Section 6 Investigations, Reports and Submissions

Two of the key strategies for the Office of the Commonwealth Ombudsman for 2012–13, as outlined in the Portfolio Budget Statements 2012–13, are to:

• conduct own motion investigations and produce publications that promote good public administration, and
• contribute to broader public debate which promotes good public administration and accessibility of government program design and implementation.

This chapter outlines our work this year in these two areas.

Reports

Reports released in 2012–13 were as follows:

• Department of Immigration and Citizenship (DIAC): Suicide and self-harm in the immigration detention network (Report 02/2013)
• Department of Human Services (Centrelink): Investigation of a complaint from Ms Z concerning the administration of Youth Allowance (Report 01/2013)
• Department of Education, Employment and Workplace Relations (DEEWR) and Department of Innovation, Industry, Science, Research and Tertiary Education (DIISRTE): Administration of student refunds under the Education Services for Overseas Students (ESOS) Act 2000 (Report 06/2012).

Summaries of our published reports are provided below.

In addition to these reports, we published a number of statutory reports based on our law enforcement inspection and immigration detention review functions.

Inspection reports of the surveillance devices records of the Australian Crime Commission (ACC), the Australian Federal Police (AFP) and the New South Wales Police were published in September 2012 and of the ACC, AFP and the Victoria Police in March 2013. Inspection reports of the controlled operations records of the Australian Crime Commission and the AFP were published in September 2012.

Inspection reports of the examinations conducted by the Director of Fair Work Building and Construction were published in November 2012.

Immigration statutory reporting under section 486O of the Migration Act 1958 on 631 people who have been detained in immigration detention networks for two or more years were tabled in the Parliament in August 2012, September 2012, October 2012, November 2012, March 2013 and June 2013.

Report summaries

Suicide and self-harm in the immigration detention network

In May 2013 we published a report, Department of Immigration and Citizenship (DIAC): Suicide and self-harm in the immigration detention network, following an investigation which was prompted by several deaths and incidents of self-harm in detention facilities, along with observed deterioration in the psychological health of detainees, particularly at Christmas Island.

We were limited in our ability to draw conclusions about the reasons for self-harm because of limitations in the data that DIAC and its service providers maintained in relation to self-harm. However, the report identified a strong correlation between the average time in detention and the increase in self-harming behaviour during 2011. The report made nine recommendations to DIAC concerning, among other things:

• data collection
• management and reporting
• review of deaths and serious incidents of self-harm
• information delivery and engagement with detainees
• prioritisation and processing of asylum claims and requests for Ministerial intervention.

DIAC accepted eight of the recommendations in full or in principle and noted one recommendation which it is having continuing discussions about with another agency.

Investigation of Youth Allowance complaint

In February 2013 we published a report, Department of Human Services (Centrelink): investigation of a complaint from Ms Z concerning the administration of youth allowance. Ms Z was a homeless 16-year-old girl who approached Centrelink for financial assistance. Centrelink eventually decided she qualified for youth allowance at the ‘unreasonable to live at home’ rate, but she experienced a series of delays and errors that left her without regular payment.

Those delays and errors were attributable to Centrelink’s failure to manage Ms Z’s case appropriately, using the procedures it has developed precisely to help people like her. They should have used these processes both to assess whether Ms Z was entitled to receive a payment and to meet various procedural requirements, such as proof of identity checks and obtaining a tax file number.

Our investigation led Centrelink to review and strengthen its processes and apologise to Ms Z.

Investigation of student refund administration

In December 2012 we published a report, Department of Education, Employment and Workplace Relations (DEEWR) and Department of Innovation, Industry, Science, Research and Tertiary Education (DIISRTE): Administration of student refunds under the Education Services for Overseas Students (ESOS) Act 2000. This followed an investigation into a complaint from an overseas student, Mr A, about a decision made by the ESOS Assurance Fund Manager.

Mr A was studying with a school which closed part way through his studies. Mr A had paid $49,000 for the course. The ESOS Act provided that when an education provider closes or ceases to offer a course to overseas students, the provider has obligations to either refund the total amount paid for the course or arrange for the student to be offered a place in a suitable alternative course. Mr A was not placed in a suitable alternative course at the time the fund manager decided to partially refund approximately $32,500. Mr A subsequently complained to the Department of Education, Employment and Workplace Relations about the fund manager’s decision and sought a review. After we became involved, the department liaised with the fund manager and a new decision was made to refund a further $16,500 to Mr A.

As a result of our investigation of the department and the fund manager, the fund manager conducted a further review of some 480 payments made to other overseas students in similar circumstances and subsequently paid out $2.1 million in refunds to 308 overseas students. In January 2011 the department made changes to the way they monitored the fund manager and their policy position on granting refunds to comply with the 1 July 2012 changes to the ESOS Act.

Submissions

One way our office contributes to broader public debate about matters of public administration—in addition to our investigations and inspections reports—is to make formal submissions to reviews and inquiries, including those by parliamentary committees.

The submissions we made in 2012–13 were to the:

• Inquiry into the Public Interest Disclosure Bill 2013 by the Standing Committee on Social Policy and Legal Affairs
• Inquiry into the Public Interest Disclosure Bill 2013 by the Standing Committee on Legal and Constitutional Affairs
• Roundtable on international education by the Standing Committee on Education and Employment
• Inquiry into Potential Reforms of National Security Legislation by the Parliamentary Joint Committee on Intelligence and Security
• Joint Committee of Public Accounts and Audit Annual Public Hearing with the Commissioner of Taxation (this involved a joint response with the Australian Taxation Office and a separate submission).

We also made a number of submissions to government inquiries, including the:

• Department of Families, Housing, Community Services and Indigenous Affairs exposure draft to the Social Security Legislation Amendment (Public Housing Tenants Support) Bill 2013
• Independent Review of the Department of Human Service’s Centrepay System
• Dr Allan Hawke AC review of the Freedom of Information Act 1982 and the Australian Information Commissioner Act 2010.