Part 8: References
Part 8: References
Glossary
Contact | Any external contact to our Office. Contacts are made up of complaints, program-specific matters and any other enquiries. |
Authorised officer | An officer appointed by the Principal Officer of an agency to receive and allocate public interest disclosures. |
Complaint | Contact with our Office indicating that something is unsatisfactory or unacceptable in relation to an action by an agency or organisation within our jurisdiction. This includes:
|
Enquiry | Any contact with our Office that is not a complaint or program-specific matter. This can include:
|
Finalised | A contact is finalised when we finish acting in response to that contact. |
Outcome | The result of a contact to our Office. These can vary depending on the type of contact and can include:
|
Out of jurisdiction (OOJ) | A matter about which the Office has no legal power under the Ombudsman Act 1976 to investigate. |
Own motion investigation | An investigation conducted on the Ombudsman’s own initiative. |
Program-specific matter | An application, report or other statutory process that requires processing by our Office but is not a complaint. This includes:
|
Public interest disclosure (PID) | Unless otherwise stated, this relates to an internal disclosure of wrongdoing that was reported by a public official to an authorised internal recipient. |
Serious abuse | ‘Serious abuse’ (within Defence) is defined as sexual abuse, serious physical abuse and serious bullying and harassment. All reports of abuse are assessed to determine whether the reported abuse meets this definition. |
The Office | The Office of the Commonwealth Ombudsman. |
The Ombudsman | The person occupying the statutory position of Commonwealth Ombudsman. |
Within jurisdiction | A contact about a matter the Office may investigate under the Ombudsman Act 1976. |
List of Abbreviations
ACLEI | Australian Commission for Law Enforcement Integrity |
ACT | Australian Capital Territory |
ADF | Australian Defence Force |
AFP | Australian Federal Police |
ANAO | Australian National Audit Office |
ANZOA | Australia New Zealand Ombudsman Association |
APS | Australian Public Service |
ASQA | Australian Skills Quality Authority |
CFO | Chief Financial Officer |
COO | Chief Operating Officer |
DESE | Department of Education, Skills and Employment |
DFO | Defence Force Ombudsman |
DFRDB | Defence Force Retirement and Death Benefits |
DHA | Defence Housing Australia |
DVA | Department of Veterans' Affairs |
EA | Enterprise agreement |
EAP | Employee Assistance Program |
FOI | Freedom of Information |
ICT | Information and communication technology |
IGIS | Inspector-General of Intelligence and Security |
IPAA | Institute of Public Administration Australia |
IPS | Information Publication Scheme |
ITECA | Independent Tertiary Education Council Australia |
ITGC | Information and Technology Governance Committee |
NPM | National Preventive Mechanism |
OAIC | Office of the Australian Information Commissioner |
OPCAT | Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
OSO | Overseas Students Ombudsman |
PGPA | Public Governance, Performance and Accountability |
PHIO | Private Health Insurance Ombudsman |
PID | Public Interest Disclosure |
PIO | Postal Industry Ombudsman |
PSGC | Protective Security Governance Committee |
RAAF | Royal Australian Air Force |
RMPF | Risk Management Policy and Framework |
SAO | Senior Assistant Ombudsmen |
SBS | Special Broadcasting Service |
SES | Senior Executive Staff |
SIA | Secretary Initiated Actions |
SLG | Senior Leadership Group |
SME | Small and Medium Enterprises |
SOETM | Services for Other Entities and Trust Moneys |
SPB | Strategic Policy Board |
SRM | Student Redress Measures |
VET | Vocational Education and Training |
VSLO | VET Student Loans Ombudsman |
WA | Western Australia |
WHS | Work health and safety |
WHSC | Work Health and Safety Committee |
WRC | Workplace Relations Committee |
Lists of tables and figures
Tables
Table 1: Accountable authority. 15
Table 2: Average number of authorised officers in an agency, by agency size. 38
Table 3: Investigation timeframes. 39
Table 4: Annual reporting requirements under the Ombudsman Act 43
Table 5: Views on providers meeting responsibilities in complaints finalised in 2020–21. 48
Table 6: Audit and risk committee members. 56
Table 7: Applications to the OAIC for reviews of FOI decisions made by the Ombudsman. 60
Table 8: Complaints to the OAIC about breaches of privacy involving the Ombudsman. 60
Table 9: Total reportable consultancy contract expenditure in 2020–21. 64
Table 10: Total reportable non-consultancy contract expenditure in 2020–21. 65
Table 11: All public contacts 2020–21 (as of 30 June 2021) 67
Table 12: Term for senior executives. 94
Table 13: Remuneration for senior executives. 95
Table 14: All ongoing employees current report period (2020–2021) 97
Table 15: All non-ongoing employees current report period (2020–2021) 97
Table 16: All ongoing employees previous report period (2019–20) 98
