Section A | Performance and financial management reporting

Our organisation

The ACT Ombudsman (the Ombudsman) is an independent statutory officer who considers complaints about ACT Government agencies

The Office of the ACT Ombudsman (our office) is authorised to investigate complaints about the administrative actions of ACT Government agencies, in line with the Ombudsman Act 1989 (ACT). The ACT Ombudsman also considers complaints about ACT Policing in accordance with the Australian Federal Police Act 1979 (Cth) and the Ombudsman Act 1976 (Cth).

Our office may also investigate complaints about agencies’ handling of freedom of information requests from members of the public. These may include processing delays or charges imposed on individuals to access documents they requested under the Freedom of Information Act 1989 (ACT). In addition, our office can receive complaints from ‘whistleblowers’ under the Public Interest Disclosure Act 2012 (ACT).

Complaints are investigated in private after the complainant has attempted to resolve the matter directly with the relevant agency. If the Ombudsman believes the action taken by an agency was wrong, we may provide a report to the agency making recommendations about a suitable remedy. Remedies may involve the agency reconsidering its decision, providing a better explanation of its decision, amending its policy or procedure, or extending an apology to the complainant. In the unusual situation where a recommendation is not acted upon by an agency, the Ombudsman may make a report to the relevant minister, the ACT Chief Minister, or the ACT Legislative Assembly. Alternatively, we may release a public report.

In addition to complaint handling, our office monitors compliance with the Child Sex Offenders Register by the Chief Police Officer and other authorised people. The Child Sex Offenders Register is established in line with Chapter 4 of the Crimes (Child Sex Offenders) Act 2005 (ACT). Our office also monitors compliance with crime-related legislation which is used by ACT Policing. We do this by conducting inspections under the Crimes (Controlled Operations) Act 2008 (ACT), the Crimes (Assumed Identities) Act 2009 (ACT) and the Crimes (Surveillance Devices) Act 2010 (ACT).

The Commonwealth Ombudsman discharges the role of ACT Ombudsman in line with the ACT Self-Government (Consequential Provisions) Act 1988 (Cth) and in line 3 | Performance and financial management reporting with a Services Agreement between the Commonwealth Ombudsman and the ACT Government. The Ombudsman is supported by a small team employed by the Commonwealth Ombudsman, with day-to-day responsibility for the ACT Ombudsman service delegated to a Senior Assistant Ombudsman.

Our services are free and people are encouraged to approach our office in person, online, by telephone or in writing. Our clients and stakeholders include all people who may be affected by the administrative actions of ACT Government agencies or ACT Policing.

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Overview

Organisational planning and environment

In 2012–13 our office undertook an internal restructure to release resources for strategic engagement with agency stakeholders and the community. Our aim is to better understand emerging issues for agencies, proactively advise on initiatives that may result in ‘downstream’ complaints to the Ombudsman, and help agencies improve internal complaint handling processes.

Another initiative undertaken during the year was the redesign of our telephone queue and auto-attendant messaging system. The main purpose of this new system is to ensure callers receive information about matters that are within our jurisdiction to investigate. It also sets out the preliminary steps callers should take before making a complaint to our office. This has allowed our Public Contact Team to focus on callers whose matters are more likely to warrant further assessment.

The 2010–13 strategic plan for the Office of the Commonwealth Ombudsman includes the strategic objectives for the ACT Ombudsman. Each year the office reviews the plan and establishes the priorities for the next year. The strategic priorities of the office are to:

• build on the work practices and system changes to deliver improved quality, efficiency and consistency in managing complaints

• continue to strengthen working relationships with Directorates

• help Directorates develop consistent complaint-handling policies

• provide advice to Directorates on identified emerging systemic issues.

Summary and complaint statistics

During the year our office received a total of 563 approaches: 438 from ACT Government agencies and 125 from ACT Policing. Approaches include complaints, enquiries and other forms of contact with our office.

This represents a decrease of 26% on 2011–12 numbers when we received a total of 763 approaches (625 from ACT Government agencies and 138 from ACT Policing).

In 2012–13 ACT Government agencies accounted for 30% fewer approaches than in 2011–12. ACT Policing accounted for 9% fewer approaches — results that continue a four-year trend. This reflects our efforts over several years to encourage client agencies to improve and promote internal complaint-handling processes to resolve complaints before they are referred to our office. It also reflects the success of our redesigned telephone queue and auto-attendant messaging system. We note that there has been a similar decrease (34%) in approaches to the Commonwealth Ombudsman about Australian Government agencies.

Of the approaches received about ACT Government agencies, Housing ACT and ACT Corrective Services attracted the highest number (120 and 61 respectively). However, approaches about Housing ACT and ACT Corrective Services were down from 2011–12 (21% and 16% respectively).

In 2012–13, the office finalised a total of 587 approaches: 464 for ACT Government agencies and 123 for ACT Policing. Further details are provided in Section A.9 of this report.

