Team features

ACT regional team

The Commonwealth Ombudsman is also the ACT Ombudsman, performing the role under the Ombudsman Act 1989 (ACT) in accordance with a Memorandum of Understanding between the Ombudsman and the ACT Government. Complaints received in the Ombudsman's Canberra office concern Australian Government as well as ACT Government departments and agencies, and are handled by the ACT Regional Team.

The ACT Regional Team comprises eight staff, headed by a Senior Assistant Ombudsman. The Team is experienced in handling a diversity of complaints, from local planning and road traffic matters to complaints about national social welfare and immigration issues.

The Team is located in a shopfront on the ground floor of the National Office in Canberra. Since the opening of the shopfront in June 2004 there has been an increase in the number of people attending in person to discuss and lodge their complaints about Australian and ACT Government departments and agencies.

The shopfront has increased public awareness of the existence and role of the office and the service it provides to the community. Team members resolve complaints and provide information on other complaint-handling bodies at the local and national level. The Team also raises awareness of the office through its interaction with community sector organisations and individuals. Outreach activities extend to rural and regional areas of NSW to ensure that people are aware of and have access to the Ombudsman's office.

defence team

The Commonwealth Ombudsman is also the Defence Force Ombudsman (DFO), a function conferred in 1983. The role of the DFO is to investigate complaints from serving and former members of the Australian Army, Navy and Air Force. This is different from the standard role of the Commonwealth Ombudsman, which does not include investigation of complaints arising from employment-related matters in the Australian Public Service.

The DFO's responsibility includes investigation of complaints arising from decisions in relation to postings, payment of allowances and discharge action and extends to the provision of compensation, pensions and support services. The principal agencies within the DFO's jurisdiction are the Department of Defence, the Defence Housing Authority and the Department of Veterans' Affairs (DVA).

The Defence Team is located in Canberra and comprises three investigation staff. The Team investigates the more complex complaints received by the DFO. Ombudsman staff in offices throughout Australia investigate straightforward complaints received in their geographical location.

Team members meet regularly with representatives from the Department of Defence's Complaint Resolution Agency to discuss current issues arising from complaints and to develop and implement strategies to improve the effectiveness of complaint investigation by both agencies. Regular liaison with key contacts in DVA, the Department of Defence and the armed forces also helps the Defence Team to maintain up-to-date knowledge of legislation and procedures that may result in complaints. The Defence Team is better placed as a result to provide advice and backup to other Ombudsman staff throughout Australia.

We are currently working closely with the Complaint Resolution Agency and the Inspector-General of the Australian Defence Force, to look at the nature of complaints coming through to our office and more effective means of resolving complaints. This should result in faster responses and better service to complainants, and hopefully less bureaucracy in the handling of complaints.

Further information in Chapter 5.

immigration team

The Immigration Team is located in the National Office in Canberra. The Team is supervised by a Senior Assistant Ombudsman and comprises three senior staff who are experienced in dealing with a range of complex cases and major investigations.

Complaints come in to all eight offices of the Commonwealth Ombudsman and are generally dealt with by the office in which the complaint is received. Highly complex complaints are referred to the Immigration Team. The role of the Team is to provide advice to other investigation officers on immigration matters, to monitor complaint trends and to identify systemic issues arising out of complaints about the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA).

As well as dealing with complaints in relation to DIMIA, the Immigration Team deals with complaints relating to the Migration Agents Registration Authority, the Migration Review Tribunal and the Refugee Review Tribunal. The majority of the work of the Team relates to DIMIA. The most common areas of concern are decisions made on permanent visa applications for overseas family members or spouses and on temporary visa applications for students and tourists. Complaints from detainees in immigration detention facilities most commonly relate to access to medical services, property that was allegedly lost or stolen and incidents of assault, both by detention facility staff and by other detainees.

A key responsibility of the Team is liaison with DIMIA officers on a regular basis with the aim of improving communication and cooperation between the two agencies. This approach has been effective, with the Team regularly being asked by DIMIA to provide input into draft procedures and policies, particularly in relation to detention facilities. During the past year, the Team worked with DIMIA on a major investigation of an incident at the Port Hedland facility. An issue being taken up by the Team in liaison with DIMIA is more effective internal complaint handling in DIMIA, with a view to reducing the number of complaints about DIMIA and ensuring more efficient handling of complaints.

Further information in Chapter 5.

Law enforcement team

The Law Enforcement Team consists of seven investigators, with a Senior Assistant Ombudsman overseeing the Team. Located in Canberra, the Law Enforcement Team handles all complaints about the Australian Federal Police (AFP) in its international and national policing roles, and its community policing role for the Australian Capital Territory. The Ombudsman's law enforcement activities also include the Australian Protective Service and the Australian Crime Commission (ACC).

