Document thumbnail

NSW Ombudsman Annual Report 2024 25

PDF - 10MB

Download now

Summary

The NSW Ombudsman Annual Report 2024-25 outlines our work over the past financial year in pursuing fairness for the people of NSW.

Image
Image
Image

Ombudsman's message

It is a privilege to present my fifth Annual Report as Ombudsman, particularly in this year when the NSW Ombudsman celebrates 50 years of pursuing fairness for the people of NSW.

I am honoured to hold the role during such a significant milestone, as we highlight the achievements and progress made over the past 5 decades, reflect on the enduring legacy of our work, and look ahead to the continuing importance and impact of our functions into the future.

To those seeking to understand the role, functions and impact of this office since its establishment in 1975, I recommend our publication, 50 years pursuing fairness for NSW 1975–2025, authored by Dr Lisa Murray and released this year to coincide with our public exhibition at NSW Parliament House.

Looking to more recent times, this year also marks the final year of our 2020–25 Strategic Plan. Reflecting on the beginning of that plan provides significant context to how far we have come in a relatively short space of time. When the plan was launched we were in the midst of the COVID-19 pandemic, in a situation of chronic underfunding, and burdened with outdated processes and IT systems. At the same time, significant elements of our better-funded and high-profile jurisdictions had moved over to other bodies – including NSW Police complaints, and reportable conduct allegations in disability and child-related workplaces.

Through sustained effort and the implementation of our 2020–25 Strategic Plan, we have seen a significant transformation. We have re-invested and re-focused on our core role as Ombudsman – the pursuit of fairness in public administration and in the delivery of services with public funds. This includes enhancing our complaints and investigations capabilities, providing ongoing monitoring and oversight of systems and programs, as well as contributing to providing educational and resource support to empower agencies to improve themselves and prevent maladministration before it happens.

With improved Government commitment to both the independence and adequacy of our funding, we have re-built our resourcing, with staff numbers bouncing back from an historic low 5 years ago of around 120, to now over 250 people this year. Through the ongoing transition to cloud technologies, a redesigned website, new AI assistant, and case management system upgrade, we are increasingly focused on improving the efficiency, security and customer experience for those engaging with our office.

The core role of the Ombudsman continues to grow and in 2024–25, we saw a 22% increase in contacts received and a 15% rise in actionable complaints received. At the same time, the number of complaints on which we have taken investigatory action has also been increasing – all actionable complaints we receive are assessed, with 23% the subject of further action such as preliminary inquiries (informal investigation) and conciliation.

Our formal investigations work has continued to expose and correct serious and systemic instances of maladministration. This year, the impact of this work has included Corrective Services NSW commencing a wholesale review of the system of inmate discipline within correctional institutions.

Following the commencement of the Public Interest Disclosures Act 2022 (PID Act) in October 2023, we held the inaugural PID Awareness Week in 2024, continuing our support to agencies in their work to implement the new PID Act and embed a speak-up culture. This work has further expanded with the formation of our Whistleblower Support Team, which provides confidential and impartial support to NSW public officials who have reported, or are thinking of reporting, serious wrongdoing.

We also saw the creation of a Complaint-Handling Systems Review Unit in 2024–25, which is tasked with engaging with agencies and conducting reviews on the complaint-handling systems of public authorities and community service providers. A self-assessment review of agencies’ complaint-handling practices and a complaint-handling staff survey have been launched, and we anticipate reporting on these in the coming year.

An important role of the NSW Ombudsman over the years has been to support Parliament by conducting and reporting on the operation of new legislative schemes and powers – with past reviews including Police use of drug dogs and consorting laws. This year, we tabled our first review report on the Mandatory Disease Testing Act. Our core recommendation was that consideration be given to whether the Act should be continued, and the Government is now consulting publicly on our recommendations in its statutory review of the Act.

Another seminal report we published in 2024–25 is OCHRE 2024: Current status and future direction, examining the Government’s flagship Aboriginal affairs program. The report’s core recommendation was “that the NSW Government unequivocally recommit to OCHRE as the state’s overarching plan for Aboriginal affairs”, and we await the Government’s substantive response to our recommendations.

In total, during this reporting period we tabled 4 statutory reports and 7 special reports, which are outlined in Section 3.2 (‘Public Reports’) of this publication.

As one Strategic Plan ends, we embark on the next exciting chapter for the Ombudsman. Since the reporting period ended, I was proud to launch the new 2025–30 Strategic Plan, supported by the implementation of a new executive structure aimed at maximising our impact.

I look forward to working with the executive and our dedicated staff towards our renewed key priorities as the Ombudsman embarks on the next 50 years.

A big thank you goes to everyone working at the Ombudsman for your commitment towards pursuing fairness for the people of NSW. The Ombudsman is about much more than one position. It is built on the collective contributions of hundreds of individuals, without whom we would not achieve the outcomes and impact we continue to strive towards.

Paul Miller

NSW Ombudsman

2024–25 NSW Ombudsman snapshot

Image
Image
Image
Image
Image
Image

1. Overview

1.1 The NSW Ombudsman

The NSW Ombudsman is an independent integrity agency that pursues fairness for the people of NSW. We strive to ensure that those entrusted with public power and resources fulfil their responsibilities and treat everyone fairly.

One of our central functions is to receive and respond to complaints from the public about NSW public authorities and community service providers funded by the NSW Government.

Anyone can complain to us if they believe they have been treated unfairly by any of the bodies we oversight, or to report concerns about possible maladministration.

Our services are free to the public. We are fully independent and we act impartially in the public interest.

People who complain to us are protected by law if anyone tries to retaliate against them for making a complaint. Additional protections apply for public official whistleblowers who report serious wrongdoing to us under the Public Interest Disclosures Act 2022.

The NSW Ombudsman can investigate when we suspect serious maladministration, whether as a result of complaints or reports we have received, or on our own motion. Maladministration is when administrative conduct is unlawful, unjust, unreasonable, improperly discriminatory or otherwise wrong. We can also investigate and make findings when administrative conduct is lawful and in accordance with established practice, but where the law or practice is itself unjust, unreasonable or improperly discriminatory.

As well as dealing with complaints and investigating serious wrongdoing, we proactively monitor and review certain public and community sector services and systems.

We can:

  • monitor and assess the delivery of the NSW Government’s Aboriginal programs
  • oversight the operation of the public interest disclosures (PID) scheme
  • monitor and review the provision of NSW Government- funded community services
  • review the systems and practices that public authorities and service providers themselves use to deal with the complaints they receive
  • monitor the operation of the mandatory disease testing scheme
  • receive notifications when children and young people are segregated in detention.

In connection with these functions, we aim to support public sector agencies and community service providers by providing guidance and training, with a view to helping them to improve their services and avoid maladministration in the future.

We also review the deaths of certain children and convene the Child Death Review Team (CDRT), which registers and conducts research on child deaths in NSW. Our focus in this work is on the child protection, health and other public and community services systems, with a view to identifying lessons and improvements that may prevent or reduce the risk of future deaths.

We must conduct most of our complaint-handling, investigations and other functions confidentially. However, as an independent integrity agency we report directly to Parliament. We are required to report to Parliament periodically on our various work and activities, and we can also make a special report to Parliament at any time, on any matter of public interest relating to our functions.

The principal legislation under which we currently operate is:

  • Ombudsman Act 1974 (Ombudsman Act)
  • Community Services (Complaints, Reviews and Monitoring) Act 1993 (CS CRAMA)
  • Public Interest Disclosures Act 2022 (PID Act).

Our statutory functions

Complaint-handling

We receive complaints over the phone, in person or in writing, including via our online complaint form.

Any person can complain to us about:

  • the conduct of a ‘public authority’: any action or inaction, or alleged action or inaction, relating to a matter of administration (unless it is excluded conduct) — Ombudsman Act
  • the conduct of ‘service providers’ with respect to the provision, failure to provide, withdrawal, variation or administration of a community service — CS CRAMA.

We can also receive and deal with PIDs about serious wrongdoing in the public sector, which are disclosed to us by public officials under the PID Act. Such a disclosure could be both a PID (under the PID Act) and a complaint (under the Ombudsman Act).

We can generally deal with complaints about the conduct of:

NSW state government departments

As at the date of this report, there are 12 principal departments:

  1. Premier’s Department
  2. The Cabinet Office
  3. Department of Education
  4. Department of Climate Change, Energy, the Environment and Water
  5. Department of Creative Industries, Tourism, Hospitality and Sport
  6. Treasury
  7. Department of Planning, Housing and Infrastructure
  8. Ministry of Health
  9. Department of Transport
  10. Department of Primary Industries and Regional Development
  11. Department of Communities and Justice (DCJ)
  12. Department of Customer Service.

Local health districts, health specialty networks and hospitals

Public schools, TAFE NSW and other statutory education bodies

These include TAFE Digital and the NSW Education Standards Authority.

Custodial services

This includes Corrective Services NSW and Youth Justice NSW (Youth Justice) (a division of DCJ), and the Justice Health and Forensic Mental Health Network. We can also deal with complaints about the state’s privately-run correctional centres.

Other NSW government entities in our jurisdiction, including:

  • NSW Government agencies — such as Fire and Rescue NSW and the Office of Sport
  • statutory bodies — such as NSW Trustee and Guardian, the Rental Bond Board, the Health Care Complaints Commission, the NSW Land and Housing Corporation, the Art Gallery of NSW and other NSW cultural agencies
  • state-owned corporations — such as Sydney Water, Water NSW, Essential Energy and Forestry Corporation
  • public universities established under NSW legislation (noting the National Student Ombudsman (NSO) commenced operation on 1 February 2025, and we have made an agreement with the NSO in relation to referral of complaints).

Local government

This includes councils, county councils and joint organisations. We can handle complaints about the conduct of councillors and council employees, and the administrative conduct of the council itself.

Community service providers

Under CS CRAMA, we handle complaints about:

  • services provided under community welfare legislation by DCJ
  • services provided by entities that are funded, authorised or licensed by the Minister for Families and Communities, the Minister and for Disability Inclusion, the Minister for Seniors, and certain other entities.This includes the following types of services and service providers:
  • child protection
  • out of home care (OOHC) and permanency support
  • early intervention and family support services

short-term accommodation and homelessness support.

Own motion matters

We can examine conduct of the agencies and officials referred to above even if we have not received a specific complaint about that conduct. Inquiries or investigations initiated by us (‘own motion’ matters) can arise from information that comes to our attention through a range of means, including our various monitoring functions and our community engagement activities.

Image

What we cannot do

The Ombudsman Act prevents us from receiving and handling certain complaints. For example, we cannot deal with complaints about the conduct of:

  • government ministers
  • Parliament and members of Parliament
  • judges and courts
  • NSW Police Force (complaints about which can be made to the Law Enforcement Conduct Commission).

We cannot deal with complaints about the Australian Government and its agencies. The Commonwealth Ombudsman is the corresponding ombudsman at the Commonwealth level to receive complaints about Commonwealth agencies.

We generally cannot deal with complaints about private companies or individuals. In some industries there is a dedicated ‘industry ombudsman’ who can handle such complaints, such as the Energy and Water Ombudsman NSW and the Australian Telecommunications Industry Ombudsman.

If people contact us with a complaint that we are not able to handle, we help them find the right place for their complaint.

Investigation

While we take investigatory action in respect of many complaints, most complaints do not result in an ‘investigation’ under the Ombudsman Act. Generally, only those complaints or own motion inquiries that identify potentially serious or systemic maladministration are the subject of a formal investigation. Formal investigations result in reports that include any findings of wrong conduct and may include recommendations for action.

Review of agencies’ complaint-handling systems

Public authorities and community service providers will have their own systems for handling complaints. Agencies have their own complaint management systems. We usually expect people to contact the agency first about their complaint before making a complaint to us. If this is hard to do or someone does not feel safe doing this, we help them.

Complaints often come to us because an agency’s systems have failed to result in a satisfactory resolution of the complaint.

Under the Ombudsman Act (for public authorities) and CS CRAMA (for service providers), as well as handling individual complaints, we are able to conduct a proactive review into a complaint-handling system, to ensure it is functioning effectively and fairly, and in accordance with good practice.

Monitoring and assessment of Aboriginal programs

We have an express legislative function to monitor and assess ‘Aboriginal programs’.

Under Part 3B of the Ombudsman Act we have responsibility for oversighting OCHRE (Opportunity, Choice, Healing, Responsibility, Empowerment) — the plan launched by the government in April 2013 and coordinated by the Premier’s Department (Aboriginal Affairs NSW). OCHRE commits the NSW Government to working with, and in support of, Aboriginal communities by building strong working partnerships, which have at their heart respect for local Aboriginal culture, leadership and decision-making.

Since August 2024 we also have the discretion to monitor and assess any other NSW Government programs primarily directed to the health, or cultural, economic, educational or other wellbeing, of Aboriginal persons or communities.

Our office monitors and assesses Aboriginal programs by engaging with key stakeholders, visiting communities and attending community forums. We provide feedback to agencies and partners to enable them to address any issues we identify.

We also table public reports on our oversight of Aboriginal programs in Parliament as required.

