ORGANISATION OVERVIEW

Role and Functions

The Office of the Commonwealth Ombudsman (the office) exists to safeguard the community in its dealings with Australian Government agencies, and some private sector organisations, and to ensure that administrative actions by those agencies are fair and accountable. The Ombudsman has four major statutory roles:

  1. Complaint investigations: conducting reviews of, and investigations into, the administrative actions of Australian Government officials, agencies and their service providers upon receipt of complaints from individuals, groups or organisations. The role includes the actions of registered private providers of training for overseas students and registered private postal operators.
  2. Own motion investigations: on the Ombudsman’s own initiative, conducting investigations into the administrative actions of Australian Government agencies. These investigations often arise from insights gained through the handling of individual complaints.
  3. Compliance audits: inspecting the records of agencies such as the Australian Federal Police (AFP) and Australian Crime Commission (ACC) to ensure compliance with legislative requirements applying to selected law enforcement and regulatory agencies.
  4. Immigration detention oversight: under s 4860 of the Migration Act, reporting to the Immigration Minister on the detention arrangements for people in immigration detention for two years or more (and on a six-monthly basis thereafter). Our reports as well as the Minister’s response is tabled in Parliament. As Immigration Ombudsman we also oversight immigration detention facilities through a program of regular announced and unannounced visits to detention centres.

Handling complaints and conducting own motion investigations are traditional ombudsman activities; they account for most of the work done by the office. The guiding principle in an investigation is to examine whether an administrative action is unlawful, unreasonable, unjust, improperly discriminatory, factually deficient, or otherwise wrong. At the conclusion of an investigation, the Ombudsman may recommend that corrective action be taken by an agency, either specifically in an individual case or more generally, by a change to relevant legislation, administrative policies or procedures.

The office seeks to foster good public administration within Australian Government agencies by encouraging principles and practices that are sensitive, responsive and adaptive to the needs of members of the public. The office is impartial and independent and does not provide advocacy services for complainants or for agencies.

The Ombudsman may consider complaints about most Australian Government departments and agencies, and most contractors delivering services to the community for, or on behalf of, the Australian Government.

In addition, the Ombudsman Act confers six specialist roles on the Ombudsman:

The Commonwealth Ombudsman is also the ACT Ombudsman in accordance with s 28 of the ACT Self-Government (Consequential Provisions) Act 1988 (Cth). The role of ACT Ombudsman is performed under the Ombudsman Act 1989 (ACT), and is funded under a services agreement between the Commonwealth Ombudsman and the ACT Government. The ACT Ombudsman annual report is submitted separately to the ACT Legislative Assembly.

Organisation and Structure

The national offices of the Commonwealth, ACT and Norfolk Island Ombudsman are co-located in Canberra. In 2011–12 the amendments to the Norfolk Island Ombudsman Bill 2012 were finalised, with the Norfolk Island Act 2012 passed in July 2012. In March 2012 the Acting Ombudsman, Alison Larkins, and staff from the Ombudsman’s office attended a three‑day community information program on Norfolk Island. This was a joint program involving the Information Commissioner, the President of the Administrative Appeals Tribunal (AAT) and the Commonwealth Ombudsman’s office, timed to coincide with the formal start of the AAT’s jurisdiction over Norfolk Island administrative decisions.

The Office of the Commonwealth Ombudsman also has offices in Adelaide, Brisbane, Melbourne, Perth and Sydney. The office has a Memorandum of Understanding in place with each of the Northern Territory and Tasmanian governments to provide Commonwealth Ombudsman services in Darwin and Hobart respectively.

The Ombudsman and Deputy Ombudsman are statutory officers appointed under the Ombudsman Act. Employees are engaged pursuant to the Public Service Act 1999. Senior Assistant Ombudsmen are Senior Executive Service Band 1 employees.

The executive and senior management structure is provided at Figure 1.1.

Figure 1.1: Executive and senior management structure at 30 June 2012

Ombudsmen in Australia

The office of Justitie-Ombudsman was introduced by the Swedish Parliament in 1809 to act as a defender of the people in their dealings with government.

Since then, the concept of an ombudsman as an independent person who can investigate and resolve disputes between members of the community and government has spread to more than 120 countries. It is considered an essential accountability mechanism in democratic societies, adopted by newly independent countries, those moving towards democracy and countries that have had a long tradition of stable government.

