CHAPTER 2The organisation
Role and functions
The office of Commonwealth Ombudsman exists to safeguard the community in its
dealings with government agencies, and to ensure that administrative action by
Australian Government agencies is fair and accountable. The Ombudsman has three
major statutory roles:
- Complaint investigation: investigating and reviewing the
administrative actions of Australian Government officials and agencies, upon
receipt of complaints from members of the public, groups and
organisations
- Own motion investigation: investigating, on the initiative or ‘own
motion’ of the Ombudsman, the administrative actions of Australian Government
agencies—often arising from insights gained from handling individual
complaints
- Compliance auditing: inspecting the records of agencies such as the
AFP and ACC, to ensure compliance with legislative requirements applying to
selected law enforcement and regulatory activities.
The complaint and own motion investigation roles of the Ombudsman are the
more traditional Ombudsman roles that constitute the bulk of the work of the
office. The guiding principle in an Ombudsman investigation is whether the
administrative action under investigation is unlawful, unreasonable, unjust,
oppressive, improperly discriminatory, factually deficient, or otherwise wrong.
At the conclusion of the investigation, the Ombudsman can recommend that
corrective action be taken by an agency. This may occur either specifically in
an individual case or more generally by a change to relevant legislation,
administrative policies or procedures.
A key objective of the Ombudsman is to foster good public administration
within Australian Government agencies, ensuring that the principles and
practices of public administration are sensitive, responsive and adaptive to the
interests of members of the public.
The role of the Commonwealth Ombudsman is principally performed under the
Ombudsman Act. There are special procedures applying to complaints about AFP
officers contained in the Australian Federal Police Act 1979. Complaints
about the conduct of AFP officers prior to 2007 are dealt with under the
Complaints (Australian Federal Police) Act 1981 (Cth). This Act
was repealed on 30 December 2006 after the relevant provisions of the Law
Enforcement (AFP Professional Standards and Related Measures) Act
2006 commenced.
’ A key objective of the Ombudsman is to foster good public
administration ...’
The Commonwealth Ombudsman can consider complaints about almost all
Australian Government departments and agencies and most contractors delivering
services to the community for, or on behalf of, the Australian Government.
The Ombudsman Act also confers five specialist roles on the Ombudsman:
- Defence Force Ombudsman—handling complaints by serving and
former members of the Australian Defence Force relating to their service
- Immigration Ombudsman—handling complaints about the
Department of Immigration and Citizenship
- Law Enforcement Ombudsman—handling complaints about the
conduct and practices of the Australian Federal Police and its members
- Postal Industry Ombudsman—handling complaints about
Australia Post and private postal operators registered with the Postal Industry
Ombudsman scheme
- Taxation Ombudsman—handling complaints about the ATO.
The Commonwealth Ombudsman is also the ACT Ombudsman in accordance with s 28
of the ACT Self-Government (Consequential Provisions) Act 1988
(Cth). The role of ACT Ombudsman is performed under the Ombudsman Act
1989 (ACT), and is funded in accordance with a memorandum of understanding
between the Commonwealth Ombudsman and the ACT Government. The ACT Ombudsman
submits an annual report to the ACT Legislative Assembly on the performance of
the ACT Ombudsman function. |
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