Commonwealth Ombudsman annual report 2006-2007

APPENDIX 1 | Occupational health and safety

Occupational health and safety policies

The Ombudsman’s office reviewed its Occupational Health and Safety (OH&S) policy and guidelines in 2006. Other related guidelines updated during the year included the Harassment Prevention Policy, Working from Home guidelines and the Workplace Diversity Framework and Plan. The office also provided detailed information on its intranet outlining the changes to the Safety, Rehabilitation and Compensation Act 1988, including advice provided by Comcare on frequently asked questions.

The Ombudsman reports each year against the statement of commitment signed in 2005, to actively work towards achieving the targets set out in the Occupational Health and Safety and Rehabilitation Performance Improvement Targets for Commonwealth Premium Paying Employees (2002–2012) strategy.

Occupational health and safety committee and representatives

A health and safety representative is located in each office. The representatives manage OH&S matters either through the OH&S Committee that meets twice a year, through regular staff meetings or by seeking assistance from the OH&S officer. Two health and safety representative vacancies were filled in accordance with the office’s OH&S Agreement.

During the office induction process all new employees are advised of the importance and responsibilities of both staff and management for health and safety in the workplace. New employees are provided with a workplace assessment during the first week of commencement and familiarisation with their physical work environment.

During the year there were no accidents or injuries reportable under s 68 of the Occupational Health and Safety Act 1991 (OH&S Act) and there were no investigations conducted in the office under ss 29, 46 or 47 of the OH&S Act.

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Health and safety measures

During 2006–07 the office:

To promote a supportive working environment, the office provides staff with access to an employee assistance program, that provides a confidential counselling service, facilitation of teamwork issues, career advice and the management of any work-related or personal issue.

APPENDIX 2 | Freedom of information statement

Section 8 of the Freedom of Information Act 1982 (FOI Act) requires each Australian Government agency to publish information about the way it is organised, its powers, the kinds of decisions it makes, the documents it holds, the way members of the public can obtain access to these documents and any arrangements for public involvement in the work of the agency.

The body of this annual report explains the organisation and major functions of the Commonwealth Ombudsman. This statement supplements that general information to meet the requirements of s 8 of the FOI Act. It is correct as at 30 June 2007.

Functions and decision-making powers of the Ombudsman

The Commonwealth Ombudsman was established by the Ombudsman Act 1976 (Ombudsman Act). The Act came into effect on 1 July 1977 and is administered by the Prime Minister. The Ombudsman is also the Defence Force Ombudsman, the Immigration Ombudsman, the Law Enforcement Ombudsman, the Postal Industry Ombudsman and the Taxation Ombudsman.

The national office of the Commonwealth Ombudsman and the office of the Australian Capital Territory Ombudsman are co-located in Canberra. Other offices are located in Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth and Sydney.

The Ombudsman and Deputy Ombudsmen are statutory officers appointed under the Ombudsman Act. Staff are employed under the Public Service Act 1999.

Investigation of administrative actions

Following a complaint from a member of the public, or using ‘own motion’ powers under the Ombudsman Act, the Ombudsman may investigate the administrative actions of most Australian Government departments and agencies and private contractors delivering government services.

The Ombudsman cannot investigate:

The Ombudsman can decide not to investigate complaints that are ‘stale’ or frivolous, where the complainant has not first sought redress from the agency, where some other form of review or appeal is more appropriate, or where it is considered an investigation would not be warranted in all the circumstances.

The Ombudsman may conduct a complaint investigation as considered appropriate. The powers of the Ombudsman are similar to those of a Royal Commission, and include compelling an agency to produce documents and examining witnesses under oath. Most investigations are conducted with minimal formality.

Ombudsman investigations are private and details are generally not revealed to people who are not legitimately concerned with the investigation. The Ombudsman’s office is subject to the FOI Act and the Privacy Act 1988.

Following an investigation, the Ombudsman is required to consider whether the actions of the department or agency were unreasonable, unlawful, improperly discriminatory or otherwise wrong.

When the Ombudsman concludes that an agency has erred, the Ombudsman may report that view to the agency and recommend whatever remedial action the Ombudsman thinks is appropriate. If the agency does not implement that action, the Ombudsman can report to the Prime Minister and report to the Parliament. The Ombudsman must inform complainants of the action taken by the office in response to their complaints.

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Defence Force Ombudsman

Section 19C of the Ombudsman Act provides that the Commonwealth Ombudsman shall be the Defence Force Ombudsman (DFO). The DFO can investigate complaints from current or former members of the Australian Defence Force about Defence Force employment matters. The DFO cannot investigate most actions connected with disciplinary proceedings or the grant or refusal of an honour or award to an individual. The DFO investigates complaints from serving members only after they have exhausted internal grievance mechanisms, unless there are exceptional circumstances. The DFO also investigates complaints from ex-service personnel or their families.

Immigration Ombudsman

Under s 4(4) of the Ombudsman Act, the Commonwealth Ombudsman may be designated as the Immigration Ombudsman when dealing with matters relating to immigration, including immigration detention. The Ombudsman has a specific statutory role under s 486O of the Migration Act 1958 of reporting to the Minister for Immigration concerning the circumstances of any person who has been in immigration detention for two years or more. At the request of the Government, the Ombudsman reviewed a substantial number of cases where it appeared that a citizen or person lawfully entitled to be in Australia may have been detained or removed from Australia.

Law Enforcement Ombudsman

Under s 4(5) of the Ombudsman Act, the Commonwealth Ombudsman may be designated as the Law Enforcement Ombudsman when investigating complaints about the conduct and practices of the Australian Federal Police (AFP) and its members. There are special procedures applying to complaints about AFP officers contained in the Australian Federal Police Act 1979 (AFP Act). Complaints about the conduct of AFP officers received prior to 2007 are dealt with under the Complaints (Australian Federal Police) Act 1981 (Cth) (Complaints Act). This Act was repealed after relevant provisions of the Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 commenced on 30 December 2006.

The special procedures that applied under the Complaints Act to complaints about the AFP’s practices and procedures or the conduct of individual AFP members, are explained in last year’s annual report.

