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      References

      References

      ABBREVIATIONS AND ACRONYMS

      ACAT ACT Civil and Administrative Tribunal
      ACLEI Australian Commission for Law Enforcement Integrity
      ACT Australian Capital Territory
      ACTORS ACT Office of Regulatory Services
      ACTPLA ACT Planning and Land Authority
      AFP Australian Federal Police
      AMC Alexander Maconochie Centre
      CMD Chief Minister and Cabinet Directorate
      CMT Complaint Management Team
      CSD Community Services Directorate
      Cth Commonwealth
      DAS Domestic Animal Services
      DHA Defence Housing Australia
      DPP Director of Public Prosecutions
      DVO Domestic Violence Order
      EDD Economic Development Directorate
      EPA Environmental Protection Authority
      ESDD Environment and Sustainable Development Directorate
      ETD Education and Training Directorate
      FOI Freedom of Information
      GST Goods and Services Tax
      HRC Human Rights Commission
      JACS Justice and Community Safety Directorate
      NI Notifiable Instrument
      PID Public Interest Disclosure
      PRS AFP Professional Standards
      TAMS Territory and Municipal Services Directorate
      UoF Use of Force

      COMPLIANCE INDEX

      TRANSMITTAL  CERTIFICATE VV

      SECTION A: PERFORMANCE  AND FINANCIAL MANAGEMENT REPORTING      		1
      A.1 The Organisation 2
      A.2 Overview 3
      A.3 Highlights 6
      A.4 Outlook 6
      A.5 Management discussion and analysis N/A
      A.6 Financial report N/A
      A.7 Statement of performance N/A
      A.8 Strategic indicators N/A
      A.9 Analysis of agency performance 11
      A.10 Triple bottom line report N/A

      SECTION B:  CONSULTATION AND SCRUTINY REPORTING      		43
      B.1 Community engagement 44
      B.2 Internal and external security N/A
      B.3 Legislative Assembly Committee inquiries and reports 44
      B.4 Legislation report 44

      SECTION C: LEGISLATIVE AND POLICY-BASED REPORTING      		47
      C.1 Risk management and internal audit N/A
      C.2 Fraud prevention N/A
      C.3 Public interest disclosure 48
      C.4 Freedom of information 48
      C.5 Internal accountability N/A
      C.6 Human resource performance N/A
      C.7 Staffing profile N/A
      C.8 Learning and development N/A
      C.9 Workplace health and safety N/A
      C.10 Workplace relations N/A
      C.11 Human Rights Act 2004 N/A
      C.12 Strategic Bushfire Management Plan N/A
      C.13 Strategic asset management N/A
      C.14 Capital works N/A
      C.15 Government contracting N/A
      C.16 Community grants/assistance/scholarship 48
      C.17 Territory records 49
      C.18 Commissioner for the Environment N/A
      C.19 Ecologically sustainable development N/A
      C.20 Climate change and greenhouse gas reduction policies and programs N/A
      C.21 Aboriginal and Torres Strait Islander reporting 49
      C.22 ACT Multicultural Strategy 2010–13 49
      C.23 ACT Strategic Plan for Positive Ageing 2010–14 N/A
      C.24 ACT Women’s Plan 2010–15 N/A
      C.25 Model Litigant Guidelines N/A
      C.26 Notices of noncompliance N/A

      LIST OF FIGURES AND TABLES

      Figures

      Figure 1 Approaches and complaints received about ACT government agencies (excluding ACT Policing), 2002–03 to 2011–12
      Figure 2 Spread of approaches and complaints received about ACT Government directorates and ACT Policing 2011–12
      Figure 3 Time taken to finalise approaches and complaints about ACT Government agencies and ACT Policing 2011–12
      Figure 4 AFP complaints received, investigated and finalised 2007–08 to 2011–12

      Tables

      Table 1 Approaches and complaints, by method received2 about ACT Government directorates and ACT Policing 2011–12
      Table 2 Summary of achievements against performance indicators 2010–11 and 2011–12
      Table 3 Remedies provided in finalised complaints about ACT Government directorates and ACT Policing 2011–12
      Table 4 Approaches and complaints received about the Chief Minister and Cabinet Directorate 2011–12
      Table 5 Approaches and complaints received about the Health Directorate 2011–12
      Table 6 Approaches and complaints received about TAMS 2011–12
      Table 7 Remedies for investigated complaints about TAMS 2011–12
      Table 8 Approaches and complaints received about the Treasury 2011–12
      Table 9 Approaches and complaints received about the Economic Development Directorate 2011–12
      Table 10 Approaches and complaints received about the JACS Directorate 2011–12
      Table 11 Remedies for investigated complaints about the JACS Directorate 2011–12
      Table 12 Approaches and complaints received about the Community Services Directorate 2011–12
      Table 13 Remedies for investigated complaints about the Community Services Directorate 2011–12
      Table 14 Approaches and complaints received about the Education and Training Directorate 2011–12
      Table 15 Approaches and complaints received about ACT Policing 2011–12
      Table 16 Remedies for investigated complaints about ACT Policing 2011–12
      Table A1 Approaches and complaints received and finalised about ACT government agencies and ACT Policing, 2011–12 (including freedom of information)
      Table A2 Report omissions and reasons for non-compliance