Oversight of public interest disclosures scheme

The Ombudsman has responsibility to oversight the PID Act. Our functions include to:

  • promote public awareness and understanding of the PID Act and to promote the objects of the PID Act
  • provide information, advice, assistance and training to agencies and public officials on matters relevant to the PID Act
  • publish guidelines and other materials for the assistance of:
    • agencies in connection with their functions under the PID Act
    • public officials and other persons in connection with the operation of the PID Act and the protections available to them under the PID Act
  • audit and monitor the exercise by agencies of their functions under the PID Act, other than functions exercised by an integrity agency in relation to disclosures that do not relate to the integrity agency
  • provide reports and recommendations to the Minister (currently the Premier and Special Minister of State) about proposals for legislative and administrative change to further the objects of the PID Act

perform other functions conferred on the Ombudsman by or under the PID Act.

The Ombudsman also chairs, and staff provide secretariat support to, the PID Steering Committee, which provides advice on the operation of the PID system and on possible legislative reforms.

Community services monitoring, reviews and inquiries

Under CS CRAMA we monitor and review the delivery of community services. This includes community services that are provided by the non-government sector with funding or authorisation from the NSW Government.

Our functions include to:

  • review, on application or on the Ombudsman’s initiative, the situation of a child or a person in care (or a group of children)
  • monitor and review the delivery of community services, inquire into matters affecting service providersand receivers, and make recommendations for improvements in the delivery of community services
  • review and report on the systems of community service providers for handling complaints.

Mandatory disease testing

We monitor and report on the operation and administration of the Mandatory Disease Testing Act 2021 (MDT Act), including how agencies exercise their functions under the Act. The Act provides for the mandatory blood testing of a person. This can occur when:

  • the person’s bodily fluid comes into contact with a health, emergency or public sector worker, as the result of the person’s deliberate action, and
  • the worker may be at risk of contracting a blood-borne virus.

Agencies must notify us after determining a mandatory testing order application. The Chief Health Officer must also notify us following determination of a review.

Reviewing the deaths of children

Under Part 6 of CS CRAMA, we review deaths of children who were in care or detention, and children who died as a result of abuse or neglect, or whose death occurred in circumstances suspicious of abuse or neglect.

Under Part 5A of CS CRAMA, we also convene and support the NSW CDRT, which examines and maintains a register of all deaths of children in NSW and undertakes research to prevent or reduce the risk of child deaths in the future.

Monitoring the segregation of detainees in youth detention

Under the Children (Detention Centres) Regulation 2015, Youth Justice is required to notify us if a young person in detention is segregated for more than 24 hours. We are also notified if a young person is separated for more than 24 hours (for example, because of medical advice). These notifications allow us to examine the circumstances of the segregation or separation and to make inquiries if appropriate.

Special reports to Parliament

We are required to make various annual and other periodic reports to Parliament in respect of specific functions. These include an annual report on our work oversighting the PID Act, a report every 3 years on our work monitoring the operation of the MDT Act, an annual report on our work convening the CDRT, and a report every 2 years that analyses the deaths of children in NSW.

Under section 31 of the Ombudsman Act, we can also make special reports to Parliament at any time on any matter arising in connection with the discharge of any of the Ombudsman’s functions.

1.2 Organisational structure

The following chart shows the Ombudsman’s current organisational structure as at the date of publication of this report. This follows an organisational restructure that was finalised on 13 October 2025.

The organisational structure that was in place during 2024–25 is set out in Section 4.

Image

Find out more about our Ombudsman and current Executive here.

Former Executives during 2024–25

  • Leanne Townsend - Deputy Ombudsman, Aboriginal Programs (until 22 October 2025)
  • Monica Wolf - Chief Deputy Ombudsman and Commissioner for Community Services (until 27 June 2025)
  • Louise Lazzarino - Deputy Ombudsman, Systems Oversight (until 20 June 2025)
  • Leonie Muldoon - Director, Enabling Services (until 30 May 2025)
  • Jacqueline Fredman - Deputy Ombudsman, Complaints & Resolution (until 16 May 2025)

As at 30 October 2025, the following Executive roles are being recruited, with temporary acting arrangements in place:

  • Deputy Ombudsman, Capacity Building & Education Services
  • Director, Information Technology & Artificial Intelligence
  • We intend commencing recruitment for the Deputy Ombudsman, Aboriginal Programs before the end of the year.

1.3 Factors affecting us in 2024–25

In 2024–25, the NSW Ombudsman was allocated a budget of $56.8 million recurrent expenditure and $6.9 million capital expenditure.

2025–26 budget allocation

For 2025–26, the NSW Ombudsman has been allocated a budget of $58.6 million recurrent expenditure and

$11.4 million capital expenditure. Capital expenditure includes $6.2m related to new occupancy agreements (leases) for our office accommodation.

Charter of Independence for NSW Integrity Agencies

We reported last year that the government issued Treasurer’s Direction TD24-12 Charter of Independence for NSW Integrity Agencies on 6 August 2024. The Charter is designed to safeguard the independence of integrity agencies when engaging with The Cabinet Office, Premier’s Department and Treasury concerning their financial arrangements and management practices.

Changes in Acts and subordinate legislation

During the reporting year, the following amendments were made to legislation relevant to the Ombudsman’s functions:

  • The Government Sector Finance Act 2018 was amended to provide for new funding arrangements for the

NSW Ombudsman and other integrity agencies. The amendments are aimed at safeguarding the independence of integrity agencies and enhancing transparency in funding.

The amendments require the Treasurer to write to the agencies confirming the amounts to be appropriated each year, and to consider certain factors when deciding applications from integrity agencies for contingency funding.

  • Ombudsman and Other Legislation Amendment Act 2024: The changes made to the Act include:
    • A broader definition of ‘Aboriginal programs’ was introduced, which means that, in addition to OCHRE, we may now monitor other NSW Government programs primarily directed to the health, or cultural, economic, educational or other wellbeing, of Aboriginal persons or communities. This ensures we can continue to provide comprehensive and independent oversight of Aboriginal programs in NSW.
    • Public authorities now have an express statutory duty to co-operate with and use their best endeavours to assist the Ombudsman when we carry out our functions. It means, for example, that public authorities are required to co-operate and assist when we make preliminary inquiries or other requests for information or assistance.
    • The power to make preliminary inquiries has been made available for the exercise of all functions, and not only in the handling of a complaint. This clarifies and extends the protection for agencies when responding voluntarily to inquiries made by the Ombudsman. That protection now applies to inquiries in aid of any of our functions, including inquiries we make to determine if we have jurisdiction, as well as inquiries made in support of functions under other Acts, including CS CRAMA.
    • The exclusion from our jurisdiction of privacy- related complaints has been clarified. Going forward, a privacy-related matter is only excluded from our jurisdiction where it involves conduct that can be the subject of a complaint to the Privacy Commissioner.
    • Changes were made to confirm that the Ombudsman may provide education and training services in any area relating to our functions. It also confirms our ability to charge reasonable fees for doing so.
  • Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024: This Act amended the jurisdiction of the Ombudsman to include approved charitable organisations that have a role in animal welfare under the Prevention of Cruelty to Animals Act 1979. Currently, this means the Animal Welfare League NSW and RSPCA NSW.

Significant judicial decisions

There were no significant judicial decisions directly relating to the Ombudsman or our functions and services.

The Optional Protocol to the Convention Against Torture (OPCAT) was due to commence in Australia by 20 January 2023. It requires all Australian jurisdictions to appoint a National Preventive Mechanism (NPM) to inspect and report on places of detention.

We note again, as we have done in previous reports, that NSW has still neither introduced legislation nor announced an NPM to facilitate the commencement of OPCAT.

While the matter is one for Parliament and the government, we have advised the NSW Government that, if appropriately resourced, we are well placed to take on a role of NPM for NSW, at least in respect of those places of detention over which we already have jurisdiction (correctional centres, transitional centres, the Forensic Hospital, 24-hour court cells and youth justice centres) and for other places of detention if desired, such as secure units in health and disability facilities and certain residential OOHC residences.

In August 2024 the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission published its report on the 2023 review of the annual and other reports of oversighted agencies.

The Committee noted its concern about ‘ongoing inaction’ implementing OPCAT in NSW and recommended:

That, in accordance with the Optional Protocol to the Convention Against Torture, the NSW Government nominate a National Preventative Mechanism for New South Wales as a matter of priority.1

The Government response tabled on 13 December 2024 stated:

The NSW Government supports the Optional Protocol to the Convention Against Torture (OPCAT) in principle, subject to the resolution of ongoing funding and operational issues. The NSW Government is engaged in constructive discussions with the Commonwealth about the implementation of OPCAT in NSW and is committed to continue working cooperatively and progressively with the Commonwealth towards compliance with OPCAT. Accordingly, the New South Wales Government is not in a position to make a determination about a National Preventative Mechanism for NSW until resource and operational issues with the Commonwealth are resolved.2

Ombudsman committee report

On 23 October 2025 the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission published its report on the 2024 review of the annual and other reports of oversighted agencies. The report was a comprehensive review of the 2023–24 reporting period. The committee’s commentary on the Ombudsman’s Office was overall positive, and no recommendations were directed to the Ombudsman. The committee commended our office’s project that mapped the use of automated decision-making in the NSW public sector. We were also commended for establishing the new Whistleblower Support Team – to provide impartial support to public officials who have made, or who are considering making, a PID. The important work of the CDRT was also acknowledged bythe committee; noting that most of the CDRT’s 2022-2025 Strategic Priorities were completed or in progress.

The Ombudsman committee also recently released its report on the review of our 2025–26 Budget appropriation.

1.4 Organisational outlook

In 2024–25, we commenced transitioning to a new executive leadership structure to support the delivery of our new 5-year strategic plan, and in recognition of the organisational changes that have occurred over the last few years.

Recruitment for the new executive structure will be finalised in 2025–26, including appointments of additional executive roles for: complaint resolution, sector education and capacity building, and an executive role to lead technology, including innovations in artificial intelligence.

As noted in the Ombudsman’s message, we have developed a new strategic plan for 2025–30. This has been shaped by our people, and guided by our legislative functions, the expectations of our stakeholders and the changing environment in which we operate.

With the aim to focus and streamline our efforts for the greatest impact, implementation of the new plan begins in 2025–26 with an office-wide action plan, further supported by comprehensive planning at a branch and unit level.

Image

2. Strategy

2.1 Strategic highlights

Strategic Plan 2020–25

Our Strategic Plan 2020–253 identified the 4 outcomes we need to achieve to help realise the plan’s vision that: Everyone receives the right services and fair treatment from those we oversight.

Outcome 1 is about ensuring that the people of NSW are satisfied with our customer service. To achieve this outcome, we: listen to their complaints or questions; provide information and guidance; provide an impartial assessment of an agency’s conduct; help where possible to conciliate and resolve complaints; and, where necessary, investigate matters of serious or systemic concern.

Outcome 2 aims to support democratic principles and the rule of law, and to ensure citizens are protected from abuse of power and unfair treatment, by holding public authorities and community service providers to account when they engage in wrong conduct.

Outcome 3 is about fostering enduring reforms that prevent future failings and improve public administration and service delivery. This includes by helping government and service providers to learn from complaints and reviews; promoting public sector whistleblowing; providing advice, suggestions and recommendations that are evidence-based, realistic and effective; and providing education and training to government agencies and service providers to encourage good administrative practice and build capability.

Outcome 4 is about providing a trusted source of independent advice to Parliament. Although we are independent of all stakeholders, we report directly to the Parliament of New South Wales, in its capacity as the representative body of the people.

See Section 3.2 for information on our work towards achieving each of those 4 outcomes.

Our Strategic Plan 2020–25 articulated:

  • The strategic initiatives we would pursue over the period of the plan, each of which is linked to 1 or more of our 4 outcomes.4 An annual plan was developed each year for the activities we would carry out in respectof those strategic initiatives. Implementation of the annual plan was overseen by the Executive team with tracking of progress completed on a quarterly basis. Some of our highlights from 2024–25 can be found in Section 2.3.
  • Progress towards achieving our 4 strategic outcomes to be measured by reference to a series of key performance indicators (KPI) ascribed to each outcome. Performance against KPIs is set out in Section 3.3.

2.2 Strategic Plan 2020–25 on a page

The following is a summary of our Strategic Plan 2020–25:

Image

2.3 Strategic action plan highlights

With the aim of finalising our current 5-year strategic plan, 2024–25 focused on actions grouped by 5 key themes:

  • Services and impact
  • Leadership and governance
  • Engagement and relationships
  • People and culture
  • Systems and processes.

  • Transitioned our complaint-handling function to a more streamlined, end-to-end complaint-handling system with 5 sector-based streams supported by a phone concierge team as a first point of contact for callers.
  • Strengthened our complaint-handling system review function with recruitment to team roles, implementation of an operating model and commencement of a self-assessment review to map the complaint-handling systems of the NSW government sector.
  • Established a Whistleblower Support Team with dedicated staff providing a space for public officials to discuss any concerns about serious wrongdoing, ask questions about public interest disclosure (PID) processes and explore their options.
  • Commenced a PID audit program under the new whistleblower scheme including implementation of a framework, processes and self-assessment baseline audits.
  • Increased the number of complaint matters handled through our conciliation service.
  • Tabled our first report on monitoring of the Mandatory Disease Testing Act 2021. The report set out our observations from monitoring the first 18 months of the scheme (from 29 July 2022–31 December 2023).5
  • Tabled 7 special reports to Parliament (see Section 3.2 for details of all 2024–25 public reports).

  • Developed a new executive leadership structure to ensure we have the right leadership roles in place to lead our new strategic direction and increase our impact.
  • Commenced development of a new office strategic plan and Child Death Review Team strategic plan.
  • Undertook a project to refresh our policy framework and completed an audit of all office policies and procedures.
  • Commenced work on AI Fundamentals e-learning course for all Ombudsman staff to grow capabilities.

