Part 1: Review by the Ombudsman

We are pleased to introduce the 2021–22 ACT Ombudsman Annual Report.

During 2021–22, the ACT Ombudsman (the Office) again felt the impact of COVID-19. We adjusted the way we work and continued to deliver and remain true to our purpose to provide assurance that the ACT Government entities we oversee act with integrity and treat people fairly while influencing systemic improvement in public administration. Ensuring better administration is at the heart of what we do.

The number of complaints we received about ACT agencies decreased in 2021–22, compared to the previous year. We commonly see variation in complaint numbers across financial years and the number of complaints received in 2021–22 was similar to the number the Office received in 2019–20. Details are provided in Part 3 of this report: Performance analysis.

We were pleased to be able to recommence face-to-face community outreach activities towards the end of the year. In May 2022, we attended the Council on the Ageing (COTA) ACT’s 2022 Silver is Gold Expo and we look forward to increasing this type of outreach in 2022–23.

Our monitoring of agencies’ implementation of recommendations continued during the year. This included reviewing the implementation of recommendations made in our published reports between 1 July 2019 to 30 June 2021. Our review covered recommendations in 3 ACT Ombudsman reports. Once the analysis is complete, we will publish a report outlining the findings of our review.

In January 2022, the ACT Government announced that our Office, the ACT Inspector of Correctional Services and ACT Human Rights Commission will form the ACT’s National Preventive Mechanism (NPM) to support the implementation of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in Australia.

OPCAT is an international treaty designed to strengthen protections for people in situations where they are deprived of their liberty and may be vulnerable to mistreatment or abuse. OPCAT requires countries to establish independent bodies known as NPMs to undertake regular preventive visits to places of detention – to monitor treatment and conditions and strengthen protections against torture and other ill treatment. The deadline for implementing the ACT NPM is now January 2023, and in 2021–22 the Office began meeting regularly with the ACT Inspector of Correctional Services and ACT Human Rights Commission to discuss our joint implementation of this important new function.

This year, the Office continued working with agencies to share better practices and provide guidance on dealing with complex issues in Freedom of Information (FOI) and the Reportable Conduct Scheme. The Office hosted our first virtual FOI and Reportable Conduct practitioners’ forums. It was a great opportunity to see the relevant stakeholders come together after a lengthy period of working remotely during 2020 and 2021.

In FOI, all 9 ACT Government Directorates provided both mandatory and optional data for our reporting, allowing us to build on our understanding of the operation of the FOI Act. This year we completed 30 Ombudsman reviews – 18 decisions were published on our website and AustLII. Our total of 85 published decisions as of 30 June 2022, contribute to a growing body of precedent on the FOI Act and will guide practitioners in their future decision making.

The Reportable Conduct Scheme commenced on 1 July 2017 and has just completed its fifth year of operation. It is pleasing to see the Scheme maturing and the Office working closely with our stakeholders to support them build capability and meet their obligations. The number of overall contacts continues to decrease compared to previous years. Notification volumes decreased by 20 per cent, while enquiries decreased by 6 per cent. We consider the decrease in all contacts may reflect the impact of the lockdown in the ACT from August to October 2021 and the ongoing impact of COVID-19 and associated restrictions on the community resuming ‘normal’ activity. The Office will continue to monitor emerging trends in the numbers of notification, enquiries and complaints.

During the year, the Office also commenced its first complaint investigation as Inspector of the ACT Integrity Commission and provided our first set of recommendations to the Integrity Commission to influence improvements in the way they communicate with the community.

The Office continued to engage with the ACT Legislative Assembly in 2021–22 through submissions to Committee inquires and appearances at Committee hearings. As well as our appearances at ACT Budget and Annual Report Estimates, we provided submissions and appeared at hearings for the Inquiry into Community Corrections, the Inquiry into Financial Management Amendment Bill (No 2), and the Inquiry into Petition 32–21 (No Rights Without Remedy). We also made a submission to the ACT Inspector of Correctional Services’ Healthy Prison Review of the Alexander Maconochie Centre 2022.

Looking ahead, we will continue to engage closely with our stakeholders and bring professional curiosity to every issue to deliver this important role for the ACT community.

In presenting this report, I (Iain) would like to acknowledge the work of Penny McKay as Acting ACT Ombudsman from 1 August 2021 to 31 July 2022. Under her leadership, the ACT Ombudsman continued to assist those who seek our help and hold agencies to account through fair and effective oversight.

It is a great privilege and pleasure to be appointed as Ombudsman on 1 August 2022 for a 5-year term. I have a deep interest in the role and contribution of the Ombudsman. One measure of a fair and equal society is that people can raise concerns about the actions of government agencies with an independent body such as the Ombudsman that can investigate those concerns. I look forward to fulfilling this role and providing independent and impartial assurance to the ACT Legislative Assembly and the ACT community.

Iain Anderson ACT Ombudsman	Penny McKay Acting Ombudsman (1 Aug 21 – 31 Jul 22)