      INDEX

      A

      • Aboriginal and Torres Strait Islander Justice Agreement, 49
      • Aboriginal and Torres Strait Islander Justice Implementation Plan, 1
      • ACT Attorney-General, 20
      • ACT Auditor-General, 44
      • ACT Chief Minister and Cabinet Directorate, 5, 11–12
        • complaints and investigations, 12, 53
        • liaison, ix
        • role, 11–12
      • ACT Civil and Administrative Tribunal (ACAT), 20, 21, 25, 26, 30, 48
        • complaints, 21, 55
      • ACT Corrective Services
        • case study, 22
        • complaints, 3, 21, 54
        • issues in complaints, 21
        • remedies, 54
        • staff induction, 10
      • ACT Director of Public Prosecutions (DPP), 20, 23
        • complaints, 21, 55
      • ACT Gambling and Racing Commission, 19, 53
      • ACT Government agencies
        • complaints
          • finalised, 3, 7, 53–5
          • received, 3, 4, 7, 53–5
          • spread, 4
          • statistics, 53–5
          • time taken to finalise, 7, 8
        • contact officers, 10
        • investigations, 9, 53–5
        • liaison with, 11
        • requests for review of Ombudsman decisions, 10
        • see also name of agency; name of directorate
      • ACT Government directorates, 11–33
        • cross–directorate issues, 10
        • see also name of directorate
      • ACT Government Solicitor, 21, 55
      • ACT Human Rights Commission, 13, 28, 33
        • complaints, 21, 55
      • ACT Legislative Assembly, 5, 19, 44, 53
        • Administration and Procedure Standing Committee, 44
        • committee inquiries and reports, 44
        • Standing Committee on Health, Community and Social Services, 32
        • Standing Committee on Justice and Community Safety, 44
      • ACT Magistrates Court, 21, 55
      • ACT Multicultural Strategy 2010–13, 49
      • ACT Office of Fair Trading, 27
      • ACT Office of Regulatory Services, 20, 21, 54
      • ACT Ombudsman
        • appointment of new, ix
        • foreword, viii–ix
        • reporting functions, 12
        • role, 2
      • ACT Ombudsman’s office contact details, iv
        • Executive Team, 2
        • functions, 2
        • key values, 2
        • law enforcement responsibility, 3
        • operational matters responsibility, 3
        • organisational restructure, 3, 6
        • records management, 49
      • ACT Planning and Land Authority (ACTPLA), former, 25, 26, 27
      • ACT Policing, 34–9
        • Chief Police Officer, 2, 37, 45
        • complaints, 34, 35
          • case studies, 36–7, 38
          • finalised, 3, 7, 35, 55
          • investigations, 35, 55
          • issues, 34, 37
          • received, 3, 7, 55
          • remedies, 37–8, 55
          • time taken to finalise, 7, 8
        • conduct issues, 39
        • safety training, 40
        • tasers, ix, 6
        • see also Australian Federal Police
      • ACT Self-Government (Consequential Provisions) Act 1988 (Cth), 2
        • ongoing review, 44
      • ACT TAB, 19, 53
      • ACTEW, 25
      • ActewAGL, 16, 54
      • ACTION, 13, 14, 55
      • Administrative Arrangements 2011 (No 3), 11, 12
      • administrative deficiency, 9
      • Alexander Maconochie Centre (AMC), 11
        • case study, 22
        • complaints issues, 21
        • Executive Director, 24
      • annual report omissions, 56–7
      • approaches and complaints
        • see complaints, approaches and
      • Assessment of a Priority Housing Application report, 31
      • Australian Commission for Law Enforcement Integrity (ACLEI), 35
      • Australian Federal Police (AFP), 30
        • ACT Policing agreement, 34, 44
        • Assistant Commissioner, 44
        • Categories of Conduct, 40
        • Commissioner, 40, 45
        • complaint management, 37, 39, 44–5
        • conflict of interest, 36, 37
        • critical incidents, 39–40
        • Professional Standards, 36, 38, 40
        • records inspections, 2, 39
        • serious conduct issues, 34, 45
        • use of force, ix, 40
        • tasers, ix, 6, 40
        • see also ACT Policing
      • Australian Federal Police Act 1979 (Cth), 2, 34, 39, 40, 44
      • Australian National University, 40