Complaints about the AFP are distinguished from other complaints received by the Ombudsman in one key respect. Under the Complaints (Australian Federal Police) Act 1981, the AFP must inform the Ombudsman of all complaints received by the AFP. In this way, the Ombudsman oversights the AFP's handling of complaints. This approach allows the Ombudsman to ensure that complaints are handled properly and to make observations about the AFP's overall complaint handling and investigation process.

The Law Enforcement Team also inspects the records of the AFP and the ACC's telecommunications interceptions and controlled operations (ie activities that might otherwise be unlawful but which are authorised in order to gather evidence). The results of these inspections are reported direct to the Attorney-General and to the Presiding Officers of Parliament.

The work of the Law Enforcement Team is expanding as the Australian Government extends its role in law enforcement. New legislation concerning the use of surveillance devices that will entail significant inspection work by the Team is being considered by Parliament. It is expected that similar legislation will be developed for other forms of law enforcement activity. The Team is also a contact point for persons detained under new anti-terrorism legislation.

This increased role means that the Law Enforcement Team continues to play an important part in ensuring that the accountability and integrity of law enforcement agencies is maintained.

Further information in Chapter 5.

Social support team

The Social Support Team is located in the National Office in Canberra and is staffed by a team of three investigation officers, headed by a Senior Assistant Ombudsman. Their collective knowledge and practical experience equates to approximately 35 years of working for social welfare agencies.

The Social Support Team was established in 2001 following identification of the need to establish a small team of specialist analysts to consider systemic issues arising in the delivery of social support programs, particularly those developed and administered by the Department of Family and Community Services (FACS), Centrelink and the Child Support Agency (CSA). Complaints received about Centrelink and the CSA account for nearly 60% of all complaints received by the Ombudsman.

Since 2001, the Social Support Team has been responsible for investigating complex or common theme complaints, providing advice and guidance to investigation staff nationally throughout the office and conducting statistical analysis of complaint data and complaint trend assessment. When required, the Social Support Team assumes responsibility for complex investigations originating in other offices and provides feedback to staff about achieved outcomes.

Being based in Canberra, the Social Support Team is able to take advantage of its close proximity to the national offices of FACS, Centrelink and the CSA, and meet regularly with senior staff to discuss complaint issues and trends. This interaction has proved beneficial from the viewpoint of negotiating complaint remedies and reducing the potential impact of some systemic complaint issues. The Social Support Team sees value in the ability to have open and frank discussions about complaint matters and finds direct and regular contact with senior agency officials the key to achieving results.

The Team also works on the Ombudsman's own motion investigations relating to social support programs. The result of one such investigation during 2003–04, was the publication of a major study into the CSA's administration of change of assessment decisions made on the basis of parent's income, earning capacity, property and financial resources. This own motion investigation is reported on in the 'Promoting good administration' chapter.

Further information in Chapter 5.

tax team

While the Ombudsman's office has always had jurisdiction over the Australian Taxation Office (ATO), the Joint Committee of Public Accounts recommended in 1993 that the Ombudsman's office be given sufficient resources to investigate tax complaints more adequately. The Committee's recommendation stemmed from its conclusion that a fundamental imbalance existed between the powers of the ATO and the rights of taxpayers. Accordingly, the Ombudsman may now call himself the 'Taxation Ombudsman' when performing his functions in relation to the ATO. Since mid-1995, when the specialist Tax Team commenced operation, the Ombudsman has received over 20,000 taxation complaints.

The Tax Team is supervised by the Special Tax Adviser, and comprises five officers and a part-time consultant. Other Ombudsman staff, located in offices throughout Australia, also provide assistance by investigating less complex complaints and by acting as referral points. The Tax Team provides advice and support to those staff members, as well as handling around half of all tax complaints received. The Ombudsman is the only external complaint-handling agency for taxpayers with complaints about the ATO. The Ombudsman also continues to identify systemic remedies arising from individual complaints, and can conduct own motion investigations.

The Tax Team liaises with the office of the Inspector-General of Taxation (IGT), who conducts reviews on aspects of the tax system. To avoid duplication in the work of the Taxation Ombudsman and the IGT, there is regular consultation between the two offices. In developing his work programs, the IGT consults with the Ombudsman and provides an opportunity to comment on reviews. During 2003–04, the Ombudsman made submissions to the IGT in relation to a review of the ATO's remission of the general interest charge for groups of taxpayers in dispute with the ATO, and in relation to a review of ATO's small business debt collection practices.

