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Annual Report 2017-2018 Ombudsman SA ANNUAL REPORT 2017/2018 REPORT ANNUAL Contacting Ombudsman SA Our business hours are 9.00am - 5.00pm, Monday to Friday Level 9, East Wing 55 Currie Street Adelaide SA 5000 Telephone 08 8226 8699 Facsimile 08 8226 8602 Toll free (outside metro area) 1800 182 150 Email [email protected] www.ombudsman.sa.go v.au Ombudsman SA Designed and printed by Openbook Howden Print & Design ANNUAL REPORT 2017/2018 OBH22325 What does What does Ombudsman SA values Ombudsman SA values Ombudsman SA do? Ombudsman SA do? Integrity - Impartiality - Fairness Integrity - Impartiality - Fairness Ombudsman SA investigates complaints about South Ombudsman SA investigates complaints about South Australian government and local government agencies Australian government and local government agencies under the Ombudsman Act 1972 as well as complaints under the Ombudsman Act 1972 as well as complaints Our Culture Our Culture about breaches of the service standards under the about breaches of the service standards under the Return to Work Act 2014. Ombudsman SA also Return to Work Act 2014. Ombudsman SA also Ethical Ethical conducts Freedom of Information reviews and receives conducts Freedom of Information reviews and receives referrals from the Independent Commissioner Against referrals from the Independent Commissioner Against Professional Professional Corruption to investigate allegations of misconduct Corruption to investigate allegations of misconduct and maladministration. and maladministration. Efficient Efficient The Ombudsman can receive information about state The Ombudsman can receive information about state Learning Learning and local government activities confidentially from and local government activities confidentially from whistleblowers. whistleblowers. Communicating Communicating If you’re not sure whether Ombudsman SA can help If you’re not sure whether Ombudsman SA can help you, we are happy to discuss your matter further. you, we are happy to discuss your matter further. Collaborating Collaborating If it is not under our jurisdiction, we will be happy to If it is not under our jurisdiction, we will be happy to point you to another agency who may be able to assist. point you to another agency who may be able to assist. Visit our website for further information about our Visit our website for further information about our services or to register a complaint directly online: services or to register a complaint directly online: www.ombudsman.sa.gov.au www.ombudsman.sa.gov.au Ombudsman SA Ombudsman SA Level 9, East Wing Level 9, East Wing 55 Currie Street 55 Currie Street Adelaide SA 5000 Adelaide SA 5000 Telephone 08 8226 8699 Telephone 08 8226 8699 Toll free 1800 182 150 (outside metro area) Toll free 1800 182 150 (outside metro area) Email [email protected] Email [email protected] www.ombudsman.sa.gov.au www.ombudsman.sa.gov.au The Honourable President LEGISLATIVE COUNCIL Parliament House Adelaide The Honourable Speaker HOUSE OF ASSEMBLY Parliament House Adelaide It is my duty and privilege to submit the South Australian Ombudsman’s Annual Report for 2017-18 to the Parliament, as required by section 29(1) of the Ombudsman Act 1972. Wayne Lines SA OMBUDSMAN Contents INTRODUCTION ................................................................................................................. 5 COMPLAINTS AND INVESTIGATIONS ..................................................................... 9 Ombudsman Act Jurisdiction .................................................................................................... 10 Return to Work Act Jurisdiction ............................................................................................... 20 Independent Commissioner Against Corruption Act Jurisdiction .................................. 23 Recommendations ....................................................................................................................... 25 AUDITS .................................................................................................................................. 27 FREEDOM OF INFORMATION ACT JURISDICTION ...........................................29 INFORMATION SHARING GUIDELINES ............................................................... 35 OTHER ACTIVITIES ......................................................................................................... 39 ABOUT OMBUDSMAN SA ........................................................................................... 43 Complaints about Ombudsman SA ......................................................................................... 44 Organisation Chart ...................................................................................................................... 