CHAPTER 1 | Ombudsman's review

Introduction

This report marks the milestone of thirty years operation of the Commonwealth Ombudsman’s office. During that period the office has assisted hundreds of thousands of people, and helped improve administration across the gamut of government activity. To maintain its relevance and effectiveness the office has adapted to the significant changes that have occurred in government and society over the last thirty years.

The thirtieth year has been a time of both consolidation and change in the office. The work practices, complaint management system and Public Contact Team introduced last year were refined. Two new roles of Postal Industry Ombudsman and Law Enforcement Ombudsman were implemented. There was a change in the way that complaints about the Australian Federal Police (AFP) are handled, following legislative revision. Our inspections and monitoring role in relation to law enforcement agencies and other enforcement agencies expanded.

‘This report marks the milestone of thirty years operation of the Commonwealth Ombudsman’s office.’

The core activity of the office remains the handling of complaints and enquiries from members of the public about government administrative action. This objective is captured in the office’s outcome—administrative action by Australian Government agencies that is fair and accountable. We meet this objective by helping people to resolve complaints about government agencies, by fostering improved government administration and by focusing on integrity and legislative compliance in agency administration.

We handled complaints made about 113 Australian Government departments and agencies, covering all aspects of public administration. We provided remedies and assistance to thousands of people around the country. We also made submissions to parliamentary and government inquiries, to contribute to the improvement of Australian Government administration.

Other major activities included the investigation on the Ombudsman’s initiative, or ‘own motion’, of the administrative actions of Australian Government agencies; and inspection of the records of agencies such as the AFP and the Australian Crime Commission (ACC), to gauge their compliance with legislative requirements applying to selected law enforcement and regulatory activities.

Complaint and inspections workload

In 2006–07 we received a total of 33,322 approaches and complaints (28,227 in 2005–06). As in recent years, the majority (74%) of approaches and complaints about agencies within jurisdiction relate to five agencies—Australia Post, the Australian Taxation Office (ATO), Centrelink, the Child Support Agency (CSA), and the Department of Immigration and Citizenship (DIAC).

The total number of approaches and complaints to the Ombudsman about agencies within jurisdiction has been fairly stable over the past four years. There was an increase of 51% in the number of approaches to the office relating to out-of-jurisdiction matters and requests for information. Overall this number has increased over the last four years.

‘... we received a total of 33,322 approaches and complaints ...’

This year, we investigated 4,251 approaches and complaints (24%) covering 5,040 issues (31% in 2005–06) and identified agency error or deficiency in 4% (1% in 2005–06, under different guidelines and work practices). See Chapter 3—Performance report for further information on administrative deficiency.

The Ombudsman is responsible for monitoring the integrity of the records of telecommunications interceptions, use of surveillance devices and controlled operations conducted by the AFP, the ACC, the Australian Commission for Law Enforcement Integrity, some state law enforcement agencies and other enforcement agencies. We inspected the records of the AFP on nine occasions, of the ACC on six occasions, and the New South Wales Police and South Australia Police on one occasion each, for statutory compliance, adequacy and comprehensiveness.

Financial performance

In 2006–07, the office’s operating revenue was $18.923 million and operating expenses were $18.720 million, resulting in a net surplus of $0.204 million. The surplus is due primarily to some delays in implementing new initiatives. The office received an unqualified audit report on its 2006–07 financial statements

Public administration

Through our complaint handling and investigative work, we come into contact with most aspects of Australian Government administration. We see it as a distinct role of the Ombudsman—as stated in our strategic plan—to ‘contribute to public discussion on administrative law and public administration’ and to ‘foster good public administration that is accountable, lawful, fair, transparent and responsive’. We mainly do this by making suggestions and recommendations to agencies, conducting own motion investigations to help foster improvements in systemic issues, and making submissions to government and parliamentary inquiries.

Recognising the role and capacity of the office, in 2005 and 2006 the Australian Government requested the office to investigate 247 cases where people had been held in immigration detention, and later released on the basis they were not, or were no longer, unlawful non-citizens. This was in addition to the case of Ms Vivian Alvarez. All these investigations were completed by June 2007 and resulted in nine public Ombudsman reports, including seven being released in 2006–07. While the issues under investigation were specific to immigration administration, and are being addressed through DIAC’s reform program, there were broader lessons emerging from the investigations that are relevant more generally for public administration in Australia.

In 2006–07 we published reports on another six own motion and major investigations. The reports related to the Australian Defence Force, the AFP, the Australian Film Commission, the ATO, the Migration Agents Registration Authority, and complaint handling in Australian airports, involving a number of Australian Government agencies. To the extent possible, Ombudsman reports on own motion investigations are published in full or in an abridged version on our website at www.ombudsman.gov.au.

We also commenced several own motion investigations, which we expect to complete in 2007–08.

The Ombudsman made submissions to parliamentary inquiries and commented on a range of administrative practice matters and legislative proposals during the year. Examples include submissions to the Senate Legal and Constitutional Affairs Committee regarding proposed new search and seizure powers for Centrelink officers, and to the Committee’s inquiry into the Crimes Legislation Amendment (National Investigative Powers and Witness Protection) Bill 2006. The Ombudsman also appeared before the Senate Foreign Affairs, Defence and Trade Committee regarding its inquiry into reform of the military justice system.

By fostering improved government administration, we can strengthen the community’s confidence in the integrity and professionalism of government and we can support fairer and more accountable government.

Jack Richardson prize

In 2002 the Ombudsman’s office established the Australian National University (ANU) Jack Richardson Prize in Administrative Law in recognition of the contributions made by the first Commonwealth Ombudsman, who was also a former professor of law at the ANU. The annual prize is for the best essay by an undergraduate student in administrative law. This year’s Jack Richardson prize was awarded to Jane Woodward.