The focus and role of ombudsman offices will vary, in line with the form of government and the specific characteristics of the country. Nevertheless, the growth in ombudsman offices, and the adoption of the concept in sectors other than government, shows that it has stood the test of time.

In Australia, the Northern Territory and various state government ombudsman offices were established during the 1970s. The ACT Ombudsman started in 1989, when the ACT became self-governing.

The Office of the Commonwealth Ombudsman commenced operation on 1 July 1977 under the Ombudsman Act 1976 (Ombudsman Act). The office sits within the portfolio administered by the Prime Minister.

The Commonwealth Ombudsman is a parliamentary ombudsman, appointed and funded by the Australian Government to handle complaints about the administrative actions of government agencies. Each state and territory in Australia has a parliamentary ombudsman that handles complaints about actions or decisions made by government in the relevant jurisdiction.

In addition, Australia has various industry ombudsmen that are distinct from parliamentary ombudsmen. They handle complaints about, for example, financial services, employment, public utilities, health insurance, public transport, superannuation and telecommunications.

While the office works cooperatively with industry and state and territory ombudsmen, the Commonwealth Ombudsman has no jurisdiction over them.

Outcome and Program Structure

The Portfolio Budget Statements for 2011–12 defined one Outcome and Program for the office. The outcome was:

Fair and accountable administrative action by Australian Government agencies by investigating complaints, reviewing administrative action and inspecting statutory compliance by law enforcement agencies.

The Program was defined as the Office of the Commonwealth Ombudsman. This annual report describes the office’s performance against the Outcome and Program structure.

Skip to main content
    0 results available.
      0 results available.
      language assistant menu topper outer language assistant menu topper inner

      Read documents in your language

      If you need more translations, please contact us via: 1300 362 072 or ombudsman@ombudsman.gov.au

      Commonwealth Ombudsman Annual Report 2011–2012 | Chapter 1

      ORGANISATION OVERVIEW

      Role and Functions

      The Office of the Commonwealth Ombudsman (the office) exists to safeguard the community in its dealings with Australian Government agencies, and some private sector organisations, and to ensure that administrative actions by those agencies are fair and accountable. The Ombudsman has four major statutory roles:

      1. Complaint investigations: conducting reviews of, and investigations into, the administrative actions of Australian Government officials, agencies and their service providers upon receipt of complaints from individuals, groups or organisations. The role includes the actions of registered private providers of training for overseas students and registered private postal operators.
      2. Own motion investigations: on the Ombudsman’s own initiative, conducting investigations into the administrative actions of Australian Government agencies. These investigations often arise from insights gained through the handling of individual complaints.
      3. Compliance audits: inspecting the records of agencies such as the Australian Federal Police (AFP) and Australian Crime Commission (ACC) to ensure compliance with legislative requirements applying to selected law enforcement and regulatory agencies.
      4. Immigration detention oversight: under s 4860 of the Migration Act, reporting to the Immigration Minister on the detention arrangements for people in immigration detention for two years or more (and on a six-monthly basis thereafter). Our reports as well as the Minister’s response is tabled in Parliament. As Immigration Ombudsman we also oversight immigration detention facilities through a program of regular announced and unannounced visits to detention centres.

      Handling complaints and conducting own motion investigations are traditional ombudsman activities; they account for most of the work done by the office. The guiding principle in an investigation is to examine whether an administrative action is unlawful, unreasonable, unjust, improperly discriminatory, factually deficient, or otherwise wrong. At the conclusion of an investigation, the Ombudsman may recommend that corrective action be taken by an agency, either specifically in an individual case or more generally, by a change to relevant legislation, administrative policies or procedures.

      The office seeks to foster good public administration within Australian Government agencies by encouraging principles and practices that are sensitive, responsive and adaptive to the needs of members of the public. The office is impartial and independent and does not provide advocacy services for complainants or for agencies.

      The Ombudsman may consider complaints about most Australian Government departments and agencies, and most contractors delivering services to the community for, or on behalf of, the Australian Government.

