10th World Conference of the International Ombudsman Institute IOI Members Handbook Speaking Truth to Power The Ombudsman in the 21st Century www.confer.co.nz/wcioi

WELLINGTON | 12 – 16 NOVEMBER 2012 SPEAKING TRUTH TO POWER – THE OMBUDSMAN IN THE 21ST CENTURY Contents Schedule Quick Reference

Foreword 1 Sunday 11th 9.00am -11.00am ExCom – preparatory meeting, Civic 2, Organising committee 2 Town Hall Conference Acknowledgements 2 11.30am – 4.30pm Meeting of the current board, Civic 2, Town Hall General Information 3 6.30pm – 9.30pm Board dinner, Shed 5

Nearest Facilities 4 Monday 12th Venue Map 5 9.00am – 12.00pm Meeting of the current board, Civic 2, Town Hall Speaker profiles 6 1.00pm – 4.30pm Regional group meetings x 6, Various – refer Conference Programme 40 to page 41 5.00pm – 6.30pm Informal meeting of current board with Sponsor profiles 57 new directors, Civic 2, Town Hall Conference Abstracts 58 Tuesday 13th 8.50am – 10.00am Powhiri/Formal Welcome, Renouf Foyer, Conference participants 182 MFC Wellington map Back cover 10.30am – 5.00pm General Assembly, Renouf Foyer, MFC 5.30pm – 7.30pm Parliamentary Speaker’s Reception, Grand’ Hall, Parliament Wednesday 14th 9.00am – 9.15am Conference opening and welcome remarks, Main Auditorium, MFC 9.15am – 12.30pm Plenary session, Main Auditorium, MFC 1.30pm – 3.30pm Parallel sessions (A – C), Main Auditorium, Renouf 1 and Renouf 2 4.00pm – 5.30pm Parallel sessions (D & E), Main Auditorium, Renouf 1 6.45pm – 8.15pm Optional Evening Activities: Carter Observatory or Zealandia Thursday 15th 9.00am – 10.30am Plenary session, Main Auditorium, MFC 11.00am – 12.30pm Parallel sessions (F – H), Main Auditorium, Renouf 1 and Renouf 2 1.30pm – 2.45pm Plenary session, Main Auditorium, MFC 3.15pm – 4.45pm Parallel sessions (I – K), Main Auditorium, Renouf 1 and Renouf 2 5.15pm – 6.30pm New Board Meeting to consider candidate presentations for ExCom posts & elect new post holders, Civic 2, Town Hall 7.00pm – 10.30pm Conference Dinner, Town Hall Auditorium

Friday 16th 9.00am – 10.15am Plenary session, Main Auditorium, MFC 10.45am – 12.15pm Parallel sessions (L – N), Main Auditorium, Renouf 1 and Renouf 2 1.00pm – 3.00pm Plenary session, Main Auditorium, MFC 3.00pm – 3.15pm Conference Closing/Poroporoaki, Main Auditorium, MFC 3.30pm – 5.00pm Meeting of the New Board, Civic 2, Town Hall Foreword

Dear Colleagues The New Zealand Office of the Ombudsman welcomes you to the 10th World Conference of the International Ombudsman Institute being held in Wellington from 12 – 16 November 2012. The IOI World Conference is a forum for Ombudsmen, or their equivalent, from around the world to meet to share their experience and expertise. Such an opportunity is particularly important at this time when public entities’ governance and administration arrangements worldwide are undergoing fundamental change, and where challenges to the Ombudsman’s role – political, social, economic and technological – mean that we have to review the way we do our work and how we may best ensure procedural fairness and administrative justice for all citizens.

Together with my colleague Ombudsman, Dr David McGee CNZM, and our staff, I look forward to engaging with you in debate and discussion and the prospect of a rich and diverse programme of topics and speakers providing a challenging assessment of the issues facing Ombudsmen everywhere. There will, of course, also be time for us to get to know one another better and to enjoy the unique New Zealand experience. With warm good wishes

Dame Beverley A Wakem DNZM CBE Chief Ombudsman of New Zealand President of the International Ombudsman Institute

IOI Members Handbook 1 Organising Conference committee Acknowledgements

Dame Beverley A Wakem Bridget Hewson, DNZM CBE Assistant Ombudsman Chief Ombudsman of Office of the Ombudsman, New Zealand, President New Zealand of the IOI Andrew Ecclestone, Tracey P.K Meredith LLB, Investigator Senior Business Advisor Office of the Ombudsman, Office of the Ombudsman, New Zealand New Zealand

Mr Peter Kostelka, Ms Ursula Bachler, Secretary General Administrator Ms Ulrike Grieshofer, Ms Karin Wagenbauer, Head of Unit Administrator

Professional Conference Organisers:

Conferences & Events Ltd Tel: +64 4 384 1511 Email: [email protected]

