints form
- Independent Regulator of the Reportable Conduct Scheme
- Tasmania Police
- Registrar appointed under the Registration to Work with Vulnerable People Act 2013
- Strong Families Safe Kids Advice and Referral Line