Table 17: All non-ongoing employees previous report period (2019–20) 98
Table 18: Australian Public Service Act ongoing employees current report period (2020–21)1 99
Table 19: Australian Public Service Act non-ongoing employees current report period (2020–21) 100
Table 20: Australian Public Service Act ongoing employees previous report period (2019–20)2 101
Table 21: Australian Public Service Act non-ongoing employees previous report period (2019–20)3 102
Table 22: Australian Public Service Act employees by full-time and part-time status current report period (2020–21) 103
Table 23: Australian Public Service Act employees by full-time and part-time status previous report period (2019–20) 104
Table 24: Australian Public Service Act employment type by location current report period (2020–21) 105
Table 25: Australian Public Service Act employment type by location previous report period (2019–20) 105
Table 26: Australian Public Service Act Indigenous employment current report period (2020–21) 106
Table 27: Australian Public Service Act Indigenous Employment previous report period (2019–20) 106
Table 28: Australian Public Service Act employment arrangements current report period (2020–21)4 106
Table 29: Australian Public Service Act employment arrangements previous report period (2019–20)5 107
Table 30: Australian Public Service Act employment salary ranges by classification level (minimum/maximum) current report period (2020–21) 107
Table 31: Australian Public Service Act employment performance pay by classification level (minimum/maximum) current report period (2020–21) 108
Table 32: Entity resources statement 2020–21. 109
Table 33: Resource summary table: Expenses for outcome1 110
Table 34: Number of disclosures. 113
Table 35: Agencies that reported not receiving PIDs. 119
Table 36: PID investigations completed and action(s) taken in response to recommendations 122
Figures
Figure 1: Executive and senior management structure on 30 June 2021. 15
Figure 2: performance criteria results year on year comparison. 24
Figure 3: allegations of disclosable conduct financial year comparison. 34
Figure 4: s48 – Declined to investigate decision – FY Comparison. 35
Figure 5: Findings of disclosable conduct Financial Year comparison. 36
Figure 6: Referrals to other investigative mechanisms Financial Year comparison. 37
Figure 7: 2020–21 Reports of abuse received. 45
Figure 8: Most reported locations. 45
Figure 9: Issues raised in finalised complaints. 49
Figure 10: Complaints by education sector 50
Figure 11: Committee structure. 55
List of requirements
PGPA rule reference | Part of report | Description | Requirement | Page |
17AD(g) | Letter of transmittal | Letter of transmittal | ||
17AI | - | Mandatory | 4 | |
17AD(h) | Aids to access | Aids to access | ||
17AJ(a) | - | Mandatory | ||
17AJ(b) | Part 8 | Alphabetical index | Mandatory | 145 |
17AJ(c) | Part 8 | Glossary of abbreviations and acronyms | Mandatory | 128-129 |
17AJ(d) | Part 8 | List of requirements | Mandatory | 135-144 |
17AJ(e) | - | Details of contact officer | Mandatory | 3, 6 |
17AJ(f) | - | Entity's website address | Mandatory | 6 |
17AJ(g) | - | Electronic address of report | Mandatory | 3 |
17AD(a) | Review by Accountable Authority | Review by Accountable Authority | ||
17AD(a) | Part 1 | Mandatory | 9-11 | |
17AD(b) | Overview of the entity | Overview of the entity | ||
17AE(1)(a)(i) | Part 2 | Mandatory | 12-20 | |
17AE(1)(a)(ii) | A description of the organisational structure of the entity | Mandatory | 15-20 | |
17AE(1)(a)(iii) | Part 3 | A description of the outcomes and programs administered by the entity | Mandatory | 14-15 |
17AE(1)(a)(iv) | Part 3 | A description of the purposes of the entity as included in corporate plan | Mandatory | 12, 14 |
17AE(1)(aa)(i) | Part 2 | Name of the Accountable Authority or each member of the Accountable Authority | Mandatory | 15, 21 |
17AE(1)(aa)(ii) | Part 2 | Position of the Accountable Authority or each member of the Accountable Authority | Mandatory | 15, 21 |
17AE(1)(aa)(iii) | Part 2 | Period as the Accountable Authority or member of the accountable authority within the reporting period | Mandatory | 94 |
17AE(1)(b) | - | An outline of the structure of the portfolio of the entity | Portfolio departments – mandatory | NA |
17AE(2) | - | Where the outcomes and programs administered by the entity differ from any Portfolio Budget Statement, Portfolio Additional Estimates Statement or other portfolio estimates statement that was prepared for the entity for the period, include details of variation and reasons for change | If applicable, mandatory | Nil to report |
17AD(c) | Report on the performance of the entity | Report on the performance of the entity | ||
annual performance statements | ||||
17AD(c)(i); 16F | Part 3 | Mandatory | 21-32 | |
17AD(c)(ii) | Report on financial performance | Report on financial performance | ||
17AF(1)(a) | Part 3 | Mandatory | 31-32 | |
