Who you can complain to us about
We may be able to assist you if you wish to make a complaint about:
- IBAC or an IBAC officer (current and former)
- a Victorian Ombudsman (VO) officer
- a Victorian Auditor General’s Office (VAGO) officer
- an Office of the Victorian Information Commissioner (OVIC) officer
- the Chief Examiner or Examiners appointed under section 21 of the Major Crime (Investigative Powers) Act 2004
- the (former) Office of Police Integrity (OPI).
It is important to understand that we are not a review body and cannot overturn or change a decision of another integrity agency.
For more information about how to make a complaint and what to expect:
Before you make your complaint
You should attempt to resolve your complaint with the body you are making a complaint about if it concerns complaint outcomes or service delivery issues. If you are still unable to resolve your complaint, we may be able to assist you with your complaint.
If your complaint could be considered a public interest disclosure, or it relates to an investigation conducted by that body, or for some other reason you consider it inappropriate to first seek to resolve your complaint with that body, you can raise your complaint with us rather than attempting to resolve the complaint with the body you are making a complaint about.
We may receive complaints about how the bodies (including their officers) we oversee have performed or used particular functions or powers. If the conduct is within our jurisdiction (see summary below), examples for which a complaint may be made, include whether the conduct was:
- contrary to law
- unreasonable, unjust, oppressive or improperly discriminatory
- based on improper motives
- an abuse of power
- otherwise improper.
These are not the only examples of conduct that we may consider in relation to your complaint.
Jurisdiction
The types of functions or powers that we may receive a complaint about differ for each body (or officers) that we oversee and are outlined in Section 43 of the Victorian Inspectorate Act 2011 (VI Act). A summary is below.
IBAC or IBAC staff
We can receive and investigate complaints about how IBAC and IBAC staff have performed or used their functions or powers.
For more information about IBAC, visit the IBAC website.
Victorian Ombudsman
We can receive complaints about how an Ombudsman officer has used their coercive powers or complied with procedural fairness when performing their duties under the Ombudsman Act 1973.
For more information about the Victorian Ombudsman, visit the Victorian Ombudsman website.
Chief Examiner
We can investigate complaints about how the Chief Examiner or an Examiner have used their coercive powers or complied with the Major Crime (Investigative Powers) Act 2004.
For more information about the Chief Examiner, visit the Chief Examiner website.
OVIC
We can investigate complaints about how an OVIC officer has:
Used their coercive powers OR complied with procedural fairness when:
- using their coercive powers under the Freedom of Information Act 1982 (FOI Act) or the Privacy and Data Protection Act 2014
- conducting investigations under Part VIB of the FOI Act
- making recommendations under section 61L of the FOI Act
- making investigation reports under section 61Q of the FOI Act
- making compliance notices under Part 3 of the Privacy and Data Protection Act 2014.
For more information about OVIC, visit the OVIC website.
VAGO
We can investigate complaints about how a VAGO officer has:
- used their coercive powers
- complied with sections 30-37, 39, 41-46 and 48-51 of the Audit Act 1994
For more information about VAGO, visit the Victorian Auditor-General’s Office (VAGO) website.
(Former) Office of Police Integrity
The former Office of Police Integrity (OPI) was closed in 2013. We have certain limited power to receive and investigate complaints about the conduct of the OPI prior to that date.
We have no power to investigate complaints about the following organisations:
Local Government
The Local Government Inspectorate can investigate complaints about council operations and breaches of the Local Government Act 2020. This may include issues such as:
- corruption
- misuse of position
- conflict of interest
- disclosure of confidential information
- distribution of unauthorised electoral material.
The Victorian Ombudsman can investigate actions by local councils in relation to matters such as:
- enforcement of parking, building or planning regulations
- nuisance control
- rates and service charges
- liability claims against Council
- drainage matters
- roads, construction, maintenance and closures
- contracts or agreements with Council
- building matters
- planning and subdivision permits, advertising and zoning.
