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Commonwealth Ombudsman Annual Report 2010–2011 Report Annual Ombudsman Commonwealth 2010–2011

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Commonwealth Ombudsman Annual Report 2010–2011 Report Annual Ombudsman Commonwealth 2010–2011 2010–2011 ANNUAL REPORT REPORT ANNUAL Commonwealth Ombudsman Annual Report 2010–2011 2010–2011 ANNUAL REPORT © Commonwealth of Australia 2011 ISSN 0814–7124 Subject to acknowledgement, noting the Commonwealth Ombudsman as the author, extracts may be copied without the publisher’s permission. Produced by the Commonwealth Ombudsman, Canberra Design: McShaman Design Printing: Elect Printing Stock: Pacesetter Satin PAGE ii | Commonwealth Ombudsman Annual Report 2010–11 Commonwealth Ombudsman Annual Report 2010–11 | PAGE iii Guide to the report Guide to the report In developing our annual report, we set out to meet the Appendixes and references parliamentary reporting requirements and to provide information to the community about the diverse nature The appendixes include: freedom of information of the complaints handled by our office. reporting; statistics on the number of approaches and complaints received about individual Australian There are a number of target audiences for our Government agencies; a list of consultants engaged report, including members of parliament, Australian during the year; and financial statements. We Government departments and agencies, other also include a list of tables and figures contained ombudsman offices, the media, potential employees in the body of the report, a list of acronyms and and consultants, and the general public. As some parts abbreviations, and the addresses for each of our of the report will be of more interest to you than others, offices. you can read this page to help work out which will be more useful. Each part is divided into sub-parts. Contacting the Commonwealth Overview Ombudsman Includes the Foreword, Chapter 1—Ombudsman’s Enquiries about this report should be directed to the review and Chapter 2—Organisation overview. These Director of Public Affairs, Commonwealth Ombudsman chapters form an executive summary of the principal ([email protected]). If you would like developments affecting the office’s work during the to make a complaint, or obtain further information year and its more significant achievements. The about the Ombudsman: overview outlines the office’s role, responsibilities, Visit: The Commonwealth Ombudsman has outcome structure and the organisation’s structure. offices in Adelaide, Brisbane, Canberra (our national office), Darwin, Hobart, Melbourne, Performance review Perth and Sydney. Hours: 9am–5pm (AEDT) Monday to Friday. Chapter 3—Performance report and Chapter 4— Addresses are available on our website and Management and accountability detail performance at the end of this report. against the Office’s one outcome and the Office’s Phone: 1300 362 072 (9am–5pm [AEDT] Monday to management and accountability arrangements. Friday)—not a toll-free number. Calls from mobile phones are charged at mobile phone The Ombudsman at work rates. Write to: GPO Box 442, Canberra ACT 2601 Chapter 5—Agencies overview focuses on particular Fax: 02 6276 0123 issues that arose in investigating complaints about Email: [email protected] individual agencies, provides examples of the diversity Website: www.ombudsman.gov.au (an online of complaint issues, how the Ombudsman’s office complaint form is available) helped people to resolve their complaint issues, and SMS: 0413 COM OMB (0413 266 662) (standard general administrative problems across government carrier rates apply) agencies. Heads of departments and agencies were Twitter: http://twitter.com/#!/CwealthOmb provided with an opportunity to comment on draft sections of this report that relate to their organisation. The Commonwealth Ombudsman Annual Report 2010–2011 is available on our website. Chapter 6—Helping people, improving government looks at the sort of remedies the office recommended agencies provide to complainants, as well as various measures to improve administration, including registering of administrative deficiencies against government agencies. Chapter 7—Engagement focuses on the ways in which the office engages with stakeholders (including agencies and the community) and works with our regional and international partners. PAGE iv | Commonwealth Ombudsman Annual Report 2010–11 Contents Contents Letter of transmittal iii Guide to the report iv Overview vii Foreword viii Feature: National Reconciliation Week ix Professor Jack Richardson AO (1920–2011) x Chapter 1—Ombudsman’s review 1 The Ombudsman at work 2 Indigenous issues 6 Stakeholder engagement, outreach and education 7 Communication and plain language 8 Internal management 9 The year ahead—outlook 2011–12 9 Chapter 2—Organisation overview 11 Organisation overview 12 Role and functions 12 Organisation and structure 13 History 