Complaints about the conduct of AFP officers received after 30 December 2006 are dealt with under the Ombudsman Act. In addition, under the AFP Act the Ombudsman is required to review the administration of the AFP’s handling of complaints, through inspection of AFP records, at least annually. An aspect of this responsibility is to comment on the adequacy and comprehensiveness of the AFP’s dealing with conduct and practices issues as well as its handling of inquiries ordered by the Minister. The results of these reviews must be provided to Parliament on an annual basis.

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Postal Industry Ombudsman

Section 19L of the Ombudsman Act provides that the Commonwealth Ombudsman shall be the Postal Industry Ombudsman (PIO). The PIO deals with complaints about postal service delivery by Australia Post and those private sector postal operators that elect to be members of the PIO scheme.

Taxation Ombudsman

Under s 4(3) of the Ombudsman Act, the Commonwealth Ombudsman may be designated as the Taxation Ombudsman when dealing with matters relating to the Australian Taxation Office (ATO). The Ombudsman has a specialist team to investigate complaints about the ATO.

The Ombudsman’s intercept and surveillance devices audit

Under the Telecommunications (Interception and Access) Act 1979 and the Surveillance Devices Act 2004, the Ombudsman can inspect certain records of the AFP, the Australian Crime Commission (ACC) and the Australian Commission for Law Enforcement Integrity (ACLEI), and certain other agencies under specific circumstances, to ascertain whether the agencies have complied with specified record-keeping requirements of the Acts.

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Audit of controlled operations

In accordance with the Crimes Act 1914, the Ombudsman is required to inspect and report on records of controlled operations conducted by the AFP, the ACC and ACLEI.

Complaints about freedom of information

The FOI Act enables the Ombudsman to investigate complaints about actions and decisions by departments and agencies on requests for access to documents under FOI. Details of these complaints are included in the Ombudsman’s annual reports and in any additional reports made to Parliament under s 19 of the Ombudsman Act. The FOI Act s 57(3) provides that an application cannot be made to the Administrative Appeals Tribunal for review of an FOI decision that is the subject of a complaint to the Ombudsman until the Ombudsman has finalised the investigation.

Australian Capital Territory (ACT) Ombudsman

Under the ACT Self-Government (Consequential Provisions) Act 1988 (Cth), the Commonwealth Ombudsman discharges the role of ACT Ombudsman. A memorandum of understanding between the Commonwealth Ombudsman and the ACT Government covers the discharge of this role. The work of the ACT Ombudsman is set out in a separate annual report made to the ACT Government pursuant to the Ombudsman Act 1989 (ACT).

Under the Public Interest Disclosure Act 1994 (ACT), the Ombudsman is a proper authority to receive and investigate public interest disclosures in relation to the actions of ACT Government agencies.

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Categories of documents held by the Ombudsman

The Ombudsman holds information related to:

FOI access and contact

General enquiries and requests for access to documents or other matters relating to FOI may be made in person, by telephone or in writing at any Commonwealth Ombudsman office. Each office is open between 9 am and 5 pm on weekdays. For the cost of a local call, people can contact the Commonwealth Ombudsman’s office by calling 1300 362 072. (See contacts in ‘References’ section of this report.)

Pursuant to s 23 of the FOI Act, the Ombudsman has authorised the Deputy Ombudsmen, all Senior Assistant Ombudsmen, and some Executive Level officers to grant or refuse requests for access. Under an arrangement made outside the Act, the Ombudsman has agreed to officers at and above Executive Level 1 providing limited complaint information if requested by, or on behalf of, a complainant as detailed below.

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FOI requests to the Ombudsman’s office

The Ombudsman’s office deals with a moderate number of requests every year under the FOI Act (34 in 2006–07, compared to 24 in 2005–06), mostly for documents related to investigations. Following are some observations about how those requests are handled.

The office tries to set a good standard of compliance. We do not require a complainant to submit an FOI request prior to Ombudsman staff providing certain kinds of documents:

In the course of investigation, we may provide an agency response to a complainant so that he or she can better understand the agency’s position. It is likely that an investigation file could contain information and documents provided by other agencies—typically, the agency about which a complaint was made. Wherever possible, the Ombudsman will seek the other agency’s agreement to transfer to it those parts of the request that relate to its functions. This is done because the other agency is usually much better placed to make an informed decision about the documents’ content and context, in the light of their experience in dealing with requests for similar documents.

A further consideration is that if the request is not transferred, the other agency would have a legitimate interest in making suggestions about the decisions the Ombudsman should make. The Ombudsman would not be bound to accept those suggestions, but they would have to be given considerable weight. From the point of view of the complainant, if there is a complaint about an FOI process, it is probably better that the Ombudsman’s office has been involved as little as possible.

The Ombudsman’s office has raised with government, in the context of a current review of the Ombudsman Act, whether the office should be subject to the FOI Act. Some other Ombudsman offices in Australia are exempt from the FOI Act in their jurisdiction. The explanation given is that it can be unsuitable to apply the Act to an office that has the function of investigating complaints against other government agencies, including complaints about FOI matters. Many of the documents held by the Ombudsman’s office will have come either from the complainant or the agency under investigation, or be internal working documents of the Ombudsman’s office that contain interim expressions of opinion about other agencies that should not be disclosed publicly unless that agency has first been given an opportunity to comment on the opinion consistent with natural justice and the Ombudsman Act s 8(5).

APPENDIX 3 | Papers and presentations by staff

Airo-Farulla, G. 2006, The role of the Ombudsman in a Parliamentary Democracy, presentation to members of the House of Regional Representatives of the Republic of Indonesia, and the Queensland Crime and Misconduct Commission, Brisbane

—2006, The Role of the Commonwealth Ombudsman, presentation to UN Association (Queensland Chapter), Brisbane

Airo-Farulla, G. and Giles, C. 2006, The Commonwealth Ombudsman and immigration complaints, presentation to Continuing Professional Development session for Solicitors and Registered Migration Agents, Brisbane

—2007, The Role of the Commonwealth Ombudsman in investigating FOI complaints, presentation to FOI Practitioners’ Forum, Brisbane

Bell, C. and Hoskin, M. 2007, Role of the Defence Force and Commonwealth Ombudsman, presentations at Jervis Bay and Canberra

Brent, R. 2006, Role of the Commonwealth and Defence Force Ombudsman, presentation to IGADF investigation courses, Melbourne and Canberra

—2007, The role of the Commonwealth Ombudsman, presentation to APSC SES Transforming Leadership and key issues for leaders program, Crackenback

