Part 2: Overview of the Office

Our purpose

The Office of the Commonwealth Ombudsman (the Office) is a non-corporate government entity established under the Ombudsman Act 1976 (the Ombudsman Act).

The Office was established to ensure ‘fair and accountable administrative action by Australian Government (the government) entities and prescribed private sector organisations by investigating complaints, reviewing administrative action, and statutory compliance inspections and reporting’.

We deliver this outcome by:

• providing assurance that government entities and prescribed private sector organisations the Office oversees act with integrity and treat people fairly
• influencing enduring systemic improvement in public administration in Australia and the region.

Ombudsman roles and functions

We are responsible for the following major functions:

• complaint management
• oversight of government agencies
• oversight of prescribed private sector organisations
• oversight of the Public Interest Disclosure Scheme
• responding to reports of serious abuse in the Department of Defence
• Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) National Preventive Mechanism (NPM) Coordinator and NPM for places of detention under the control of the government
• inspections of the use of certain covert and intrusive powers by law enforcement bodies.

The Office has jurisdiction over all government entities and their contracted service providers, subject to some specific statutory exclusions, such as the Australian Taxation Office and intelligence agencies.

The Office also oversees the activities of a range of private sector organisations, including:

• private health insurers
• postal operators that elect to register with the Postal Industry Ombudsman scheme (PIO scheme)
• some providers of education services.

The Commonwealth Ombudsman has the following separate titles that describe specific functions and powers:

• Defence Force Ombudsman (DFO) investigates actions arising from the service of a member of the Australian Defence Force (ADF). The DFO can investigate complaints from current or former members of the ADF about administrative matters relating to Defence agencies. Since 1 December 2016, the DFO's functions were expanded to provide an independent mechanism to report serious abuse in Defence.
• Postal Industry Ombudsman (PIO) investigates complaints about Australia Post and private postal operators that elect to register with the PIO scheme.
• Overseas Students Ombudsman (OSO) investigates complaints from overseas students about private education providers in Australia. The OSO also gives private registered providers advice and training on best practice for handling complaints from overseas students.
• Private Health Insurance Ombudsman (PHIO) protects the interests of private health insurance consumers. This is done in several ways, including dispute resolution, identifying systemic issues within the practices of private health funds, and providing advice and recommendations to government and industry. The PHIO can deal with complaints from health fund members, health funds, private hospitals or medical practitioners about a health insurance arrangement. PHIO also manages the privatehealth.gov.au website – Australia’s leading source of independent information about private health insurance for consumers.
• VET Student Loans Ombudsman (VSLO) investigates complaints from students studying a diploma, advanced diploma, graduate certificate or graduate diploma course and who have accessed the VET FEE‑HELP or the VET Student Loans programs to cover the cost of their studies in full or in part. The VSLO also provides vocational education and training providers with advice and training on best practice complaint handling.

The Commonwealth Ombudsman is also the ACT Ombudsman. The ACT Ombudsman's role is delivered by the Office under an agreement with the ACT Government. The Commonwealth Ombudsman can deal with most complaints involving the administrative actions of ACT Government agencies and police. The legislation governing the ACT Ombudsman authorises the Office to investigate complaints about or issues relating to:

• ACT Government agencies
• ACT Policing
• Reportable Conduct Scheme
• Freedom of information
• ACT Judicial Council
• Public interest disclosures.

Additional information is available in the ACT Ombudsman Annual Report 2020–21.

The Office’s functions fulfil its purpose through complaint handling, conducting investigations, performing audits and inspections, encouraging good public administration practices and discharging specialist oversight tasks. We influence improvement in public administration in the Pacific region and Indonesia through collaboration with partner entities.

In fulfilling our purpose, we strive to maintain the confidence of 3 main groups:

• members of the public who contact us to complain, report or otherwise seek our help
• government agencies and private sector organisations we oversee
• parliament, including both as the Commonwealth Ombudsman and the ACT Ombudsman, which means the Australian Parliament and the Australian Capital Territory Legislative Assembly respectfully.

Our outcome and programs

We identify 5 objectives to help deliver our purpose. Each of these objectives is linked to one or more of our 7 performance criteria. The table below outlines our purpose, objectives and performance criteria.

Our Purpose Provide assurance that Australian Government entities and prescribed private sector organisations the Office oversees act with integrity and treat people fairly. Influence enduring systemic improvement in public administration in Australia and the region.
Objective 1	Influence Australian and ACT Government entities to improve public administration and complaint handling systems through public reports, recommendations and direct engagement. We influence improvement in public administration and the practices of the agencies and organisations we oversee. We are responsive in our dealings with agencies. We maintain the confidence of parliament.
Objective 2	Provide an efficient, effective and accessible complaint handling service. We assist the public to resolve issues with agencies and organisations we oversee. We are responsive to the public when they contact our Office. We improve public awareness of our role in influencing public administration.
Objective 3	Undertake oversight and assurance activities relating to the integrity of Australian Government entities, Australian Capital Territory Government entities and prescribed private sector organisations. We influence improvements in public administration and the practices of the agencies and organisations we oversee. We are responsive in our dealings with agencies. We maintain the confidence of parliament.
Objective 4	Provide effective and impartial industry complaint handling services and provision of consumer information. We assist the public to resolve issues with agencies and organisations we oversee. We are responsive to the public when they contact our Office. We improve public awareness of our role in industry practice.
Objective 5	Deliver capacity building programs under the Australian Aid arrangements to support ombudsmen and allied integrity bodies to improve governance and accountability. We effectively deliver our capacity building programs for the ombudsmen and allied integrity bodies under the Australian Aid arrangements. We maintain the confidence of parliament.

