Part 2: Annual Report Requirements

Organisational overview

The role of the ACT Ombudsman

The role of the ACT Ombudsman (the Ombudsman) is to influence systemic improvement in public administration in the ACT and provide assurance that ACT Government agencies (agencies) and other designated entities in our jurisdiction act with fairness and integrity.

The Office also works with agencies to support their provision of accessible and effective complaint handling processes to the public.

We undertake this role through our traditional complaint handling activities, as well as our oversight of:

• the ACT Freedom of Information (FOI) framework
• the ACT Reportable Conduct Scheme
• ACT Policing
• the ACT Integrity Commission (as the Inspector).

We also play a support role for the Judicial Council, through the ACT Ombudsman’s role as Principal Officer.

The following sections provide an overview of each of these functions.

For more detailed performance information about these functions during 2021–22, see Part 3: Performance Analysis.

A copy of our organisational chart is available on the ACT Ombudsman website.[1]

2021–22 funding

The 2021–22 ACT Budget, released on 6 October 2021, allocated funding of $2,855,704 (GST exclusive) to the ACT Ombudsman. Funding provided for the ACT Ombudsman in 2021–22 was $176,948 less than funding received in 2020–21.

Given these funding parameters, in 2021–22 the Office focused on performing our core legislative obligations and deliverables required under our Services Agreement with the ACT Government. Some of the Office’s additional and/or discretionary oversight and engagement work was also reduced in scale.

The 2022–23 ACT Budget included funding of $3,925,266 (GST exclusive) to fund ACT Ombudsman functions in 2022–23. This increase in funding in 2022–23, compared to funding received in 2021–22, is largely attributed to the ACT Government’s agreement to fund standard staffing on-costs in 2022–23, based on the Commonwealth Department of Finance costing model.

Managing complaints about public administration

The Ombudsman receives complaints from people who consider they have been treated unfairly or unreasonably by an ACT Government agency or ACT Policing.

Each complaint we receive is assessed to determine the most appropriate course of action. Complaints that are not in our jurisdiction may be referred to an organisation that is in a better position to assist the complainant. Complaints in our jurisdiction undergo further assessment to determine if the agency has been made aware of the issue, and if preliminary enquiries or an investigation of the matter is required. When making these assessments, we focus on resolving the individual complaint, while also identifying any potential systemic issues.

There are several outcomes that can help resolve a complaint. These include a better explanation of an agency’s action, an apology, a refund, or a change of decision. Sometimes agencies may take further action or expedite a process already underway.

A vital part of complaints management is the ongoing improvement of administrative processes. We provide feedback to agencies to help avoid unfair or unreasonable decisions or actions and to ensure better communication with the public. Ensuring better administration is at the heart of what we do.

Improving complaint processes

An important role for the Ombudsman is to support accessible and effective complaint handling systems in agencies. We work strategically with agencies to help develop a healthy complaints culture. This includes valuing complaints as a tool to improve service delivery. For example, the Ombudsman can provide advice and support to Directorates when they are reviewing their complaint management practices.

Biennial Recommendations Implementation Monitoring report

The Office regularly monitors the implementation of recommendations arising from our investigations.

In September 2020, we published our inaugural Did They Do What They Said They Would? report.[2] The report analysed agencies’ implementation of recommendations made by our Office in reports published between July 2017 and June 2019.

The Office is currently reviewing the implementation of recommendations made in reports published from 1 July 2019 to 30 June 2021 (for both Commonwealth and ACT functions). This review includes:

• the 15 recommendations made in the report Parole processes at the Alexander Maconochie Centre – Investigation into the administration of parole by ACT Corrective Services[3], published in November 2020
• the 9 recommendations made to the ACT Revenue Office in the Investigation into the transparency of commercial land valuation decisions in the ACT[4], published in August 2020
• the 9 recommendations made in the report ACT Policing’s administrative framework for engagement with the ACT Aboriginal and Torres Strait Islander community volume 1 and volume 2[5], published in March 2021.

The review process involves agencies completing a self-assessment to provide information about actions taken in response to the Office’s recommendations. The Office analyses these responses and provides agencies with our preliminary views for comment. Following the provision of further information from agencies, we prepare our final views regarding implementation. Agencies featured in this review, including ACT Corrective Services, the ACT Revenue Office and ACT Policing, have the opportunity to comment on our proposed findings, prior to finalisation of our report. We expect our report to be completed in the second half of 2022.

The Office also continues to monitor the implementation of recommendations through our regular and ongoing engagement with agencies.

