List of figures

Figure 1: How ACT complaints were made during 2021–22, compared to the previous financial year

Figure 2: Contacts received under the FOI Act in 2021–22, compared to 2020–21

Figure 3: FOI review requests finalised in 2021–22, compared to 2020–21

Figure 4: Contacts received related to Reportable Conduct in 2021–22, compared to 2020–21

Figure 5: Outcomes reported by designated entities—finalised investigations in 2021–22

List of tables

Table 1: ACT complaints received during 2021–22, compared to the previous 2 financial years

Table 2: ACT complaints received during 2021–22, by agency

Table 3: ACT complaints finalised during 2021–22, compared to the previous 2 financial years

Table 4: Notifications received in 2021–22 by sector and percentage of total notifications received

Table 5: Allegation type for matters finalised in 2021–22 and percentage of all allegations and convictions reported

Table 6: Actions taken by designated entities—finalised in 2021–22 and percentage of all actions taken

Table 7: Overview of controlled operation inspections

Table 8:  Overview of surveillance device inspections

Table 9:  Overview of Child Sex Offenders Register inspections

Table 10: Complaints received or finalised by ACT Ombudsman in 2021–22

Table 11: Outcomes of finalised complaint investigations for 2021–22 by agency and by outcome

Glossary

ACAT	ACT Civil and Administrative Tribunal
ACIC	Australian Criminal Intelligence Commission
ACT	Australian Capital Territory
ACTCS	ACT Corrective Services
AFP	Australian Federal Police
Agencies	Administrative units of ACT Government business
AMC	Alexander Maconochie Centre
CAP	Complaints Assurance Program
CMTEDD	Chief Minister, Treasury and Economic Development Directorate
CSD	Community Services Directorate
Directorates	Administrative units of ACT Government business
FOI	Freedom of Information
JACS	Justice and Community Safety Directorate
NPM	National Preventive Mechanism
the Office	ACT Ombudsman’s Office
OOJ	Out of jurisdiction
OPCAT	Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
PID	Public Interest Disclosure
SAB	Sentence Administration Board
SACAT	ACT Policing Sexual Assault and Child Abuse Team
TCCS	Transport Canberra and City Services
WWVP	Access Canberra’s Working with Vulnerable People

Compliance statement

Report on omissions and reasons for non-compliance

The Office of the Commonwealth Ombudsman discharges the role of ACT Ombudsman. The ACT Ombudsman is not required to comply with the Annual Report Directions under the Annual Reports Act, but the Commonwealth Ombudsman is required to act in accordance with the Directions under its Services Agreement with the ACT Government. Many omitted items are, where relevant, reported in the Commonwealth Ombudsman Annual Report 2021–22, available on the Annual Reports webpage at ombudsman.gov.au.

Part	Section	References
Part 1: Directions overview
Contact Information		4
Part 2: Annual report requirements
A	Transmittal certificate	3
B	Organisational overview and performance	8–34
	Organisational overview	8–13
	Performance analysis	14-34
	Community engagement and support	31
	Scrutiny	31
	Risk management, internal audit, fraud prevention, Work Health and Safety, human resources management, and ecological sustainable development	N/A
C	Financial management reporting	32
	Financial management analysis, financial statements, capital works, asset management, government contracting, and statement of performance	N/A
3: Reporting by exception
	Notices of non-compliance	50
	Dangerous substances and medicines, poisons and therapeutic goods	N/A
Part 4: Annual report requirements for specific reporting entities
	Chief Minister, Treasury and Economic Development, Education and Training, Health, Gambling and Racing, Ministerial and Director-General Directions, Public Land Management Plans, Third Party Insurance.	N/A
Part 5: Whole-of-Government annual reporting
	Bushfire risk management	N/A
	Freedom of Information	6, 8, 11–12, 21–23, 43
	Human Rights	43
	Territory records	N/A
	Legal services directions	N/A
Part 6: State of the Service
P.2	Public Interest Disclosure	44
P.3	Workforce profile	N/A

Index

Aboriginal and Torres Strait Islander community, ACT Policing engagement with, 10