  • Held the inaugural PID Awareness week to raise awareness and understanding of the Public Interest Disclosures Act 2022, and the importance of a speak-up culture for all public officials in NSW.
  • Published a refreshed Apologies Guide6 and the 4th edition of the Effective Complaint Management Guidelines7 along with e-learning and fact sheets to support agencies with enhanced capability.
  • Launched our new website and artificial intelligence (AI) assistant to help stakeholders access our services and information.
  • Established a Complaint-handling Community of Practice to bring together professionals dedicated to improving complaint-handling practices.
  • Published a draft document8 for external feedback, setting out our commitment to upholding the rights of all children and promoting their safety, welfare and wellbeing in its processes, decisions and actions.
  • Invited submissions for our inquiry into Intensive Therapeutic Care.
  • Participated in a range of forums with other Australian and New Zealand Parliamentary Ombudsman offices to share our experiences.
  • Co-hosted the 14th National Investigations Symposium with the NSW Independent Commission Against Corruption and the NSW Chapter of the Institute of Public Administration Australia.
  • Held a fourth Integrity Agencies Symposium providing development opportunities for staff to gain experience presenting and learn more about the role and work of other integrity agencies.
  • Presented to members of Parliament and staff from electorate offices about our office and how we can assist them with handling complaints.
  • Published the NSW Ombudsman Multicultural Plan demonstrating our commitment to people from culturally diverse backgrounds and outlining the actions being taken to improve our service delivery towards enhancing the diversity and inclusivity of our workplace.

  • Developed our draft Reflect Reconciliation Action Plan and provided to Reconciliation Australia for review.
  • Launched a new recruitment system to support more streamlined processes and improve the hiring manager and candidate experience.
  • Developed Managing Underperformance Guidelines to support managers and employees achieve and maintain capabilities aligned to their role.

  • Completed the first phase of our new Case Management System with implementation across complaint-handling function.
  • Completed the first phase of a Records and Information Management Program, including the implementation of systems and processes to support greater visibility and improved management of records throughout their lifecycle.
  • Commenced work to complete a suite of branch-level KPIs across all functions and internal services.
  • Rolled out a new telephony system enabling staff to make and receive calls via their laptop.

3. Operations and Performance

3.1 Connecting with us

Accessing our services

We strive to be accessible to everyone and offer multiple ways to get in touch, including our online complaint form, phone and in-person visits to our office, or appointments at our office. Additionally, individuals can share their concerns with our staff during community outreach events or approach us directly at correctional or youth justice centre visits.

Some community members may be less likely to access our services without assistance — the very factors that may contribute to a person needing the help of the Ombudsman may also limit their ability or willingness to approach or engage with us. We undertake a range of community outreach activities to reach those who may not have knowledge of our office or our services, or may otherwise face impediments to accessing our services.

Contacts to our office

We categorise contacts received by our office into 6 categories (see Appendix for more detail):

  1. Actionable complaints — complaints about a public authority or community service provider that we are authorised to deal with under the Ombudsman Act 1974 (Ombudsman Act) or the Community Services (Complaints, Reviews and Monitoring) Act 1993(CS CRAMA).
  2. Excluded complaints complaints about a public authority or community service provider that we are not authorised to deal with because the complaint is about ‘excluded conduct’ as set out in Schedule 1 of the Ombudsman Act.
  3. Requests for information where someone is not complaining but asking for our help or advice.
  4. Notifications where agencies report things to us because they are legally required to do so (for example, when a young person is segregated alone in a youth justice centre for 24 hours or more).
  5. Misdirected complaints where someone contacts us about a person or body that is not a public authority or a community service provider, and over which we have no jurisdiction (such as a banking provider or an Australian Government department).
  6. ‘Feedback Assist’ — where our office assists with identifying the appropriate agency to manage feedback (complaints, compliments or suggestions) provided by the public via a NSW Government ‘Feedback Assist’9 widget or another agency’s website.

We can examine the conduct of agencies even if we have not received a specific complaint about that conduct. Inquiries or investigations initiated by us — ‘own motion’ matters — can arise from information that comes to our attention through a range of means including our various monitoring functions and our community engagement activities. In 2024–25, we opened 43 own motion matters.

Figure 1: How we received contacts10

Image

Contacts received in 2024–25

In 2024–25 we received 36,167 contacts. This represents a 22% increase in the number of contacts received from the previous year (29,644). The number of actionable complaints increased by 15%.

Figure 2: Contacts received

Actionable complaints

16,960

Misdirected complaints

11,063

Requests for information

4,690

Excluded complaints

1,701

Notifications

1,390

Feedback Assist

8

Total*

36,167

*The total includes 355 contacts that were pending assessment as of 30 June 2025.

Figure 3: Contacts and actionable complaints received over 5 years

Image

Table 1: Notifications received by type

Notification type

Numer

Youth Justice separation

541

Youth Justice segregation

174

Deaths of children that occurred in NSW

423

Mandatory disease testing application determinations

43

Mandatory disease testing Chief Health Officer determinations of review

0

Public interest disclosure — arrangements to exercise functions on behalf of an agency

148

Public interest disclosure — detrimental action

34

Public interest disclosure — decision to cease or not investigate a disclosure

27

Total

1,390

The total number of youth justice notifications, regarding segregation and separation exceeding 24 hours, has decreased from 878 in 2023–24 to 715 in 2024–25. This is due to a drop in the number of notifications regarding separation, notably those in the security and safety, medical and classification categories.

The number of PID notifications about arrangements to exercise functions on behalf of an agency increased from 67 in 2023–24 to 148 in 2024–25.

The number of child deaths notified during the year (423) was similar to the previous reporting period (417: 2023–24).

The number of mandatory disease testing determinations (43) was similar to the previous reporting period (49: 2023–24).

Changes in contacts over time

The number of contacts we received in 2024–25 grew for a fourth consecutive year. The 22% increase in 2024–25 built on the 7% increase in 2023–24.

Despite the increase in contacts received, we saw the proportion of contacts within our jurisdiction drop. This was primarily due to a 50% increase in misdirected complaints. We receive misdirected complaints about a range of organisations, including the private sector (including telecommunications and internet providers, airlines, and other retailers and service providers), as well as in relation to Commonwealth issues (such as the National Disability Insurance Scheme (NDIS) and aged care provision) and government entities (such as Centrelink). When we receive a misdirected contact, we assist a complainant to navigate to the appropriate ombudsman or other complaint-handling avenue.

With our new website, online AI assistant providing 24/7 support and a complaints portal that integrates with our case management system set to be fully functional in 2025–26, we anticipate a reduction in misdirected complaints we receive moving forward as part of our complaint-handling.

Figure 4: Contacts received in jurisdiction over 5 years

Image

Access to digital services and self-navigation

In 2024–25, we launched a new website and integrated AI assistant as part of our commitment to improving accessibility and user experience across our digital services. These improvements were designed to help members of the public and future complainants self- navigate our processes, access our services, and identify the appropriate ombudsman or complaint-handling service for their issue.

The redesigned website offers a clearer, more intuitive structure and improved search functionality, making it easier for people to find relevant information quickly. Complementing this, the AI assistant provides a guided, conversational interface to assist complainants and agency staff in real time. It helps triage enquiries by directing people to the correct service pathway, answering questions about our services, and providing simple answers written in plain English.

Between 24 February 2025 and 30 June 2025, the AI assistant handled 1,186 conversations. These early adoption metrics and user feedback indicate that the new digital tools are positively contributing to how users navigate our website, helping more people reach the right information.

3.2 Reporting on our strategic outcomes

Under our Strategic Plan 2020–25, we used our 4 strategic outcomes as the basis for reporting our performance.

Our four outcomes

Complaints to us are resolved effectively and individuals are satisfied with our service

Public authorities and community service providers are held to account for serious failures, or unreasonable or wrong conduct

Improvements in public administration and community service delivery occur as a result of our work

Parliament gets support from us in the exercise of its functions.

Activities contribute to the delivery of multiple outcomes

Each of our 4 strategic outcomes are interrelated, and activities contribute to the achievement of multiple outcomes. For example, resolving complaints (Outcome 1) may result in an agency being held to account by findings of wrong conduct (Outcome 2). The resulting public report and recommendations can drive broader improvements in public administration (Outcome 3) at the same time as providing evidence for Parliament to scrutinise the government and pursue legislative reform (Outcome 4).

In this section we outline our work during 2024–25 and indicate graphically the extent to which our activities are contributing to each of the strategic outcomes.

Image

Initial assessment undertaken of 16,658 (100%) of actionable complaints finalised in 2024–25

We assess all the complaints we receive.

Many complaints are finalised at this stage, and without us making inquiries or otherwise engaging directly with the agency concerned. Complaints at this stage may be finalised by providing information and advice to the complainant — such as explaining the agency’s decision or actions, and why it does not appear to us on our impartial assessment that these have involved maladministration.

If a complainant has not already complained to the agency directly before contacting us, we may advise them to do so. This provides the agency with an opportunity to address their concerns. In suggesting this, while we finalise the complaint made to us, we also invite the complainant to come back to us if they are not satisfied with the agency’s response.

Figure 5: How we finalised complaints

Image

*This includes where we provided information/advice to allow the complainant to make their complaint to the agency and where we contacted the agency on the complainant’s behalf.

Figure 6: Time taken to finalise actionable complaints

Image

Complaints finalised by areas of jurisdiction

In 2024–25, we finalised 16,658 actionable complaints across all areas of our jurisdiction. As shown in Table 2, this includes complaints about state government, local government, privately managed correctional centres, public universities, NSW Government-funded community service providers, and other public authorities. Complaints about state government represent 70% of all complaints that we finalised in 2024–25 and includes complaints about correctional centres and corrections-related services, and community services provided by state government.

Type of agency/service provider

Number finalised

% of total complaints

State government

11,706

70%

Local government

2,907

17%

Privately managed correctional centres

1,035

6%

Public universities

602

4%

NSW Government-funded community service providers (non-government)

284

2%

Other*

124

1%

TOTAL

16,658

100%

*includes Local Aboriginal Land Councils and agencies that could not be grouped into the other categories.

Finalised complaints about state government

In 2024–25, we finalised 11,706 actionable complaints about NSW State government departments and their agencies and entities. We finalised most complaints about bodies in the Communities and Justice portfolio (6,641), followed by the Health portfolio (1,527) and the Customer Service portfolio (1,361).

Table 3: Finalised actionable complaints about NSW State government, by portfolio

Portfolios

Number finalised

% of total complaints about state government

Communities and Justice

6,641

59%

Health

1,527

14%

Customer Service

1,361

12%

Transport

623

6%

Education

533

5%

Treasury

158

1%

Planning, Housing and Infrastructure

147

1%

Climate Change, Energy, the Environment and Water

98

1%

Primary Industries and Regional Development

53

<1%

Creative Industries, Tourism, Hospitality and Sport

37

<1%

Premier's Department

4

<1%

Table 4: Finalised actionable complaints about NSW State government, by agencies/organisations/entities (top 15 by number)

Agency name

Number finalised

% of total complaints about state government

Corrective Services NSW

3,872

33%

DCJ Housing

1,456

12%

Justice Health and Forensic Mental Health Network

951

8%

Transport for NSW

614

5%

DCJ Community Services

567

5%

NSW Land and Housing Corporation

530

5%

Service NSW

470

4%

Revenue NSW

425

4%

NSW Trustee and Guardian

284

2%

TAFE NSW

196

2%

NSW Fair Trading

186

2%

icare (Insurance and Care NSW)

145

1%

NSW Department of Education

136

1%

NSW Registry of Births, Deaths and Marriages

136

1%

Legal Aid NSW

135

1%

Total

10,103

86%

Finalised complaints concerning people in custody or on a community corrections order

We finalised 4,590 actionable complaints (28% increase from 2023–24) about adult correctional centres in 2024–25. We finalised 951 actionable complaints about Justice Health and the Forensic Mental Health Network.

Complaints received from people in custody are primarily received by telephone (calls to our office are free and not monitored by prison authorities). We also receive complaints in writing and during visits to custodial facilities. This year we conducted 38 visits to adult custodial facilities (including 2 transitional centres). Some visits took place over multiple days.

Table 5: Finalised actionable complaints about adult correctional centres, including privately managed correctional centres (top 10 by number)

Correctional centre

Number finalised

% of total complaints about about adult correctional centres

Clarence Correctional Centre*

457

10%

Metropolitan Remand and Reception Centre

453

10%

Parklea Correctional Centre*

361

8%

Shortland Correctional Centre

321

7%

Mid North Coast Correctional Centre

304

7%

South Coast Correctional Centre

300

7%

Dillwynia Correctional Centre

263

6%

Metropolitan Special Programs Centre

262

6%

Bathurst Correctional Complex

207

5%

Junee Correctional Centre^

196

4%

*Privately managed correctional centres.

^Privately managed before returning to a government-managed centre as of 31 March 2025.

We receive the most complaints from large correctional centres and centres housing maximum security inmates. Actionable complaints from the top 10 centres (as per Table 5) represent 68% of all complaints about adult correctional centres that we finalised in 2024–25.

Finalised complaints about local councils

In 2024–25, we finalised 2,907 actionable complaints about local councils (9% increase from 2023–24).

Table 6 shows the 10 councils with the highest number of actionable complaints finalised. Actionable complaints about these councils represent 29% of all local government actionable complaints that we finalised in 2024–25.