      B

      • Better Practice Guide to Complaint Handling, 10
      • Better Practice Guide to Managing Unreasonable Complainant Conduct, 10

      C

      • Canberra Connect, 13, 16–17
      • Canberra Hospital, 39
      • Canberra Institute of Technology, 32, 33, 54
      • Canberra Institute of Technology Act 1987, 32
      • Canberra Nature Park, 13
      • case studies, 15, 16, 17, 22, 23, 24, 26, 27, 29, 36–7, 38
      • Centenary of Canberra, 11
      • Child Sex Offenders Register, 2, 45
      • Christmas Island, 40
      • Collecting, Analysing and Reporting on Complaint Data, workshop, 10, 44
      • Commissioner for the Environment, 25
      • Commonwealth Ombudsman, 2, 10
        • annual report, 6, 39, 44
      • communication with clients
        • ACT Policing, 40
        • better explanations, 8, 14, 15, 22, 23, 25, 33, 38
        • keeping informed of developments, 26
        • plain language, 9, 25, 26
        • up to date information, 17
        • written explanations for delays, 10, 16
      • community engagement, 10, 40, 44
        • events, 44
      • community forum on complaints and service delivery, 6
      • community grants/assistance/sponsorship, 48
      • Community Services Directorate, viii, 27–3
        • complaints, 28–31, 53
        • investigations, 28
        • issues in complaints, 28
        • remedies, 29, 53
        • role, 27
      • complainants, 9, 10, 18, 19, 31, 35, 39, 40, 45
        • unreasonable, 10
        • see also case studies;
        • communication with clients;
        • Housing ACT, antisocial neighbours
      • complaints, approaches and
        • complex/multiple, 9
        • finalised, 3, 7, 13
        • issues, 21, 25, 28, 36
        • method, 5
        • outside Ombudsman’s jurisdiction, 13, 20, 25, 28, 33?, 34
        • received, viii, 3, 4, 7, 13
        • spread, 4
        • summary, 3–5
        • statistics, 52–5
        • time taken to finalise, 7, 8
      • Conservator of Flora and Fauna, 25
      • contact details, iv
      • controlled operations, 45
      • Council of Australian Governments, 11
      • Crimes (Assumed Identities) Act 2009 (ACT), 45
      • Crimes (Child Sex Offenders) Act 2005 (ACT), viii, 2, 45
      • Crimes (Child Sex  Offenders) Amendment Bill 2012, viii
      • Crimes (Controlled  Operations) Act 2008 (ACT), 2, 45
      • Crimes (Surveillance  Devices) Act 2010 (ACT), 2

      D

      • debt waiver, 18
      • Defence Housing  Australia (DHA), 38
      • Department of  Environment, Climate Change, Energy and Water, former, 25
      • Department of Land and  Property Services, 53
      • Domestic Animal  Services (DAS), 17
      • Domestic Animal  Services Shelter, 15
      • domestic violence  order (DVO), 38

      E

      • Economic Development  Electorate, 19
        • complaints, 19, 53
        • investigations, 19
        • remedies, 53
        • role, 19
      • Education and Training  Directorate, 32–3
        • complaints, 33, 54
        • investigations, 33
        • remedies, 54
        • role, 32
      • Environment ACT, 54
      • Environment and  Sustainable Development Directorate
        • case studies, 26, 27
        • complaints, 25–7, 54
        • investigations, 25
        • issues in complaints,  25
        • remedies, 54
        • role, 25
      • Environmental  Protection Authority (EPA), 30
      • Exhibition Park, 19

      F

      • finance
        • funding by ACT Government, 3, 7
      • financial assistance, victims of crime,
        • delays in finalising applications, viii, 20
        • report, 5, 6, 9
      • forums
      • AFP/Ombudsman, 40
        • community, 6
        • Freedom of Information Act 1989 (ACT), 2, 48
      • freedom of information, 13
        • complaints about actions of agencies, 48
        • requests to the Ombudsman, 48

      G

      • Government Architect, 25

      H

      • Health Directorate, 13
        • complaints, 13, 54
        • integrity of emergency department data, 13
        • investigations, 13, 54
        • remedies, 54
        • role, 13
      • highlights, 6
      • Housing ACT, viii, 28, 29–31
        • antisocial neighbours, 29–31, 31
        • case study, 29
        • complaints, 3, 28, 53
        • complainants, 29, 31
        • Gateway Services shopfront, 31
        • investigations, 53
        • issues in complaints, 28–9
        • liaison meetings, 31–2
        • Notice to Remedy, 31
        • remedies, 53
        • see also Provision of Social Housing in the ACT