Our performance against each criterion is demonstrated through a combination of qualitative analysis and quantitative metrics. For some criteria, setting a target (such as a target that 75 per cent of recommendations in public reports will be accepted by the agency or organisation) is appropriate. For other measures, our aim is to improve our performance compared to previous years (e.g. measuring an increase in the total number of enquiries, complaints and website visits). Read more about our 2020–21 performance in part 3.

Accountable authority

TABLE 1: ACCOUNTABLE AUTHORITY

		Period as accountable authority
Name	Position held	Date of Commencement	Date of Cessation
Michael Manthorpe PSM	Commonwealth Ombudsman	8 May 2017	31 July 2021

Organisational structure

The Commonwealth Ombudsman and Deputy Ombudsman are statutory officers appointed under the Ombudsman Act. Employees are engaged pursuant to the Public Service Act 1999. The Senior Assistant Ombudsman and Chief Operating Officer are Senior Executive Service Band 1 employees. The Executive and Senior Management structure on 30 June 2021 can be seen in Figure 1.

FIGURE 1: EXECUTIVE AND SENIOR MANAGEMENT STRUCTURE ON 30 JUNE 2021

Senior leadership group

Michael Manthorpe PSM, Rebecca Vonthethoff, Symone Andersen, Penny McKay, Julia Taylor, Lisa Collett, David Fintan
Absent: Louise Macleod, Emma Cotterill

Michael Manthorpe PSM, Commonwealth Ombudsman

Michael was appointed by the Australian Government to the role of Commonwealth Ombudsman on 8 May 2017. He is the tenth Commonwealth Ombudsman since the Office's inception in 1977. Michael retired from this role on 31 July 2021.

Prior to his appointment, Michael was a career Australian public servant. He is a generalist who studied journalism and history at the University of Queensland in the 1980s and worked for different governments on various public policy and program issues over the years. Most recently, he held Deputy Secretary level positions at the then Department of Immigration and Border Protection, where he was responsible for the global delivery of Australia's visa, citizenship and refugee programs. For 25 years, he worked in the Education, Employment and Workplace Relations portfolios.

He was awarded the Public Service Medal in 2010 for his leadership of the Australian Government's handling of the insolvency of ABC Learning childcare centres.

Michael is on the Executive of the Australia New Zealand Ombudsman Association (ANZOA) and is a Deputy President and Councillor of the ACT Branch of the Institute of Public Administration Australia (IPAA).

Penny McKay, Deputy Ombudsman

Penny was appointed by the Australian Government to the role of the Commonwealth Deputy Ombudsman on 10 August 2020¹ for a 5-year term. As Deputy Ombudsman, Penny assists the Commonwealth Ombudsman with strategic leadership and day-to-day management of the Office of the Commonwealth Ombudsman.

Penny’s public service career spans Australian Government and state and territory jurisdictions. In the early years of her career, she was a criminal prosecutor in the Australian Capital Territory (ACT), Northern Territory and Queensland. She held positions with the Commonwealth Director of Public Prosecutions the ACT Justice and Community Safety Directorate, and was General Counsel at the Australian Commission for Law Enforcement Integrity. Before her appointment, Penny was responsible for Integrity, Security and Assurance at the Department of Home Affairs.

Penny has extensive experience in areas of criminal law policy, prosecutions, integrity oversight and assurance. She holds a Bachelor of Law and a Bachelor of Business (Management) and is admitted to practise as a solicitor of the Supreme Court.

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¹Penny McKay was acting as the Integrity Commissioner and head of the Australian Commission for Law Enforcement Integrity on 30 June 2021.

Lisa Collett, Chief Operating Officer, Corporate Branch

Lisa Collett has been the Chief Operating Officer for the Office since 2020.

Prior to her appointment, Lisa held various leadership roles delivering the Office’s International engagement program with Ombudsman Institutes across the Indo-Pacific region and within the Office’s complaint management functions, refining and enhancing the Office’s complaint-handling policies and procedures.

Before joining the Office, Lisa worked in several Australian Public Service agencies on various innovative programs and policies in support of young people, Aboriginal and Torres Strait Islander people and people living in remote Australia.

Lisa holds a Bachelor of Social Sciences, a Bachelor of Laws and has been admitted as a legal practitioner in the Australian Capital Territory. She also holds an Executive Master’s in Public Administration from the Australian New Zealand School of Government.