17AF(1)(b) | Part 7 | A table summarising the total resources and total payments of the entity | Mandatory | 109-110 |
17AF(2) | - | If there may be significant changes in the financial results during or after the previous or current reporting period, information on those changes, including: | If applicable, mandatory | Nil to report |
17AD(d) | Management and accountability | Management and accountability | ||
corporate governance | ||||
17AG(2)(a) | Part 6 | Mandatory | 55-65 | |
17AG(2)(b)(i) | Part 6 | A certification by accountable authority that fraud risk assessments and fraud control plans are prepared | Mandatory | 4 |
17AG(2)(b)(ii) | Part 6 | A certification by accountable authority that appropriate mechanisms for preventing, detecting incidents of, investigating or otherwise dealing with, and recording or reporting fraud that meet the specific needs of the entity are in place | Mandatory | 4 |
17AG(2)(b)(iii) | Part 6 | A certification by Accountable Authority that all reasonable measures were taken to deal appropriately with fraud relating to the entity | Mandatory | 4 |
17AG(2)(c) | Part 6 | An outline of structures and processes in place for the entity to implement principles and objectives of corporate governance | Mandatory | 55 |
17AG(2)(d) – (e) | - | A statement of significant issues reported to Minister under paragraph 19(1)(e) of the Act that relates to non-compliance with Finance law and action taken to remedy non-compliance | If applicable, Mandatory | Nil to report |
Audit committee | Audit committee | |||
17AG(2A)(a) | Part 6 | Mandatory | 55-57 | |
17AG(2A)(b) | Part 6 | The name of each member of the entity’s audit committee | Mandatory | 56-57 |
17AG(2A)(c) | Part 6 | The qualifications, knowledge, skills or experience of each member of the entity’s audit committee | Mandatory | 56-57 |
17AG(2A)(d) | Part 6 | Information about the attendance of each member of the entity’s audit committee at committee meetings | Mandatory | 56-57 |
17AG(2A)(e) | Part 6 | The remuneration of each member of the entity’s audit committee | Mandatory | 56-57 |
External scrutiny | External scrutiny | |||
17AG(3) | Part 6 | Mandatory | 59-60 | |
17AG(3)(a) | - | Information on judicial decisions and decisions of administrative tribunals and by the Australian Information Commissioner that may have a significant effect on the operations of the entity | If applicable, Mandatory | NA |
17AG(3)(b) | - | Information on any reports on operations of the entity by the Auditor-General (other than report under s 43 of the Act), a Parliamentary Committee or the Commonwealth Ombudsman | If applicable, Mandatory | NA |
17AG(3)(c) | - | Information on any capability reviews on the entity that were released during the period | If applicable, Mandatory | Nil to report |
Management of human resources | Management of human resources | |||
17AG(4)(a) | Part 6 | Mandatory | 61-63, 94-108 | |
17AG(4)(aa) | Part 6, 7 | Statistics on the entity’s employees on an ongoing and non-ongoing basis, including the following: (a) statistics on full-time employees; (b) statistics on part-time employees; (c) statistics on gender; (d) statistics on staff location | Mandatory | 97-105 |
17AG(4)(b) | Part 7 | Statistics on the entity’s APS employees on an ongoing and non-ongoing basis; including the following: Statistics on staffing classification level; Statistics on full-time employees; Statistics on part-time employees; Statistics on gender; Statistics on staff location; Statistics on employees who identify as Indigenous | Mandatory | 97-106 |
17AG(4)(c) | Part 6, 7 | Information on any enterprise agreements, individual flexibility arrangements, Australian Workplace Agreements, common law contracts and determinations under s 24(1) of the Public Service Act 1999 | Mandatory | 62, 106-107 |
17AG(4)(c)(i) | -Section 6 | Information on the number of SES and non-SES employees covered by agreements identified in paragraph 17AG(4)(c) | Mandatory | 106 |
17AG(4)(c)(ii) | -Section 7 | The salary ranges available for APS employees by classification level | Mandatory | 107 |
17AG(4)(c)(iii) | -Section 6 | A description of non-salary benefits provided to employees | Mandatory | 62, 94-95 |
17AG(4)(d)(i) | - | Information on the number of employees at each classification level who received performance pay | If applicable, Mandatory | Nil to report |
17AG(4)(d)(ii) | - | Information on aggregate amounts of performance pay at each classification level | If applicable, Mandatory | Nil to report |
17AG(4)(d)(iii) | - | Information on the average amount of performance payment, and range of such payments, at each classification level | If applicable, Mandatory | Nil to report |
17AG(4)(d)(iv) | - | Information on aggregate amount of performance payments | If applicable, Mandatory | Nil to report |
Assets management | Assets management | |||
17AG(5) | Part 6 | If applicable, Mandatory | 64 | |
Purchasing | Purchasing | |||
ps | Part 6 | Mandatory | 63 | |
Consultants | Consultants | |||