—2007, Managing agency relationships, presentation to DIAC Review Coordination Branch leadership forum, Canberra

—2007, Problem areas in complaint handling, presentation to Department of Health and Ageing’s Office of Aged Care Compliance, Canberra

Brown, V. 2007, The role of the Commonwealth Ombudsman, presentation to APSC SES Orientation Program, Canberra

Browne, D. 2006 and 2007, Role of the Defence Force and Commonwealth Ombudsman, presentation to IGADF investigation course, Sydney

Ducker, L. 2007, Role and function of the Postal Industry Ombudsman, presentation to Post Office Agents Association Ltd Annual Conference, Christchurch, New Zealand

Emmel, K. and Hennessey, T. 2006, Role of the Adelaide office of the Commonwealth Ombudsman, information sessions for Centrelink staff, Whyalla

Hawke, R. 2006, Role of the Defence Force and Commonwealth Ombudsman, presentation to Victorian Veterans Regional Officers, Melbourne

Martin, B. 2007, Human Rights: Whose Rights? Government Decisions and Your Rights, joint community information session with SA State Ombudsman, SSAT, AAT, Veterans’ Review Board and MRT, Law Week 2007, Adelaide

Martin, B. and Hennessey, T. 2006, Role of the Ombudsman, presentation to Centrelink and Child Support Agency staff, Port Augusta, South Australia

Masri, G. Pezzanite, D. and Hennessey, T, 2006, The role of the Immigration Ombudsman, round table discussion with representatives of Australian Red Cross, Australian Refugee Association and Legal Services Commission, Adelaide

Masri, G. Pezzanite, D. and Hennessey, T. 2007, Role of the Immigration Ombudsman, presentation to members of South Australian chapter of Migration Institute of Australia, Adelaide

Masri, G. 2007, View from the Ombudsman’s office-working with DIAC in a post-Palmer environment, presentation to DIAC Case Management Conference, Canberra

—2007, The role of the Ombudsman, presentation to Department of Health and Ageing SES staff, Canberra

Matcham, R. 2006 and 2007, Parliament and Administrative Law, presentations to APSC SES Orientation, Canberra

—2007, Parliament and Administrative Law, presentation to SES staff at the Department of Health and Ageing, Canberra

—2007, Stale case survey, presentation made to the Office of the Thai Ombudsman, Bangkok, Thailand

McMillan, J. 2006, What can we as Ombudsman expect in the future?, address to the International Financial Ombudsman Conference, Gold Coast

—2006, Launch of Postal Industry Ombudsman, Sydney

—2006, The role of the Ombudsman in ensuring executive compliance with rights, presentation to Legislatures and the Protection of Human Rights Conference, Melbourne

—2006, Problems, complaints and (some) solutions, presentation to Veterans’ Law Conference, Gold Coast

—2006, Re-thinking the separation of powers, Sir Frank Kitto Lecture at University of New England, Armidale

—2006, presentation to Vital issues seminar on whistleblowing, Parliamentary Library, Canberra

—2006, Dealing with accountability, assurance and conformance, presentation to DIMA SES Governance and Leadership, Canberra

—2006, The FOI landscape after McKinnon, presentation to Australian Institute of Administrative Law, Canberra

—2006, Managing complaints within Commonwealth Government contracts, presentation to Jobs Australia National Conference, Sydney

—2006, Oversight of policing and corruption, presentation to Centre for International and Public Law annual public law weekend, Canberra

—2006, Tribunals and administrative adjudication—the Ombudsman’s perspective, presentation to MRT and RRT conference, Sydney

—2006, Clients of government agencies—rights and expectations?, presentation to Government Law Group, Sydney

—2006, Current Issues and Problems—through the Ombudsman lens, presentation to Centrelink SES, Canberra

—2006, Opening address to the Citizens Jury to consider Challenge 2014—ten year vision for disability in the ACT, Canberra

—2007, Accountability of Government, opening address to the Above Board Accountability Forum, Canberra

—2007, Automated Assistance to Administrative Decision-Making—Launch of the Better Practice Guide, Institute of Public Administration Australia seminar, Canberra

—2007, Current issues and problemsthrough the lens of the Taxation Ombudsman, presentation to ATO conference, Sydney

—2007, The Ombudsman’s role in Defence Administration, ANU Military Law course, Canberra

—2007, Working in government—from the outside looking in, presentation to the Department of Prime Minister and Cabinet seminar, Canberra

—2007, Natural Justice—too much, too little, or just right?, Australian Institute of Administrative Law, National Administrative Law Forum, Canberra

—2007, The role of the Commonwealth Ombudsman, presentation to APSC SES Orientation Program, Canberra

—2007, Managing complainants who exhibit difficult behaviour, presentation to Energy and Water Ombudsman (Victoria) conference Partnering for improved outcomes for customers and business, Melbourne

McMillan, J. and Durkin, M. 2007, Lessons learned from DIMA referred immigration cases, presentation to ASIO SES, Canberra

Nash, D. 2006, The changing role of the Commonwealth and Immigration Ombudsman, presentation to Queensland State Conference of the Migration Institute of Australia, Surfers Paradise

Neish, R. Hazelwood, S. Ellett, P. and Cziesla, J. 2007, The role of the Commonwealth Ombudsman: inspections and procedures for Telecommunications Interceptions, Surveillance Devices and Controlled Operations testing, presentation to AFP Special Project Registrars Workshop, Canberra

Pesenti, S. 2006, The Ombudsman and the Parliament, presentation to Responsible Parliamentary Government Course run by the Centre for Democratic Institutions at the ANU, Canberra

Pezzanite, D. 2006, Role of the Commonwealth Ombudsman, presentation to SA office of the Welfare Rights Centre Inc, Adelaide

Robertson, D. 2006, Role of the Commonwealth and Defence Force Ombudsman, presentations to ex-service organisations and veterans, and RAAF and Navy officers, Nowra, Jervis Bay and Canberra

Siuta, W. 2006, Role and function of the Melbourne office of the Commonwealth Ombudsman, presentation to the Outreach Report, Melbourne

Smith, A. 2006, The role of the Ombudsman, presentations to DIAC recruits and various community groups, Perth

—2006 and 2007, The role of the Ombudsman, presentations to Northern Suburbs Community Legal Centre and Metropolitan Migrant Resource Centre, Mirrabooka, Western Australia

