The Volksanwaltschaft (Office of the People's Advocate) was established in 1977, initially on a trial basis. In 1981, it was made a permanent institution. It is defined in Arts. 148a to 148j of the Federal Constitution (Bundesverfassungsgesetz) (B-VG.art.148a-148j).

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The Volksanwaltschaft (Office of the People's Advocate) was established in 1977, initially on a trial basis. In 1981, it was made a permanent institution. It is defined in Arts. 148a to 148j of the Federal Constitution (Bundesverfassungsgesetz) (B-VG.art.148a-148j).

The three Volksanwälte (People's Advocates) that exist on the federal level are elected for a period of 6 years and cannot be dismissed from office during that time. They exercise their office independently.

Their task is to consider grievances against the administration. Everybody has the right to submit grievances against the administration in respect of matters with which he or she is personally concerned and as far as there is no or no longer any other remedy available. The Volksanwaltschaft can also act ex officio.

The powers of the Volksanwaltschaft are restricted to investigation and recommendation. It does not have the power to make binding decisions or impose sanctions. Every year it publishes a report on its activities. Despite these restricted powers, it is regarded as an efficient means of redressing grievances. The Austrian Office of the People's Advocate is entrusted with the task of examining all alleged or presumed grievances arising in connection with the public administrative system. Although part of the complaints filed with this Office are brought by foreigners, notably as concerns the behavior of the police and the application of asylum law and procedures, the People’s Advocates have stated that it is impossible, on the basis of these cases, to identify a trend towards discriminatory acts or practices on the side of the public administration.

The original competence of the Volksanwaltschaft extends only to the federal administration. Most of the Länder have however, subjected their administrations to the scrutiny of the federal Volksanwaltschaft. The only two states which have not done so, Tirol and Vorarlberg, have established independent Volksanwaltschaften for their jurisdictions.

Although the Volksanwaltschaft is open to complaints about racism, anti-Semitism, xenophobia and intolerance, few complaints have been submitted to it, and in no case were the alleged facts proven true.

Federal Minister of the Interior appoints the Advisory Council for Asylum and Migration Matters, which makes recommendations on concrete issues of asylum and integration, in particular on the implementation and financing of integration assistance, on the granting of repatriation assistance and on the use of discretionary authority in individual cases in order to establish grounds for the lawful stay of an alien for humanitarian reasons (A.FrG.art.51a).

Article 3 of the National Minorities Act (Volksgruppengesetz, 1976) requires the establishment of special National Minority Advisory Councils (Volksgruppenbeiräte) at the Federal Chancellery in order to assist the Federal Government in matters pertaining to national minorities (VGG.art.3). These Advisory Councils must protect and represent the cultural, social and economic interests of their respective minorities and must, above all, be consulted before legal rules are adopted, or in respect of general plans concerning public grants which may affect the interests of the minorities. They may also submit proposals on how to improve the situation of the national minorities and the individual members of these minorities. The national minorities may also advise the regional governments if requested by the latter. Each national minority for which an Advisory Council is established as well as the number of Council members are determined by ordinance. On the basis of the Federal Government's ordinance on the National Minority Advisory Councils, there are currently six such Councils in operation: Croats, Czechs, Hungarians, Roma,  Slovaks and Slovenes. One half of the members of a National Minority Advisory Council are to be nominated at the proposal of associations whose statutory aim is to protect minority interests and which are representative of their national minority. The other members of the Council are selected, for one, from persons belonging to general representative institutions who were elected either because of their affiliation with, or who belong to that minority and, for another, from minority members proposed by a church or religious community. All Council members are expected to commit themselves to the interests of their national minority and to the aims of the National Minorities Act, and they must be eligible for election to the Nationalrat.

The public administration is open to complaints about racism, anti-Semitism, xenophobia and intolerance. In 1999 a  Human Rights Advisory Council (Komissionen des Menschenrechtsbeirates) has been attached to the Ministry for the Interior which is also mandated to investigate allegations of human rights abuses. Another Advisory Council to the Minister of Interior advises on all issues of the integration of foreigners. Both Councils comprise also representatives of non-governmental organizations

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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