      I

      • Institute of Public Administration, 44
      • interpreting services, 49
      • investigations, 9, 13, 25, 48, 53–5
        • major, 5
        • number concluded, 9
        • reasons for investigation, 9
        • reasons for no investigation, 35
        • recommendations following, 9–10, 16, 20, 27, 31

      J

      • Justice and Community Safety Directorate, viii, 20–4
        • case studies, 22, 23, 24
        • complaints, 20–4, 54
        • investigations, 20, 21
        • remedies, 22, 54
        • role, 20

      L

      • Law Enforcement Ombudsman, 34, 40, 44, 45
      • Legal Aid Commission for the ACT, 21, 54
      • Legal Workshop, 40
      • legislation report, 44–5
      • liaison, 11
        • Alexander Maconochie Centre, 24
        • Chief Minister and Cabinet Directorate, ix
        • Housing ACT, 31–2
        • JACS Directorate, 24
        • and training, 10–11

      M

      • MyWay electronic card system, 14

      N

      • Namadgi National Park, 13

      O

      • Office for Children, Youth and Family Support, 28
        • complaints, 53
        • remedies, 53
      • Office of the Public Advocate of the ACT, 21, 55
      • Officer of the Parliament, submission to Legislative Assembly, 5
      • older people, 13, 24, 27
      • Ombudsman Act 1976 (Cth), 2, 34
      • Ombudsman Act 1989 (ACT), viii, 2, 7, 9, 13, 20, 25, 28, 45, 48
      • outcomes, 5
      • outlook, 6
      • outreach activities, 10, 40, 44
      • Oversight Agencies Working Group meetings, 11

      P

      • performance indicators, 7
      • performance report, 2–41
        • highlights, 6
        • outlook, 6
        • summary, 7–10
      • planning, organisational, 5–6
      • Provision of Social Housing in the ACT, submission to Legislative Assembly, 5
      • public administration improvements, viii
      • public awareness, 6, 10
      • public housing, inquiry into, 32
        • see also Housing ACT
      • Public Interest Disclosure Act 1994 (ACT), 2
      • Public Interest Disclosure Bill 2011, submission to the ACT Chief Minister and Cabinet Directorate, 5
      • public interest disclosures (PID), 48
        • investigations, 48
      • Public Trustee for the ACT, 20, 24
        • complaints, 21, 54

      R

      • Records Disposal Schedule Territory Records, 49
      • remedies, finalised complaints, 8, 14, 15, 22, 29, 37–8, 53–5
      • reports published, viii, 5, 6, 20, 31, 39
      • reviews of AFP complaint handling, 39, 45
      • reviews of Ombudsman decisions, 10, 45

      S

      • services agreement with ACT Government, 2–3, 6, 12
        • payment, 7
      • Side by Side, 44
      • Society of Consumer Affairs Professionals, 10, 44
      • sponsorship, 48
      • Sports Alive, 19
      • stakeholders, 2
        • engagement, 40
      • strategic plan, 5–6
      • submissions
        • exposure draft of the Public Interest Disclosure Bill 2011, 5
        • inquiry into public housing in the ACT, 32
        • proposed Officer of the Parliament, 12
        • Working with Vulnerable People (Background Checking) Act 2010, 5
      • Supreme Court of the ACT, 21, 55

      T

      • tasers, ix, 6, 40
      • Territory and Municipal Services Directorate, 13
        • complaints and investigations, 14, 55
        • case studies, 15, 16
        • complaints and investigations, 14–17, 55
        • remedies, 14, 15, 55
        • role, 13–14
      • Territory records, 49
      • Territory Records Act 2002 (ACT), 49
      • third-party service providers, 10
      • Tidbinbilla Nature Reserve, 13
      • training, 10–11
        • ACT Corrective Services, 10
        • ACT Government agencies, 10, 11
        • ACT Legislative Assembly staff, 10
        • ACT Ombudsman staff, 49
        • ACT Policing, 40
      • complaint management, 11
      • transmittal letter, v
      • Treasury Directorate, 18–19
        • case study, 19
        • complaints and investigations, 18–19, 55
        • investigations, 18
        • role, 18

      U

      • University of Canberra, 32, 33, 54
      • University of Canberra Act 1989, 32

      V

      • Victims of Crime (Financial Assistance) Act 1983, viii, 5, 6, 9, 20
      • vulnerable people, 5, 6

      W

      • whistleblower complaints, 2, 44
      • Working with Vulnerable People (Background Checking) Act 2010, submission to ACT Community Services Directorate, 5
      • workshop on making better use of complaint data, 10, 44

      Y

      • young people, 13, 32, 33
        • see also child sex offenders
        • register; Office for Children, Youth and Family Support