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Annual Report 2002-2003 NSW Ombudsman Contact details Annual Report 2002–2003 NSW Ombudsman Level 24 580 George Street Sydney NSW 2000 Annual Report 2002–2003 Hours of business: 9am–5pm Monday to Friday or at other times by appointment Phone: 02 9286 1000 Fax: 02 9283 2911 Toll free (outside Sydney): 1800 451 524 Tel. typewriter: 02 9264 8050 Web: www.ombo.nsw.gov.au Acknowledgements Complaining to the Ombudsman Our annual report is a public record Anyone can make a complaint to the Ombudsman. If you do not want to complain of our work and through it we are yourself, you can ask anyone — a relative, friend, lawyer, social worker, your accountable to the people of New South local member of parliament — to complain for you. Wales. How do I make a complaint? Our report is prepared against criteria Start by complaining to the agency you are dissatisfied with. If you need advice set out by NSW Treasury and the Annual at any time, you can phone us. If you are unhappy with the way an agency Report Awards. has handled your complaint, you can complain to us. Complaints should be in writing. Your complaint can be in any language. If you have difficulty writing a Thank you to all members of staff who letter — due to language or a disability — we can help. We can also arrange for contributed to this year’s annual report. translations, interpreters and other services. Editorial team What should I include with my complaint? Bruce Barbour, Ombudsman Briefly explain your concerns in your own words. Include enough information Chris Wheeler, Deputy Ombudsman for us to assess your complaint to determine the most appropriate response. Anita Whittaker, Manager Corporate Support For example, describe what happened, who was involved, when and where Lindy Annakin, Senior Investigation Officer the events took place. Remember to tell us what action you have already taken Janice McLeod, Editor and what outcome you would be satisfied with. Include copies of all relevant IndexAT, Indexing correspondence between you and the agency concerned. Design and layout What happens to my complaint? Chris Furse, Seruf Design A senior investigator will assess your complaint. Where appropriate we will phone Photography the agency concerned and make inquiries. Many complaints are resolved at this stage. If we are not satisfied with the agency’s response, we may investigate. Joseph Lafferty We do not have the resources to investigate every complaint, so priority is given Printing to serious matters, especially if it is an issue that is likely to affect other people. If Printed by Bloxham and Chambers on there are reasons why we cannot take up your complaint we will tell you. Monza Satin recycled paper. What happens in an investigation? 1,500 copies were designed, set and printed The first step in an investigation is to require the agency to comment on your at a cost of approximately $19 per copy. complaint and explain its actions. Generally, we will tell you what the agency has ISSN said and what we think of its explanation. Some matters are resolved at this stage and the investigation is discontinued. 1321 2044 If the investigation continues, it can take several months until a formal report is ISBN issued. We will tell you what is likely to happen. 0 7313 1286 4 If we find your complaint is justified, the findings are reported to the agency concerned and the relevant minister. You will be told of the conclusions and findings. In a report, the Ombudsman may make recommendations. We cannot force an agency to comply with our recommendations, however, most usually do. If they do not, the Ombudsman can make a special report to Parliament. What if I am unhappy with the Ombudsman’s actions? If you are unhappy with our decision you can ask for it to be reviewed. However, a decision will only be reviewed once. All reviews are conducted by a senior staff member and by someone other than the staff member originally assigned your complaint. To request a review, telephone or write to the complaints manager in the general, police or child protection team. If you are unhappy with any of our procedures write to: Clerk to the Committee Committee on the Office of the Ombudsman and the Police Integrity Commission Parliament House, Macquarie Street, SYDNEY NSW 2000 The committee monitors and reviews our functions. It cannot review our decisions about individual complaints. Integrity Openness Honesty Accountability Objectivity 1 NSW Ombudsman • Annual Report 2002–2003 Contents Ombudsman’s message 3 Who we are 4 About us 4 What we do 5 Our organisation 8 Highlights 10 Management overview 12 Where we are now: a snapshot 12 Letter to Parliament How we operate 17 October 2003 Investigations and complaint resolution 23 General complaint work 24 Local government 34 The Hon Meredith Burgmann MLC President Legislative Council Corrections 44 Parliament House Protected disclosures 53 Macquarie Street Freedom of information 57 Sydney NSW 2000 Scrutiny 63 Police 64 The Hon