      In addition, the Ombudsman Act confers six specialist roles on the Ombudsman:

      • Defence Force Ombudsman, to investigate action arising from the service of a member of the Australian Defence Force
      • Immigration Ombudsman, to investigate action taken in relation to immigration (including monitoring immigration detention)
      • Law Enforcement Ombudsman, to investigate conduct and practices of the Australian Federal Police and its members
      • Postal Industry Ombudsman, to investigate complaints about Australia Post and private postal operators registered with the Postal Industry Ombudsman scheme
      • Taxation Ombudsman, to investigate action taken by the Australian Taxation Office
      • ƒ Overseas Students Ombudsman, to investigate complaints from overseas students about private education providers in Australia.

      The Commonwealth Ombudsman is also the ACT Ombudsman in accordance with s 28 of the ACT Self-Government (Consequential Provisions) Act 1988 (Cth). The role of ACT Ombudsman is performed under the Ombudsman Act 1989 (ACT), and is funded under a services agreement between the Commonwealth Ombudsman and the ACT Government. The ACT Ombudsman annual report is submitted separately to the ACT Legislative Assembly.

      Organisation and Structure

      The national offices of the Commonwealth, ACT and Norfolk Island Ombudsman are co-located in Canberra. In 2011–12 the amendments to the Norfolk Island Ombudsman Bill 2012 were finalised, with the Norfolk Island Act 2012 passed in July 2012. In March 2012 the Acting Ombudsman, Alison Larkins, and staff from the Ombudsman’s office attended a three‑day community information program on Norfolk Island. This was a joint program involving the Information Commissioner, the President of the Administrative Appeals Tribunal (AAT) and the Commonwealth Ombudsman’s office, timed to coincide with the formal start of the AAT’s jurisdiction over Norfolk Island administrative decisions.

      The Office of the Commonwealth Ombudsman also has offices in Adelaide, Brisbane, Melbourne, Perth and Sydney. The office has a Memorandum of Understanding in place with each of the Northern Territory and Tasmanian governments to provide Commonwealth Ombudsman services in Darwin and Hobart respectively.

      The Ombudsman and Deputy Ombudsman are statutory officers appointed under the Ombudsman Act. Employees are engaged pursuant to the Public Service Act 1999. Senior Assistant Ombudsmen are Senior Executive Service Band 1 employees.

      The executive and senior management structure is provided at Figure 1.1.

      Figure 1.1: Executive and senior management structure at 30 June 2012

      Ombudsmen in Australia

      The office of Justitie-Ombudsman was introduced by the Swedish Parliament in 1809 to act as a defender of the people in their dealings with government.

      Since then, the concept of an ombudsman as an independent person who can investigate and resolve disputes between members of the community and government has spread to more than 120 countries. It is considered an essential accountability mechanism in democratic societies, adopted by newly independent countries, those moving towards democracy and countries that have had a long tradition of stable government.

      The focus and role of ombudsman offices will vary, in line with the form of government and the specific characteristics of the country. Nevertheless, the growth in ombudsman offices, and the adoption of the concept in sectors other than government, shows that it has stood the test of time.

      In Australia, the Northern Territory and various state government ombudsman offices were established during the 1970s. The ACT Ombudsman started in 1989, when the ACT became self-governing.

      The Office of the Commonwealth Ombudsman commenced operation on 1 July 1977 under the Ombudsman Act 1976 (Ombudsman Act). The office sits within the portfolio administered by the Prime Minister.

      The Commonwealth Ombudsman is a parliamentary ombudsman, appointed and funded by the Australian Government to handle complaints about the administrative actions of government agencies. Each state and territory in Australia has a parliamentary ombudsman that handles complaints about actions or decisions made by government in the relevant jurisdiction.

      In addition, Australia has various industry ombudsmen that are distinct from parliamentary ombudsmen. They handle complaints about, for example, financial services, employment, public utilities, health insurance, public transport, superannuation and telecommunications.

      While the office works cooperatively with industry and state and territory ombudsmen, the Commonwealth Ombudsman has no jurisdiction over them.

      Outcome and Program Structure

      The Portfolio Budget Statements for 2011–12 defined one Outcome and Program for the office. The outcome was:

      Fair and accountable administrative action by Australian Government agencies by investigating complaints, reviewing administrative action and inspecting statutory compliance by law enforcement agencies.

      The Program was defined as the Office of the Commonwealth Ombudsman. This annual report describes the office’s performance against the Outcome and Program structure.