Developing role of the Ombudsman

Review of Commonwealth Ombudsman legislation

Last year we reported that a review of the Ombudsman Act 1976 (Cth) had been submitted to the Prime Minister. The review aims to improve and modernise the legislative framework for the office. The Australian Government is considering its response.

Immigration Ombudsman

During 2006–07 the Immigration Ombudsman function, conferred on the Ombudsman in late 2005, was consolidated. We implemented new programs in monitoring and inspecting immigration compliance and detention activity, and commenced an expanded program of own motion investigations into immigration-related matters. As noted above, the office completed its investigation into the 247 cases referred to the Ombudsman and published a number of related reports. The office also continued to meet its statutory requirement to report on people held in detention for two years or more.

Postal Industry Ombudsman

The Postal Industry Ombudsman (PIO) scheme commenced operation in October 2006. In 2006–07 our office worked on raising the profile of this new function in the broader community. By the end of June 2007, five private postal operators had joined the scheme, in addition to Australia Post, and the PIO had received over a thousand approaches and complaints.

Law Enforcement Ombudsman

As reported in detail in the ’Law Enforcement’ section of Chapter 7—Looking at the agencies, the legislative regime covering the handling of complaints about the AFP changed during 2006–07. The Complaints (Australian Federal Police) Act 1981 (Complaints Act) was repealed on 30 December 2006 and replaced with Part V of the Australian Federal Police Act 1979 (AFP Act) and amendments to the Ombudsman Act.

Under the new system, the Commonwealth Ombudsman is designated as the Law Enforcement Ombudsman. In that role the Ombudsman has a responsibility to review the administration of the AFP’s handling of complaints, through inspection of AFP records, as well as investigating more serious conduct issues. During the year we worked to finalise complaints made under the Complaints Act and commenced dealing with complaints about the AFP under the Ombudsman Act. We conducted the first inspection of the AFP’s records of finalised complaints made under the AFP Act. A report on the adequacy and comprehensiveness of the AFP complaint system will be tabled in Parliament in 2007–08.

International cooperation

The Ombudsman’s international program continued during the year. Funding from Australian Agency for International Development (AusAID) programs supported the facilitation of specialist advice, training, technical assistance and support to the National Ombudsman Commission of Indonesia, the Thailand Ombudsman, and the Ombudsmen in the Cook Islands, Papua New Guinea (PNG), Samoa, Solomon Islands, Tonga and Vanuatu.

The Commonwealth Ombudsman’s office is well placed to continue playing a key supporting role in developing and enhancing Ombudsman offices throughout the Asia-Pacific region.

Key strategic achievements

Achievements for 2006–07 include the following.

• We received 33,322 approaches and complaints, finalised 17,934 approaches and complaints in jurisdiction covering 19,116 issues, and handled 15,319 approaches related to out-of-jurisdiction matters and requests for information.
• We completed 13 own motion and major investigations containing a total of 106 recommendations, of which 101 were accepted by agencies; three other recommendations were a matter for government, and two recommendations that applied to more than one agency were accepted by one or more agencies.
• We consolidated and refined our new work practices and complaint management system, and the operation of the Public Contact Team, to enhance overall performance and ensure consistency at a national level.
• We worked with the Australian Government Information Management Office, the Australian National Audit Office and the Privacy Commissioner in publishing the Automated Assistance in Administrative Decision-making Better Practice Guide.
• We implemented the new legislative arrangements covering the handling of complaints about the AFP.
• We implemented our enhanced role and responsibilities in immigration oversight.
• We commenced operation of the Postal Industry Ombudsman scheme.
• We expanded our oversight of the use of telephone interception and access, and of surveillance devices.
• We developed proposals for improving our service delivery to Indigenous people and communities.
• We continued our participation in a national research project on the management of whistleblowers and other internal witnesses in public sector agencies, with three major surveys being conducted.
• We conducted 116 outreach activities throughout all states and territories.
• We commissioned a market research company to conduct a second public awareness survey, which showed that ‘the Ombudsman’ is the preferred avenue to resolve complaints about Australian Government departments and agencies.

• We commissioned a market research company to survey Australian Government agencies to ascertain their views about our effectiveness and interaction with them, with a view to speedier and more effective resolution of complaints.

• We hosted or met with several senior-level delegations from other countries, including from Canada, China, Malaysia, Papua New Guinea, the United Kingdom and the United States.

• We contributed to research projects of the Administrative Review Council on coercive powers, complex business regulation, and developing Best Practice Guides to Good Decision Making.

• The Ombudsman and staff delivered over 65 papers, and made presentations at conferences and seminars held around Australia.

Challenges

The office also faced major challenges, some of a continuing nature, including:

• maintaining an effective national office structure that integrates the work of all staff in a consistent manner
• maintaining the traditions and stability of the office, while responding to increases in the functions of the office
• balancing the immediate pressure of resolving individual complaints against the broader gains achievable by carefully targeting major and systemic issues in own motion and major investigations.
• reviewing the recent work practice changes in the office to identify further opportunities to improve timeliness, quality assurance and consistency in complaint handling
• reviewing the range of work undertaken in our various offices, to improve our national structure and level of expertise in particular subject areas
• reviewing selected categories of administrative decisions in key agencies
• publishing a range of information on best practice in public administration
• improving our level of service to Indigenous people and communities
• continuing to build the profile of the office and delivering our outreach program to regional and rural Australia
• sustaining effective working relationships with agencies and departments in order to deal with complaints more efficiently and effectively
• surveying complainants to ascertain their views of our services, and areas for improvement.