17AG(7)(a) | Part 6 | Mandatory | 64 | |
17AG(7)(b) | Part 6 | A statement that ‘During 2020–21, 7 new reportable consultancy contracts were entered into involving total actual expenditure of $285,210. In addition, 3 ongoing reportable consultancy contract were active during the period, involving total actual expenditure of $46,805’. | Mandatory | 64 |
17AG(7)(c) | Part 6 | A summary of the policies and procedures for selecting and engaging consultants and the main categories of purposes for which consultants were selected and engaged | Mandatory | 64 |
17AG(7)(d) | Part 6 | A statement that ‘Annual reports contain information about actual expenditure on contracts for consultancies. Information on the value of contracts and consultancies is available on the AusTender website’ | Mandatory | 64 |
Reportable non-consultancy contracts | ||||
17AG(7A)(a) | A summary statement detailing the number of new reportable non-consultancy contracts entered into during the period; the total actual expenditure on such contracts (inclusive of GST); the number of ongoing reportable non-consultancy contracts that were entered into during a previous reporting period; and the total actual expenditure in the reporting period on those ongoing contracts (inclusive of GST). | Mandatory | 65 | |
17AG(7A)(b) | A statement that “Annual reports contain information about actual expenditure on reportable non-consultancy contracts. Information on the value of reportable non-consultancy contracts is available on the AusTender website.” | Mandatory | 65 | |
17AD(daa) | Additional information about organisations receiving amounts under reportable consultancy contracts or reportable non-consultancy contracts | |||
17AGA | Additional information, in accordance with section 17AGA, about organisations receiving amounts under reportable consultancy contracts or reportable non-consultancy contracts. | Mandatory | 65 | |
Australian National Audit Office access clauses | Australian National Audit Office access clauses | |||
17AG(8) | - | If applicable, mandatory | NA | |
Exempt contracts | Exempt contracts | |||
17AG(9) | - | If applicable, mandatory | NA | |
Small business | Small business | |||
17AG(10)(a) | Part 6 | Mandatory | 63 | |
17AG(10)(b) | Part 6 | An outline of the ways in which the procurement practices of the entity support small and medium enterprises | Mandatory | 63 |
17AG(10)(c) | - | If the entity is considered by the Department administered by the Finance Minister as material in nature – a statement that ‘[Name of entity] recognises the importance of ensuring that small businesses are paid on time. The results of the Survey of Australian Government Payments to Small Business are available on the Treasury’s website’ | If applicable, mandatory | NA |
Financial statements | Financial statements | |||
17AD(e) | Part 7 | Mandatory | 69-92 | |
Executive remuneration | Executive remuneration | |||
17AD(da) | Part 7 | Mandatory | 95-96 | |
17AD(f) | Other mandatory information | Other mandatory information | ||
17AH(1)(a)(i) | - | If applicable, mandatory | NA | |
17AH(1)(a)(ii) | Part 6 | If the entity did conduct advertising campaigns, a statement to that effect | If applicable, mandatory | 65 |
17AH(1)(b) | - | A statement that ‘Information on grants awarded by [name of entity] during [reporting period] is available at [address of entity’s website]’ | If applicable, mandatory | NA |
17AH(1)(c) | Part 6 | Outline of mechanisms of disability reporting, including reference to website for further information | Mandatory | 66 |
17AH(1)(d) | Part 7 | Website reference to where the entity’s Information Publication Scheme statement pursuant to Part II of FOI Act can be found | Mandatory | 93 |
17AH(1)(e) | Part 7 | Correction of material errors in previous annual report | If applicable, mandatory | 112 |
17AH(2) | Part 3, 4, 6, 7 | Information required by other legislation | Mandatory | 36, 61 |
Index
A
abbreviations, 130–132
Aboriginal and Torres Strait Islander people, 10, 52, 62
abuse in Australian Defence Force, 9, 12, 26, 29, 43, 44–47
acceptance of gifts and hospitality, 58
accessibility of web content, 58
accountability see management and accountability
Accountable Authority, 15, 21, 71
review by, 9–11
Accountable Authority instructions, 59, 63
ACLEI (Australian Commission for Law Enforcement Integrity), oversight of, 10
ACT Aboriginal and Torres Strait Islander community, 10
ACT Legislative Assembly, 14
ACT Ombudsman, 11, 13, 14
ACT Ombudsman Annual Report 2020-21, 13
ACT Policing arm of the Australian Federal Police (AFP), 10
Adequacy of record keeping, case study, 40
ADF see Australian Defence Force (ADF)
advertising campaigns, 65
advice and recommendations, timeliness of, 28, 30
AFP see Australian Federal Police (AFP)
agencies
acceptance of recommendations, 10, 26, 29, 47
authorised officers for PID Scheme, 38
complaints about handling of PIDs, 39
not receiving PIDs, 119–121
outcomes and actions following PID investigations, 36, 122–127
oversight of, 12, 26
