Chapter 5 | Engagement

introduction

The Ombudsman's office engages with various stakeholders for a number of reasons:

• with the community to raise awareness of the role of the Ombudsman and to seek input on various issues
• with agencies to promote good public administration and improve complaint handling
• with review bodies and research organisations looking at issues related to promoting good public administration and administrative law
• with other Australian Government integrity agencies and complaint–handling agencies, and with other Australian Ombudsmen, to share learning experiences and tackle common problems
• with regional and international partners to promote good ombudsmanship.

This chapter outlines some of these activities and achievements in 2008–09.

Community engagement

It is important to ensure that people who use government services, and key stakeholders and community information 'gatekeepers', know who we are, what we do and how to contact us. To get this message to the public is always difficult, but especially so when communicating with audiences outside the main metropolitan areas. Accordingly, getting our message out to people in regional, rural and remote Australia remains a key priority for the office.

In 2008–09 our staff were involved in 219 outreach activities across all states and territories, exceeding our goal to conduct or participate in an average of two focused outreach activities each week during the year. This was a 28% increase on 2007–08, due largely to our outreach work associated with the Northern Territory Emergency Response (NTER).

Our outreach activities included:

• conducting roundtable discussions with community groups and other special interest groups in all state capital cities
• conducting repeated outreach visits to Indigenous prescribed communities and town camps in the Northern Territory, utilising information and outreach items targeted at informing Indigenous people about the role of the office
• visiting Defence Force establishments to highlight the Defence Force Ombudsman role
• participating in joint activities with Australian Government agencies and other Ombudsman offices such as the Child Support Agency Community Information Sessions, the NSW Good Service Forum, and NAIDOC week
• distributing Commonwealth Ombudsman publications to relevant information outlets.

In the coming year, a strategic priority for our office is to target outreach, relevant publications and communication activities to key stakeholders, particularly in regional Australia. A related priority is to communicate to Indigenous communities through Indigenous media channels about our role as an oversight agency for the NTER.

We are also updating our internet sites to make it easier for the public to use and navigate.

In 2002 the Ombudsman's office established the Australian National University (ANU) Jack Richardson Prize in Administrative Law. The prize recognises 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 Mr Joshua Neoh.

Engagement with agencies

In last year's annual report we described the results of a survey we had commissioned of Australian and ACT Government agencies. The survey results suggested a number of areas we needed to address further. One area identified for improvement was our role in providing information on general matters of public administration. In February 2008 we launched a series of Ombudsman e–bulletins, designed to show a sample of recent complaints and the lessons that can be drawn from them. During 2008–09 we produced three e–bulletins, covering themes such as having sufficient information to support a decision, making decisions with proper delegations, recognising the seriousness of a complaint, and ensuring effective communication.

We also introduced a series of fact sheets to assist agencies in various aspects of public administration, with seven fact sheets released during the year. In addition, we are putting more effort into publications and investigations that target broad areas of public administration. During the year the Ombudsman published the Better Practice Guide to Complaint Handling, and an own motion investigation report into the use of interpreters (Report No. 3/2009). Other own motion investigations underway during 2008–09 covered topics such as administration of decision–making under the Compensation for Detriment caused by Defective Administration scheme, and broad investigations into executive schemes and legislative safety net provisions. The reports of these investigations will be released in early 2009–10.

Another area identified for improvement was the level and quality of our engagement with agencies about which we receive few complaints. To address that challenge, in 2007–08 we changed the allocation of responsibilities within the office for dealing with complaints about those agencies which usually generate only a few complaints. For example, our Brisbane office now provides specialisation in dealing with complaints about agencies falling under the Agriculture, Fisheries and Forestry portfolio, while our Sydney office specialises in complaints about agencies in the Health and Ageing portfolio. This is enabling us to better manage our relations with such agencies, as well as providing a higher degree of consistency in the way we deal with these complaints and a greater capacity to identify any systemic issues. As an example, staff from the office of the Aged Care Commissioner met with staff in our Sydney office. They explained their processes and some of the issues they face. This was particularly useful for our staff investigating complaints about the Aged Care Commissioner's office or about the Complaint Investigation Service in the Department of Health and Ageing.

