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The Ombudsman VICTORIA Twenty-ninth Report of THE OMBUDSMAN 30 June 2002 Ordered to be printed VICTORIAN GOVERNMENT PRINTER 1999-2002 No. 190, Session 1999-2002 i ii 2001/2002 ANNUAL REPORT Contents TABLE OF CONTENTS THE YEAR IN REVIEW ...............................................1 NEW DEVELOPMENTS................................................5 Whistleblowers Protection Act.............................................. 5 Community Access and Youth Liaison Officer (CAYLO) ....... 11 POLICE COMPLAINTS.............................................. 16 Introduction ..................................................................... 16 Importance of the Monitoring Role...................................... 17 Sound Foundations ............................................................ 19 The Many Strands of Accountability.................................... 20 Police Research and Risk Unit ............................................ 21 Improving the System ........................................................ 25 ‘One Stop’ Investigations................................................... 29 Overcrowding and Conditions In Police Cells ....................... 34 Property in Custody........................................................... 45 Allegations of Corruption – Work In Progress ...................... 48 Statistics - 1992-2002........................................................ 52 GENERAL COMPLAINTS........................................... 56 Introduction ..................................................................... 56 Community Services and Health.......................................... 57 Corrections ...................................................................... 87 Local Government ............................................................101 Transport ........................................................................122 Education........................................................................132 Other Matters ..................................................................139 CONFLICT OF INTEREST ........................................147 FREEDOM OF INFORMATION ..................................154 Introduction ....................................................................154 Requests For Documents Held by the Ombudsman’s Office ...156 Complaints Against Other Agencies....................................157 TELECOMMUNICATIONS INTERCEPTION................167 MELBOURNE CITY LINK ACT..................................168 OFFICE OPERATIONS .............................................169 Summary of Activities ......................................................169 ADMINISTRATION, ORGANISATION AND STAFF......174 Establishment of Office ....................................................174 Legislation ......................................................................174 Mission...........................................................................176 Objectives.......................................................................176 Strategies........................................................................177 iii 2001/2002 ANNUAL REPORT Contents Staff...............................................................................180 Outreach .........................................................................182 Declaration of Interests ....................................................183 Publications ....................................................................183 FINANCIAL STATEMENTS .......................................185 iv 2001/2002 ANNUAL REPORT The Year in Review THE YEAR IN REVIEW Again, this year has been a busy one authority will investigate that for my office. I received disclosure. approximately 20,000 contacts from members of the public seeking The government has provided me assistance. with supplementary funding to enable me to employ three additional The greatest impact on the workload staff to fulfil the new responsibilities. of my office has been the The work generated has created an introduction of the new extremely heavy workload for my Whistleblower Protection legislation. office. This Act has imposed responsibilities upon the Ombudsman and, indeed, it As required by the new legislation, I may be said that the Ombudsman have formulated guidelines for plays a pivotal role in the new public bodies in dealing with the legislative scheme. receipt and investigation of disclosures. All public bodies The Ombudsman has been given the subject to the legislation must set up power to determine whether the within their own organisation information provided amounts to a procedures conforming with the Public Interest Disclosure. If it does, guidelines. the matter must be investigated I have the discretion to decide which This exercise has been an enlightening one for me. Since I was 1 2001/2002 ANNUAL REPORT The Year in Review appointed Ombudsman in 1995 I their administration or their have been encouraging, and, at provision of services to the public. times, cajoling, public bodies subject to my jurisdiction to set up their own Many public bodies have been very formal internal complaints handling responsive to the need for an internal systems. I have sought to do this for complaints system; others have been two reasons. less responsive. The new legislation now imposes a requirement on all Firstly, in the general jurisdiction of public bodies for setting up such a the Ombudsman, which covers state system. Those organisations which and local government administration, have already set up such systems I see my office as an office of last have had little difficulty in adjusting resort. Hence, when complainants to the new requirement, whilst those approach my office, but have not less diligent have had far greater attempted to resolve their concerns difficulty in establishing a system with the relevant public body, they under the new guidelines. are asked to do so. They are also invited to again contact my office if Any organisations in the latter they are not satisfied with the public category, who have complained body’s response. This not only about the onerous requirements of conserves my limited resources but the Ombudsman’s guidelines, have also, quite appropriately, gives the had short shrift from me. In my public body the first chance to opinion, the problem has been one of address the concerns of the their own making. I cannot possibly complainant. see how an efficient, competent, well-run organisation can carry on its Secondly, I believe that any public business without having a well oiled, body would reap the benefits of internal complaints handling system. having such an internal complaints handling system which, in my Another area of responsibility which opinion, is an essential management has required the employment of a tool. It alerts, or at least should alert, great deal of my resources this year managers in that organisation to has been Freedom of Information. what concerns are being raised about 2 2001/2002 ANNUAL REPORT The Year in Review Whilst the total number of complaints have been finalised complaints has not grown whilst others continue under significantly, the complexity of the investigation. complaints has increased. As outlined in the Freedom of In addition to dealing with the Information section of my Report, I individual complaints, I am also received a number of complaints, in examining on a broader basis the particular, complaints from Members State Trustees’ response to a report of the Parliament, about significant by the Auditor-General in respect to delays in obtaining a decision on its handling of matters involving access to information. The Freedom represented persons. of Information Act requires an agency to deal with an application This year also saw the final wash-up for access within 45 days. of the Richmond Secondary College Unfortunately, many delays of well demonstration investigation which I over 100 days have been conducted as long ago as 1994. At experienced. This problem, I trust, the time I made a number of has now been redressed following recommendations to the Chief the formulation by the Attorney- Commissioner of Police, including General of new guidelines with a the institution of disciplinary charges focus on timeliness. against some members of the force involved in dealing with that Another area in which I have demonstration. expended substantial resources is the State Trustees’ office. I received a The Chief Commissioner accepted considerable number of complaints my recommendations and initiated about the State Trustees as a result of disciplinary proceedings but those media attention given through radio proceedings were prevented from station 3AW. The station, through proceeding by a Supreme Court writ its solicitors, forwarded to me taken out by the members concerned. complaints received from its listeners The writ suspended those and, in addition, the media attention proceedings pending the completion generated complaints direct to my of civil process instigated by office. At the time of writing, some protestors against the members 3 2001/2002 ANNUAL REPORT The Year in Review involved. It was agreed between the That Memorandum of Understanding members charged and Police has now been agreed to and thus Command that, if the writ was concludes the issues arising from this removed, Police Command would ancient investigation. not proceed with the disciplinary hearings until the civil litigation was Finally, as a result of publicity given complete. to criticism in my last Annual Report
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