Complaints Education Program

This year, the Office delivered a Complaint Handling Forum (CHF), titled Complaint Handling: Embracing Challenges and Change, virtually over 4 days from 20–24 June 2022. The forum focused on challenges and changes in complaint handling, and opportunities to learn about, improve and enhance complaint handling services.

The forum featured a mix of industry experts and representatives from complaint handling agencies, who presented four 90-minute sessions on:

• practical strategies to improve and control client interactions through vocal techniques and active listening
• workforce planning in the complaint handling context
• supporting and promoting wellbeing for complaint handling staff remotely: challenges and lessons learned
• psychology behind challenging behaviours.

The forum was open to complaint handlers and other staff from industry and government nationally. ACT Government employees represented approximately 10 per cent of the total number of attendees at forum sessions.

Complaints Assurance Program

The Complaints Assurance Program (CAP) is a tool we use to help agencies improve complaint handling processes. This collaborative program allows agencies to self-assess their complaint policies and practices and provide a random sample of complaints to the Office for analysis. It enables us to provide targeted recommendations for improvement to participating agencies. The CAP supports agencies to use complaints to improve service delivery and allows us to share best practice initiatives.

In 2021–22, the Office did not commence a new CAP. As discussed below, during the year the Office continued to monitor Housing ACT’s response to a CAP conducted in 2020.

Reportable Conduct Scheme

The ACT Reportable Conduct Scheme (the Scheme) commenced on 1 July 2017 and has just completed its fifth year of operation.

Under the Scheme, which is set out in Division 2.2A of the Ombudsman Act 1989 (the Ombudsman Act), the Office oversees how designated entities[6] prevent and respond to allegations of child abuse and child-related misconduct by employees.

In addition to reporting to ACT Policing, Child and Youth Protection Services (CYPS), and/or any other relevant professional or regulatory bodies, designated entities covered by the Scheme must:

• report to the Office allegations or convictions relating to child‑related misconduct by employees, including volunteers and contractors, in the context of their professional or private activities[7], and
• have practices and procedures in place to prevent reportable conduct, respond to such allegations and convictions, and to handle and share information in accordance with provisions in the Children and Young People Act 2008 (CYP Act).

Our Office’s role is to:

• receive and assess designated entities’ responses to reportable conduct allegations or convictions, including whether there was appropriate action by the designated entity in its response and the adequacy of any investigation carried out by the designated entity, and
• monitor the above practices and procedures a designated entity has in place to meet its obligations under the Scheme.

The Scheme does not replace or interfere with police investigations.

To enhance designated entity-based child protection outcomes and encourage best practice, we may also:

• monitor an investigation carried out by the designated entity
• investigate any reportable conduct allegation or conviction, or the response of an organisation to a reportable conduct allegation or conviction, and
• disclose information about investigations to a child, parent and carer, the Office of Fair Trading and other entities specified in the CYP Act.

More information about our work under the Scheme in 2021–22, including trends in reports received from designated entities and investigation outcomes, is set out in Part 3: Performance Analysis.

Freedom of Information

The Office oversees the ACT Freedom of Information Act 2016 (the FOI Act) and promotes its objects by:

• conducting independent merits review of decisions on access applications
• publishing guidelines to assist Freedom of Information (FOI) practitioners who make access decisions
• granting extensions of time to decide access applications
• investigating complaints about an agency or Minister’s actions under the FOI Act, and
• monitoring the compliance of agencies and Ministers with their open access obligations.

In reviewing a decision, the Ombudsman can confirm or vary the original decision or set it aside and substitute it with a new decision. Ombudsman review decisions are binding and may be appealed to the ACT Civil and Administrative Tribunal (ACAT).

We resolve review matters informally where possible. For example, by facilitating a compromise where an agency and applicant agree to some additional information being provided to the applicant and the review application is withdrawn.

We also work closely with agencies through regular forums, to support them to build capability and to meet their obligations under the FOI Act.

More information about our work under the FOI Act in 2021–22 is set out in Part 3: Performance Analysis. The Office also publishes a separate report every year on the operation of the FOI Act. This report is available on our Reports webpage on our website.[8]

Inspections

The Office oversees the use of certain covert and intrusive powers under ACT legislation by ACT Policing, the Australian Criminal Intelligence Commission (ACIC), and the ACT Integrity Commission, as well as monitoring ACT Policing’s compliance with Part 3.11 (Entry and search warrants) and Chapter 4 (Child sex offenders register) of the Crimes (Child Sex Offenders) Act 2005 (ACT).

