Commonwealth Ombudsman annual report 2003–2004

CHAPTER 12 | statistics

TABLE 1—Complaints received, and complaints and issues finalised, 2003–04, Ombudsman Act 1976 (including Freedom of Information)

TABLE 2—AFP complaint issues finalised, 2003–04, Complaints (Australian Federal Police) Act 1981
TABLE 3—AFP method of handling complaint issues finalised, 2003–04, Complaints (Australian Federal Police) Act 1981

Legend for Tables

Advised to pursue elsewhere—complainant advised to pursue complaint directly with agency, court or tribunal, industry or subject specialist, Member of Parliament or Minister.

AFP investigation—AFP investigation of complaints against AFP members and review by the Ombudsman.

AFP workplace resolution—complaints managed by the AFP in the workplace.

Agency defect—defective administration determined where an agency has not acted fairly, reasonably or in accordance with its legislation, policies and procedures.

Complaint not pursued—withdrawn by complainant, or written complaint requested but not received.

Complaints finalised—complaints finalised in 2003–04, including some complaints carried over from previous years.

Complaints received—complaints received in 2003–04.

Conciliated—complaint conciliated through the AFP's workplace resolution process.

Incapable of determination—sufficient evidence was not available to support a clear conclusion.

Issues—complaints can contain a number of issues, each requiring a separate decision as to whether to investigate. Each issue may result in a separate outcome.

 

Ombudsman decision not to investigate—the Ombudsman may decide not to investigate where a person has not tried to resolve their problem directly with the relevant agency or there is a more appropriate avenue of review available.

Ombudsman investigation—further investigation, following preliminary inquiries stage, asking more questions and reviewing the agency's files, policies and procedures.

Ombudsman investigation not warranted—complaint not warranted for one of the following reasons: over 12 months old, frivolous or not in good faith, insufficient interest, related to commercial activity, or 'not warranted' having regard to all the circumstances.

Ombudsman preliminary inquiries—initial inquiry to determine whether a complaint is within jurisdiction, an investigation is required or the complaint can be resolved by informal inquiries.

Out of jurisdiction—lacks legal authority to investigate complaint.

Resolved without determination—complaint issues resolved before the office reached a view as to whether or not there was any defective administration.

Special investigation—investigations conducted under s 46 of Complaints Act may be conducted solely by the Ombudsman or jointly with the AFP.

Substantiated/unsubstantiated—complaint issue established to Ombudsman's satisfaction/was insufficient evidence to support complaint.

Commonwealth Ombudsman Annual Report 2003-04 | Chapter 12

Commonwealth Ombudsman annual report 2003–2004

CHAPTER 12 | statistics

TABLE 1—Complaints received, and complaints and issues finalised, 2003–04, Ombudsman Act 1976 (including Freedom of Information)

TABLE 2—AFP complaint issues finalised, 2003–04, Complaints (Australian Federal Police) Act 1981
TABLE 3—AFP method of handling complaint issues finalised, 2003–04, Complaints (Australian Federal Police) Act 1981

Legend for Tables

Advised to pursue elsewhere—complainant advised to pursue complaint directly with agency, court or tribunal, industry or subject specialist, Member of Parliament or Minister.

AFP investigation—AFP investigation of complaints against AFP members and review by the Ombudsman.

AFP workplace resolution—complaints managed by the AFP in the workplace.

Agency defect—defective administration determined where an agency has not acted fairly, reasonably or in accordance with its legislation, policies and procedures.

Complaint not pursued—withdrawn by complainant, or written complaint requested but not received.

Complaints finalised—complaints finalised in 2003–04, including some complaints carried over from previous years.

Complaints received—complaints received in 2003–04.

Conciliated—complaint conciliated through the AFP's workplace resolution process.

Incapable of determination—sufficient evidence was not available to support a clear conclusion.

Issues—complaints can contain a number of issues, each requiring a separate decision as to whether to investigate. Each issue may result in a separate outcome.

 

Ombudsman decision not to investigate—the Ombudsman may decide not to investigate where a person has not tried to resolve their problem directly with the relevant agency or there is a more appropriate avenue of review available.

Ombudsman investigation—further investigation, following preliminary inquiries stage, asking more questions and reviewing the agency's files, policies and procedures.

Ombudsman investigation not warranted—complaint not warranted for one of the following reasons: over 12 months old, frivolous or not in good faith, insufficient interest, related to commercial activity, or 'not warranted' having regard to all the circumstances.

Ombudsman preliminary inquiries—initial inquiry to determine whether a complaint is within jurisdiction, an investigation is required or the complaint can be resolved by informal inquiries.

Out of jurisdiction—lacks legal authority to investigate complaint.

Resolved without determination—complaint issues resolved before the office reached a view as to whether or not there was any defective administration.

Special investigation—investigations conducted under s 46 of Complaints Act may be conducted solely by the Ombudsman or jointly with the AFP.

Substantiated/unsubstantiated—complaint issue established to Ombudsman's satisfaction/was insufficient evidence to support complaint.