Table 1: Approaches and complaints by method received about ACT Government agencies and ACT Policing 2012–13

TELEPHONE	WRITTEN	IN PERSON	ELECTRONIC	TOTAL
291	62	30	180	563
52%	11%	5%	32%	100%

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Highlights

Our office reports four main highlights this year:

• We introduced a new 20-minute ‘bite-sized’ seminar targeting ACT Public Sector employees who have little or no recent experience of our office. The seminar demystifies our work by addressing ‘five things to know about your Ombudsman’, explaining the primary role of ACT Public Sector employees in dealing with complaints before these become disputes taken to the Ombudsman. The seminar also emphasises our approach to resolving disputes independently and cooperatively with agencies wherever possible. Interest in the series to date supports a continuing roll-out to Directorates in 2013–14.

• We revised our procedures for giving feedback to agencies as part of the notice closing the complaint rather than through an ‘administrative deficiency’ recording against the agency.

• We held two complaint-handling forums for ACT Public Sector employees regarding complaint management and service delivery.

• We ran a community forum to improve awareness of the office and to gather information about the effectiveness of administrative processes in the justice system.

Outlook

In 2013–14 we will continue to discharge our various statutory functions. We will continue our roll-out of the 20-minute ‘bite-sized’ seminar series to Directorates, and seek to work with selected Directorates on improved complaint management systems and processes. We note the tight fiscal environment in which ACT Government agencies are operating and the continuing need for agencies to resource their complaint handling areas to avoid additional complaints being referred to the Ombudsman.

Statement of performance

In 2012–13 the ACT Government paid an unaudited total of $1,083,939 (including GST) to the Commonwealth Ombudsman for the provision of ACT Ombudsman services. This consisted of $501,260 for Ombudsman Act 1989 (ACT) services and $573,679 for complaint handling in relation to ACT Policing.

The total payment of $1,083,939 represented a 2% increase over 2011–12 ($1,058,016) and was calculated in accordance with the terms of our Services Agreement with the ACT Government.

Our performance against indicators is shown in Table 2. Further detail is available under the headings ‘ACT Government Directorates — approaches and complaints’ (Section A.9), ‘ACT Policing – approaches and complaints’ (Section A.9) and ‘ACT Policing — inspections’ (Section B.4).

The statistical report in Appendix 1 provides the 2012–13 details of approaches and complaints received and finalised, and remedies provided to complainants.

Table 2: Summary of achievements against performance indicators, 2011–12 and 2012–13 performance indicaTors acT GovernmenTaGencies acT policinG

Figure 3: Time taken to finalise approaches and complaints about ACT Government agencies and ACT Policing, 2012–13

Table 3: Remedies provided in finalised complaints about ACT Government agencies and ACT Policing, 2012–13

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Analysis of agency performance

ACT Government administration is organised within nine Directorates, as set out in Notifiable Instrument NI2012-593, Administrative Arrangements 2012 (No 2).

On 10 November 2012, changes were made to this structure which impacted on our data collection and reporting.

The data below has been aligned to the set-up of Directorates before and after 10 November 2012.

ACT Government Directorates — approaches and complaints

Complaint handling remains the core of the Ombudsman’s role. Every contact we receive is registered in our case management system. New matters (as opposed to a person calling about an existing matter) are registered as a new ‘approach’. Not all approaches can be classed as ‘complaints’ that the Ombudsman has the authority to deal with. In many instances, the person may be seeking advice about how to deal with a matter, they may be seeking legal advice or advocacy, or they may wish to make a complaint about a non-government agency or individual. We consider a ‘complaint’ to be ‘any expression of dissatisfaction about a service provided, or a decision made by a government agency or officer’.

We categorise approaches into five categories depending on the complexity of the matter, or the workload inherent in dealing with the matter. Straightforward approaches are resolved without investigation (categories 1 and 2). More complex matters require the office to exercise its formal statutory powers (categories 3, 4 and 5).

In all approaches that require investigation, we contact the agency to find out further information about the complaint and to provide the agency with an opportunity to respond to the issues raised in the complaint. Often an approach from this office to the agency assists in resolving the complaint.

The main reasons for not investigating complaints are:

• the issue was resolved during the complainant’s first contact with us

• complainants were advised to pursue the matter with a more appropriate agency

• other reasons, including: the matter being considered by the courts; the complainant not having sufficient interest in the complaint; there being insufficient evidence to investigate the matter; or there being no viable remedy to be obtained from an investigation.

Our investigations may result in one or more remedies being provided by the agency to the complainant. It may also include a better explanation from our office.

Chief Minister and Treasury Directorate

The complaints we investigated related to:

• land tax

• freedom of information

• public interest disclosure.