Victorian government authorities
For complaints about Victorian government authorities, including all Victorian government departments and most statutory bodies, contact the Victorian Ombudsman.
Victoria Police
For complaints about Victoria Police, contact:
Universities and TAFEs
If you’re unable to resolve a complaint directly with the educational institution, you can contact the Victorian Ombudsman.
Breach of privacy
If you’re unable to resolve a complaint directly with a public sector agency, about a breach of privacy, contact the Office of the Victorian Information Commissioner for advice or to lodge a formal complaint.
Legal practitioners
If you have a complaint about your legal practitioner you can contact the Victorian Legal Services Board and Commissioner.
The Charter of Human Rights and Responsibilities Act 2006
Complaints regarding whether administrative actions taken by a public sector organisation are not compatible with the Charter can be made to the Victorian Ombudsman.
Complaints about discrimination, sexual harassment, racial or religious vilification and victimisation can be made to the Victorian Human Rights and Equal Opportunity Commission.
Criminal offences
Suspected criminal conduct should be reported to Victoria Police.
- If you require legal protections to protect you from potential payback for making your complaint, and your complaint is about corruption or other misconduct, you may wish to consider making a public interest disclosure (PID) by completing a PID form. For more information about making a PID, visit our Public Interest Disclosures page.
- If you wish to make a PID about us or our officers you must make your PID to the Victorian Parliament's Integrity and Oversight Committee (IOC) or to a Presiding Officer. Presiding Officers of Parliament are the Speaker of the Legislative Assembly and the President of the Legislative Council. For more information, visit the Parliament of Victoria website.
- Please consider your privacy and whether you wish to make an anonymous complaint to us.
- If you are complaining on behalf of another person, you must have their written consent before submitting their complaint to us.
It is an offence to deliberately make a statement to the VI that is false or misleading in a material particular.
If you seek legal protections to protect you from potential payback for making your complaint, and your complaint is about corruption or other misconduct, you may make a public interest disclosure (PID) under the Public Interest Disclosures Act 2012 (PID Act).
Our PID form provides relevant information to help you make a PID.
We will consider whether your complaint should be handled as a PID under the PID Act, regardless of whether you use the complaints form or the PID form, unless you have confirmed by marking the complaint form that your complaint is not a PID.
If the VI determines that a disclosure is a public interest complaint (PIC) in relation to IBAC, an IBAC officer or a Public Interest Monitor, the VI must investigate the PIC unless the VI considers:
- the subject matter of the PIC is trivial
- the PIC is frivolous or vexatious
- the PIC lacks substance or credibility
- the PIC was not made genuinely or was for a mischievous purpose
- the conduct the subject of the PIC does not amount to improper conduct under the PID Act
- the conduct the subject of the PIC does not amount to detrimental action against a person under section 45 of the PID Act
- investigation of the PIC would prejudice any criminal proceedings or criminal investigations.
- the person who made the disclosure that was determined to be a PIC made the disclosure more than 12 months after becoming aware of the disclosed matter and fails to give a satisfactory explanation for the delay in making the disclosure.
If the VI refuses to investigate a PIC, the VI will provide written advice of the refusal and the reasons for the refusal within a reasonable time.
If the VI decides to investigate a PIC, the discloser will be notified of this decision in writing, unless the VI considers that advising the discloser may lead to adverse outcomes–refer to our PID guidelines for further information.
Offence
If a discloser is advised by the VI that the VI intends to investigate a PIC under section 44 of the VI Act, the discloser must not disclose the content of that advice except in specified circumstances.
The specified circumstances are set out in section 97AA(4) of the VI Act. For example, disclosures can be made to:
- obtain information, documents or other things so that you can comply with a witness summons, confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice
- obtain legal advice or representation about these matters or your rights, liabilities and obligations under the PID Act
- your spouse or domestic partner
- your employer or manager
- seek advice or support from a registered health practitioner, trade union or employee assistance program
- the Integrity and Oversight Committee to make a complaint.