Table 6: Finalised actionable complaints about local councils (top 10 by number)

Local council

Number finalised

% of total complaints about local councils

Rate of complaints per 100,000 residents*,**

Central Coast Council

175

6%

49

Northern Beaches Council

112

4%

42

Canterbury Bankstown Council

119

4%

32

Bayside Council

70

2%

39

Sutherland Shire Council

67

2%

29

Council of the City of Parramatta

64

2%

23

Council of the City of Sydney

64

2%

27

Blacktown City Council

63

2%

14

Clarence Valley Council

62

2%

111

Lake Macquarie City Council

60

2%

27

*Rate of complaint per 100,000 residents (%) has been calculated using the Australian Bureau of Statistics (ABS) 2021 Census data and published council website data.

**We may receive multiple complaints from 1 resident.

Finalised complaints about community service providers

In 2024–25, we finalised 851 actionable complaints (increase of 40%) about DCJ Community Services and NSW Government-funded community service providers (non-government).

Most finalised community services complaints were about out of home care services (57%) and statutory child protection (26%).

Table 7: Finalised actionable complaints about community services provided by the Department of Communities and Justice (DCJ) and NSW Government-funded community service providers (non-government)

Type of community service provider

Number finalised

% of total complaints about community service providers

DCJ Community Services

567

67%

NSW Government-funded community service providers (non-government)

284

33%

TOTAL

851

100%

Finalised complaints about public universities

In 2024–25, we finalised 602 actionable complaints about public universities (15% increase from 2023–24).

On 1 February 2025, the federal government launched the National Student Ombudsman (NSO), providing a free, independent and impartial complaints service for higher education students to address unresolved issues with their higher education providers, including NSW public universities.

Our office liaised closely with the NSO to ensure appropriate referral pathways were established.

Table 8: Finalised actionable complaints about public universities

University

Number finalised

% of total complaints about universities

The University of Sydney

159

26%

Western Sydney University

116

19%

University of NSW

90

15%

University of Technology, Sydney

49

8%

Macquarie University

44

7%

Charles Sturt University

41

7%

The University of New England

27

4%

The University of Newcastle

26

4%

Southern Cross University

26

4%

University of Wollongong

24

4%

TOTAL

602

100%

Warm referral

1,524 warm referrals in 2024–25

We have arrangements with larger agencies that allow us to ‘warm refer’ complaints directly to them, with the complainant’s consent. We do this where we assess the agency has not had a reasonable opportunity to address the complaint itself. This is helpful as it means the complainant does not have to start the process of complaint again by contacting the agency directly, and the agency is aware that the issues have been raised with us.

Of our actionable complaints, 9% (1,524) were finalised by way of warm referral. This is a 34% increase in warm referrals from 2023–24.

Preliminary inquiries made on 22% (3,703) of the actionable complaints finalised in 2024–25

After receiving a complaint, we may make preliminary inquiries under s 13AA of the Ombudsman Act. This means we engage with agencies to seek answers to questions raised by a complaint or request documents or other material to help us understand and address the issues raised, and to consider if there may have been serious maladministration that could warrant formal investigation.

Most complaints in which we make preliminary inquiries are finalised following such inquiries, and without proceeding to formal investigation of maladministration. Sometimes this is because the information we receive suggests no further action is warranted and we are in a better position to explain to the complainant why this is the case. In other cases, our inquiries prompt agencies to take action to resolve the complaint (for example, by reviewing a decision, providing an apology or undertaking some other corrective action) or to provide the complainant with reasons or further information that addresses their concerns.

Comments or suggestions

84 comments or suggestions were made in respect of 52 actionable complaints finalised in 2024-25.

Section 31AC of the Ombudsman Act allows us to provide information or make comments to an agency in respect of a complaint. In the process of resolving a complaint, we may formally make such comments or suggestions to an agency. Comments are generally aimed at assisting an agency to improve its service delivery or its own complaint handling. Of the 84 comments or suggestions made:

  • 74 suggestions were fully accepted by agencies
  • 7 suggestions were partially accepted
  • 3 suggestions were not accepted by agencies.

Formal conciliation of complaints

18 actionable complaints finalised by conciliation conferences in 2024–25.

Under section 25A of the Ombudsman Act we can invite the complainant and subject agency to participate in a voluntary conciliation conference. In doing so, we facilitate a discussion and encourage the parties to reach an agreement that can resolve the issues between them.

In 2024–25, 18 actionable complaints were finalised by formal conciliation and have reached full agreement.

Referrals for investigation

10 complaints were referred to the agency for investigation, and 1 complaint was finalised following a satisfactory response to a referral.

Under section 12A of the Ombudsman Act, the Ombudsman may decide to refer a complaint about the conduct of an agency back to that agency for investigation.

An agency that receives a referral under section 12A of the Ombudsman Act must:

  • consider any recommendations we make in deciding how to deal with the referred complaint
  • on the request of the Ombudsman, provide documents and other information relating to the complaint
  • report to the Ombudsman on the outcome of the referral.

In 2024–25, we referred 10 complaints to agencies for investigation and finalised 1 complaint following a satisfactory response to a referral. We continue to monitor the agency responses to our referrals.

Referral of community services complaints for resolution or investigation

10 complaints were referred for resolution/ investigation and 13 complaints were finalised following a satisfactory response to a referral.

Under section 25 of the CS CRAMA, the Ombudsman may refer a community services complaint to another person or body (including a service provider) if the complaint raises issues that may require resolution or investigation.

In 2024–25, we referred 10 complaints to agencies for resolution/investigation and finalised 13 complaints following a satisfactory response to a referral (which includes matters that had been referred in the previous financial year).

Formal Ombudsman Investigations

15 new investigations were commenced and 9 investigations were finalised in 2024–25, with 17 investigations remaining in progress.

The Ombudsman may make the conduct of a public authority the subject of a formal investigation under the Ombudsman Act where it appears that any conduct of that authority may be contrary to law, unreasonable or otherwise wrong.

In 2024–25, we commenced 15 new investigations, and we finalised 8 investigations with findings of wrong conduct under section 26 of the Ombudsman Act. We discontinued 1 investigation and made suggestions under section 31AC of the Ombudsman Act. We continue working on 17 investigations.

Reviews of our decisions

Our policy is to allow complainants an opportunity to request a review where we have closed their complaint and they are dissatisfied with what we have done.

In 2024–25, we received 16 requests seeking a review of a decision we made about a complaint.

Of the 16 requests for a review:

  1. We affirmed our decision to finalise the complaint in 5 of those cases.
  2. We re-opened 6 complaints and made further inquiries with the agency in relation to the complaints.
  3. As at 30 June 2025, 5 reviews were still open.

In 2024–25, we finalised 36% of reviews within 3 months from receipt, and 91% within 12 months.

Investigation findings and recommendations

Image

Under section 17 of the Ombudsman Act, our investigations must be conducted in the absence of the public.

When the investigation is completed, if findings of wrong conduct are made, we provide a final report on the investigation to the relevant agency and its responsible minister under section 26 of the Ombudsman Act.

The report may include recommendations for corrective action in respect of the particular wrong conduct, as well as for systemic and administrative improvements.

Investigations summary report

Image
Casebook July 2024 and Casebook January 2025.

While not all investigations result in a special report being tabled in Parliament, our current practice is to include a summary of all completed investigations in our six-monthly Casebook of investigations and complaint-handling case studies report to Parliament. During the year we tabled 2 Casebooks — the July 2024 Casebook and the January 2025 Casebook.

Monitoring implementation of investigation recommendations

When we make recommendations following an investigation, we seek to ensure that they are evidence-based, practical and likely to lead to demonstrable improvements in administrative practice. We monitor the implementation of our recommendations to ensure that accepted recommendations are implemented in a timely manner. Below are some examples of outcomes achieved, and improvements made by agencies that responded positively to our recommendations made in investigation reports.

Department of Communities and Justice — An onerous and ineffective child protection safety plan

In July 2024, we finalised an investigation into the Department of Communities and Justice’s (DCJ) imposition of a safety plan concerning 2 children in out of home care (OOHC), which required the authorised carer to live outside of the family home for over 3 years and be supervised by his wife in the presence of the children.

We found that the plan was onerous, impractical and ineffective in ensuring the safety of the children, and had not been reviewed either during or after an investigation into the carer’s conduct. The plan was not replaced by a long-term safety plan as it should have been.

We recommended that DCJ apologise to the couple for:

  • failing to substantively review the safety plan between February 2020 and March 2023
  • the delay in finalising its investigation
  • the delay in completing a risk assessment after the investigation
  • continuing to unreasonably set limits on the authorised carer’s access to the family home following the completion of the risk assessment and carer review.

We also recommended that DCJ pay an appropriate amount of compensation to the authorised carers to recompense them for the money expended maintaining 2 households, and to acknowledge in part the stress caused.

DCJ accepted our recommendations and has apologised to the carers. It is in the process of complying with our recommendation to compensate the carers.

Corrective Services NSW — Inmate discipline in NSW correctional centres

In August 2024, we finalised an investigation about the disciplinary system that governs inmates who are alleged to have committed a ‘correctional centre offence’ while in custody.

We found that there was a systemic failure to follow the requirements of the legislation and relevant policies relating to inmate discipline, which can lead to unjust and potentially unlawful decisions. We also found poor practices amounting to maladministration at all steps in the disciplinary process across centres and decision-makers.

We made 34 recommendations including amendments to legislation, policies and practices, and improvements to offence charge selection, the conduct of disciplinary inquiries, the selection of penalties, recordkeeping, cell confinement practices, staff training and information provided to inmates about the process and their rights.

Corrective Services NSW (CSNSW) accepted all recommendations. It has fully complied with 1 recommendation and made substantial progress on the others, including:

  • revised procedures, staff training, communication plan and consultation
  • legislative changes introducing a new power for the Commissioner to review findings of guilt, penalties and compensation orders
  • 2,845 orders to inmates to compensate CSNSW for damaged property have been reviewed and so far $92,000 has been reimbursed to those inmates were found to have been overcharged or wrongly charged
  • consultation with the Chief Magistrate of the Local Court and the Department of Communities and Justice about the circumstances in which disciplinary offences should be referred to a Visiting Magistrate
  • updates made to the offender database to reflect changes to procedures.

Serco Australia Pty Ltd — Actions taken against bystander inmates following an incident at Clarence Correctional Centre

In August 2024, we finalised an investigation into Serco’s management of inmates who witnessed an inmate assault on an officer in September 2023. Bystander inmates were locked in cells for 5 days, placed on segregation orders, charged with correctional centre offences and placed on behaviour management contracts that restricted their time out of cell to 2 or 4 hours a day for 8 weeks.

Our investigation found that Serco’s conduct when managing bystander inmates was, in some aspects, contrary to law, and otherwise unreasonable and oppressive.

We recommended that CSNSW update inmate records to reflect that the disciplinary findings made against the inmates were unsound and should be disregarded in future decisions, and that CSNSW review the Clarence Correctional Centre’s routine to ensure it complies with legal and contractual obligations, and that the routine is documented and is being effectively communicated to all.

We also recommended that Serco apologise to each inmate and ensure that staff at Clarence received refresher training in relation to a number of processes. We further recommended that Clarence identify the factors leading to incomplete or erroneous information being recorded or used when charging and segregating inmates, and determine whether additional remedial action is warranted.

CSNSW accepted and implemented all recommendations. Serco complied with all recommendations made to it, except for apologising to all affected inmates.

Corrective Services NSW — Inmate charged for providing false or misleading information

In August 2024, we finalised an investigation into CSNSW after receiving a complaint that an inmate had been unfairly charged and found guilty of a correctional centre offence for giving false or misleading information. He was penalised by not being able to buy items from the inmate shop (known as buy-ups) for 56 days, which is the maximum allowable length for this penalty type.

We found the charge could not be established beyond a reasonable doubt. We recommended that CSNSW apologise to the inmate and include a note on his disciplinary record that the finding of guilty was unsound and should be disregarded in future decisions.

CSNSW accepted the finding and has complied with our recommendation.

Serco Australia Pty Ltd — Unlawful findings relating to disciplinary charges concerning misuse of offender telephone system

In September 2024, we finalised an investigation into Serco’s disciplinary charges against 2 inmates at Clarence Correctional Centre for misusing a telephone11 and disobeying a direction.12 Both inmates told us they had lent their centre-issued tablets to another inmate, whose tablet was not working, so that inmate could make telephone calls. The 2 inmates claimed they had not been told that lending their tablets to another inmate was an offence. We found that the offences could not be proven beyond reasonable doubt and charges should not have been laid in the first place.

We recommended that the guilty findings be disregarded, and that procedures and information given to inmates around use of tablets be reviewed and updated.

Serco has implemented our recommendations.

School Infrastructure NSW — Drainage dispute with residential neighbour

In August 2024, we finalised an investigation into School Infrastructure NSW’s (SINSW) handling of a drainage dispute between a NSW public school and the owner of a residential property adjoining the school. The owner complained to us after SINSW insisted he take immediate action to redirect his stormwater drainage, which had flowed into Council’s drainage infrastructure on the school property for the past 25 years. SINSW had told the complainant it would terminate the stormwater connection within days if he did not act.

Once we became involved, SINSW agreed to consider an easement for the residential property to access the stormwater drainage, but then insisted the complainant pay the first of 2 instalments totalling almost $20,000 within 10 calendar days to secure this arrangement.