47 Summary Data .............................................................................................................................. 48 APPENDICES ...................................................................................................................... 73 Appendix A Financial Statement .........................................................................................74 Appendix B Description of outcomes - Ombudsman jurisdiction .............................. 75 Appendix C Description of outcomes - Return to Work jurisdiction ......................... 77 Appendix D Description of outcomes - Independent Commissioner Against Corruption jurisdiction ..................................................................... 79 Appendix E Description of outcomes - Freedom of Information jurisdiction ......... 80 Appendix F Acronyms ........................................................................................................... 81 4 OMBUDSMAN SA ANNUAL REPORT 2017/18 INTRODUCTION Introduction 45 years serving South Australians The Office has an enduring and proud tradition of serving the public of South Australia. The expanding scope of the On 14 December 1972, the Ombudsman Act 1972 came Ombudsman’s functions and responsibilities is testimony into operation and the first South Australian Ombudsman, to Parliament’s confidence in the Office as an effective and Mr Gordon Coombe, was appointed. In his first annual report adaptable means of addressing citizen’s grievances and covering the period 14 December 1972 to 30 June 1973, promoting integrity in public administration. My staff and Mr Coombe reported an intake of 308 complaints relating to I do not take that confidence for granted and have worked 21 agencies. Fast forward 45 years to 2017-2018 and the hard to deliver on the expectations that have been placed Office of the South Australian Ombudsman has received on us. 4 4931 complaints relating to over 150 agencies. In this report I outline the work of the Office in discharging In the intervening period the Office has: my legislative functions. I believe that this overview • acquired jurisdiction over Universities and Local demonstrates not only the productivity of the Office Government councils but that the Office’s 45 year tradition of serving South Australians continues as strongly as ever. • become a review authority under the Freedom of Information Act 1991 • been designated an appropriate authority to receive disclosures of public interest information relating to public officers pursuant to the Whistleblowers Protection Act 1993 • been granted the power to conduct reviews of the administrative practices and procedures of an agency • at Cabinet’s request, accepted responsibility for promoting the Information Sharing Guidelines for Promoting Safety and Wellbeing • become an inquiry agency under the Independent Commissioner Against Corruption Act 2012 for the purpose of investigating allegations of misconduct and maladministration in public administration • been vested with the responsibility of investigating complaints against elected members of councils for breaches of the Code of Conduct under the Local Government Act 1999 • acquired jurisdiction to receive complaints about breaches of the service standards under the Return to Work Act 2014 • been given responsibility for reviewing compliance with the Criminal Law (Forensic Procedures) Act 2007 • been appointed as an oversight body with primary jurisdiction over prescribed child protection complaints under the Children and Young People (Oversight and Advocacy Bodies) Act 2016. 1 The total of complaints under the Ombudsman Act and Return to Work Act and referrals from ICAC. 6 OMBUDSMAN SA ANNUAL REPORT 2017/18 6.5% 44% Year at a Glance 6.5% 44% 6.5% 44% COMPLAINTS6.5% 44% RECEIVED UP BY 4196 COMPLAINTS 6.5% RESOLVED 6.5% 44% 6.5% 44% 69 66 FINAL INVESTIGATION RECOMMENDATIONS REPORTS ISSUED ISSUED 35 160 ICAC REFERRALS FOI EXTERNAL COMPLETED REVIEWS COMPLETED INTRODUCTION 7 8 OMBUDSMAN SA ANNUAL REPORT 2017/18 COMPLAINTS AND INVESTIGATIONS Ombudsman Act Jurisdiction Return to Work Act Jurisdiction Independent Commissioner Against Corruption Act Jurisdiction Recommendations Ombudsman Act Jurisdiction The Ombudsman Act 1972 empowers me to • does the complaint relate to matters of public investigate complaints about state government safety and security, the economic well-being departments and authorities and local government of South Australia, the protection of public councils (agencies). I am also able to undertake well-being, the protection of human rights investigations referred to me by Parliament and or the rights and freedoms of citizens? conduct investigations on my own initiative. • has the complainant suffered
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