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The NSW Ombudsman has put Revenue NSW on notice for blocking an individual from making a complaint to the Ombudsman and the Independent Commission Against Corruption.
NSW Ombudsman slams Revenue NSW for blocking complaints
09 July 2025
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8 minute read
The NSW Ombudsman is warning government agencies to allow formal complaints to be made to integrity bodies, after Revenue NSW blocked a complaint from the Ombudsman without his knowledge.
Government agencies were “formally reminded” by the Ombudsman in a “special report” which recommended that they were to not block individuals from making a report or complaint to NSW integrity bodies.
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The report Deeds of Release and complaints to integrity agencies was written and tabled in the state parliament after the Ombudsman was made aware that Revenue NSW had blocked a complaint.
Paul Miller, NSW Ombudsman, said during a dispute settlement with an individual, Revenue NSW made them sign a Deed of Settlement and Release, preventing them from making complaints to the Ombudsman and the Independent Commission Against Corruption (ICAC).
Miller said the interference was a serious matter and contrary to public interest, as NSW residents had the right to make complaints to his office.
“The conduct referenced in this report is deeply concerning, inappropriate and unacceptable,” he said.
“People have the statutory right to complain to integrity agencies, including to raise any concerns they might have about corruption, maladministration or other wrong conduct by a government agency or official.”
According to Miller, the Deed issued by Revenue NSW also outlined that the signatories would have to withdraw any prior complaints.
The report noted it had been triggered in various events of the Ombudsman having been approached by members of the public who highlighted problems with the conduct of Revenue NSW.
From this, the Ombudsman requested a copy of the Deed, which asked the complainant to: “cease pursuit of and/or withdraw any existing complaints or applications for investigation or relief lodged with the NSW Ombudsman, the Independent Commission Against Corruption, the Minister and/or any other external body”.
The Deed also said that the complainant could, “not make any new claims or complaints to the NSW Ombudsman, the Minister, or the Independent Commission Against Corruption or any external body in relation to the issues in dispute . . .”.
In addition, the Deed provided to the Ombudsman bore the name of the NSW Crown Solicitor.
John Hatzistergos, ICAC chief commissioner, said any provision to block complaints from the Ombudsman, the ICAC, or an integrity body was legally unforeseeable and a criminal offence.
“Such a provision is contrary to the public interest that corrupt conduct and other forms of wrongdoing are reported to relevant agencies so that they may be properly assessed and, if appropriate, investigated,” Hatzistergos said.
“The ability to receive and assess reports of wrongdoing is, as noted in the report, essential to the work of integrity agencies.”
The report included various recommendations, including the suggestion that Revenue NSW write to those affected and advise them to disregard any provision that purported to prevent them from making a complaint to the Ombudsman or ICAC.
However, despite the report and its recommendations, the Ombudsman said it was not an investigation and that no findings of misconduct had been made against the agency.
“The NSW Ombudsman this year celebrates 50 years of serving the people of NSW. The issues outlined in this special report are a timely reminder of the important work undertaken by integrity agencies,” Miller said.
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