Similarly, staff in our Brisbane office dealt with a number of complaints about various grant programs and drought assistance schemes managed by the Department of Agriculture, Fisheries and Forestry. Our staff met with senior departmental staff to discuss some of the problem areas we had noted. We are now working with the department to improve its grant management processes. In addition, our staff have close communication with the department's contact officers. This assists those officers to develop a better understanding of our role, assists us in developing a better understanding of agency operations, and facilitates work with the department's line areas in dealing with individual complaints.

The Ombudsman's office was a pilot agency for the whole–of–government 'SmartForms' service provided as part of the Australian Government Online Service Point program. The program, managed by the Department of Finance and Deregulation, aims to enhance the australia.gov.au website to provide people with simple, convenient access to government information, messages and services. The 'SmartForms' service, through the Department of Innovation, Industry, Science and Research, will make it easier for people to find, fill, track and submit government forms. Ombudsman office staff worked with the two departments to develop our new 'Make a Complaint' form and associated computer infrastructure. The new form will become operational early in 2009–10. Agencies from all tiers of government will be able to use the lessons learned when implementing their own 'SmartForms'.

Review and research bodies

Legislative review

In March 2008 the Attorney–General appointed the Ombudsman to be a member of a committee to review the Legislative Instruments Act 2003. The other members of the committee were Mr Ian Govey and Mr Tony Blunn AO. The committee consulted with a wide range of stakeholders and reported to the Attorney–General in March 2009.

Administrative Review Council

The Ombudsman is an ex officio member of the council, established by the Administrative Appeals Tribunal Act 1975 Part V. The council provides advice to the government on administrative law issues and reform. During the year the Ombudsman was a member of the sub–committee responsible for a review of administrative decisions in areas of complex and specific business regulation. The council released the report of the review in November 2008. The work of the council is covered more fully in its annual report.

Australian Law Reform Commission

In September 2008 the Ombudsman was invited to be a member of the advisory committee to the inquiry by the Australian Law Reform Commission Review of secrecy laws. The inquiry is looking at options for ensuring a consistent approach across government to the protection of Commonwealth information, balanced against the need to maintain an open and accountable government through providing appropriate access to information. The Commission must report to the Attorney–General by 31 October 2009.

Whistleblowing

From 2005 to 2008 the Ombudsman's office was a partner in an Australian Research Council–funded Linkage Project Whistling while they work. The project, led by Griffith University, involved six Australian universities and 14 partner organisations, including many Australian public sector management and integrity agencies, and international collaborators. A major report was released under the project in 2008—Whistleblowing in the Australian public sector: enhancing the theory and practice of internal witness management in public sector organisations (ed. AJ Brown, Australia and New Zealand School of Government, 2008).

The House of Representatives Standing Committee on Legal and Constitutional Affairs conducted an inquiry into a preferred model for legislation to protect public interest disclosures (whisteblowing) within the Australian Government public sector. It drew on the results of the Whistling while they work project, and the Ombudsman participated in a roundtable discussion convened by the committee. The committee reported in February 2009. It recommended that legislation be introduced to provide enhanced whistleblower protections, with a specific role for the Ombudsman in a range of matters such as dealing with disclosures and providing guidance and assistance to agencies. The Government has indicated that legislation will be developed in 2009–10.

Immigration detention project

During 2008–09 the office continued its involvement with Griffith University in a three–year project that commenced in 2007–08—Dilemmas in non–citizen detention and removal: an international comparative study. The project received funding from the Australian Research Council.