PID-related information and training for employees, 37, 42
reporting four or fewer PIDs, 117–119
and reprisal, 39
satisfaction with OCO, 10, 26–27, 29–30
service delivery agencies, 9, 37
see also complaints; Public Interest Disclosure (PID) Scheme
aid arrangements, 15, 24, 27, 30
Airservices Australia, disclosures assessed, 115
ANAO (Australian National Audit Office), 69–70
Andersen, Symone, 20
Anderson, Therese, 71
annual performance statement see performance report
anti-discrimination legislation, 61
APS Code of Conduct, 33, 36, 58, 59
APS Ethics Advisory Service, 58, 59
APS State of the Service reports, 66
APS Statistical Bulletin, 66
APS Values, 58, 59
APS website, disability reporting on, 66
asset management, 65
assets, financial reporting, 31–32
assistive technology for people with disability, 10
Attorney-General, 4
Attorney-General, Assistant Minister to, 4
Attorney-General’s Department
consultation with relating to PID Act reform, 42
Audit and Risk Committee, 55–57
Audit and Risk Committee charter, 56
Auditor's Report, ANAO, 69–70
AusTender website, 63, 64, 65
Australia Post
complaints about, 9, 12, 47, 113
disclosures assessed, 113
Australian Aid arrangements, 15, 24, 27, 30
Australian Commission for Law Enforcement Integrity (ACLEI), oversight of, 10
Australian Defence Force (ADF)
abuse in, 9, 12, 26, 29, 43, 44–47
behavioural training, 10
complaints by members of, 12
legislation, 36
reparation payments, 9, 26, 29, 46, 65
Australian Federal Police (AFP)
ACT Policing arm of, 10
engagement with ACT Aboriginal and Torres Strait Islander community, 10
oversight of, 10
Australian Information Commissioner, 59–60
Australian National Audit Office (ANAO), 69–70
Australian Postal Corporation see Australia Post
Australian Public Service see APS
Australian Skills Quality Authority (ASQA), 50, 53
Australian Taxation Office, 12, 53
disclosures assessed, 114
Australian Workplace Agreements, 62
authorised officers for PID Scheme, 38
B
Bongi, Alfred, 56
breaches of privacy, complaints about, 60
breaches of the code of conduct, 59
bullying and harassment in the workplace, 58
business planning process, 58
business resilience, 58
C
capacity building programs, 15, 27
case studies, 40
Cash, Hon. Michaelia, 4
Cheque-Mates, 47
Chief Financial Officer, 71
Chief Operating Officer, 15, 17
classification levels, staff, 99–104
Code of Conduct, 33, 36, 58, 59
Code of Practice, VET Student Loans, 53
Collett, Lisa, 17
Comcare, disclosures assessed, 117
Comcover Risk Management Benchmarking Survey, 58
committee structure, OCO, 55–58
common law contracts, 62
Commonwealth Contracting Suite, 63
Commonwealth Fraud Control Framework 2017, 59
Commonwealth Ombudsman, 15, 16
as ACT Ombudsman, 11, 13, 14
making a complaint to, 6
review by, 9–11
role as NPM Coordinator, 11
specific functions and powers, 12–13, 43–54
see also Office of the Commonwealth Ombudsman
Commonwealth Ombudsman, Acting, 4, 11, 21
Commonwealth Performance Framework, 55
Commonwealth Procurement Rules, 63, 64
Commonwealth service delivery agencies, 9, 37
Communication of PID threshold, case study, 40
complaint handling service, quality of, 14, 25
complaint handling systems, improvement of, 14
complaints
about Australia Post and private postal operators, 9, 12, 47, 113
about breaches of privacy, 60
about Defence agencies, 12, 43–44
about Department of Home Affairs, 9
about Department of Veterans' Affairs, 43, 44
about education providers, 9, 12, 13, 47–50, 51–54
about handling of PIDs, 39
about industry jurisdictions, 9, 14
about National Disability Insurance Agency, 9
about private health insurance, 9, 13, 50–51
about public service, 9
about Services Australia, 9
about VET sector, 9, 13, 49–50, 51–53
by international students, 13, 47–50
by members of ADF, 12
education sectors represented in, 49–50
effect of COVID on resolution of, 24
IGIS investigations and complaints, 41–42
making a complaint to Commonwealth Ombudsman, 6
management of, 12, 25, 28–29
volumes of, 9
compliance index, 135–144
compliance reporting, 65
conflict of interest, 59
consultancy services, 63–65
consumer information, 14
contact details for annual report, 3, 6
contacts, external, 9, 67–68
contracts, 64–65
corporate governance, 55–58
practices, 58––59
Corporate Plan 2020-21, 22, 24, 55, 61
corrections to 2019-20 Annual Report, 112
corruption see fraud control
corruption bodies, 10
Cotterill, Emma, 19
court and tribunal decisions, 59
covert and intrusive powers, 9–10, 12
COVID pandemic
effect on OCO performance, 24
impact on Australian Aid arrangements, 30
impact on industry stakeholder engagement, 50
impact on international students, 48–50
impact on postal services, 47
impact on Restorative Engagement Conferences, 46–47
impact on the work of the Office, 9, 24, 61–62
International Ombudsman Institute conference held virtually, 10
PID forums held virtually, 42
virtual delivery of training courses, 27, 42, 61
customer satisfaction surveys, 10, 25, 26–27, 29–30
D
D and D Mailing Services, 47
debts