This report covers the results of our inspections of ACT Policing finalised in 2021–22 under the Crimes (Surveillance Devices) Act 2010 (ACT), the Crimes (Controlled Operations) Act 2008 (ACT) and compliance with Chapter 4 of the Crimes (Child Sex Offenders) Act 2005 (ACT).

The Office did not conduct or finalise any inspections in 2021–22 of the ACIC or the ACT Integrity Commission under the Crimes (Surveillance Devices) Act 2010 (ACT) or the Crimes (Controlled Operations) Act 2008 (ACT) as the agencies advised our Office these powers were not used. Similarly, the Office did not conduct an inspection of any law enforcement agencies under the Crimes (Assumed Identities) Act 2009 (ACT) or ACT Policing’s compliance with Part 3.11 of the Crimes (Child Sex Offenders) Act 2005 (ACT), as these powers were not used.

Information about our inspections in 2021–22 is set out in Part 4 of this report.

ACT Integrity Commission

The Ombudsman is the Inspector of the ACT Integrity Commission (the Commission).

To help improve public confidence, the function of Inspector was set up to ensure the Commission operates within its legislative powers. The Inspector can:

• assess and investigate complaints about the Commission and its staff
• make recommendations to the Commission, and
• assess and report on the Commission's compliance with theIntegrity Commission Act 2018 (IC Act).

The Inspector must prepare a separate annual operational review and annual report under the IC Act. This report is available on our Reports webpage on our website.[9]

ACT Judicial Council

The Office provides support to the ACT Judicial Council (the Council).

The Council is a separate entity established under the Judicial Commissions Act 1994 with powers to receive and examine complaints about the conduct or capacity of ACT judicial officers (judges and magistrates). The Council has 4 members:

• the Chief Justice of the ACT Supreme Court
• the Chief Magistrate of the ACT Magistrates Court
• an appointed legal practitioner member, and
• an appointed member of the community.

The Ombudsman is the Council’s Principal Officer. Together with nominated staff, the Ombudsman is responsible for:

• receiving the Council’s enquiries and complaints
• assisting the Council to conduct preliminary inquiries and other examinations, and
• facilitating communication between the Council, complainants and judicial officers.

Ombudsman staff also perform secretariat services for the Council.

The Council issues its own annual report to the ACT Attorney-General, published on the ACT Judicial Council website at actjudicialcouncil.org.au.[10]

[1] ACT Ombudsman, Organisational chart, www.ombudsman.act.gov.au/dev/about-us/who-we-are?a=105930

[2] ACT Ombudsman, Did They Do What They Said They Would?, www.ombudsman.gov.au/__data/assets/pdf_file/0013/111460/Did-they-do-what-they-said-they-would-report.pdf

[3] ACT Ombudsman, Parole processes at the Alexander Maconochie Centre – Investigation into the administration of parole by ACT Corrective Services, www.ombudsman.act.gov.au/__data/assets/pdf_file/0014/112073/ACTCS-administration-of-parole-processes.pdf

[4] ACT Ombudsman, Investigation into the transparency of commercial land valuation decisions in the ACT, www.ombudsman.act.gov.au/__data/assets/pdf_file/0018/111384/Investigation-into-the-transparency-of-commercial-land-valuation-decisions-in-the-ACT_V2.pdf

[5] ACT Ombudsman, ACT Policing’s administrative framework for engagement with the ACT Aboriginal and Torres Strait Islander community volume 1 and volume 2, www.ombudsman.act.gov.au/__data/assets/pdf_file/0010/112411/Attachment-A-FINAL-Report-Vol-1-ACT-Policing-OMI-accessible-A2147380.pdf

www.ombudsman.gov.au/__data/assets/pdf_file/0017/112409/Attachment-A.1-FINAL-Report-Vol-2-ACT-Policing-OMI-accessible-A2147381.pdf

[6] ‘Designated entities’ covered by the Scheme include ACT Government Directorates, health services, kinship and foster care organisations, residential care organisations, government and non-government schools, childcare services, education and care services including after school care, and religious organisations.

[7] ACT Ombudsman’s Office, ACT Ombudsman Practice Guide No. 2 Identifying Reportable Conduct, February 2018, viewed 16 June 2022, www.ombudsman.act.gov.au/__data/assets/pdf_file/0009/81000/No.-2-Identifying-Reportable-Conduct.pdf

[8] ACT Ombudsman’s Office, Reports webpage, www.ombudsman.act.gov.au/publications/reports

[9] ACT Ombudsman’s Office, Reports webpage, www.ombudsman.act.gov.au/publications/reports

[10] ACT Judicial Council, Annual Report webpage, www.actjudicialcouncil.org.au/annual-report