Human rights in closed environments

The office is participating in another Australian Research Council–funded Linkage Project, awarded to Monash University—Applying human rights in closed environments: a strategic framework for managing compliance. The project aims to facilitate the implementation of human rights in 'closed environments' such as prisons, forensic psychiatric institutions, mental health and disability facilities, community residential units and immigration detention centres. The project objectives include:

• assessing the readiness of 'closed environments' in Australia to incorporate and apply human rights obligations into their daily operations
• evaluating the likely impact of the human rights legislation on the functioning of closed environments
• developing practical strategies to facilitate compliance with human rights obligations in closed environments.

Cooperation with other Australian Government integrity agencies and complaint–handling agencies, and other Australian Ombudsmen

The Ombudsman's office is one part of the Australian Government's 'integrity' group. We meet periodically with agencies that have a similar oversight role, such as the Inspector–General of Intelligence and Security, the Australian National Audit Office, the Australian Commission for Law Enforcement Integrity, the Inspector–General of Taxation and the Australian Human Rights Commission. These meetings enable us to discuss issues in common, and to ensure we complement each other's work and avoid any unnecessary duplication of effort. In addition, as discussed in the section on Defence in Chapter 6—Looking at the agencies, together with the Inspector–General of the Australian Defence Force and the ANU's Australian Centre for Military Law and Justice, we hosted a seminar Defence Watchdogs: the administrative oversight of military justice to mark the 25th anniversary of the establishment of the Defence Force Ombudsman.

We also work with other Ombudsmen and integrity agencies to jointly promote our services. We participated in a joint program of information sessions at 13 universities and technical colleges in Brisbane, Canberra, Hobart, Melbourne and Sydney during Orientation Week in February 2009. Staff from our office joined with representatives from the Financial Ombudsman Service, Energy Ombudsman Queensland, the Energy and Water Ombudsman NSW, Energy and Water Ombudsman Victoria, the Public Transport Ombudsman Victoria, the Tasmanian Ombudsman and the Telecommunications Industry Ombudsman.

The events provided the opportunity to engage with the student population, to explain the role of an ombudsman, the types of issues students can complain about and to which office they should take their concerns.

In April our office teamed with the office of the NSW Ombudsman, Energy and Water Ombudsman NSW and The Aged Care Rights Service to host information displays at the Royal Easter Show. The collaborative effort was coordinated through our office's participation in JOIN—Joint Outreach Initiative Network—a NSW–based committee of human rights, legal aid and complaint–handling agencies.

In May our office attended Tasmania's AGFEST—the largest farming and rural industry show in Australia—and teamed with the Financial Ombudsman Service, Telecommunications Industry Ombudsman and Tasmanian Ombudsman to staff a large information display. The show presented an excellent opportunity to discuss the various roles and services of the Commonwealth Ombudsman with a broad range of people living in rural Australia.

The Ombudsman is a member of the Australian and New Zealand Ombudsman Association Inc (ANZOA). ANZOA is the peak body for Parliamentary and industry–based Ombudsmen in Australia and New Zealand. Our staff participate in various ANZOA sub–groups, looking at issues such as public relations and communications, learning and development, and information technology.

Deputy Ombudsmen from the different state and territory Ombudsman offices and the office of the New Zealand Ombudsman, as well as a Deputy Ombudsman from our office, meet twice a year to discuss a range of relevant issues, such as relations with Parliament, own motion investigations, quality assurance processes and training, and resource management and complaint–handling procedures.

International cooperation and regional support

The Commonwealth Ombudsman cooperates nationally and internationally with a range of agencies to improve complaint handling and ombudsman services in the Asia–Pacific region. Our office has an International Program that undertakes a range of important activities with Ombudsmen and their offices in Papua New Guinea (PNG), the nations of the Pacific Islands Forum and Indonesia. This work builds linkages and provides mutual support for ombudsman functions, and is funded mainly by the Australian Agency for International Development (AusAID). There were three milestones during the year:

• we entered into a new memorandum of agreement with the Ombudsman Commission of Papua New Guinea (OCPNG) to run for a minimum of three years
• the Indonesian Parliament passed legislation to create a new Ombudsman of the Republic of Indonesia, and we started working closely with our Indonesian partners during the transition phase as the new legislation is implemented
• in collaboration with our Pacific Islands Forum partners, we launched the Pacific Ombudsman Alliance.