inappropriate debts raised by VET providers, 9, 51
Services Australia remediation of, 10
Defence agencies see Department of Defence
Defence Force Ombudsman (DFO), 12
Abuse in Defence reporting function, 44–46
complaints function, 43
complaints overview, 43–44
Defence inquiries and reports, 46, 47
reparation payments, 9, 26, 29, 46, 65
Restorative Engagement Program, 46–47
Defence Force Retirement and Death Benefits Scheme (DFRDB), 10
Defence Housing Australia (DHA), complaints about, 43
Department of Agriculture, Water and the Environment
disclosures assessed, 115
Department of Defence
abuse in, 9, 12, 26, 29, 43, 44–47
disclosures assessed, 113
reparation payments, 9, 26, 29, 46, 65
see also Australian Defence Force (ADF); Defence Force Ombudsman (DFO)
Department of Education, Skills and Employment (DESE)
disclosures assessed, 116
and outreach activities, 52
stakeholder engagement, 50, 53
VET FEE-HELP re-credits, 29, 52
Department of Finance
and small business participation statistics, 63
Department of Foreign Affairs and Trade
and Australian Aid arrangements, 27
Department of Health
disclosures assessed, 114
Department of Home Affairs
complaints about, 9
disclosures assessed, 117
stakeholder engagement, 50
Department of Industry, Science, Energy and Resources
disclosures assessed, 116
Department of Social Services
disability reports on website of, 66
Department of Veterans' Affairs (DVA), complaints about, 43, 44
Deputy Ombudsman, 15, 17
detention facilities, immigration
conditions and management of, 10
independent oversight of, 10–11, 12
DFO (Defence Force Ombudsman) see Defence Force Ombudsman (DFO)
DFRDB (Defence Force Retirement and Death Benefits Scheme), 10
disability, people with, 10, 62, 66
disability reporting, 66
Disability Strategy, 66
disclosable conduct, definition of, 33
see also Public Interest Disclosure (PID) Scheme
disclosers and disclosures see Public Interest Disclosure (PID) Scheme
discrimination, bullying and harassment in the workplace, 58
diversity and inclusion in the workforce, 62
Diversity and Inclusion Strategy, 62
E
ecologically sustainable development, 111
education services providers, 9, 12, 13, 47–50, 51–54
educational events, feedback, 27
electronic surveillance arrangements, 11
Emergency Contact Officers, 62
Employee Performance Development Agreements, 59
employees see staff
employment arrangements, 62, 94–95, 106–107
Employment Principles, 59
energy consumption, office, 111
enquiries about annual report, 3, 6
enterprise agreement 2017-20, 62, 94–95, 106–107
entity resources statement, 109–110
Environment Protection and Biodiversity Act 1999, 111
environmental performance, 111
ethical standards, 58–59
Ethics Advisory Service (APS), 58, 59
evidence of an offence, 36
executive and senior management structure, 15–20, 55
remuneration for senior executives, 95–96
term for senior executives, 94
exempt contracts, 65
expenses, financial reporting, 31
external contacts, 67–68
external scrutiny, 59––60
F
FedEx Australia, 47
Financial Counselling Australia National Conference 2021, 52
financial report, 31–32, 109–110
financial statements, 69–92
auditor's report, 69–70
Fintan, David, 18
flexibility arrangements, 62, 94–95
FOI decisions made by Ombudsman, reviews of, 60
Fraud and Corruption Control Plan 2020-22, 59
fraud control, 59
fraud matters investigated, 36, 59
Freedom of Information Act 1982, 59, 93
full-time employees, 103
G
gender of staff, 97–102
gifts and hospitality, acceptance of, 58
glossary, 128–129
governance see corporate governance
government agencies see agencies
government entities, integrity of, 14
grant programs, 63
guide to annual report, 5
H
harassment and bullying in the workplace, 58
health insurers, private, 12
human resources management, 61–63, 94–108
diversity and inclusion, 62
employment arrangements, 62, 94–95, 106–107
our people, 61
remuneration policy and practices, 94–95
work health and safety, 61–62
workforce profile, 63, 97–108
see also staff
I
IGIS (Inspector-General of Intelligence and Security), 33
IGIS investigations and complaints, 41–42
immigration detention facilities, 10–11, 12
inclusion and diversity in the workforce, 62
income, financial reporting, 31
income support debts, 10
Independent Auditor's Report, 69–70
Independent Tertiary Education Council Australia (ITECA), 53
Indigenous businesses, 63
Indigenous employment, 106
Indonesia, collaboration with, 14
Induction Handbook for new starters, 59
industry jurisdictions
complaints about, 9, 14
public awareness of OCO role in, 26
stakeholder engagement, 50
Information and Technology Governance Committee (ITGC), 57
Information Publication Scheme (IPS), 93
inquiries
Defence inquiries and reports, 46, 47
Parliamentary Committees and inquiries, 10, 28
Inspector-General of Intelligence and Security Act 1986, 41
Inspector-General of Intelligence and Security (IGIS), 33
disclosures assessed by Office of the IGIS, 115
integrity
of the Commonwealth public sector, 33
of government entities and prescribed private sector organisations, 14