This offence carries a fine of up to 60 penalty units or 6 months imprisonment or both.
Similarly, the VI will provide information about the results of an investigation or inquiry relating to a PIC to the discloser, unless the VI considers that advising the discloser may lead to adverse outcomes. Refer to our PID guidelines for further information.
Making your complaint
It is best to make your complaint in writing, as it means we will have a permanent record of exactly what you have to say. To make it easier for you, we suggest you make your complaint using our online complaint form.
If you would like to use our online complaint form you will be directed to a website secured by Elker where you can make a complaint.
You will be required to answer a series of questions which will help us assess your complaint.
Once you have submitted your complaint, you can remain in contact with us via encrypted messaging, as well as accessing updates about your matter. In this way, if you wish to remain anonymous, we can still communicate with you and progress your complaint.
You can also submit your complaint by completing the form below and returning it by email our post. Our email address is info@vicinspectorate.vic.gov.au and our postal address is PO Box 617, Collins Street West, Melbourne VIC 8007.
Complaint form(opens in a new window)PDF 220.91 KBNeed help?
If you need help completing this form, contact us on 1800 518 197.
If you have difficulty speaking English, you can get help from the Translating and Interpreting Service (TIS) on 131 450.
Please note: If you wish to make a PID, complete a PID form which can be found on our PID page.
In handling your complaint, we will undertake the following steps:
- consider whether we are the appropriate body to receive and investigate your complaint
- consider whether your complaint needs to be handled as a PID
- make enquiries to get relevant information or documents regarding your complaint
- review how best to resolve your complaint, including considering whether your complaint needs to be formally investigated
- where appropriate, address the issues complained about with the body you made a complaint about, which may include providing that body with formal or informal feedback or recommendations about improving the performance, compliance with, or exercise of their functions, powers or duties
- advise you of the outcome of your complaint.
The principles which guide how we will handle your complaint, include:
- providing accessible, no-cost and simple methods for complainants
- acknowledging and progressing complaints as quickly as we can
- providing transparent information about how we assess complaints
- protecting the privacy of complainant information as required by law
- treating everyone involved in a way that is objective, respectful and fair
- considering and respecting human rights
- promoting accountability for decisions
- acting on issues identified through our assessment of complaints by engaging with bodies to achieve improvements in the integrity system.
We are committed to ensuring that everyone who contacts us is treated fairly. This means the right to:
- have your complaint heard
- be given the opportunity to provide additional information to support your claim
- have decisions that affect you made without bias
- be given reasons for those decisions.
We have the freedom to decide whether or not we will formally investigate your complaint.
In exercising this discretion, we will consider a number of factors, including:
- how best to resolve your complaint
- the subject matter and seriousness of the conduct reported
- whether your complaint has substance and is credible
- whether your complaint has already been investigated
- whether we can get information relating to your complaint
- whether we have the resources to investigate your complaint.
We have the freedom to decide whether or not we will formally investigate your complaint.
Offence
If a complainant is advised by the VI that the VI intends to investigate a complaint under section 43 of the VI Act, the complainant must not disclose the content of that advice except in specified circumstances.
Similarly, if a complainant is advised about the results of an investigation or inquiry, it is an offence to disclose this information except in specified circumstances.
The specified circumstances are set out in section 97AA(4) of the VI Act. For example, disclosures can be made to:
- obtain information, documents or other things so that you can comply with a witness summons, confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice
- obtain legal advice or representation about these matters or your rights, liabilities and obligations under the PID Act
- your spouse or domestic partner
- your employer or manager
- seek advice or support from a registered health practitioner, trade union or employee assistance program
- the Integrity and Oversight Committee to make a complaint.
This offence carries a fine of up to 60 penalty units or 6 months imprisonment or both.
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