We found that SINSW had set unreasonably short deadlines for the complainant to act and had failed to act in line with its own stakeholder engagement guidelines and communication strategy.

We recommended that SINSW apologise to the complainant for its unreasonable actions, and that it waive or absorb certain costs associated with the easement application.

SINSW has complied with our recommendations.

University of Western Sydney — Fee increases for continuing student

In September 2024, we finalised an investigation into the University of Western Sydney’s decision to increase subject fees by 100% in relation to a student who was enrolled in, and part-way through, their postgraduate course.

The university’s student fees policy stated that tuition fees for all fee-paying programs are reviewed annually and may increase over the period of enrolment. It also specified that any increases would apply to all students irrespective of the date of enrolment.

The university explained to the complainant that it had increased the fees to bring them in line with fees charged by other universities and other courses in the relevant school.

We found the university’s conduct unreasonable. We formed the view that students should be able to expect that any future annual adjustments to course fees would be relatively modest and generally reflective of changes in a university’s costs of providing the course. In this case, the fee increase of 100% was far greater than what students could have reasonably anticipated and was not justified on the basis of relevant changes to the university’s cost of delivering the course.

We recommended that the university reverse the fee increase, refund any amount of the increase that had already been paid, and revise its policy to clarify the basis on which fees may be raised and the expectations students should have around fee increases.

The university has implemented our recommendations.

GEO Group Australia Pty Ltd — Management of inmate during and after seizure

On 30 June 2025, we finalised an investigation into the conduct of GEO (which, at the relevant time, operated Junee Correctional Centre) relating to its use of force and restraining of an inmate who was having a seizure, the way he was questioned after the incident, and the conduct of any reviews into the incident. We also investigated GEO’s conduct in connection with the subsequent charging of the inmate with the correctional centre offence of assault, and the inquiry process, determination of the charge and the imposition of penalties.

We found the conduct of GEO was contrary to law, unreasonable and unjust. We recommended an apology and changes to the inmate’s record. We also recommended CSNSW (which now manages Junee) consider further remedial action such as staff training and referral of the incident to the use of force committee.

We are awaiting CSNSW and GEO’s responses to our recommendations.

Public reports

Image

Special reports and statutory reports to Parliament

Under section 31 of the Ombudsman Act, the Ombudsman can make special reports to Parliament on any matter arising in connection with the discharge of the Ombudsman’s functions.

We may make a special report following a particular investigation and tend to do so especially where these may have broader implications beyond the particular complaint and the agency or service provider involved.

We are also required to provide annual or biennial reports to Parliament for particular functions. In 2024–25, we tabled 11 reports to Parliament:

  • Casebook January 2025: Investigations and Complaint-handling Case Studies13 (tabled 30 January 2025).
  • OCHRE 2024: Current Status and Future Direction and Report Community Guide14 (tabled together 28 January 2025).
  • Review of the DCJ Complaint System in respect of
    its Aboriginal Child Protection Functions
    and Report
    Community Summary
    15 (tabled together 6 November 2024).
  • Investigation into Inmate Discipline in NSW Correctional
    Centres
    16 (tabled 21 August 2024).
  • Investigation into Actions Taken Against Bystander
    Inmates Following an Incident at Clarence Correctional
    Centre
    17 (tabled 21 August 2024).
  • Casebook July 2024: Investigations and Complaint-handling
    Case Studies
    18 (tabled 30 July 2024).
  • Protecting Children at Risk: An Assessment of Whether
    the Department of Communities and Justice (DCJ) Is
    Meeting Its Core Responsibilities
    and Report Community Summary19 (tabled together 5 July 2024).

Mandatory Disease Testing in NSW: Monitoring the Operation and Administration of the Mandatory Disease Testing Act 202120 (tabled 5 February 2025).

Oversight of the PID Act 2022 Annual Report 2023–2421 (tabled 11 December 2024).

NSW Child Death Review Team Annual Report 2023–2422 (tabled 31 October 2024).

NSW Ombudsman Annual Report 2023–2423 (tabled 31 October 2024).

Monitoring and assessment of Aboriginal programs

Image

Since 2013, we have held a specific legislative function to monitor and assess the NSW Government’s Aboriginal Affairs plan known as OCHRE (Opportunity, Choice, Healing, Responsibility, Empowerment). This role enables us to hold government agencies accountable for delivering meaningful, community-level outcomes and driving systemic, long-term change through OCHRE.

Following our 2019 report and its associated recommendations, we monitored their implementation and impact, culminating in the 2OCHRE 2024: Current status and future direction report to Parliament tabled 28 January 2025. The report makes a core recommendation that the NSW Government unequivocally recommit to OCHRE as the state’s overarching plan for Aboriginal affairs.

In April 2025, the Hon David Harris, Minister for Aboriginal Affairs and Treaty, responded to the report, acknowledging its value and the importance of sustained community involvement. We await the government’s substantive response to our report recommendations.

Image

We tabled our special report, Protecting Children at Risk: An Assessment of Whether the Department of Communities and Justice Is Meeting Its Core Responsibilities, in Parliament on 5 July 2024.

This report assessed whether publicly available performance information enabled determination of how well the child protection system is meeting its stated goals of protecting children and young people and improving their outcomes.

The report concluded that DCJ cannot demonstrate that it is meeting any of its 3 core child protection responsibilities to:

  • respond to any child reported at risk of significant harm (ROSH) who requires an investigation
  • improve the safety and wellbeing of children in OOHC and secure safe, permanent homes for them
  • intervene early to prevent escalation of risk of harm to children and keep families together.

The report made 6 recommendations to DCJ that seek to enhance and strengthen future reforms to the child protection system and one recommendation to both DCJ and NSW Health.

In November 2024 DCJ and NSW Health reported on their progress towards the joint recommendation. We have advised both agencies that we are continuing to monitor their implementation of this recommendation and will be seeking further information about their progress.

DCJ has undertaken to provide a final outcomes report on the other 6 recommendations by December 2025.

Intensive Therapeutic Care (ITC) is for children and young people in OOHC aged 12 years and over with complex needs and who are either unable to be supported in foster care or require specialised and intensive supports to maintain stability in their care arrangements.

ITC was established to replace residential out of home care (OOHC) in NSW and to help children recover from abuse and trauma to enable them to successfully transition to permanency outcomes or less intensive placements.

Currently DCJ funds approximately 15 non-government organisations to deliver ITC.

In July 2024, we announced an inquiry to assess whether ITC is operating as intended and meeting its objectives. The Inquiry is assessing:

  1. Are children stepping down from ITC into less intensive placements?
  2. Are children in ITC placements safe?
  3. Are ITC placements stable?
  4. Do children in ITC access and engage in therapeutic support?

During 2024–25, we sought data and information from DCJ, the Office of the Children’s Guardian, the Official Community Visitor scheme and non-government organisation (NGO) service providers for our ITC Inquiry. We also issued a consultation paper and received written and oral submissions from a variety of stakeholders.

We anticipate tabling a report to Parliament by the end of 2025.

Under CS CRAMA, the Ombudsman can review the welfare, status, progress and circumstances of a child in care or a group of children in care.

Group in care review — Children and young people absent from their placement

We are conducting a group review into the circumstances of children and young people in the care of the Minister for Families and Communities who are away from their authorised ITC or residential care placement. The review seeks to identify factors that contribute to being away from placement, and the impact of these absences on the safety and wellbeing of these children.

During 2024–25, we have prepared a range of internal resources and guidance (such as risk assessments and consent forms) to support the review and have published resources for stakeholders (fact sheet for service providers, and fact sheet for children). We also sought data from DCJ for children away from all types of placements and used this to choose a small representative group of children who have been away from ITC and residential care.

During 2025–26, we are obtaining records for the children chosen for this review, meeting with casework teams and, if a child wishes to communicate with us, talking to them about factors that led to their absence, their experiences while absent, and their experiences on return. We will outline the individual circumstances of the children absent from their placement and our systemic observations in a public report, which we anticipate tabling in mid-2026.

Reviewing the deaths of children

Image

Convening the NSW Child Death Review Team (CDRT)

Under Part 5A of CS CRAMA, we convene and support the CDRT, which consists of experts in health, child development, child protection and research, and representatives of key government agencies.

The CDRT’s purpose is to analyse the trends and patterns in deaths of children by cause, demographic and other factors, and to make recommendations that may assist in preventing or reducing the likelihood of child deaths. The CDRT maintains a register of child deaths and undertakes research that aims to assist with the prevention or reduction of child deaths.

Approximately 450–500 children aged 0–17 years die in NSW each year. The next biennial report of the deaths of children in NSW in 2022 and 2023 will be tabled in November 2025.

The CDRT reports annually to Parliament on its activities and agency progress on the implementation of CDRT recommendations. The CDRT annual report for 2024–25 will be tabled on 30 October 2025.

CDRT research

The CDRT undertakes research, either alone or with others, that aims to help prevent or reduce the likelihood of child deaths and to identify areas requiring further research.

The CDRT Research Framework was developed to guide the prioritisation, delivery and communication of research projects; ensure the CDRT’s approach to research is consistent, equitable and inclusive; support collaboration with stakeholders; and align research projects with the CDRT’s strategic priorities and the NSW Ombudsman’s strategic plan.

The CDRT has 3 current research projects:

Aboriginal and Torres Strait Islander children and young people are over-represented in suicide deaths of children and young people aged 10–17 years. The primary aim of the project is to identify opportunities for preventing and reducing the likelihood of suicide deaths of Aboriginal and Torres Strait Islander children. The project team is led by Aboriginal members of the CDRT, who are acting as project sponsors overseeing the key findings and outcomes of

this work. The CDRT has engaged the Ngarruwan Ngadju Research Centre, an indigenous-led health and wellbeing research centre located at the University of Wollongong, to conduct the research.

In 2024–25 the research report, Holding Hope: Preventing Suicide among Aboriginal and Torres Strait Islander Young People in New South Wales, was finalised. This report will be tabled with an accompanying community report in late 2025.

In 2024–25, we commissioned an external research organisation to undertake the CDRT’s research project: a follow-up review of perinatal deaths from severe brain injury in 2020–23. This project builds on an earlier preliminary study.24

This project is being supported by NSW Ombudsman staff and a CDRT sub-committee. It is anticipated that a research report will be tabled in late 2026.

In 2024–25, we commissioned an external research organisation to undertake a literature review and desktop review for the CDRT’s research project: to review the suicide-related deaths from 2018–23 among young people aged 10–17 years who identified as LGBTIQ+.

We also developed the internal review of the deaths being considered in the research.

This project is being supported by NSW Ombudsman staff and a CDRT sub-committee. It is anticipated that a research report will be tabled in early 2026.


Reviews of deaths of children in circumstances of abuse or neglect or children in care

Under Part 6 of CS CRAMA, a child’s death is reviewable by the NSW Ombudsman if that child:

  • was living in care or had been in detention at the time of their death, and/or
  • died because of abuse or neglect, or in circumstances suspicious of abuse or neglect.

These are referred to as ‘reviewable deaths’. Our reviewable death function aims to identify agency practice and systemic issues that may have contributed to reviewable deaths, or that may expose other children to risks in the future. As part of this work, we consider how agencies and service providers identified and responded to risks and vulnerabilities evident in the lives of the children and their families. We may also consider how relevant agencies responded to the death, such as subsequent critical incident investigations.

The Ombudsman is required to report biennially on its reviewable deaths work and activities. The next biennial report of the reviewable deaths of children in NSW in 2022 and 2023 will be tabled in late 2025 and will include information in relation to:

  • progress in relation to recommendations to agencies about issues identified in our reviews regardingtheir responses to children and families involved in reviewable deaths
  • a Clinical Excellence Commission review of a death that occurred within 12 months of presentation to a NSW Health facility, following our recommendation of this review in November 2023
  • the outcome of consultation with agencies about missed opportunities for cross-agency learning about systems reform to improve child safety and wellbeing, identified across 10 reviewable deaths.

Draft Statement of Commitment to Children’s Rights

We are committed to upholding the rights of all children and promoting their safety, welfare and wellbeing in our processes, decisions and actions.

In November 2024 we released our draft statement of commitment to children’s rights and sought feedback from the public and stakeholders.

The draft statement is based on our belief that every child has the right to protection, participation and provision of services that promote their best interests. It commits us to continuously work to remove barriers, adapt services to meet unique needs and foster inclusive practices that empower children and their families. The statement reflects our commitment to handling our child-related statutory functions in a way that empowers children to realise their legal and human rights.

To support the draft statement, we have developed a draft NSW Ombudsman Practice Guide for Interacting with Children and Young People to assist staff on the application of these principles across the Ombudsman’s functions.

We are finalising the draft statement in response to the feedback we received25 and will release our statement of commitment and practice guide publicly in 2025–26.

Oversighting the public interest disclosures scheme

We are responsible for oversighting the Public Interest Disclosure (PID) scheme in NSW. The Ombudsman’s functions under the Public Interest Disclosures Act 2022 (PID Act) are to:

  • promote public awareness and understanding of the Act and its objects
  • provide information, advice, assistance and training to agencies and public officials on contacts relevant to the Act
  • publish guidelines and other materials to assist agencies, public officials and other persons
  • audit and monitor how agencies exercise their functions under the Act
  • provide reports and recommendations to the Premier and the Special Minister of State about proposals for legislative and administrative change to further the objects of the Act.

We are required to issue an annual report outlining, among other things, the Ombudsman’s activities under the Act.

This report will be tabled before the end of 2025.