—2006, The role of the Ombudsman, presentation to St Vincent de Paul Society, Belmont, Western Australia

Sundar, R. 2007, Role of the Commonwealth Ombudsman’s office, presentation to Aboriginal Land Council Executive, Sydney

Thom, V. and Ranck, S. 2006, The experience of the Commonwealth Ombudsman’s office in monitoring public service, presentation to Establishment of local ombudsman service in Central Kalimantan in enhancing proper public service, Indonesia

Thom, V. 2006, The relationship between the Ombudsman’s office and DIMA, presentation to DIMA Development program, Canberra

—2007, Technical decision-making processes across the public service, presentation to ATO Technical Quality Assurance Forum, Canberra

—2007, Overview of the Commonwealth Ombudsman’s office and key issues relevant to relationship with the IGADF, presentation to IGADF planning workshop, Canberra

Thom, V. and Hennessey, T. 2007, Role of the Commonwealth Ombudsman, presentation to SA Federal Members of Parliament and staff, Adelaide

Thom, V. and Smith A. 2007, The role of the Ombudsman, presentation to Federal Electorate Officers, Perth

APPENDIX 4 | Statistics

TABLE A1—Approaches and complaints received and finalised about Australian Government agencies, 2006–07, Ombudsman Act 1976 (including freedom of information)

TABLE A2—Australian Federal Police complaints received and finalised, complaint issues finalised, 2006–07
TABLE A3—Australian Federal Police method of handling complaint issues finalised, 2006–07

Explanations of terms used in Appendix 4 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 evaluation—AFP conducted preliminary enquiries to evaluate the merits of a complaint and reviewed by the Ombudsman

AFP investigation—AFP investigated complaint against AFP members and reviewed by the Ombudsman

AFP workplace resolution—complaint managed by the AFP in the workplace and reviewed by the Ombudsman

Approach/complaint not pursued—withdrawn by complainant, or written complaint requested but not received

Approaches/complaints finalised—approaches/complaints finalised in 2006–07, including some complaints carried over from previous years

Approaches/complaints received—approaches/complaints received in 2006–07

Category 1 approaches—resolved without investigation, outcomes include decisions not to investigate and referrals to appropriate agency or authority

Category 2 approaches—approaches that cannot be resolved at category 1 and require further internal enquiries/research or more information from the complainant, resolved without contacting the agency

Category 3 approaches—investigation conducted and agency contacted

Category 4 approaches—further investigation conducted, as the complaint/approach was not able to be resolved in category 3

Category 5 approaches—further investigation conducted, as the complaint/approach was not able to be resolved in category 4; involves formal reporting processes

 

Conciliated—complaint conciliated through the AFP’s workplace-resolution process and reviewed by the Ombudsman

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

Issues—approaches/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 (for complaints being dealt with under the Complaints Act)—investigation, following consideration by the AFP, asking more questions and reviewing the agency’s files, policies and procedures

Ombudsman investigation not warranted—investigation of the approach/complaint judged to be unnecessary 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; this includes approaches/complaints that were considered by the AFP and reviewed by the Ombudsman where investigation or further investigation would serve no useful purpose having regard to all the circumstances

Out of jurisdiction—complaint not within the Ombudsman’s legal powers

Remedies—complaints can contain a number of issues, each requiring separate investigation and possibly resulting in a number of different remedies

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

Substantiated—complaint issue was found to be true

Unsubstantiated—there were no grounds for the complaint issue

APPENDIX 5 | Consultancy services

The Ombudsman’s office engages consultants when the expertise required is not available within the organisation or when the specialist skills required are not available without diverting resources from other higher priority tasks. In accordance with procurement guidelines, consultants are selected by advertisement, panel arrangements or selective tendering.

Table A4 provides details of consultancy services let by the office during 2006–07 with a contract value (GST inclusive) of $10,000 or more.

Definitions

(1) Selection process

Open tender—procurement procedure in which a request for tender is published inviting all businesses that satisfy the conditions for participation to submit tenders.

Select tender—procurement procedure in which the procuring agency selects which potential suppliers are invited to submit tenders in accordance with the mandatory procurement procedures.

(2) Justification for decision to use consultancy

A—skills currently unavailable within agency

B—need for specialised or professional skills

C—need for independent research or assessment

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Advertising and market research

Advertising is used to publicise the office’s services. No advertising contracts were let in 2006–07. The office’s advertising strategies were designed and conceived in-house. Recruitment notices were placed in newspapers at a cost of $40,052; and advertisements to publicise the office’s services, including the new Postal Industry Ombudsman scheme, were placed in selected newspapers and journals at a cost of $27,175. All notices and advertisements were placed through hma Blaze.

Market research was conducted by ACNielsen to measure the level of community awareness and knowledge of the Ombudsman’s roles and function in regional and rural Australia. This contract is reported in Table A4—Consultancy services, 2006–07.

TABLE A4 Consultancy services, 2006–07

Table A4 Consultancy services, 2006–07

APPENDIX 6 | Financial statements

The online Commonwealth Ombudsman Annual Report 2006–07 Financial statements are available in Portable Document Format (PDF).

Financial statements (PDF 1.2 kb)

Portable Document Format (PDF) information
Portable Document Format, or PDF as it is commonly known, is a technology developed by Adobe Systems. It allows printed documents, such as this report, to be compressed into portable electronic files directly from the original documents. The files can then be viewed usingAcrobat Reader, available free on theAdobe web site. It is strongly recommended that the following procedure be used to access these files: RIGHT mouse button on the link and Choose "Save Target As..." (Internet Explorer) OR "Save Link As..." (Netscape), Select an appropriate folder on a local drive to place the downloaded file. Attempting to open large Adobe Acrobat files within the browser window may lead to system problems.

Appendix 1 | Occupational health and safety | Commonwealth Ombudsman Annual Report 2006-07

 Commonwealth Ombudsman annual report 2006-2007

APPENDIX 1 | Occupational health and safety

Occupational health and safety policies

The Ombudsman’s office reviewed its Occupational Health and Safety (OH&S) policy and guidelines in 2006. Other related guidelines updated during the year included the Harassment Prevention Policy, Working from Home guidelines and the Workplace Diversity Framework and Plan. The office also provided detailed information on its intranet outlining the changes to the Safety, Rehabilitation and Compensation Act 1988, including advice provided by Comcare on frequently asked questions.