Access Canberra

ACT Ombudsman engagement with, 18, 19, 29

complaints concerning, 15, 19, 45, 47

Working with Vulnerable People (WWVP) Scheme, 29

ACT Corrective Services

complaints concerning, 15, 20, 46, 47

engagement with, 18

parole administration, 9, 20

see also Alexander Maconochie Centre

ACT Emergency Services Agency, 46

ACT Government, Service Agreement with Commonwealth Ombudsman re ACT Ombudsman, 8, 32, 50

ACT Human Rights Commission, 6, 18, 20, 46

ACT Inspector of Correctional Services, 6, 7, 18, 20

ACT Integrity Commission

ACT Ombudsman role, 8, 12, 33

complaints concerning, 7, 14, 188

complaints finalised, 16

public interest disclosure matters, 44

see also Inspector of the ACT Integrity Commission

ACT Judicial Council, 8, 13, 32

ACT Legislative Assembly Committees, appearances and submissions to, 7, 31

ACT Ombudsman, 3

funding and Service Agreement, 32

highlights 2021–22, 1

review by, 6–7

role, 8

see also complaints; complaints handling; Reportable Conduct scheme

ACT Policing

ACT Ombudsman engagement with, 18, 29, 30

ACT Ombudsman role, 8, 32, 33

complaint outcomes, 47

complaints about, 9, 14, 15, 46

complaints finalised, 16, 46

covert and intrusive powers, 12, 33

engagement with Aboriginal and Torres Islander community, 10

Family Violence Unit, 30

inspection of records, 12, 33, 34–8, 41

Reportable Conduct notifications reported to, 11, 24

Sexual Assault and Child Abuse Team (SACAT), 29

ACT Revenue Office

commercial land valuation decisions, 9

complaints concerning, 20, 45, 47

ACT Teacher Quality Institute, 46

ACT Together Barnados, 29, 30

Acting ACT Ombudsman, 6–7

agencies

complaint outcomes, 47

complaint processes, 9, 10, 19

complaint trends and agency engagement, 18–20

complaints finalised, 16, 45–6

complaints received, 14, 15, 45–6

human rights obligations, 43

Alexander Maconochie Centre

complaints concerning, 20

engagement with, 20

management of COVID-19, 20

parole issues, 9

review, 7

Anderson, Iain, 3, 6–7

Annual Reports (Government Agencies) Act 2004, 3

Association of Information Access Commissioners, 23

assumed identities, 12, 40

Australian Criminal Intelligence Commission, 12

Australian Federal Police, complaints management process, 42

Australian Federal Police Act 1979, 42

biennial recommendations implementation monitoring report, 9–10

Canberra Health Services, 15, 45

Canberra Institute of Technology, 45

Chief Minister, Treasury and Economic Development Directorate, 15, 45, 47

Child and Youth Protection Services, 11

child protection and safety, 11, 40

Child Sex Offenders Register, 12, 40–1

Children and Young People Act 2008, 11

Children and Young People Oversight Agencies Group, 29

Children and Young Person Commissioner, 29

commercial land valuation decisions, 9

Commonwealth Ombudsman, Service Agreement re ACT Ombudsman, 8, 32, 50

community engagement and support, 6, 31

Community Services Directorate

complaints concerning, 15, 45, 47

engagement with, 29

Complaint Handling Forum, 10

complaints

about agencies, 14, 15, 45–6

contacts made with ACT Ombudsman’s Office, 14, 15–16

finalised, 16–17, 45–6

outcomes achieved, 17, 47

received, 6, 14, 45–6

trends, 18–20

Complaints Assurance Program, 10

Complaints Education Program, 10

complaints handling

ACT Ombudsman role, 9

agency processes, 9, 10, 19

complaint trends and agency engagement, 18–20

education and training, 10

own motion investigations, 28

performance against service standards, 17–18

compliance statement, 50

contact and address details, 4

contacts made with ACT Ombudsman’s Office, 14, 15–16

controlled operations, 12, 33–6

Council on the Ageing (COTA) ACT 2022 Silver is Gold Expo, 6, 31

courts or tribunals, 46

covert and intrusive powers (ACT Policing), 12, 33

COVID-19 pandemic, 7, 20, 23, 24, 25, 30

Crimes (Assumed Identities) Act 2009 (ACT), 12, 33, 40