Embedding the Whistleblower Support function

Our new Whistleblower Support Team started work in 2024–25, providing confidential and impartial support to NSW public officials who have reported, or are thinking about reporting, serious wrongdoing in the NSW public sector.

The team operates separately to the areas of the office which receive PIDs or advise agencies about the handling of PIDs. Public officials who contact the team are given information and guidance about the PID process and can discuss their concerns about serious wrongdoing without the risk of unintentionally making a PID.

Some public officials who report serious wrongdoing may need mental health support. This is why we engaged a provider for a pilot Whistleblower Wellbeing Referral Scheme, allowing eligible public officials to access a number of sessions with a registered psychologist who has relevant experience.

Engagement and training for agencies

The PID Act applies to a wide range of agencies and service providers across NSW.

We facilitated the first NSW PID Awareness Week in August 2024, aimed at raising awareness of the PID Act among NSW public officials. We delivered nine sessions on key PID-related topics, with over 1,194 participants attending online or watching the recordings following the event.

PID scenario-based training for managers and disclosure officers was developed in 2024–25, delivering 21 sessions to 267 people across regional NSW and metropolitan Sydney. We continued to facilitate access to e-learning courses, allowing agencies to either upload to their learning management systems or attend an Ombudsman hosted course, facilitating access for 101 public officials. We also developed additional resources including a fact sheet for managers, 6 new PID Bytes and curated a PID playlist for public officials and agencies.

The PID Community of Practice (CoP) met 3 times during the reporting period, boasting 134 members with a range of responsibilities under the PID Act.

Table 9: PID sessions and participants

Type of session/forum

July 2024-June 2025

Number of sessions

July 2024-June 2025

Number of participants

PID Awareness

11

1,867

Face-to-face PID training

21

267

PID Executive Briefing

2

56

PID Community of Practice

3

205

PID Conferences

1

137

Total

38

2,532

Engaging the Aboriginal Land Council network

Aboriginal Land Councils (ALCs) are agencies under the PID Act. Chief Executive Officers (CEOs), Board Members/Councillors, staff and voting members of ALCs are public officials and can report serious wrongdoing under the PID scheme.

We have provided virtual and in-person training and awareness sessions to CEOs, disclosure officers and managers of ALCs across NSW. We travelled across NSW to hold 22 in-person training and awareness sessions, engaging over 72 CEOs and Board Members/Councillors of ALCs. We are also refining our learning materials and products for ALCs.

Advice and guidance on the PID Act

Under the PID Act, we can provide advice to NSW government agencies about their functions under the Act, and to public officials and other persons about the operation of the Act and the protections available to them. In 2024–25 we responded to 201 requests for advice from NSW government agencies.

In 2024–25 we identified several common issues including uncertainty about internal reviews, confusion about detrimental action offences and associated reporting requirements, and poor understanding about what constitutes an anonymous PID. We are addressing these issues by revising our guidelines and making them a focus during training and engagement activities.

Auditing and monitoring

We conducted 2 rounds of self-assessment audits during 2024–25 — in July 2024 and April 2025. Agencies were required to self-assess their compliance with the obligations in the PID Act. A report on these audits, including sector-wide observations, will be published in late 2025.

During 2024–25, we conducted a desktop audit of 203 agencies to verify whether their PID policies contained all the required elements in the PID Act and that the policy was available on the agency’s website. The results of the desktop audit will be publicly reported in late 2025.

Agencies are required to submit a PID annual return containing information about disclosures they received or dealt with, and the measures taken to promote a ‘speak up’ culture in the reporting period. During 2024–25 we responded to 1,776 email enquiries and 263 calls relating to agency reporting obligations, the reporting platform and audit activities.

Under the PID Act, agencies are required to notify us of reportable events. We received 209 notifications in the 2024–25 reporting period. Of these notifications, 71% related to agreements (permitting the exercise of PID Act functions on behalf of another agency) under section 81 of the PID Act.

Oversight of mandatory disease testing

Image

Our monitoring of the MDT Act

The Mandatory Disease Testing Act 2021 (MDT Act) came into effect in July 2022. It provides for the mandatory blood testing of a person where that person’s bodily fluids come into contact with a health, emergency or public sector worker:

  • as a result of the person’s deliberate action, and
  • the worker may be at risk of contracting a blood-borne disease.

We monitor and report on the operation and administration of the MDT Act, including how agencies exercise their functions under the Act.

Agencies must notify us after determining a mandatory testing order (MTO) application. The Chief Health Officer must also notify us following the determination of any application for a review.

Report on our monitoring

During 2024–25 we received 43 notifications of determinations made by agencies on MTO applications.26 Of these, 39 notifications were received from the NSW Police Force, and 2 notifications each were received from NSW Ambulance and Corrective Services NSW.

Agencies approved 21 MTO applications and refused 10, and there were 12 that were the subject of application to the court (because they related to persons identified as being a minor or other vulnerable person).27 Of the 12 MTO applications made to court, 10 applications were granted by the court and 2 applications were withdrawn prior to hearing.

During 2024–25 we did not receive any notifications of determinations of reviews by the Chief Health Officer.28

Our first MDT report to Parliament

We are required to prepare a report on our monitoring of the operation and administration of the MDT Act as soon as practicable after 12 months from the Act’s commencement, and every 3 years after the first report.

Our first report was tabled in Parliament on 11 February 2025 covering an 18-month reporting period from 29 July 2022 to 31 December 2023.29

Key observations

  • Most MDT applications were applied in cases where there was no real risk of workers contracting a blood-borne disease.
  • There was no evidence that third-party testing resulted in changes to the clinical management of impacted workers or had improved their health and wellbeing.
  • Provisions aimed at protecting the rights of third parties were largely ineffective.
  • The MDT scheme had a disproportionate impact on Aboriginal and Torres Strait Islander people.
  • There are legal complications when testing proceeds without the consent of the third party.
  • The MDT Act confers discretionary decision-making powers on senior officers who are generally not experts in clinical medicine or administrative law.

Core recommendations

  1. That consideration be given to whether the MDT Act should be continued at all, and whether administrative resources currently applied to the scheme would be better directed towards providing improved avenues of advice and support directly to frontline workers who were exposed to bodily fluids in the workplace.
  2. If the MDT Act is to be continued, the Act be amended to provide that, in all cases, mandatory testing orders (MTOs) may only be made by a court, on application by the worker’s senior officer.

We made an additional 60 recommendations aimed at clarifying aspects of the MDT Act and its operation in the event the core recommendations are not adopted.

A statutory review of the MDT Act is currently underway by the Minister for Police and Counter- terrorism and the Attorney General. The Act requires the ministers to undertake a review, including to determine whether the policy objectives of the Act remain valid, as soon as possible after the first report by the Ombudsman, and for the ministers to table a report on the outcome of the review in both houses of Parliament.



Reviewing complaint-handling systems

Image

During 2024–25 we established a Complaint-Handling Systems Review Unit to engage with agencies and conduct reviews on the complaint-handling systems of public authorities (under the Ombudsman Act) and community service providers (under CS CRAMA).

During the reporting period we launched a self-assessment review of agencies’ complaint-handling practices and a complaint-handling staff survey. We anticipate reporting on the self-assessment reviews and survey results in 2025–26.

Review of the DCJ Complaint System in respect of its Aboriginal Child Protection Functions30

A key objective of this review was the inclusion of Aboriginal people — to seek and hear Aboriginal voices on their experience of navigating the DCJ’s complaint system.

What we have observed is that DCJ manages a complex, decentralised complaint system that lacks integration, coordination and consistency. The system is not sufficiently culturally attuned to the needs of Aboriginal complainants and is not adequately accessible to Aboriginal people. Fear of, and experience of, retribution or detrimental action following a complaint is a significant issue that must be addressed.

We have made 58 recommendations to improve DCJ’s complaint system at a foundational level, starting with a recommendation that DCJ develop a plan for overarching system reform.

Supporting agencies and service providers through training and resources

Image

Guidance and resources

In November 2024, we issued the fourth edition of our Effective Complaint Management Guidelines and 6 practical fact sheets on the 6 Principles for Effective Complaint Management.

In December 2024, we published an updated edition of our Apologies Guide (first published in 2007), which aims to assist public sector agencies in their complaint-handling.

The guide considers why apologies matter, explains the situations where an apology is protected by statute from being taken to be an admission, and discusses a range of factors to consider when making an apology.

Education and training sessions

We provide education and training to government agencies and other service providers to encourage good administrative practices and build sector capability to understand administrative law in the public sector, handle complaints, establish effective complaint-handling systems and manage unreasonable conduct by a complainant.

Table 10: Annual training delivered

Image

Table 11: Annual learners

Image

Table 12: Breakdown of training delivered 2024–25 (excluding PID)

NSW agencies

75

Outside NSW agencies

39

Open training workshops

28

Presentations (schools, agencies, foreign delegations, etc)

9

Total

151

Table 13: 2024–25 training feedback

Strongly agree

Agree

The content was useful and appropriate

75%

24%

The session was interactive, engaging and enjoyable

76%

21%

The content was relevant to my job

72%

26%

I will apply what I’ve learned in my workplace

74%

24%

My facilitator was welcoming and respectful

88%

11%

My facilitator was well prepared

88%

11%

My facilitator had broad content knowledge

89%

10%

My facilitator encouraged participation

88%

11%

Feedback quotes about our training

“Delivery was excellent, very informative, knowledgeable and excellent practical examples provided.”

“Well spoken and to the point. Answered all questions. Tailored material to our organisation.”

“They were personable, purposeful and provided an engaging workshop. I thoroughly enjoyed it and have lots of take aways.”

“Fantastic training, first time I’ve stayed alert and was proactively listening to a whole training session. She kept us engaged and added in laughs to make it more enjoyable.”

“Absolutely lovely, very informative and engaging … Very knowledgeable and encouraging to participate in answering questions and sharing experiences with others on the zoom call. 10/10 one of the best facilitators I’ve experienced learning from.”

“My facilitator was amazing. There are good facilitators that know the material and can teach it, and then there is this facilitator who was at least 2 notches above this.”

During 2024–25 we developed new and refreshed courses, including:

  • Fact Finding in Complaint Management: providing learners with an understanding of the 3 stages of complaint-handling, and the tools to conduct complex inquiries into a complaint.
  • Effective Complaint Management Guidelines e-Learning: freely available to anyone, replacing the 2017 NSW Government CHIP training module, and aligned to the recently updated and published Effective Complaint Management Guidelines.

Supporting members of Parliament to serve their constituents

Image

Complaint referrals from members of Parliament

In 2024–25, members of Parliament referred or made 19 actionable complaints to us.

Presentations

We are committed to ongoing engagement with Parliament about the role of our office and how we can support members of Parliament and their constituents. In August 2024 and March 2025, the Ombudsman presented to Members of Parliament and their staff on our functions and how we can support Members and their offices.

Our parliamentary oversight committee

The Ombudsman is accountable to a statutory joint parliamentary committee: the Parliamentary Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission. We keep the Committee informed about issues affecting our office, including those that impact our ability to perform our functions effectively. The new committee members were briefed on our role and functions during a visit to the Ombudsman in September 2024. The Committee conducts an annual review of our office, and we appeared before the Committee for that purpose in March 2025.

Contribution to parliamentary inquiries

We also assist Parliament, especially parliamentary committees, by contributing to inquiries where our experience, expertise and data are relevant to the issues being canvassed. This advice contributes to public debate, effective law-making and scrutiny of Executive action.

During 2024–25 we contributed to 1 parliamentary inquiry and appeared before the Budget Estimates Committee in August 2024. Refer to Section 3.4 for more information.

Image

The annual Parliamentary Ombudsman Meeting brings together representatives from Ombudsman offices across Australia and New Zealand.

2025 attendees from left: Iain Anderson, Commonwealth Ombudsman; Paul Miller, NSW Ombudsman; Dr Grant Davies, Tasmanian Ombudsman and Health Complaints Commissioner; Marlo Baragwanath, Victorian Ombudsman; Bridget Hewson, Deputy Ombudsman, Ombudsman New Zealand; Anthony Reilly, Queensland Ombudsman and Inspector of Detention Services; Emily Strickland, South Australian Ombudsman.

3.3 Reporting on our key performance indicators

Our key performance indicators were formulated around our 4 strategic outcomes, incorporating key operational data metrics as well as results from our ongoing survey program. Our surveys focus on complainant and stakeholder satisfaction, inmate awareness and satisfaction, and general community awareness, providing a key source of information to help us understand how we are performing, and ways we can improve.

Image
Image
Image
Image
Image

3.4 Parliamentary committees and independent reviews

We assist parliamentary committees and independent reviews by providing information and submissions where our experience, expertise and data are relevant to the issues being canvassed.

This year we engaged with one NSW Parliament committee in the Ombudsman’s capacity as Convenor of the CDRT.

We also appeared before the Portfolio Committee No. 1 Budget Estimates inquiry in August 2024.

Contributions to other inquiries and reviews

Our office contributes to other parliamentary inquiries, independent inquiries and reviews where we can provide useful information about our work of relevance to the terms of reference for the inquiry. In 2024–25, we made 3 submissions.

In July 2024, we made a submission to the Australian Parliament’s Select Committee on Adopting Artificial Intelligence. The Committee was inquiring into the opportunities and impacts for Australia arising out of the uptake of artificial intelligence (AI) technologies.

We provided the Committee with copies of our 3 reports relating to automated decision-making and the use of AI.31

In October 2024, we made a submission to the Draft National Suicide Prevention Strategy under development by the National Suicide Prevention Office.