The Ombudsman reports each year against the statement of commitment signed in 2005, to actively work towards achieving the targets set out in the Occupational Health and Safety and Rehabilitation Performance Improvement Targets for Commonwealth Premium Paying Employees (2002–2012) strategy.

Occupational health and safety committee and representatives

A health and safety representative is located in each office. The representatives manage OH&S matters either through the OH&S Committee that meets twice a year, through regular staff meetings or by seeking assistance from the OH&S officer. Two health and safety representative vacancies were filled in accordance with the office’s OH&S Agreement.

During the office induction process all new employees are advised of the importance and responsibilities of both staff and management for health and safety in the workplace. New employees are provided with a workplace assessment during the first week of commencement and familiarisation with their physical work environment.

During the year there were no accidents or injuries reportable under s 68 of the Occupational Health and Safety Act 1991 (OH&S Act) and there were no investigations conducted in the office under ss 29, 46 or 47 of the OH&S Act.

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Health and safety measures

During 2006–07 the office:

  • met obligations for Comcare premiums
  • managed compensation cases in accordance with approved guidelines
  • arranged health assessments, where necessary
  • conducted individual workplace assessments
  • facilitated eye examinations, where necessary
  • made first aid facilities and supplies available, and provided first aid training to First Aid Officers (refresher and senior first aid for new officers)
  • provided OH&S training of representatives
  • provided staff with Harassment and Bullying workshops
  • conducted regular simulated fire evacuations
  • conducted health and safety inspections twice a year
  • targeted individual health awareness through health management initiatives such as providing flu shots to employees free of charge and disseminating a quarterly bulletin raising awareness on specific OH&S issues
  • conducted a national Health Week comprising a diverse range of health and well-being activities and information sessions.

To promote a supportive working environment, the office provides staff with access to an employee assistance program, that provides a confidential counselling service, facilitation of teamwork issues, career advice and the management of any work-related or personal issue.

APPENDIX 2 | Freedom of information statement

Section 8 of the Freedom of Information Act 1982 (FOI Act) requires each Australian Government agency to publish information about the way it is organised, its powers, the kinds of decisions it makes, the documents it holds, the way members of the public can obtain access to these documents and any arrangements for public involvement in the work of the agency.

The body of this annual report explains the organisation and major functions of the Commonwealth Ombudsman. This statement supplements that general information to meet the requirements of s 8 of the FOI Act. It is correct as at 30 June 2007.

Functions and decision-making powers of the Ombudsman

The Commonwealth Ombudsman was established by the Ombudsman Act 1976 (Ombudsman Act). The Act came into effect on 1 July 1977 and is administered by the Prime Minister. The Ombudsman is also the Defence Force Ombudsman, the Immigration Ombudsman, the Law Enforcement Ombudsman, the Postal Industry Ombudsman and the Taxation Ombudsman.

The national office of the Commonwealth Ombudsman and the office of the Australian Capital Territory Ombudsman are co-located in Canberra. Other offices are located in Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth and Sydney.

The Ombudsman and Deputy Ombudsmen are statutory officers appointed under the Ombudsman Act. Staff are employed under the Public Service Act 1999.

Investigation of administrative actions

Following a complaint from a member of the public, or using ‘own motion’ powers under the Ombudsman Act, the Ombudsman may investigate the administrative actions of most Australian Government departments and agencies and private contractors delivering government services.

The Ombudsman cannot investigate:

  • the actions of government Ministers or judges
  • most employment-related matters (although the Defence Force Ombudsman can investigate employment-related complaints from current or former members of the Australian Defence Force)
  • the actions of some government business enterprises.

The Ombudsman can decide not to investigate complaints that are ‘stale’ or frivolous, where the complainant has not first sought redress from the agency, where some other form of review or appeal is more appropriate, or where it is considered an investigation would not be warranted in all the circumstances.

The Ombudsman may conduct a complaint investigation as considered appropriate. The powers of the Ombudsman are similar to those of a Royal Commission, and include compelling an agency to produce documents and examining witnesses under oath. Most investigations are conducted with minimal formality.

Ombudsman investigations are private and details are generally not revealed to people who are not legitimately concerned with the investigation. The Ombudsman’s office is subject to the FOI Act and the Privacy Act 1988.

Following an investigation, the Ombudsman is required to consider whether the actions of the department or agency were unreasonable, unlawful, improperly discriminatory or otherwise wrong.

When the Ombudsman concludes that an agency has erred, the Ombudsman may report that view to the agency and recommend whatever remedial action the Ombudsman thinks is appropriate. If the agency does not implement that action, the Ombudsman can report to the Prime Minister and report to the Parliament. The Ombudsman must inform complainants of the action taken by the office in response to their complaints.

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Defence Force Ombudsman

Section 19C of the Ombudsman Act provides that the Commonwealth Ombudsman shall be the Defence Force Ombudsman (DFO). The DFO can investigate complaints from current or former members of the Australian Defence Force about Defence Force employment matters. The DFO cannot investigate most actions connected with disciplinary proceedings or the grant or refusal of an honour or award to an individual. The DFO investigates complaints from serving members only after they have exhausted internal grievance mechanisms, unless there are exceptional circumstances. The DFO also investigates complaints from ex-service personnel or their families.

Immigration Ombudsman

Under s 4(4) of the Ombudsman Act, the Commonwealth Ombudsman may be designated as the Immigration Ombudsman when dealing with matters relating to immigration, including immigration detention. The Ombudsman has a specific statutory role under s 486O of the Migration Act 1958 of reporting to the Minister for Immigration concerning the circumstances of any person who has been in immigration detention for two years or more. At the request of the Government, the Ombudsman reviewed a substantial number of cases where it appeared that a citizen or person lawfully entitled to be in Australia may have been detained or removed from Australia.

Law Enforcement Ombudsman

Under s 4(5) of the Ombudsman Act, the Commonwealth Ombudsman may be designated as the Law Enforcement Ombudsman when investigating complaints about the conduct and practices of the Australian Federal Police (AFP) and its members. There are special procedures applying to complaints about AFP officers contained in the Australian Federal Police Act 1979 (AFP Act). Complaints about the conduct of AFP officers received prior to 2007 are dealt with under the Complaints (Australian Federal Police) Act 1981 (Cth) (Complaints Act). This Act was repealed after relevant provisions of the Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 commenced on 30 December 2006.