Further information in Chapter 5.

corporate communication, information and outreach team

The Corporate Communication, Information and Outreach Team located in Canberra supports the core business of the office, providing an integrated and coordinated approach for corporate communication, information management and outreach activities. The Team consists of the Chief Information Officer and two staff.

Key responsibilities and activities include developing and maintaining the office's internet and intranet websites; managing corporate information in electronic and hardcopy forms; coordinating content, design and printing of publications (for example, the Commonwealth Ombudsman and ACT Ombudsman annual reports); producing brochures, posters and corporate stationery; supporting outreach activities; responding to information requests; and facilitating the flow of information between the office and the general community, government agencies, Parliament and the media.

During the year, the Commonwealth Ombudsman was exempted from having to use the Australian Government logo and given authorisation to continue to use the office's logo. Subsequently, the Team worked on refreshing our logo and corporate branding to ensure consistency, and has gradually applied this to corporate stationery, signage and publications. Significant progress was achieved in revising and updating the office's Complaint Investigation Guidelines, which will be adapted for online use in the new complaints management system. The Team also coordinated a client satisfaction survey of 2,000 complainants, which provided the office with valuable benchmark data for assessing how well complainants think we are doing our job.

In conjunction with the Information Technology Director, the Team researched web content management systems and options for website redevelopment,specifically targeting the online complaint function.

In the coming year, we will develop and implement an enhanced outreach program to rural and regional Australia. The Ombudsman received additional funding for the office's outreach program in the 2004–05 Budget, and new positions were created throughout Australia, including an Outreach Manager based in Canberra.

information technology team

The Information Technology (IT) Team is based in Canberra and comprises seven people. The Team is responsible for facilitating network and desktop electronic services, security and access controls to all offices nationally. It covers three essential operational areas: case management and information management; network/systems administration; and help desk support.

The complaints management system is the office's core business application, supporting the workflow of information and management of data pertinent to investigations. Two case management officers configure and control this application. The Network Administrator manages the systems aspects of the IT environment, including networking and servers. This includes database systems and security configuration and control. The help desk is responsible for initial staff introduction and training, desktop support and asset management. The IT Director manages the aspects of strategic planning, budget planning, project management and contracts management for the IT services for the office.

The IT Team works closely with the investigation and management areas of the office to ensure appropriate planning and delivery of services. This includes facilitating reporting and trend analysis. The Team coordinates market testing and analysis to ensure appropriate service delivery and value for money according to functional requirements for management of information and service delivery.

Significant functionality enhancements are currently underway to improve IT services for the office. These include improvements in management of web services, information management and complaints management systems.

Further information in Chapter 10.

corporate support

Finance Team

The Finance Team is located in the Canberra office and comprises two staff. Team members are responsible for budgets, procurement and contract administration, business procedures, coordinating Senate reporting and supporting the office's Audit Committee.

The Team also oversee the office's outsourced finance function handled by Duesburys Chartered Accountants, who carry out accounting operations and financial administration, including taxation and most financial reporting for the office. In 2003–04, Walter Turnbull conducted most of the office's internal compliance and business audits and reviews.

Human Resource Management, Records Management and Support Services Team

The Human Resource Management, Records Management and Support Services Team of four provides advice and services to management and employees. This relates to pay and conditions, recruitment, training and development, occupational health and safety, workplace diversity, workplace relations, records management practices and procedures, office services and facilities management to underpin the Ombudsman's objectives.

The training programs coordinated by the team on introductory and advanced investigations are attended by staff from other government agencies, and from Ombudsman offices in Australia and the Asia–Pacific region.

Executive Team

The Ombudsman and Deputy Ombudsman discharge a large number of managerial and statutory responsibilities imposed by the Ombudsman Act and other legislation and executive directives. Together with their Executive Assistants, they constitute an Executive Team that provides direction and assistance to the office as a whole on matters such as drafting, presentation and preparation of reports and correspondence, managing the flow of correspondence, providing national coordination of meetings and telephone conference discussions between our eight offices, and liaising with State and International Ombudsman offices and key agencies.

Legal and Policy Team

The Director of Legal and Policy and a part-time Freedom of Information officer provide the Ombudsman's legal and policy advice. The expertise of Ombudsman investigation staff with legal qualifications is also drawn upon.

The Director provides in-house legal advice to investigators and managers, handles the office's responsibilities under the Freedom of Information Act 1982, the Privacy Act 1988 and other administrative law and information access legislation, and provides or arranges representation in tribunals and courts.

Legal and Policy supports the Ombudsman, investigation and corporate staff by providing research and guidance. The team is also the first point of contact on policy and legislation issues affecting the Ombudsman, deals with FOI and external review, and advises on proposals affecting the office's work.