The submission was made in the Ombudsman’s capacity as Convenor of the CDRT. We provided information about the role of the CDRT and highlighted CDRT publications with relevance to suicide deaths of children and young people in NSW.

To inform the development of the strategy, we provided unpublished data about the deaths of children and young people between 1996 and 2023. We urged the strategy development to:

  • acknowledge the risk of suicide in children younger than 15 and the specific needs of this group of children, as well as including a clear definition of ‘children’ and ‘young people’
  • reference the need for intensive therapeutic supports, or for specific strategies for reaching groups who are hard to engage.

In October 2024, we made a submission to the Australian Parliament’s Legal and Constitutional Affairs References Committee inquiring into Australia’s youth justice and incarceration system. We provided information about the NSW youth detention system and the role of our office including our:

  • visits program
  • complaint-handling function
  • protocols and information sharing arrangements in relation to youth detention
  • recent investigations
  • monitoring of the segregation and separation of detainees in youth detention
  • reviews of the deaths of children
  • monitoring and assessment of Aboriginal programs
  • arrangements for working with the NSW Inspector of Custodial Services.

We also provided information about the continued delay in implementing the Optional Protocol to the Convention Against Torture in NSW.32

4. Management and Accountability

4.1 Our people (and PMES)

As at 30 June 2025, our workforce consisted of 259 people (250.1 full-time equivalent staff levels). Our people have diverse skills and experience and come from a range of backgrounds, including community and social work, legal, planning, investigative, law enforcement and child protection.

Our staff are employed under the provisions of the Government Sector Employment Act 2013, along with associated rules and regulations and the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009. These industrial instruments set out the working conditions and entitlements offered to staff.

Our organisation chart as of 30 June 2025 was as follows:

Image

Table 14: Full-time equivalent staff levels (as at 30 June)

Branch

2024

2025

Aboriginal Programs

11.6

8.8

Complaints & Resolution

72.5

81.6

Corporate Services

42.6

42.7

Enabling Services

20.6

22.3

Executive Strategy & Support*

11.0

7.0

Investigations & Major Projects

18.5

19.5

Legal, Governance & Risk

10.0

9.7

Monitoring & Reviews

24.8

29.0

Systems Oversight

22.0

29.5

Total

233.6

250.1

*This includes the Ombudsman and Band 2 senior executives.

Table 15: Senior executive remuneration — number of senior executives by gender (as at 30 June)

Band

2024 Female

2024 Male

2025 Female

2025 Male

Band 4 (equivalent)

0

1

0

1

Band 3

0

0

0

0

Band 2

1

1

0

2

Band 1

8

1

5

3

Sub-total

9

3

5

6

Total (male and female)

12

11

*As at 30 June 2025, 6 senior executives were on temporary (‘acting up’) assignments which resulted following the departure of 3 executives and a hybrid executive model being in place during the implementation of a new Executive structure (see Section 1.4).

Table 16: Senior executive remuneration — average range across all positions (as at 30 June)

Band

2024 Range $

2024 Average $

2025 Range $

2025 Average $

Band 4 (equivalent)

509,251–588,250

520,385

509,251–588,250

520,385

Band 3

361,301–509,250

N/A

361,301–509,250

2025

Band 2

287,201–361,300

341,700

287,201–361,300

315,117

Band 1

201,350–287,200

260,755

201,350–287,200

247,275

Table 17: Senior executive remuneration — percentage of total employee-related expenditure (as at 30 June)

2024

2025

Total employee-related expenditure

12.5%

10.3%

2024 People Matter Employee Survey (PMES)

In August, we conducted the 2024 PMES, which achieved an office-wide response rate of 95%. Flexible working (95%), ethics and values (87%), and risk and innovation (82%) were our highest scoring areas.

This year we have focused our actions on improving our scores in senior executive leadership (54%), feedback and performance management (59%), action on survey results (57%), communication and change management (60%), as well as teamwork and collaboration (61%). These include:

  • building a sense of belonging, connection, teamwork and collaboration
  • promoting development opportunities and supporting growth at all levels
  • creating a respectful, safe and inclusive workplace
  • fostering a culture of trust and supporting clarity in a changing environment.

Table 18: NSW Ombudsman PMES results (2020–24)

Image

4.2 Consultants

We use guidance provided in TPG 25-03 Financial Reporting Code for NSW General Government Sector Agencies, and the definition provided by the NSW Procurement Board, to assess whether certain expenses are to be classified as consultant expenses.

There are no consultant expenses valued at $50,000 or more in the 2024–25 reporting period.

There was one consultant expense valued at less than

$50,000 in the reporting period: $33,583 for management services related to our strategic planning.

4.3 International travel

No international travel was undertaken by staff in 2024–25.

4.4 Research and development

Research into the role of Generative Artificial Intelligence (GenAI) in empowering complainants

This year the University of Newcastle delivered a final research report, Utilising Generative Artificial Intelligence to Assist Complainants Who Speak English as a Second Language.33 We provided funding and review support to the research project.

The project comprised of experimental research with consumers and complaint-handlers, and a literature review. The researcher team found that: ‘GenAI-assisted tools increase ESL consumers’ capability to complain and improves perceptions that the complaint will likely be successfully resolved, while also reducing their perception of language discrimination.’

The report highlights the potential for tech-driven solutions to create more equitable service experiences for complainants.

4.5 Technology

Information communications technology

During the reporting period, several key technology initiatives were implemented to enhance people, processes and technology capabilities.

These include:

  • launch of the new Ombudsman website
  • delivery of Phase One of the new case management system (OmboMatters), with roll-out in our complaints and investigations functions
  • completion of a Security Compliance and Digital Uplift 3-year program
  • upgrading our meeting room technology and audio-visual systems
  • deploying Microsoft Windows 11 across all laptops.

We completed work to uplift our security posture for the Office in line with the NSW Government’s Cyber Security Policy (NSW CSP).

Our other security activities during 2024–25 included:

  • introducing biometric authentication and geolocation controls to enhance the security posture of the Office, thus strengthening our identity verification and contextual awareness of who is accessing our systems and where they are coming from, reducing opportunities for malicious actors and enhancing trust in our practices
  • effectively managing all cyber incidents in accordance with the incident response plan, ensuring the prevention of all attempted cyber-attacks
  • enhancing user cyber-resilience with AI-based phishing simulations and awareness campaigns
  • successfully testing and updating the incident response plan in accordance with the NSW CSP recommendation
  • performing a comprehensive disaster recovery simulation exercise to validate preparedness and operational continuity
  • improving, documenting and formalising several processes including technology change management, vulnerability management and patch management.

For 2025–26, we plan to modernise IT infrastructure and explore AI tools to support our new Strategic Plan 2025–2030.

The following projects are identified for 2025–26:

  • explore AI-driven technology to improve our ways of working and advance capability uplift
  • workplace management and technology infrastructure upgrade
  • security program focused on strengthening risk-based frameworks, IT asset management and endpoint management.

4.6 Events arising after end of annual reporting period

Other than those identified throughout the annual report, there are no events after the end of the annual reporting period that have a significant effect on our operations.

Key events arising after the end of the annual reporting period include:

  • We recruited and onboarded new executive staff as part of the transition to a new executive leadership structure. See Section 1.2 for information about newly appointed executives and ongoing recruitment.
  • On 1 August 2025, we publicly launched our Strategic Plan 2025–30, setting our direction for the coming years, with the aim to focus and streamline our efforts for the greatest impact.

4.7 Internal audit, risk management and insurance activities

As an independent office, we are accountable to the people of NSW through the NSW Parliament.

Our work is scrutinised by the Parliamentary Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission. The Committee monitors and reviews the exercise of our functions and the annual appropriation for our services, examines our annual reports and other reports to Parliament, and may report to Parliament, with any comment it thinks fit, on any matter about or connected to our work. However, the Committee cannot reconsider our decisions about individual complaints and investigations.

Our risk management framework provides the principles and processes for all risk management activities across our office. In 2024–25, we continued to implement strategies to mature our management of risks, assisted by our Audit and Risk Committee (ARC), which provides independent assistance to the Ombudsman by monitoring, reviewing and providing advice about our governance, risk management and control frameworks, and external accountability obligations. In the reporting period, the ARC met 5 times and operated in accordance with NSW Treasury requirements.

The independent chair and members of the ARC are:

  • Independent Chair, Vicki Allen (24 May 2022–23 May 2025)
  • Independent Chair, Bruce Turner AM (24 May 2025–25 May 2030)
  • Independent Member, Peter Scarlett (27 June 2021–26 June 2026)
  • Independent Member, Robyn Gray (24 May 2022–23 May 2027).

Our key activities included:

  • refreshing the assurance map in line with the latest strategic risk profile and assurance activities
  • in January 2025, engaging a new resource to review the policy register and update processes, prioritising overdue policies and procedures
  • monitoring key actions taken to mitigate strategic risks or emerging pressures on strategic risks as a result of significant operating transformation projects.

The NSW Government is a self-insurer and provides cover in respect of all our office’s activities.

The Ombudsman approved the 2024–25 internal audit program following endorsement by the ARC and after consultation with the Executive team. We have continued our work with KPMG, the Ombudsman’s internal audit services provider. The ARC has closely monitored the development of the internal audit strategy and the completion of audits.

Key activities included:

  • internal audits on staff psychosocial wellbeing and safety, Mandatory Disease Testing oversight, privacy management and mandatory data breach reporting, enterprise risk management framework and business resilience
  • follow-up of the outcomes of previous internal audit recommendations
  • successfully completing an external quality assessment review of the internal audit function undertaken by the Institute of Internal Auditors (Australia).

4.8 Internal audit and risk management policy attestation statement

Image

4.9 Quality assurance

In 2024–25, we continued to enhance our commitment to quality and accountability by completing the International Ombudsman Institute’s self-assessment tool. The tool is designed to help Ombudsman offices benchmark their functions and capabilities against regional and international best practice. Outcomes from the self-assessment contributed to the development of our new Strategic Plan 2025–2030.

Building on the foundations established last year, we conducted 7 reviews through our Quality Assurance Framework, resulting in 34 recommendations for process improvement. All recommendations from finalised reviews have been accepted, highlighting a focus on continuous improvement and excellence in service delivery.

As a result of the reviews, improvements have included:

  • the introduction of data tools for external training allocation and management
  • additional guidance material for our complaint-handling staff.

4.10 Privacy and Personal Information Protection Act compliance

Our Privacy and Information Management Plan addresses the requirements of both the Privacy and Personal Information Protection Act 1998 (PPIPA) and the Health Records and Information Privacy Act 2002.

In the reporting period we received 2 complaints about our compliance with the PPIPA. Under the PPIPA, people have the right to apply for an internal review of conduct that may have affected their privacy. The Privacy Commissioner must be notified of internal reviews and proposed findings and actions, and has the right to make submissions about internal reviews.

In one case, we concluded that there had been no breach of our PPIPA obligations after conducting an internal review under the Act.

In the other case, we determined that there had been a breach of privacy, took steps to prevent similar breaches occurring in the future, and apologised to the person affected. At the person’s request, we also carried out an internal review. The review confirmed the earlier determination, including that no further action was required in light of steps already taken.

There are also proceedings currently underway in the NSW Civil and Administrative Tribunal that relate to a person’s applications for review of conduct that occurred in 2023 and early 2024.

4.11 Government Information (Public Access) Act reporting

Under the Government Information (Public Access) Act 2009 (GIPA Act) there is a conclusive overriding public interest against the disclosure of information relating to our complaint-handling, investigative and reporting functions. This information is ‘excluded information’ under the GIPA Act. The secrecy provisions of the Ombudsman Act 1974 also limit the information we can make publicly available.

This means that we tend to receive few GIPA Act applications, and those we do receive are frequently invalid (as they seek excluded information). Where an applicant applies for information, some of which is excluded information and some of which is not, we will assist the applicant to make a valid application for information that is not excluded information.

We also consider requests for information (including for excluded information) and decide whether it might be appropriate for us to exercise discretion to voluntarily disclose requested information under section 8 of the GIPA Act or other legislation.

In accordance with the GIPA Act, we also proactively release ‘open access information’ such as information guides, policy documents and reports tabled in Parliament.

In addition, our website provides information about our most recent publications, activities and other information that may be of public interest. This includes public reports and publications, and selected policies, such as our strategic plan and code of ethics and conduct.

Statistical information about access applications

We received no valid GIPA applications and 12 invalid GIPA applications in 2024–25.

The following information is reported in accordance with clause 8 of the Government Information (Public Access) Regulation 2018:

  • Clause 8(a) requires the provision of details of the review carried out by the Ombudsman under section 7(3) of the GIPA Act during the reporting year and details of any information made publicly available by the agency as a result of the review.

In our yearly review, we reviewed the kinds of government information we hold from carrying out our functions. We determined that there had been no significant changes to the kinds of information held that should be released in the public interest.

We determined that the reasons for maintaining the confidentiality of the information held remains unchanged from the previous reporting period. This information relates to matters that we are required to deal with privately and that are sensitive in nature.

No information beyond that already published was made publicly available.

  • Clause 8(b) requires the provision of the total number of access applications received by the Ombudsman during the reporting year (including withdrawn applications but not including invalid applications).

We received no such applications.

  • Clause 8(c) requires the provision of the total number of access applications received by the Ombudsman during the reporting year that the agency refused either wholly or partly, because the application was for the disclosure of information referred to in Schedule 1 to GIPA (information for which there is conclusive presumption of overriding public interest against disclosure).