John Aquilina MP Child protection 78 Speaker Legislative Assembly Parliament House Legislative reviews 94 Macquarie Street Covert operations 100 Sydney NSW 2000 Community services 102 Handling complaints about community services 104 Dear Madam President and Mr Speaker Reviewing people in care 111 I am pleased to present our 28th annual report to the NSW Parliament. Inquiring into, monitoring and promoting quality services 115 This report contains an account of our work for the twelve months Reviewing deaths 117 ending 30 June 2003 and is made pursuant to ss.30 & 31 of the Ombudsman Act. Coordinating official community visitors 121 Educating and informing the sector and community 124 The report also provides information about my office’s functions under the Police Act and information that is required pursuant to the Annual Appeals 126 Reports (Departments) Act, Freedom of Information Act and Disability Witness protection 126 Services Act. The report includes updated material on developments and issues Reform 127 current at the time of writing (July-September 2003). Access and equity 129 Yours sincerely Corporate support 137 Financial statements 149 Appendices 166 Bruce Barbour Index 186 Ombudsman Publications list 189 Staff list 191 2 3 NSW Ombudsman • Annual Report 2002–2003 NSW Ombudsman • Annual Report 2002–2003 Ombudsman’s message We review the usefulness of systems and the conduct of individuals to ensure the delivery of a diverse range of fundamental services is of the best possible standard. In making judgements we bring to bear an extraordinary range and depth of skill and experience. As this report documents, the growth of this office and its responsibilities over the past few years has been significant. It becomes ever more important that we are strategic and proactive in the way we approach these responsibilities. We have worked hard to ensure that we encompass the opportunities brought by growth without in any way compromising our integrity and independence or the quality of our work. The continued strength of the office has rarely been more evident than in this reporting year. The amalgamation of the Community Services Commission brought with it the challenge of merging two organisations with their own histories, standards and cultures without compromising the The essential characteristic of this office is its integrity. It is core work of either. We had to integrate IT and personnel on this foundation that we have established our reputation functions as well as physically move more than 40 staff. as a leader in setting standards of effective administration. We conduct our business – which this year has expanded The newly established community services division significantly – with openness, honesty, accountability and was then restructured to ensure that staff could work as objectivity. We expect of others no more than we ask effectively as possible and new functions were appropriately of ourselves. supported. The new structure is also aligned with existing structures in the office, ensuring parity, but also allowing for Some key principles guide our work. These include flexibility and movement within the office. ensuring we have clear and accountable internal structures – good communication and sound policies, practices and That this has been possible is just one example of the procedures – as well as a consistent and fair approach to professionalism and dedication of our staff. I am indebted to issues and agencies. Giving reasons for our decisions is their commitment and loyalty and unfailingly impressed by one way in which we ensure that the standards we apply to the integrity with which they approach their work. complaints and notifications are consistent and reasonable. It also allows scrutiny of our work by those we serve. I am confident that we will continue to be responsive and open to the challenges of our expanded jurisdiction and We do not do our work by sitting back and waiting for functions in the year ahead. problems to arise. Neither do we impose solutions. We work closely with many organisations and individuals to help them identify strengths and weaknesses in their systems and performance, find solutions and implement practical and effective reforms. Bruce Barbour Working as we do for the public interest, it is essential Ombudsman that fairness and impartiality underpin all the decisions we make. We advocate neither for complainants or individuals nor for agencies, their staff or their policies and procedures. 2 3 NSW Ombudsman • Annual Report 2002–2003 NSW Ombudsman • Annual Report 2002–2003 About us Who we are The NSW Ombudsman is an independent and impartial watchdog body. Our job is to make sure that the public and private sector agencies and employees we watch over fulfil Corporate Plan their functions properly. We help agencies to be aware of their responsibilities to the public, to act reasonably and to comply with the law and best practice in administration.
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