Julia Taylor, Senior Assistant Ombudsman, Complaints Management and Education Branch

Julia joined the Office in 2019. She is currently responsible for the Office’s complaints management and education functions. Before joining that branch, Julia held leadership roles across a range of areas within the strategy function of the Office.

Julia has more than 20 years’ experience in the private and public sectors relating to strategic change and project management, business process design, information and communication technology (ICT) and telecommunications, service delivery, human resources and workload/workforce management. Julia’s Australian Public Service (APS) leadership experience has been gained through working in a range of roles in the Australian Taxation Office, Services Australia, Department of Home Affairs and the Office of the Commonwealth Ombudsman’s Office.

Before joining the APS, Julia worked in the private sector in the IT and telecommunications industry.

Julia has a keen interest in professional and executive coaching and is a mentor and coach within and external to the public service.

David Fintan, Senior Assistant Ombudsman, Strategy Branch

David joined the Office as Senior Assistant Ombudsman, Strategy Branch in March 2021². David leads most of the Office’s own motion investigations, the international program and the Office’s strategic policy and engagement activities.

David has more than 20 years’ experience in the private and public sectors working across policy development, program design and implementation, corporate governance, program and risk management, enabling services and legal practice.

David came to the Office from the Department of Education, Skills and Employment, where he spent about 6 years (2016–21) in a range of Senior Executive Staff roles in skills and higher education. Before that, David helped to establish the National Disability Insurance Agency (2013–16), where he held positions including Chief Risk Officer, Corporate Secretary and General Counsel.

Before his public service career, David was a lawyer for 15 years in private firms and in‑house government roles, where he specialised in administrative and public law.

David studied law and history at Macquarie University and was admitted as a legal practitioner in the ACT in 2001.

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² David Fintan was the acting Deputy Ombudsman on 30 June 2021.

Rebecca Vonthethoff, Senior Assistant Ombudsman, Assurance Branch

Rebecca joined the Office in 2021. She is currently responsible for the Office’s oversight of law enforcement and integrity agencies’ use of certain covert, coercive and intrusive powers. She is responsible for the Office’s role as the National Preventive Mechanism for places of detention under the control of the Australian Government, under the United Nations’ Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Before joining the Assurance Branch, Rebecca worked in national security and law enforcement policy at the Department of Home Affairs and the Attorney-General’s Department. Rebecca is admitted as a legal practitioner.

Emma Cotterill, Senior Assistant Ombudsman, Industry Branch

Emma Cotterill joined the Office in 2004. She is currently responsible for the Industry branch, which delivers complaint handling and strategic policy engagement activities in the Office’s roles as the Private Health Insurance Ombudsman, Postal Industry Ombudsman, VET Student Loans Ombudsman and Overseas Students Ombudsman.

Emma has over 20 years’ experience in the public sector. Much of this has focused on influencing improved government administration through complaints and stakeholder engagement – initially at the Child Support Agency and then in executive and senior executive roles in the Office’s complaints, strategic oversight, governance, inspections and audit functions.

Emma has a particular interest and experience in working with government agencies to ensure that new or changed programs are delivered well, particularly where they may more significantly affect vulnerable or disadvantaged community members. This work is evidenced in the Office’s public reports about welfare reform, employment services, the National Disability Insurance Scheme and immigration detention.

Emma is the Office’s Pride Champion and a member of the Pride In Diversity National Executive Champions Forum.

Louise Macleod, Substantive Senior Assistant Ombudsman, Program Delivery Branch

Louise joined the Office in July 2016 and has held various senior leadership roles across the Office, including leading the ACT Ombudsman and the Defence Abuse programs, the complaints management and education functions, and the former social services, Indigenous and disability functions.

Her public service career has involved various leadership roles formulating government policy, program management and service delivery in areas such as administrative law reform, investigations, compliance monitoring and trauma-informed dispute resolution and restorative justice. Before this, Louise served as an officer in the Australian Army and was admitted to practice as a legal practitioner in the ACT in 2015.

Most recently, Louise was seconded to the Department of the Prime Minister and Cabinet to lead a small team supporting the Deputy Secretary to deliver a report to the Prime Minister on whether more could be done to support staff involved in a serious incident during parliamentary employment.

Symone Andersen, Acting Senior Assistant Ombudsman, Program Delivery Branch

Symone joined the Office in 2020. She is currently responsible for the Defence Reparation Scheme and ACT Ombudsman functions, which includes, in addition to identifying and acting on serious or systemic issues of public administration within ACT Government agencies, the Reportable Conduct Scheme, Freedom of Information, Judicial Council and Inspector functions.

Symone has 21 years’ experience working across the APS and a strong record of achievement across strategic transformation, digital and technology projects, program delivery and management, service delivery and corporate services. Symone’s APS leadership experience was gained through various roles at Services Australia, the Department of Social Services, the Department of Home Affairs and the Digital Transformation Agency.

Before joining the APS, Symone worked in the private sector in advertising and marketing.

Symone has a Diploma in Government (Management), a Diploma in Frontline Management and certifications in project management, including being SAFe Agilist Certified (Scaled Agile Framework).