intelligence agencies, 12, 33, 41–42
International Ombudsman Institute conference, 10
international partners, 15, 24, 27, 30
International students see Overseas Students Ombudsman (OSO)
intrusive and covert powers, 9–10, 12
investigations under PID Scheme, 34–37, 41–42
ISANA International Education Association, 50
J
judicial decisions, 59
K
key performance indicators see performance report
L
Laurie, William, 56
law, contravention of, 33
law enforcement oversight and reforms, 9–11
Learning and Development Strategy 2021-23, 61
Learning Management System (Learnhub)., 61
letter of transmittal, 4
liabilities, financial reporting, 32
list of requirements, 135–144
location of employees, 105
M
Macleod, Louise, 19–20
management and accountability, 55–66
Manthorpe, Michael, 11, 15, 16
McKay, Penny, 4, 11, 17, 21, 57, 71
Minister for Energy and Emissions Reduction
allegations relating to, 10
Moss Review, Government Response to, 42
N
NAIDOC week, 62
National Disability Insurance Agency
complaints about, 9
National Disability Insurance Scheme
requests for assistive technology by participants in, 10
National Disability Strategy 2010-2020, 66
National Museum of Australia, disclosures assessed, 117
National Offshore Petroleum Safety and Environmental Management Authority, disclosures assessed, 116
National Preventive Mechanisms (NPMs), 10–11, 12
NBN Co, disclosures assessed, 114
New Zealand Information Commissioner, 10
New Zealand Ombudsman, 10
non-compliance with finance law, 65
non-corporate government entity, 12
non-ongoing employees, 97, 98, 100, 102
non-salary benefits, 62, 94–95
non-Senior Executive Staff (SES) employees
employment arrangements, 62, 94
notifiable incidents, 62
NPM Coordinator, 11, 12
NPMs (National Preventive Mechanisms), 10–11, 12
O
objectives, performance framework, 14–15, 22–23
OCO see Office of the Commonwealth Ombudsman
Office of the Australian Information Commissioner, 59–60
Office of the Commonwealth Ombudsman
Accountable Authority, 15, 21, 71
corporate governance, 55–59
disclosures assessed, 113–114
financial report, 31–32
organisational structure, 15–20
outcome, 14–15, 22–23, 110
overview of, 12–20
purpose, 12, 14–15, 23, 24
responsiveness to the public, 25
roles and functions, 12–14
see also performance report
Office of the Inspector-General of Intelligence and Security
disclosures assessed, 115
Ombudsman see ACT Ombudsman; Commonwealth Ombudsman
Ombudsman Act 1976, 12
annual reporting requirements under the Act, 43
Ombudsman Regulations 2017, 46
Ombudsman Western Australia (WA), 52
ongoing employees, 97, 98, 99, 101
OPCAT (Optional Protocol to the Convention Against Torture and other cruel, inhuman or degrading treatment or punishment), 10–11, 12
organisational structure, 15–20
outcome, 14–15, 22–23, 110
outreach activities, VET FEE-HELP, 52
Overseas Students Ombudsman (OSO), 13
complaint function, 47–48
complaint overview, 48–50
reports to the regulators, 50
stakeholder engagement, 50
oversight activities, 9–11, 12, 26
own motion investigations, 9–10, 55
P
Pacific Region, collaboration with, 14
paper use reduction, office, 111
parliament, confidence of, 14, 28
Parliamentary Committees and inquiries, 10, 28
part-time employees, 103, 104
people with disability, 10, 62, 66
performance pay, 62, 108
performance report, 21–32
analysis against Portfolio Budget Statement Outcome, 22–23
criteria, 14–15, 22–23, 24
financial report, 31
objectives, 14–15, 22–23
results, 24, 25–31
statement of preparation, 21
targets and measures, 15, 22–23, 24
PGPA Rule s17 (Audit Committee for Commonwealth entities), 55
PID Scheme see Public Interest Disclosure (PID) Scheme
police, referrals to, 36, 39
Portfolio Budget Statements 2020-21, 22, 24
Postal Industry Ombudsman (PIO), 12, 47
postal operators, private, 12, 47
prescribed private sector organisations, 12, 14
Privacy Act 1988, 60
Privacy Commissioner, 60
Private Health Insurance Ombudsman (PHIO), 13
complaints about private health insurance, 9, 13, 50–51
private health insurers, 12
private health website, 25
private postal operators, 12, 47
private sector organisations, 12, 14
procurement, 63
Protective Security Governance Committee, 57
providers of education services, 9, 12, 13, 47–50, 51–54
public administration
improvement of, 14, 25, 26
public awareness of OCO role in, 26
systemic issues in, 10
public contacts, 67–68
Public Governance, Performance and Accountability Act 2013, 4, 21, 36, 42, 55
Public Governance, Performance and Accountability Rule 2014, 4
Public Interest Disclosure Act 2013, 33, 113
Public Interest Disclosure (PID) Scheme
agencies not receiving PIDs, 119–121
authorised officers, 38
awareness raising and training, 37
case studies, 40
complaints, 39
e-learning module, 42
elements of the scheme, 33–35
IGIS investigations and complaints, 41–42
investigation outcomes, 34–37
number of disclosures, 113–119
Ombudsman investigations, 41, 122–127
oversight of, 12
protections under, 33
reprisal, 39
timeliness of investigations, 38–39
users of, 37