Table 4: Approaches and complaints received about the Chief Minister and Treasury Directorate 2012–13

Table 5: Remedies for investigated complaints about the Chief Minister and Treasury Directorate 2012–13

Commerce and Works Directorate

Complaints about water supply (through ACTEW), such as disputes over billing, are handled by the ACT Civil and Administrative Tribunal. Most approaches to the Ombudsman’s office about these matters are referred to the tribunal without investigation. We started investigation into one complaint during the reporting period.

Table 6: Approaches and complaints received about the Commerce and Works Directorate 2012–13

Community Services Directorate

Many of the Community Services Directorate’s portfolio responsibilities fall outside the Ombudsman’s jurisdiction to investigate, in line with section 5(2)(n) of the Ombudsman Act 1989 (ACT). Approaches about matters outside the Ombudsman’s jurisdiction are referred to an appropriate body without investigation. With the exception of approaches about Housing ACT, the majority of approaches about the Community Services Directorate are referred to the Human Rights Commission. We either refer the complainant to the commission or formally refer the approach details to the commission in line with sections 6A or 6B of the Ombudsman Act 1989 (ACT).

The complaints we investigated all related to housing matters.

Table 7: Approaches and complaints received about the Community Services Directorate 2012–13

Table 8: Remedies for investigated complaints about the Community Services Directorate 2012–13

Economic Development Directorate

One approach remained under assessment at the end of the reporting period.

Table 9: Approaches and complaints received about the Economic Development Directorate 2012–13

Education and Training Directorate

Complaints about the provision of services for children and young people are excluded from the Ombudsman’s jurisdiction under section 5(2)(n) of the Ombudsman Act 1989 (ACT). While we receive approaches about the provision of education and training services for children and young people, we usually refer them to the Human Rights Commission without investigation unless special circumstances justify another course of action.

Most complaints we investigated related to:

• dispute resolution

• fees and charges

• course work

• discipline.

Table 10: Approaches and complaints received about the Education and Training Directorate 2012–13

Table 11: Remedies for investigated complaints about the Education and Training Directorate 2012–13

Environment and Sustainable Development Directorate

Section 5(2)(h) of the Ombudsman Act 1989 (ACT) excludes action taken in managing the environment from the Ombudsman’s jurisdiction (other than in relation to stormwater and street lighting). Approaches about these matters are referred to the Commissioner for the Environment.

Most complaints we investigated related to building and development matters.

Table 12: Approaches and complaints received about the Environment and Sustainable Development Directorate 2012–13

Table 13: Remedies for investigated complaints about the Environment and Sustainable Development Directorate 2012–13

Health Directorate

Complaints about the provision of health services are excluded from the Ombudsman’s jurisdiction under section 5(2)(n) of the Ombudsman Act 1989 (ACT). While we receive approaches about the provision of health services, we usually refer them to the Human Rights Commission without investigation, unless special circumstances justify another course of action.

We conducted one investigation into how the Health Directorate managed a complaint. The Directorate provided a better explanation to the complainant as a result.

Table 14: Approaches and complaints received about the Health Directorate 2012–13

Justice and Community Safety Directorate

Most approaches we received related to issues arising at the Alexander Maconochie Centre.

Table 15: Approaches and complaints received about the Justice and Community Safety Directorate 2012–13

Table 16: Remedies for investigated complaints about the Justice and Community Safety Directorate 2012–13

Territory and Municipal Services Directorate

Most complaints we investigated related to neighbourhood trees and animal services.

Table 17: Approaches and complaints received about the Territory and Municipal Services Directorate 2012–13

Table 18: Remedies for investigated complaints about the Territory and Municipal Services Directorate 2012–13

ACT Policing

Community Policing in the ACT is undertaken by the Australian Federal Police (AFP) in line with an agreement between the ACT Minister for Police and Emergency Services, the AFP Commissioner and the Chief Police Officer for the ACT.

Complaints about ACT Policing are managed by the AFP in line with Part V of the Australian Federal Police Act 1979 (the AFP Act) and may also be investigated by the Ombudsman under the Ombudsman Act 1976 (Cth).

If a complainant is not satisfied with the outcome of the AFP’s handling or investigation of their complaint, they may approach our office.

Although complaints about ACT Policing are investigated under the Ombudsman’s Commonwealth jurisdiction, in line with the Services Agreement between the ACT Government and the Ombudsman we regularly report to the ACT Government on the actions of ACT Policing. In line with this agreement, we have included statistics on ACT Policing complaints for 2012–13 below.

The complaints we investigated related to:

• inappropriate action

• customer service

• use of force

• breach of the AFP Code of Conduct. (Note: Complaints about these breaches are not necessarily employment‑related complaints.)

Table 19: Approaches and complaints received about ACT Policing 2012–13

Figure 4: AFP approaches received, investigated and finalised 2007–08 to 2012–13

Table 20: Remedies for investigated complaints about ACT Policing, 2012–13

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