13 The ombudsman in Australia 14 Similar organisations 14 Outcome structure 15 Chapter 3—Performance report 17 Performance report 18 Program key performance indicators 22 Outcome 1 22 Chapter 4—Management and accountability 31 Corporate governance 32 External scrutiny 36 People management 36 Financial management 40 Chapter 5—Agencies overview 43 Agencies overview 44 Commonwealth Ombudsman 45 Australian Customs and Border Protection Service 45 Centrelink 48 Child Support Agency 55 Comcare 61 Department of Education, Employment and Workplace Relations 63 Department of Climate Change and Energy Efficiency and Department of Sustainability, Environment, Water, Population and Communities 67 Department of Families, Housing, Community Services and Indigenous Affairs 72 Department of Health and Ageing 76 Fair Work Ombudsman 78 Medicare Australia 80 Monitoring and Inspections 82 Freedom of Information 86 Indigenous programs – Closing the Gap in the Northern Territory 87 Feature: Improving agencies’ use of Indigenous Interpreters 94 Defence Force Ombudsman 95 Department of Defence and the Australian Defence Force 96 Department of Veterans’ Affairs 98 Defence Housing Australia and Toll Transitions 100 Feature: Defence Portfolio Agencies Forum 101 Commonwealth Ombudsman Annual Report 2010–11 | PAGE v Contents Immigration Ombudsman 102 Department of Immigration and Citizenship 102 Feature: Immigration Detention – visits program 114 Law Enforcement Ombudsman 115 Australian Federal Police 116 Australian Crime Commission (ACC) 120 Attorney-General’s Department 120 Australian Commission for Law Enforcement Integrity (ACLEI) 120 CrimTrac 121 AUSTRAC 121 Feature: Australian Federal Police/Ombudsman Forum 122 Overseas Students Ombudsman 123 Overseas students 123 Feature: Safety net for overseas students 126 Postal Industry Ombudsman 127 Postal industry 127 Feature: Role of the Postal Industry Ombudsman 133 Taxation Ombudsman 134 Role 134 Australian Tax Office 134 Australian Prudential and Regulation Authority 143 Australian Securities and Investments Commission 144 Tax Practitioners Board 146 Insolvency and Trustee Service Australia 147 Feature: Tax Institute National Convention 148 Chapter 6—Helping people, improving government 149 Helping people, improving government 150 Good administration 151 Administrative deficiency 153 Chapter 7—Engagement 155 Engagement 156 Community engagement 156 Other highlights 156 Administrative law prizes 157 Review and research bodies 157 Engaging internationally 157 Future directions 160 Australasia and Pacific Ombudsman Region 160 Appendixes 161 Appendix 1—Freedom of information statement 162 Appendix 2—Presentations by staff 165 Appendix 3—Statistics 167 Appendix 4—Additional reporting on Postal Industry Ombudsman 175 Appendix 5—Consultancy services, advertising and market research 176 Appendix 6—Agency resource statement and resources for outcomes 178 Appendix 7—Financial statements 180 References 217 List of tables and figures 218 Abbreviations and acronyms 219 Compliance index 221 Alphabetical index 223 Contacts 233 PAGE vi | Commonwealth Ombudsman Annual Report 2010–11 Overview Foreword Foreword Foreword During 2010–11 the number of approaches and impartiality and impact on improving government complaints to our office continued to grow, reaching administration. We also received a positive evaluation almost 39,000, a four per cent increase on the previous of our website. We are using the survey results to help year. Of these 51 per cent were considered complaints us to further strengthen our working relationships with within our jurisdiction. We investigated 4468 separate the agencies we oversight. complaints during the year. Eight agencies account The second survey aimed to understand the level for 82 per cent of our complaints reflecting their major of public awareness of our office and potential service delivery responsibilities (Centrelink, Australia barriers to approaching us. We found that overall, Post, the Australian Taxation Office, the Department 66% of respondents were aware of the Ombudsman of Immigration and Citizenship, the Child Support (consistent with previous surveys). Of note was that Agency, the Departments of Defence and Veterans’ young people, particularly those aged 18–24 years, Affairs, the Department of Education, Employment were less likely to be aware of our services. Older and Workplace Relations, and the Australian Federal people were more likely to be aware of and positive Police). about the work of our office, but women were in We also published 13 formal reports during the general less aware than men. We will use these survey year across a diverse range of areas. We have results to better target our provision of information been heartened by the responsiveness to the about our service during the coming year. 80 recommendations in these reports by the Our responsibilities
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