The special procedures that applied under the Complaints Act to complaints about the AFP’s practices and procedures or the conduct of individual AFP members, are explained in last year’s annual report.

Complaints about the conduct of AFP officers received after 30 December 2006 are dealt with under the Ombudsman Act. In addition, under the AFP Act the Ombudsman is required to review the administration of the AFP’s handling of complaints, through inspection of AFP records, at least annually. An aspect of this responsibility is to comment on the adequacy and comprehensiveness of the AFP’s dealing with conduct and practices issues as well as its handling of inquiries ordered by the Minister. The results of these reviews must be provided to Parliament on an annual basis.

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Postal Industry Ombudsman

Section 19L of the Ombudsman Act provides that the Commonwealth Ombudsman shall be the Postal Industry Ombudsman (PIO). The PIO deals with complaints about postal service delivery by Australia Post and those private sector postal operators that elect to be members of the PIO scheme.

Taxation Ombudsman

Under s 4(3) of the Ombudsman Act, the Commonwealth Ombudsman may be designated as the Taxation Ombudsman when dealing with matters relating to the Australian Taxation Office (ATO). The Ombudsman has a specialist team to investigate complaints about the ATO.

The Ombudsman’s intercept and surveillance devices audit

Under the Telecommunications (Interception and Access) Act 1979 and the Surveillance Devices Act 2004, the Ombudsman can inspect certain records of the AFP, the Australian Crime Commission (ACC) and the Australian Commission for Law Enforcement Integrity (ACLEI), and certain other agencies under specific circumstances, to ascertain whether the agencies have complied with specified record-keeping requirements of the Acts.

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Audit of controlled operations

In accordance with the Crimes Act 1914, the Ombudsman is required to inspect and report on records of controlled operations conducted by the AFP, the ACC and ACLEI.

Complaints about freedom of information

The FOI Act enables the Ombudsman to investigate complaints about actions and decisions by departments and agencies on requests for access to documents under FOI. Details of these complaints are included in the Ombudsman’s annual reports and in any additional reports made to Parliament under s 19 of the Ombudsman Act. The FOI Act s 57(3) provides that an application cannot be made to the Administrative Appeals Tribunal for review of an FOI decision that is the subject of a complaint to the Ombudsman until the Ombudsman has finalised the investigation.

Australian Capital Territory (ACT) Ombudsman

Under the ACT Self-Government (Consequential Provisions) Act 1988 (Cth), the Commonwealth Ombudsman discharges the role of ACT Ombudsman. A memorandum of understanding between the Commonwealth Ombudsman and the ACT Government covers the discharge of this role. The work of the ACT Ombudsman is set out in a separate annual report made to the ACT Government pursuant to the Ombudsman Act 1989 (ACT).

Under the Public Interest Disclosure Act 1994 (ACT), the Ombudsman is a proper authority to receive and investigate public interest disclosures in relation to the actions of ACT Government agencies.

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Categories of documents held by the Ombudsman

The Ombudsman holds information related to:

  • investigations, including complaints, correspondence and consultations with complainants, agencies and other information sources, background material, records of conversation, analysis and advice, and reports
  • oversight functions
  • the Ombudsman’s role as the chief executive of an Australian Government agency with a particular set of responsibilities, in terms of the development or implementation of administrative process, policy or legislation
  • the Ombudsman’s management of the office, including personnel, contracting and financial records and information about asset management.

FOI access and contact

General enquiries and requests for access to documents or other matters relating to FOI may be made in person, by telephone or in writing at any Commonwealth Ombudsman office. Each office is open between 9 am and 5 pm on weekdays. For the cost of a local call, people can contact the Commonwealth Ombudsman’s office by calling 1300 362 072. (See contacts in ‘References’ section of this report.)

Pursuant to s 23 of the FOI Act, the Ombudsman has authorised the Deputy Ombudsmen, all Senior Assistant Ombudsmen, and some Executive Level officers to grant or refuse requests for access. Under an arrangement made outside the Act, the Ombudsman has agreed to officers at and above Executive Level 1 providing limited complaint information if requested by, or on behalf of, a complainant as detailed below.

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FOI requests to the Ombudsman’s office

The Ombudsman’s office deals with a moderate number of requests every year under the FOI Act (34 in 2006–07, compared to 24 in 2005–06), mostly for documents related to investigations. Following are some observations about how those requests are handled.

The office tries to set a good standard of compliance. We do not require a complainant to submit an FOI request prior to Ombudsman staff providing certain kinds of documents:

  • documents previously and lawfully provided by or to the complainant by the Ombudsman’s office or someone else
  • records of telephone conversations involving the complainant
  • most database entries relating to the complainant.

In the course of investigation, we may provide an agency response to a complainant so that he or she can better understand the agency’s position. It is likely that an investigation file could contain information and documents provided by other agencies—typically, the agency about which a complaint was made. Wherever possible, the Ombudsman will seek the other agency’s agreement to transfer to it those parts of the request that relate to its functions. This is done because the other agency is usually much better placed to make an informed decision about the documents’ content and context, in the light of their experience in dealing with requests for similar documents.

A further consideration is that if the request is not transferred, the other agency would have a legitimate interest in making suggestions about the decisions the Ombudsman should make. The Ombudsman would not be bound to accept those suggestions, but they would have to be given considerable weight. From the point of view of the complainant, if there is a complaint about an FOI process, it is probably better that the Ombudsman’s office has been involved as little as possible.

The Ombudsman’s office has raised with government, in the context of a current review of the Ombudsman Act, whether the office should be subject to the FOI Act. Some other Ombudsman offices in Australia are exempt from the FOI Act in their jurisdiction. The explanation given is that it can be unsuitable to apply the Act to an office that has the function of investigating complaints against other government agencies, including complaints about FOI matters. Many of the documents held by the Ombudsman’s office will have come either from the complainant or the agency under investigation, or be internal working documents of the Ombudsman’s office that contain interim expressions of opinion about other agencies that should not be disclosed publicly unless that agency has first been given an opportunity to comment on the opinion consistent with natural justice and the Ombudsman Act s 8(5).

