Foreword

Introduction

Complaint handling by Commonwealth and ACT agencies

In October 2014 I released a report into an investigation of complaint management by Commonwealth and ACT agencies. The report provides a benchmark to assist future development of agency complaint-handling practices.

We examined agencies' complaint handling arrangements from a number of perspectives, including accessibility, fairness, responsiveness, efficiency, working with multiple agencies, remedies for complainants, and how information from complaints is used as part of agencies' continuous improvement.

Pleasingly, we found that government agencies are more focused on resolving complaints and meeting customer expectations than they were 20 years ago when we made our first systematic examination of agency complaint handling arrangements.

But there is still more to be done.

A key recommendation was that agencies' complaints systems need to be accessible to vulnerable people. People who face challenges such as remoteness, a lack of literacy, disability, or homelessness are more likely to have problems with government, so it is important that the complaint system is accessible and flexible enough to help them resolve problems before they grow into larger disputes.

We look forward to working with agencies to help ensure their complaint handling continues to improve.

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Changes in jurisdiction

During the year we responded to machinery of government changes and new policy initiatives. We were asked to take on new functions and responsibilities, and also to effect the transfer of responsibility for some complaints to another agency.

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Private health insurance

We prepared to assume responsibility for private health insurance complaints from the Private Health Insurance Ombudsman on 1 July 2015. Legislation to give effect to the transfer of responsibility was passed by the Parliament in May 2015.

The role of the Private Health Insurance Ombudsman (PHIO) is to protect the interests of people covered by private health insurance. PHIO carries out this role in a number of ways, including an independent complaints handling service, education and advice services for consumers and providing advice to industry and government about issues of concern to consumers.

This exciting new jurisdiction adds to my office's other 'industry' ombudsman functions - the Overseas Students Ombudsman and the Postal Industry Ombudsman.

We look forward to continuing the excellent work of the PHIO as part of our new, expanded office.

I also take this opportunity to thank the previous Private Health Insurance Ombudsman, Samantha Gavel, for her outstanding contribution as a leader and fellow ombudsman, and wish her well for the future.

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Data retention oversight

The office's role oversighting law enforcement agencies' use of intrusive and coercive powers will also expand.

In April 2015 the Parliament passed a range of amendments to the Telecommunications (Interception and Access) Act 1979 (TIA Act) addressing the retention of data by telecommunications providers and law enforcement agencies' access to that data.

The amendments included a substantial new function for my office to oversight law enforcement agency compliance with the new data retention regime. This strengthens my office's already significant role as part of the Commonwealth's integrity framework and I look forward to reporting on our progress in future annual reports.

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FOI complaints

As a result of the Government's decision to abolish the Office of the Australian Information Commissioner, on 1 November 2014 we assumed responsibility for handling complaints about the processing of freedom of information requests.

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Taxation Ombudsman

On 1 May 2015 I ceased performing the role of Taxation Ombudsman. The handling of taxation-related complaints is now the responsibility of the Inspector-General of Taxation.

During the year my office and the Office of the Inspector-General of Taxation worked together to ensure a smooth transition of responsibility.

It is important to acknowledge the achievements of my office and my predecessors in performing the Taxation Ombudsman role, which was originally created in 1995 to increase the focus on investigating complaints about the Australian Taxation Office.

We assisted many thousands of ordinary taxpayers with their complaints about the ATO. We also achieved significant results working with the ATO to help it improve its own complaint-handling capacity.

I wish the Inspector-General of Taxation well in his expanded role, but I reiterate the concerns I have expressed elsewhere about the proliferation of niche complaint handling bodies at the expense of the Ombudsman's capacity to have visibility of, and address, whole-of-government issues.

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Future vision

Finally, we also looked at the way we manage our own business and how we articulate our purpose.

As government's activities and citizens' expectations of government change, so must Ombudsmen. In today's rapidly changing public sector environment, the role of the Ombudsman is evolving.

For some time my office has articulated its purpose this way:

To influence agencies to treat people fairly through our investigation of their administration.

But the public sector of the future is going to require more of my office. I now describe the purpose of my role and that of my office this way:

• To provide assurance that the organisations we oversight act with integrity and treat people fairly, and
• To influence enduring systemic improvement in public administration in Australia and the region.

The four key concepts, or pillars, that will guide the evolution of my office are:

• Assurance - we will provide assurance to agencies, the Government and the public that the organisations we oversight are dealing with complaints effectively. We will strive to be valued for providing a professional and impartial complaint-handling service, and to form a key element in enhancing citizens' access to justice.
• Integrity - we will maintain and enhance our integrity role in assessing agency compliance with legislation in the use of covert or coercive powers, in oversighting the public interest disclosure scheme, and in delivering an agile and responsive immigration ombudsman capability.
• Influence - we will build strong relationships to influence outcomes through investigation of complaints, recommendations to government and own motion investigations.
• Improvement - we will focus on encouraging systemic improvement in public administration, examine new ways to measure and report on our impact on agency behaviour and public administration, and act as thought leaders on issues of public administration through collaboration with agencies, academia and other civil society organisations.

Conclusion

For nearly 40 years the Commonwealth Ombudsman has been a leader in building better public administration, and promoting good governance, accountability and transparency through oversight of government administration and service delivery.

Just as the public sector of today is different to the public sector of 40 years ago, so must the Ombudsman grow and adapt.

The changes happening in the Australian public sector landscape are significant.

I look forward to working with all agencies, and the enthusiastic and professional staff of my office, to continue to support strong and effective public administration.

Colin Neave
Commonwealth Ombudsman