Papua New Guinea Twinning Program

Our Twinning Program with the OCPNG commenced in 2005. The original memorandum of agreement between our organisations ended on 31 January 2009. The first stage of the PNG Twinning Program achieved a great deal, including:

• the signing of a memorandum of agreement between the Royal PNG Constabulary and the OCPNG (more detail is in our 2007–08 annual report)
• preliminary steps taken towards a memorandum of agreement between the PNG Defence Force and the OCPNG
• improved efficiencies at the front desk of the Internal Screening Unit of the OCPNG, resulting in an improved capacity to handle an increased number of cases
• assistance with quality assurance for upgrading OCPNG's electronic complaint management system
• a substantial reduction in the backlog of investigations for the Complaints and Administrative Investigation Division of the OCPNG
• an increase in the number of cases escalated from the Internal Screening Unit for further investigation by the Complaints and Administrative Investigation Division, providing a more effective complaint–handling service
• an expanded group of Australian Government agencies acted as hosts for staff placements from the OCPNG, including the Inspector–General of the Australian Defence Force and the Australian Commission for Law Enforcement Integrity
• a growing camaraderie between OCPNG and Commonwealth Ombudsman staff to share experiences and lessons from ombudsman work
• the use of video conferencing to enhance interaction and mutual support between peer groups in both agencies.

The Commonwealth Ombudsman and the Chief Ombudsman of Papua New Guinea signed a new memorandum of agreement in early 2009. It updates and strengthens the first memorandum, using the lessons learned over the past three–and–a–half years of our work together. The program will ensure a minimum of two placements from PNG and one placement to PNG each year, as well as short–term specialist exchanges and increased use of electronic communications to strengthen the long–term sustainability of our relationship.

Major activities under the Twinning Program during 2008–09 included:

• An OCPNG officer spent two months working on Defence Force issues in our office, and a week in the office of the Inspector–General of the Australian Defence Force (ADF) with a team that audited ADF establishments in Western Australia. His work will contribute to an OCPNG project with the PNG Defence Force to revamp its complaint–handling system.
• Another OCPNG officer, who coordinates the memorandum of agreement between the OCPNG and the Royal PNG Constabulary, spent time in our office's Law Enforcement Team and in the office of the Australian Commission for Law Enforcement Integrity.
• A specialist from our Public Contact Team spent three months working with the OCPNG's Internal Screening Unit to assist them in enhancing their complaint intake processes.
• OCPNG Ombudsman Ms Phoebe Sangetari visited Canberra for senior level discussions on ombudsman functions and management.
• We provided support to the OCPNG's human resources management through the short–term placement of a specialist from our office.

Indonesian Australian Ombudsman Linkages and Strengthening activities

The Indonesian Australian Ombudsman Linkages and Strengthening (IAOLAS) activities are part of the AusAID–funded Government Partnership Fund. The original program was extended from June 2009 to June 2010. This will allow the Commonwealth Ombudsman to work with the newly constituted Ombudsman of the Republic of Indonesia (ORI). Indonesia's National Ombudsman Commission was created by executive decree in 2000. In 2008 the Indonesian Parliament passed enabling legislation to put the ombudsman function on a more secure and effective legislative footing. IAOLAS activities, coordinated by our office, supported the following areas during 2008–09:

• In November 2008 the Chief Ombudsman of Indonesia, Mr Antonius Sujata, and two staff visited Canberra for discussions about the creation and operation of a parliamentary ombudsman system. During the discussions, we agreed on our involvement in the 12–month transition phase for the new Ombudsman structure.
• In January 2009 the Commonwealth Ombudsman and two staff attended seminars and meetings in Jakarta to support the Chief Ombudsman of Indonesia in setting the foundation for the emerging ORI.
• A Commonwealth Deputy Ombudsman, Dr Vivienne Thom, participated in two focus discussion groups held in regional Indonesia to explain the emergence of the ORI and its greatly expanded jurisdiction from the previous National Ombudsman Commission.
• Work continued on developing processes to improve internal complaint handling in the Lands Department, with support from the NSW Ombudsman and a team from Gadjah Mada University. The Lands Department has acknowledged that improvements to these processes are vital, given its role in managing Indonesia's land titles system.
• Two senior Indonesian investigation officers worked with the NSW Ombudsman's office for two weeks to look at the development of better complaint–handling systems through strengthening professional relationships with agencies within the Ombudsman's jurisdiction.
• Mr Rully Amirulloh, IT manager of the National Ombudsman Commission in Jakarta, visited our office to work on emerging IT challenges.

Pacific Ombudsman Alliance

The inauguration of the Pacific Ombudsman Alliance in October 2008 was a major milestone in developing relations with Pacific Island Ombudsmen. The Alliance had its origin in 2006 when AusAID sought the Commonwealth Ombudsman's assistance in establishing coordinated regional ombudsman services. This was in response to the Pacific Plan for Strengthening Regional Cooperation and Integration (Pacific Plan). The Pacific Plan was signed by all Pacific Islands Forum leaders in 2005.

The Alliance grew from the network of Pacific Ombudsmen (the Commonwealth Ombudsman, and representatives from Ombudsman offices of the Cook Islands, NSW, New Zealand, PNG, Samoa, Solomon Islands, Tonga and Vanuatu) and more recent work with representatives from Pacific Island nations that do not have an Ombudsman (Federated States of Micronesia, Kiribati, Nauru, Niue, Palau, Republic of the Marshall Islands and Tuvalu). The Alliance is a sustainable and realistic way to meet the goals of the Pacific Plan for a mechanism to coordinate regional ombudsman services.

The Pacific Ombudsman Alliance serves to strengthen regional cooperation and coordination between Pacific Island Ombudsmen as well as those working to establish ombudsman functions and like agencies. It provides the institutional form, capacity and resources to coordinate and deliver additional services to all Pacific Islands Forum countries.

The Commonwealth Ombudsman was elected the first chair of the Alliance Board. Our office provides the core of the Board's secretariat and we coordinate or are directly involved in a range of activities, including:

• developing ombudsman legislation and improvements in complaint handling in Palau
• scoping improved complaint–handling processes in Niue
• revising Tonga's legislation, with further support planned for the next Ombudsman
• revising Samoa's legislation and support for strengthening the Samoan Ombudsman's operations
• working to strengthen professional relationships between the Ombudsman and police to improve complaint handling and professional standards in Samoa and Tonga
• further work to support small island states without an Ombudsman through a working group linked directly to the Pacific Islands Forum Governance Advisor
• maintaining regular communication with members and stakeholders
• building an electronic community of practitioners to share resources, advice and experience
• further review of training needs and production of training materials.

In addition, through Alliance linkages, the New Zealand Office of the Ombudsmen has provided support to Vanuatu and the Cook Islands, and our office has released a staff member to support the Solomon Islands Ombudsman through the Regional Assistance Mission to Solomon Islands.

Other international cooperation

During the year we hosted or participated in meetings with a number of international visitors exploring issues related to good governance. This included:

• a human rights delegation from Vietnam
• a delegation from the Ministry of Supervision in the People's Republic of China
• a delegation from the Bureau for Letters and Calls in the People's Republic of China
• the Chief Inspector of the United Kingdom Border Agency
• the Attorney General of the United Kingdom.

The Ombudsman attended the IXth World Conference of the International Ombudsman Institute (IOI), held in Sweden, and which celebrated the 200th anniversary of the Swedish Ombudsman. The conference provided an opportunity for Ombudsmen from around the world to discuss a wide range of topics of mutual interest and to take part in discussions and influence decisions concerning the future goals and work of the IOI. A brief summary of the international history of the Ombudsman function is provided in Chapter 8—Ombudsmen—200 years of service.