APPENDIX 3 | Papers and presentations by staff

Airo-Farulla, G. 2006, The role of the Ombudsman in a Parliamentary Democracy, presentation to members of the House of Regional Representatives of the Republic of Indonesia, and the Queensland Crime and Misconduct Commission, Brisbane

—2006, The Role of the Commonwealth Ombudsman, presentation to UN Association (Queensland Chapter), Brisbane

Airo-Farulla, G. and Giles, C. 2006, The Commonwealth Ombudsman and immigration complaints, presentation to Continuing Professional Development session for Solicitors and Registered Migration Agents, Brisbane

—2007, The Role of the Commonwealth Ombudsman in investigating FOI complaints, presentation to FOI Practitioners’ Forum, Brisbane

Bell, C. and Hoskin, M. 2007, Role of the Defence Force and Commonwealth Ombudsman, presentations at Jervis Bay and Canberra

Brent, R. 2006, Role of the Commonwealth and Defence Force Ombudsman, presentation to IGADF investigation courses, Melbourne and Canberra

—2007, The role of the Commonwealth Ombudsman, presentation to APSC SES Transforming Leadership and key issues for leaders program, Crackenback

—2007, Managing agency relationships, presentation to DIAC Review Coordination Branch leadership forum, Canberra

—2007, Problem areas in complaint handling, presentation to Department of Health and Ageing’s Office of Aged Care Compliance, Canberra

Brown, V. 2007, The role of the Commonwealth Ombudsman, presentation to APSC SES Orientation Program, Canberra

Browne, D. 2006 and 2007, Role of the Defence Force and Commonwealth Ombudsman, presentation to IGADF investigation course, Sydney

Ducker, L. 2007, Role and function of the Postal Industry Ombudsman, presentation to Post Office Agents Association Ltd Annual Conference, Christchurch, New Zealand

Emmel, K. and Hennessey, T. 2006, Role of the Adelaide office of the Commonwealth Ombudsman, information sessions for Centrelink staff, Whyalla

Hawke, R. 2006, Role of the Defence Force and Commonwealth Ombudsman, presentation to Victorian Veterans Regional Officers, Melbourne

Martin, B. 2007, Human Rights: Whose Rights? Government Decisions and Your Rights, joint community information session with SA State Ombudsman, SSAT, AAT, Veterans’ Review Board and MRT, Law Week 2007, Adelaide

Martin, B. and Hennessey, T. 2006, Role of the Ombudsman, presentation to Centrelink and Child Support Agency staff, Port Augusta, South Australia

Masri, G. Pezzanite, D. and Hennessey, T, 2006, The role of the Immigration Ombudsman, round table discussion with representatives of Australian Red Cross, Australian Refugee Association and Legal Services Commission, Adelaide

Masri, G. Pezzanite, D. and Hennessey, T. 2007, Role of the Immigration Ombudsman, presentation to members of South Australian chapter of Migration Institute of Australia, Adelaide

Masri, G. 2007, View from the Ombudsman’s office-working with DIAC in a post-Palmer environment, presentation to DIAC Case Management Conference, Canberra

—2007, The role of the Ombudsman, presentation to Department of Health and Ageing SES staff, Canberra

Matcham, R. 2006 and 2007, Parliament and Administrative Law, presentations to APSC SES Orientation, Canberra

—2007, Parliament and Administrative Law, presentation to SES staff at the Department of Health and Ageing, Canberra

—2007, Stale case survey, presentation made to the Office of the Thai Ombudsman, Bangkok, Thailand

McMillan, J. 2006, What can we as Ombudsman expect in the future?, address to the International Financial Ombudsman Conference, Gold Coast

—2006, Launch of Postal Industry Ombudsman, Sydney

—2006, The role of the Ombudsman in ensuring executive compliance with rights, presentation to Legislatures and the Protection of Human Rights Conference, Melbourne

—2006, Problems, complaints and (some) solutions, presentation to Veterans’ Law Conference, Gold Coast

—2006, Re-thinking the separation of powers, Sir Frank Kitto Lecture at University of New England, Armidale

—2006, presentation to Vital issues seminar on whistleblowing, Parliamentary Library, Canberra

—2006, Dealing with accountability, assurance and conformance, presentation to DIMA SES Governance and Leadership, Canberra

—2006, The FOI landscape after McKinnon, presentation to Australian Institute of Administrative Law, Canberra

—2006, Managing complaints within Commonwealth Government contracts, presentation to Jobs Australia National Conference, Sydney

—2006, Oversight of policing and corruption, presentation to Centre for International and Public Law annual public law weekend, Canberra

—2006, Tribunals and administrative adjudication—the Ombudsman’s perspective, presentation to MRT and RRT conference, Sydney

—2006, Clients of government agencies—rights and expectations?, presentation to Government Law Group, Sydney

—2006, Current Issues and Problems—through the Ombudsman lens, presentation to Centrelink SES, Canberra

—2006, Opening address to the Citizens Jury to consider Challenge 2014—ten year vision for disability in the ACT, Canberra

—2007, Accountability of Government, opening address to the Above Board Accountability Forum, Canberra

—2007, Automated Assistance to Administrative Decision-Making—Launch of the Better Practice Guide, Institute of Public Administration Australia seminar, Canberra

—2007, Current issues and problemsthrough the lens of the Taxation Ombudsman, presentation to ATO conference, Sydney

—2007, The Ombudsman’s role in Defence Administration, ANU Military Law course, Canberra

—2007, Working in government—from the outside looking in, presentation to the Department of Prime Minister and Cabinet seminar, Canberra

—2007, Natural Justice—too much, too little, or just right?, Australian Institute of Administrative Law, National Administrative Law Forum, Canberra

—2007, The role of the Commonwealth Ombudsman, presentation to APSC SES Orientation Program, Canberra

—2007, Managing complainants who exhibit difficult behaviour, presentation to Energy and Water Ombudsman (Victoria) conference Partnering for improved outcomes for customers and business, Melbourne

McMillan, J. and Durkin, M. 2007, Lessons learned from DIMA referred immigration cases, presentation to ASIO SES, Canberra

Nash, D. 2006, The changing role of the Commonwealth and Immigration Ombudsman, presentation to Queensland State Conference of the Migration Institute of Australia, Surfers Paradise