public reports, 14, 28, 29, 30
Public Service Act 1999, 15, 36, 42, 62, 94
public service complaints, 9
publications see websites
purchasing, 63
purpose statement, 12, 14, 23
R
reader's guide to annual report, 5
recommendations to agencies and organisations
acceptance of, 10, 26, 29, 47
actions taken in response to, 122–127
timeliness of, 28, 30
recruitment initiatives, 62
referrals for further investigation, 36, 37
remediation of debts by Services Australia, 10
remuneration
policy and practices, 94–95
salary range by classification, 107
senior Executive Service (SES) staff, 94
senior executives, 95–96
Remuneration Tribunal, 94
Remuneration Tribunal Act 1973, 94
reparation payments, 9, 26, 29, 46, 65
reports, public, 14, 28, 29, 30
reprisal, 39
resources statement, 109–110
Restorative Engagement Conference., 46–47
Restorative Engagement Program, 46–47
review by Ombudsman, 9–11
reviews of FOI decisions made by Ombudsman, 60
Richardson Review of the National Intelligence Community, 11
risk management, 58
Risk Management Policy and Framework (RMPF), 58
roles and functions, 12–14
S
s 24(1) of the Public Service Act 1999, 62, 94
Safety Rehabilitation and Compensation Act 1988, 61
salary range by classification, 107
satisfaction surveys, 10, 25, 26–27, 29–30
scrutiny, external, 59––60
Senate Defence, Foreign Affairs and Trade Committee
administration of DFRDB Scheme, 10
Senior Assistant Ombudsman employees, 15, 18, 19, 20
Senior Executive Service (SES) staff, 15, 94
Senior Executives see executive and senior management structure
Senior Leadership Group (SLG), 15–20, 55
see also executive and senior management structure
service delivery agencies, 9, 37
Services Australia
complaints about, 9
disclosures assessed, 116
remediation of debts by, 10
stakeholder engagement, 53
sexual assault see abuse in Australian Defence Force
SIA (Secretary Initiated Action), DESE, 29, 52
small business participation in procurement, 63
staff
diversity and inclusion, 62
employment arrangements, 62, 94–95, 106–107
fraud training, 59
learning and development initiatives, 61
mental health and wellbeing of, 29, 61
non-salary benefits, 62, 94–95
profile, 63, 97–108
remuneration, 94–95
salary range by classification, 107
stakeholder engagement, 50, 53
StarTrack, 47
State, Territory and New Zealand Information Commissioners, 10
State, Territory and New Zealand Ombudsmen institutions, 10
State of the Service reports (APS), 66
Statement by the Accountable Authority and Chief Financial Officer, 71
Statistical Bulletin (APS), 66
statutory exclusions to jurisdiction, 12
statutory officers, 15
Stoker, Hon. Amanda, 4
Stone, Joanna, 57
Strategic Policy Board (SPB), 55
Strategic Workforce Plan, 61
student loans see VET Student Loans Ombudsman
Student Redress Measures, VET FEE-HELP, 51–52
students
affected by COVID pandemic, 48–50
Code of Practice, student loans, 53
debts, 9, 51
see also complaints; Overseas Students Ombudsman (OSO); VET FEE-HELP; VET Student Loans Ombudsman (VSLO)
Supply Nation website, 63
surveys, customer satisfaction, 10, 25, 26–27, 29–30
systemic issues in public administration, 10
T
TAFE Directors Australia, 53
targets and measures, performance, 15, 22–23, 24
Taylor, Hon. Angus
allegations relating to, 10
Taylor, Julia, 18
telecommunications data, access to, 9–10
timeliness
of advice and recommendations, 28, 30
of investigations under PID Scheme, 38–39
training
ADF behavioural training, 10
fraud training for staff, 59
PID-related information and training for agencies, 37, 42
virtual delivery of training courses, 27, 42, 61
tribunal decisions, 59
Tuition Protection Service, 50
U
‘unreasonable conduct’, 28–29
users of PID Scheme, 37
V
Values (APS), 58, 59
VET FEE-HELP
complaints about, 9, 53
outreach activities, 52
re-credits, 29, 51, 52
student redress measures, 51–52
VET providers, 9, 51
see also education services providers
VET Student Loans Ombudsman (VSLO), 13, 51–54
complaint function, 51
stakeholder engagement, 53
Student Loans Code of Practice, 53
VET Student Loans program, 53
VET (Vocational Education and Training) sector
complaints about, 9, 13, 49–50, 51–53
Vonthethoff, Rebecca, 19
W
waste management, office, 111
websites
accessibility of web content, 58
AusTender, 63, 65
Australian Public Service Commission, 66
Department of Finance, 63
Department of Social Services, 66
OCO advertising campaign, 65
OCO Audit and Risk Committee charter, 56
OCO Information Publication Scheme, 93
OCO published reports, 14, 28, 29, 48, 50, 54
OCO website, 6, 26, 58
privatehealth.gov.au, 13, 25
Supply Nation, 63
whistle-blowers, 33
Work Health and Safety Act 2011, 57, 61
Work Health and Safety Committee (WHSC), 57
workforce diversity and inclusion, 62
workforce employment arrangements, 62, 94–95, 106–107
workforce profile, 63
workplace discrimination, bullying and harassment, 58
workplace health and safety, 61–62
Workplace Health and Safety legislation, 36, 61
Workplace Relations Committee (WRC), 57
wrong doing in the Commonwealth public sector, 33
Y
year ahead, 10–11, 30