Crimes (Child Sex Offenders) Act 2005 (ACT), 12, 33, 40

Crimes (Controlled Operations) Act 2008 (ACT), 12, 33, 34

Crimes (Surveillance Devices) Act 2010 (ACT), 12, 33, 37

detainees, 20

Did They Do What They Said They Would? report, 9

Director of Public Prosecutions, 46

Education Directorate, 29

complaints concerning, 15, 17, 45, 47

education programs, 10, 23, 29–30

engagement with stakeholders, 6, 23, 29

see also community engagement and support

enquiries, 4

Environment, Planning and Sustainable Development Directorate, 15, 45

financial management, 8, 32

freedom of information, 11–12, 21–3

access applications, 43

ACT Ombudsman role, 7, 8, 11–12

charges and application fees, 43

complaints finalised, 16

complaints received, 14

contacts received, 7, 21

decisions on open access, 43

engagement activities, 23

finalised reviews, 7, 21–2

funding to perform functions, 32

open access monitoring strategy, 23

performance against service standards, 22

practitioners’ forum, 6, 23

published decisions, 23

Freedom of Information Act 2016, 11, 43

funding, 8, 32

glossary, 49

Health Directorate, 15, 45, 47

Housing ACT

ACT Ombudsman engagement with, 18, 19

complaints concerning, 15, 18–19, 45, 47

complaints handling processes, 10

human rights, 43

Human Rights Act 2004 (ACT), 43

Icon Water, 46

Independent Statutory Offices, complaints concerning, 15, 46

inspections (ACT Policing), 12, 33, 34–8, 41

Inspector of the ACT Integrity Commission, 7, 8, 12, 14, 16, 32

Integrity Commission Act 2018, 12

International Access to Information Day, 23

investigations, 28

biennial recommendations implementation monitoring report, 9–10

Judicial Commissions Act 1994, 13

Justice and Community Safety Directorate, 15, 46, 47

Legal Aid ACT, 46

McKay, Penny, 6–7

Officers of the ACT Legislative Assembly, 15, 46

Ombudsman Act 1989, 11

‘Open by Design’ Principles, 23

Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), 6, 20

ACT’s National Preventive Mechanism, 6

organisational overview, 8–13

own motion investigations, 28

parole administration, 9, 20

performance against service standards

complaints handling, 17–18

freedom of information, 22

Reportable Conduct Scheme, 26

performance analysis, 14–32

practice guides, 11, 25, 26, 28

practitioners’ forums, 6, 23, 29–30

prescribed authorities, 15

public administration, complaints about see complaint handling; complaints

Public Advocate, 20, 29

Public Interest Disclosure, 44

Public Interest Disclosure Act 2012 (ACT), 44

Public Trustee and Guardian for the ACT, 46

publications

open access information, 43

practice guides, 11, 25, 26, 28

reports issued, 6, 9–10, 31

Redress Implementation Group, 29

Reportable Conduct Scheme, 11, 24–30

ACT Ombudsman role, 7, 8, 11

actions taken by designated entities, 27

allegation types, 25

cases finalised, 16, 25

complaints received, 14

contacts received, 23–4

engagement activities, 29

funding to perform functions, 32

investigations and complaints, 28

monitoring activities, 28–9

notifications received, 24–5

online information, 30

outcomes, 27–8

performance against service standards, 26

practitioners’ forums, 6, 29–30

Section 17G notifications, 26–7

Section 17J final reports, 27

timeliness of notification reporting, 25

reports

implementation of recommendations, 9–10

issued, 6, 9–10, 31

on omissions and reasons for non-compliance, 50

scrutiny, 31

Services Agreement (ACT Government and Commonwealth Ombudsman), 8, 32, 50

stakeholder engagement, 6, 23, 29

Standing Committee on Justice and Community Safety, 31

Standing Committee on Public Accounts, 31

Suburban Land Agency, 45

surveillance devices, 12, 37–8

Territory-owned corporations, 15

transmittal certificate, 3

Transport Canberra and City Services Directorate, complaints concerning, 15, 20, 46, 47

University of Canberra, 45, 47

whole-of-government reporting, 43

Worksafe ACT, 45, 47