Neish, R. Hazelwood, S. Ellett, P. and Cziesla, J. 2007, The role of the Commonwealth Ombudsman: inspections and procedures for Telecommunications Interceptions, Surveillance Devices and Controlled Operations testing, presentation to AFP Special Project Registrars Workshop, Canberra

Pesenti, S. 2006, The Ombudsman and the Parliament, presentation to Responsible Parliamentary Government Course run by the Centre for Democratic Institutions at the ANU, Canberra

Pezzanite, D. 2006, Role of the Commonwealth Ombudsman, presentation to SA office of the Welfare Rights Centre Inc, Adelaide

Robertson, D. 2006, Role of the Commonwealth and Defence Force Ombudsman, presentations to ex-service organisations and veterans, and RAAF and Navy officers, Nowra, Jervis Bay and Canberra

Siuta, W. 2006, Role and function of the Melbourne office of the Commonwealth Ombudsman, presentation to the Outreach Report, Melbourne

Smith, A. 2006, The role of the Ombudsman, presentations to DIAC recruits and various community groups, Perth

—2006 and 2007, The role of the Ombudsman, presentations to Northern Suburbs Community Legal Centre and Metropolitan Migrant Resource Centre, Mirrabooka, Western Australia

—2006, The role of the Ombudsman, presentation to St Vincent de Paul Society, Belmont, Western Australia

Sundar, R. 2007, Role of the Commonwealth Ombudsman’s office, presentation to Aboriginal Land Council Executive, Sydney

Thom, V. and Ranck, S. 2006, The experience of the Commonwealth Ombudsman’s office in monitoring public service, presentation to Establishment of local ombudsman service in Central Kalimantan in enhancing proper public service, Indonesia

Thom, V. 2006, The relationship between the Ombudsman’s office and DIMA, presentation to DIMA Development program, Canberra

—2007, Technical decision-making processes across the public service, presentation to ATO Technical Quality Assurance Forum, Canberra

—2007, Overview of the Commonwealth Ombudsman’s office and key issues relevant to relationship with the IGADF, presentation to IGADF planning workshop, Canberra

Thom, V. and Hennessey, T. 2007, Role of the Commonwealth Ombudsman, presentation to SA Federal Members of Parliament and staff, Adelaide

Thom, V. and Smith A. 2007, The role of the Ombudsman, presentation to Federal Electorate Officers, Perth

APPENDIX 4 | Statistics

TABLE A1—Approaches and complaints received and finalised about Australian Government agencies, 2006–07, Ombudsman Act 1976 (including freedom of information)

TABLE A2—Australian Federal Police complaints received and finalised, complaint issues finalised, 2006–07
TABLE A3—Australian Federal Police method of handling complaint issues finalised, 2006–07

Explanations of terms used in Appendix 4 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 evaluation—AFP conducted preliminary enquiries to evaluate the merits of a complaint and reviewed by the Ombudsman

AFP investigation—AFP investigated complaint against AFP members and reviewed by the Ombudsman

AFP workplace resolution—complaint managed by the AFP in the workplace and reviewed by the Ombudsman

Approach/complaint not pursued—withdrawn by complainant, or written complaint requested but not received

Approaches/complaints finalised—approaches/complaints finalised in 2006–07, including some complaints carried over from previous years

Approaches/complaints received—approaches/complaints received in 2006–07

Category 1 approaches—resolved without investigation, outcomes include decisions not to investigate and referrals to appropriate agency or authority

Category 2 approaches—approaches that cannot be resolved at category 1 and require further internal enquiries/research or more information from the complainant, resolved without contacting the agency

Category 3 approaches—investigation conducted and agency contacted

Category 4 approaches—further investigation conducted, as the complaint/approach was not able to be resolved in category 3

Category 5 approaches—further investigation conducted, as the complaint/approach was not able to be resolved in category 4; involves formal reporting processes

 

Conciliated—complaint conciliated through the AFP’s workplace-resolution process and reviewed by the Ombudsman

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

Issues—approaches/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 (for complaints being dealt with under the Complaints Act)—investigation, following consideration by the AFP, asking more questions and reviewing the agency’s files, policies and procedures

Ombudsman investigation not warranted—investigation of the approach/complaint judged to be unnecessary 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; this includes approaches/complaints that were considered by the AFP and reviewed by the Ombudsman where investigation or further investigation would serve no useful purpose having regard to all the circumstances

Out of jurisdiction—complaint not within the Ombudsman’s legal powers

Remedies—complaints can contain a number of issues, each requiring separate investigation and possibly resulting in a number of different remedies

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

Substantiated—complaint issue was found to be true

Unsubstantiated—there were no grounds for the complaint issue

APPENDIX 5 | Consultancy services

The Ombudsman’s office engages consultants when the expertise required is not available within the organisation or when the specialist skills required are not available without diverting resources from other higher priority tasks. In accordance with procurement guidelines, consultants are selected by advertisement, panel arrangements or selective tendering.

Table A4 provides details of consultancy services let by the office during 2006–07 with a contract value (GST inclusive) of $10,000 or more.

Definitions

(1) Selection process

Open tender—procurement procedure in which a request for tender is published inviting all businesses that satisfy the conditions for participation to submit tenders.

Select tender—procurement procedure in which the procuring agency selects which potential suppliers are invited to submit tenders in accordance with the mandatory procurement procedures.

(2) Justification for decision to use consultancy

A—skills currently unavailable within agency

B—need for specialised or professional skills

C—need for independent research or assessment

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Advertising and market research

Advertising is used to publicise the office’s services. No advertising contracts were let in 2006–07. The office’s advertising strategies were designed and conceived in-house. Recruitment notices were placed in newspapers at a cost of $40,052; and advertisements to publicise the office’s services, including the new Postal Industry Ombudsman scheme, were placed in selected newspapers and journals at a cost of $27,175. All notices and advertisements were placed through hma Blaze.

Market research was conducted by ACNielsen to measure the level of community awareness and knowledge of the Ombudsman’s roles and function in regional and rural Australia. This contract is reported in Table A4—Consultancy services, 2006–07.

TABLE A4 Consultancy services, 2006–07

Table A4 Consultancy services, 2006–07

APPENDIX 6 | Financial statements

The online Commonwealth Ombudsman Annual Report 2006–07 Financial statements are available in Portable Document Format (PDF).

Financial statements (PDF 1.2 kb)

Portable Document Format (PDF) information
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