We received no such applications.

Table 19: Invalid applications

Reason for invalidity

No of applications

Application does not comply with formal requirements (section 41 of the Act)

2

Application is for excluded information of the agency (section 43 of the Act)

10

Application contravenes restraint order

(section 110 of the Act)

Total number of invalid applications received

12

Invalid applications that subsequently became valid applications

0

Table 20: Number of applications reviewed under Part 5 of the GIPA Act (by type of review and outcome)

Decision varied

Decision upheld

No of applications

Internal review

2

2

Review by Information Commissioner*

Internal review following recommendation under section 93 of Act

Review by NCAT

Total

2

2

*The Information Commissioner does not have the authority to vary decisions, but can make recommendations to the original decision-maker. The data in this case indicates that a recommendation to vary or uphold the original decision has been made by the Information Commissioner.

Table 21: Applications for review under Part 5 of the GIPA Act (by type of applicant)

No. of applications

Applications by access applicants

2

Applications by persons to whom information the subject of access application relates (see section 54 of the Act)

4.12 Public interest disclosures

NSW Ombudsman public interest disclosure policy

As an agency covered by the PID Act, our office is required to have policies and procedures in place to facilitate the reporting of wrongdoing by staff. We have made our people aware of the PID Act and assured them that they will be protected and supported if they make a public interest disclosure (PID).

We have a PID policy, which is available on our staff intranet and website. New staff are required to read the policy as part of their induction, and information about reporting wrongdoing is regularly communicated to staff. We also provide training to all PID disclosure officers and people managers in the office about the important role they play in handling disclosures staff may make to them.

4.13 Complaints about us

We welcome feedback about our services, and we take any complaints about our own services and decisions seriously. Complaints provide us with an opportunity to look at the quality of our services and the feedback we receive is used to improve our performance and services.

In 2024–25, we received 15 complaints about the services we provided or the actions of our staff. Issues raised in the formal complaints included allegations of:

  • poor customer service
  • failure to deal appropriately with a complaint
  • failure to respond.

In 2 cases we found the complaints were substantiated. Our resolution included apologising to the complainant and reviewing our policies and practice. These complaints are treated separately from requests for review of our decision: see Section 3.2.

4.14 Report production information

Cost of production

We engaged the following services for this report:

  • an external designer to design and produce the report, at a cost of $15,070
  • a proofreader, at a cost of $2,750
  • an indexer, at a cost of $380.

5. Sustainability

5.1 Modern Slavery Act 2018

NSW Government agencies are required by the Public Works and Procurement Act 1912 to take reasonable steps to ensure that goods and services procured are not the product of modern slavery within the meaning of the Modern Slavery Act 2018.

No modern slavery issues were raised by the Anti-slavery Commissioner during the financial year in relation to the operations of our office. The procurement team continues to monitor and assess modern slavery risks as part of ongoing day-to-day processes.

5.2 Workplace diversity

Our office is committed to building a workforce that is inclusive and respectful where our staff and the stakeholders we work with feel valued and supported.

We continued to embed our Diversity & Inclusion Framework supported by the Diversity & Inclusion Forum and celebrated a number of diversity and inclusion events to promote greater inclusion in the workplace.

Diversity and inclusion

This year we have achieved the following diversity and inclusion milestones:

  • became a member of Menopause Friendly Australia and commenced work towards accreditation as a Menopause Friendly Workplace
  • became a member of Diversity Council Australia
  • continued to partner with Pride in Diversity, and ACON to deliver specialised LGBTQIA+ awareness and inclusivity training
  • renewed our Disability Confident Recruiter accreditation in partnership with the Australian Disability Network continued to partner with Pipeline Talent to increase workforce diversity focusing on Aboriginal and Torres Strait Islander recruitment.

In addition to the above, we continue to celebrate a wide range of diversity and inclusion events through the staff-led Diversity and Inclusion (D&I) Advisory Forum that supports the implementation of a range of D&I initiatives to promote greater inclusion in the workplace.

Inclusive recruitment

All candidates are now asked if they require reasonable adjustments at every stage of the recruitment process, and hiring managers are being educated and guided through the process. We are committed to continuing this journey by building knowledge and awareness of inclusive recruitment practices to ensure candidates have a positive experience at every step of the recruitment process.

During 2024–25 we successfully renewed our accreditation as a Disability Confident Recruiter with the Australian Disability Network. Reaching accreditation involved a comprehensive review of our end-to-end recruitment process, and we have identified and removed any unintended barriers for candidates. We will continue to build our knowledge and awareness of inclusive recruitment practices for all candidates.

Image

Equitable remuneration

Our office had a gender pay gap in average full-time equivalent remuneration of 13.6% as at 30 June 2025. This is an increase from 7.5% as at 30 June 2024.

Our gender pay gap primarily reflects a higher proportion of female staff being in less senior roles compared to men, and this year the recent departure of 3 female executives also contributes to this. We continue to monitor our gender pay gap to ensure our recruitment and remuneration practices do not adversely impact the equitable remuneration of our staff.

Table 22: Trends in the distribution index

Workforce diversity group

Benchmark

2022

2023

2024

2025

Women

100

101

97.6

97.1

95.9

Aboriginal and/or Torres Strait Islander people

100

N/A*

N/A*

N/A*

N/A*

People whose first language spoken as a child was not English

100

90

93.1

94.1

93.5

People with disability

100

N/A*

N/A*

N/A*

N/A*

People with disability requiring work-related adjustment

100

N/A*

N/A*

N/A*

N/A*

Note 1: A distribution index score of 100 indicates that the distribution of members of the workforce diversity group across salary bands is equivalent to that of the rest of the workforce. A score of less than 100 means that members of the workforce diversity group tend to be more concentrated at lower salary bands than is the case for other staff. The more pronounced this tendency is, the lower the score will be. In some cases, the index may be more than 100, indicating that members of the workforce diversity group tend to be more concentrated at higher salary bands than is the case for other staff.

*The distribution index is not calculated when the number of employees in the workforce diversity group is less than 20 or when the number of other employees is less than 20.

Table 23: Trends in the representation of workforce diversity groups

Workforce diversity group

Benchmark

2022

2023

2024

2025

Women

50.0%

76.2%

76.9%

76.9%

77.2%

Aboriginal and/or Torres Strait Islander people

3.3%

4.0%

4.9%

5.4%

4.2%

People whose first language spoken as a child was not English

23.2%

27.0%

26.1%

26.8%

28.2%

People with disability

5.6%

9.0%

8.9%

9.9%

7.3%

People with disability requiring work-related adjustment

N/A

0.8%

1.0%

1.6%

1.2%

Note 1: The benchmark of 50% for the representation of women across the sector is intended to reflect the gender composition of the NSW community.

Note 2: The NSW Public Sector Aboriginal Employment Strategy 2014–17 introduced an aspirational target of 1.8% by 2021 for each of the sector’s salary bands. If the aspirational target of 1.8% is achieved, the cumulative representation of Aboriginal employees in the sector is expected to reach 3.3%.

Note 3: A benchmark from the Australian Bureau of Statistics (ABS) Census of Population and Housing has been included for people whose first language spoken as a child was not English. The ABS Census does not provide information about first language but does provide information about country of birth. The benchmark of 23.2% is the percentage of the NSW general population born in a country where English is not the predominant language.

Note 4: In December 2017 the NSW Government announced the target of doubling the representation of people with disability in the NSW public sector from an estimated 2.7% to 5.6% by 2027. More information can be found online.34 The benchmark for ‘People with disability requiring work-related adjustment’ was not updated.

Table 24: Workforce diversity actual staff numbers at census date (as at 1 July 2025)

Image

5.3 Our work health and safety

Work health and safety

We have the following work health and safety (WHS) policies and practices in place:

  • work health and safety policy
  • bullying, harassment and discrimination policy and procedure
  • flexible ways of working model
  • mandatory disease testing policy
  • reporting and managing incident and hazard reports
  • resolving WHS issues at NSW Ombudsman
  • return to work program
  • workplace adjustment policy and procedure
  • WHS risk assessment form and guidance
  • working at home policy.

Emergencies are managed in accordance with the emergency management plan for our building and risk management practices are informed by the NSW Ombudsman Risk management framework and policy.

During the year, we developed our workplace adjustment policy and procedure and revised the bullying, harassment policy and procedure.

We also broadened the scope of our WHS risk register to include the management of all the hazards listed within the SafeWork NSW Code of Practice: Managing Psychosocial Hazards at Work.

Work Health and Safety Committee

We have a WHS Committee, comprised of management and staff representatives from our branches, who actively collaborate to identify and resolve safety concerns and provide feedback about safety policies, procedures and tools, and the physical and psychosocial risk register.

The committee reviews and actions WHS inspections, identifies WHS hazards and risks, and understands how operational and business requirements can impact upon the physical and psychological safety of our staff, contractors, complainants and visitors.

Work health and safety injuries and incidents

There were 13 work-related incidents logged in 2024–25 that were reported and managed for risk. This rise in the number of reported incidents, in comparison to 2023–24, was attributed to an increase in awareness about the need to report physical and psychosocial incidents. We also completed an internal audit focused on psychosocial wellbeing and safety, which has identified a range of recommendations and corrective actions now being implemented to help manage health and safety risks.

Workers’ compensation claims

We participate in the Treasury Managed Fund, a self-insurance scheme for the NSW public sector.

As of 30 June 2025, there were 6 open workers’ compensation claims.

Table 25: Workers’ compensation claims — 2-year comparison

2023–24*

2024–25

Claims bought forward

1

1

New claims

0

6

Reopened claims

0

0

Claims closed

0

1

Open claims 30 June

1

6

*One new claim related to 2024–25 was incorrectly attributed to 2023–24 in last year’s annual report and has been corrected in this report.

Table 26: Workers’ compensation claim rate — 2-year comparison

2023–24*

2024–25

Number of submitted claims

0

6

FTE

233.6

250.1

Incidence rate (%)

0.0%

2.4%

*One new claim related to 2024–25 was incorrectly attributed to 2023–24 in last year’s annual report and has been corrected in this report.

5.4 Environmental sustainability

Assessing our environmental risks

In 2024–25, we undertook a comprehensive climate risk assessment supported by the NSW Government Climate Risk Ready NSW Guide and in alignment with the NSW Climate Change Adaptation Strategy. Through this process, we identified our climate change risks and associated mitigation strategies, as well as opportunities arising from these risks or their treatments.

Maintaining our greenhouse performance

In 2024–25, we maintained our greenhouse emissions performance by:

  • operating in a carbon-neutral certified, 5-star-rated (with 79% renewable energy) green building
  • using energy-efficient equipment
  • using timers on lights, equipment and supplementary air conditioners.

Reducing our environmental impact

We report progress against the Government Resource Efficiency Policy (GREP). In 2024–25, we focused on reducing our environmental footprint by:

  • using 100% recycled paper in printers
  • using sorting bins and encouraging recycling through internal communication channels
  • maximising diversion of waste by recycling toner cartridges.

6. Financial Performance

6.1 Financial information

Revenue, expenses and financial position

Revenue

The majority of our revenue comes from the NSW Government in the form of a consolidated fund appropriation. This is used to meet both recurrent and capital expenditure. In 2024–25, we received $53.0 million appropriation, an increase of $1.6 million from $51.4 million received in 2023–24.

Training revenue increased slightly to $0.9 million from $0.8 million in 2023–24. Acceptance by the Crown of employee benefits and other liabilities decreased to $1.8 million, which is offset against an expense of the same amount. We also received $0.5 million in interest income. Refer to the financial statements for additional detail.

Figure 7: 2024–25 Revenue ($’000)

Image

Figure 8: Training revenue ($’000)

Image

Expenses

Total expenses recorded was $57.0 million, in line with $56.8 million budgeted expenses. Employee-related expenses accounted for 69% of total expenses. Other significant operating expenses included contractors ($4.2 million (2023–24: $5.4 million)), information technology services ($3.9 million (2023–24: $3.7 million)) and professional services ($1.7 million (2023–24: $1.0 million).

Figure 9: 2024–25 expenses ($’000)

Image

Key financial statistics

Our expenditure is managed within Net Cost of Service (NCOS) control limits set by NSW Treasury. We have delivered our programs and approved expenditure within the approved NCOS limits this year, as we have done for the last 5 years (shown in Figure 10. Net cost of services 2020-25). NCOS excludes direct appropriations and Crown-accepted revenue items.

Figure 10: Net cost of services 2020-25 ($’000)

Image
Image

Financial statements

The financial statements are prepared in accordance with legislative provisions and accounting standards and are audited by the Audit Office of NSW. The independent auditor’s report and financial statements can be found in Section 6.2.

Payment of accounts

The charts below indicate that on-time payments in 2024–25 declined slightly compared to 2023–24; on average 96% of invoices were paid on time (82% for small business invoices). Late payments were mainly due to internal delays in purchase order processing.

Figure 11: Payment of accounts — all suppliers

Image

Figure 12: Payment of accounts — small business suppliers

Image

6.2 Audited financial statements (including Independent Auditor’s Report)

Please see page 87-110 of the Annual Report.

Appendix and Indexes

Please see page 111-127 of the Annual Report.

Back to top
Journey Together artwork

We acknowledge the traditional custodians of the land on which we work and pay our respects to all Elders past and present, and to the children of today who are the Elders of the future.

Artist: Jasmine Sarin, a proud Kamilaroi and Jerrinja woman.