2 IOI Members Handbook General Information

Registration and Information Desk Coats The registration and information desk, located in the There will be a coat rack available in the registration area. Fletcher Challenge Foyer of the Michael Fowler Centre, Please talk to the registration desk staff. Items left are at will be open throughout the conference for enquiries, owner’s responsibility. accounts payment and messages. You can also contact Lounge Area the conference managers on 027 226 0339. Lion Harbourview Lounge will be available for delegates Name Badges to use as a lounge area for the duration of the conference. Badge security is in place throughout the conference. There will be a couple of computers with internet access Please wear your badge at all times to avoid being asked and some lounge furniture. for identification. Messages and Phones Presenters Messages received for participants will be put on the notice To ensure smooth running of your presentation, if you board by the registration desk. There are payphones in the are using any audio visual equipment (in particular data Wellington Foyer and in the Old Civic Suite. Please turn off projection slides or video or internet connections) please all pagers and mobile phones during conference sessions. report to the Speakers’ Preparation Room (Frank Taplin Smoking Room – behind the Main Auditoriuim in the MFC) at least two hours prior to your session. There will be a technical The Wellington Convention Centre is a smoke free venue. director there to load your presentation and check all is in Disabled Access order. All presentations must be loaded onto laptops prior The Wellington Convention Centre has full disabled access. to presentation. Presenters should note that all sessions Should you have any special requirements or require will be audio recorded and the plenary sessions will be assistance please ask any member of the staff, who will be video recorded. If any of the presenters have any issues happy to help. with being recorded then please contact Amy Abel at the registration desk or on 021 226 0337. Taxis Wifi and Internet Cafe Taxis are usually available immediately outside the main entrance to the Convention Centre from in front of the There is free wifi access throughout the venue. This is Amora Hotel (opposite). Phone: 04 384 4444. kindly being sponsored by LANworx. There is no need for a user name or password, please simply connect to the Toilets “Positivelywellingtonvenues” wireless. There will also be Male, female & disabled toilet facilities are located in all a couple of computers with internet access in the Lion foyers. Baby change facilities are also available in most harbourview Lounge. disabled toilets. Translation Parking Translation will be available from English into French Limited parking is available at the Michael Fowler Centre and Spanish in all Plenary Sessions and the parallel sessions car park. Parking is available from Monday to Friday for which take place in the Main Auditorium. a maximum of two hours between 8:00 am and 6:00 pm If you require a translation headset, please collect one from at $4.00 per hour. Unlimited Parking from 6:00 pm until outside the session hall door. Please ensure you return 8.00am is at $2.00 per hour. There are approximately these headsets at the end of the day. 88 car parks with 3 disability spaces also available. Teas and Lunches Alternative (or overflow) parking is also available at the Teas and lunches will be served in the Promenades around the Tournament Car Park on Wakefield Street opposite the Main Auditorium in the Michael Fowler Centre. Wellington Convention Centre. The early bird rate is $11.00 The caterers have been advised of special dietary per day (paid before 9.00am), or after 9.00am the casual requirements. If you requested a special diet in advance this rate is $4.00 per hour up to a maximum fee of $25.00. will be available for you. Please make yourself known to the The evening rate (6.00pm – 4.00am) is $2.00 per hour. catering staff who will obtain your special requirements. Vegetarians are catered for at the main buffets.

IOI Members Handbook 3 Nearest Facilities

Medical Centres Banks After Hours Medical Centre Westpac 17 Adelaide Road 74-76 Cuba Street 04 384 4944 0800 400 600 City GPs National Bank of NZ 189 Willis Street 13-27 Manners Street 04 381 6161 0800 18 18 18 General Health Service Providers BNZ CBD Physiotherapist 50 Manners Street 0800 800 468 AMP Chambers 187 Featherston Street ASB 04 916 6404 29 Manners Street City Osteopaths 0800 803 804 166 Featherston Street ANZ 04 499 1439 18-32 Manners Street Focal Point Optometrists 0800 269 296 AMI Plaza Kiwibank 342 Lambton Quay 2 Manners Street 04 472 6662 0800 11 33 55 Gentle Dental Centre The closest ATM to the Michael Fowler Centre/ 104-108 Dixon Street Wellington Town Hall is outside the Westpac Bank, 04 384 6046 74-76 Cuba Street. Evidence Based Chiropractic Post Offices 85 Victoria Street Manners Street 04 472 6476 43 Manners Street Unichem Perham Pharmacy 04 473 5922 58 Willis Street Public Transport 04 472 6221 The nearest bus stop is on Wakefield Street, opposite the Amora Hotel or on Manners Street (for those heading to Lambton Quay or the Railway Station).

4 IOI Members Handbook Venue Map

IOI Members Handbook 5 Speaker profiles

Hewitt Humphrey New Zealand – Conference Hewitt Humphrey, MC for teacher of speech, drama and Court and manages the JP Master of Ceremonies the conference, has had a public speaking. Court Panel. A Past-President career in radio and television of the Wellington Justices of Twice a year, he takes time broadcasting spanning almost the Peace Association, he is out from his radio work to 48 years. He has worked responsible for the training act as official MC for Royal as a presenter, interviewer, of new, provisionally Investiture ceremonies editor and newsreader on appointed JPs. at Government House in both media. Most of his work Auckland and Wellington. He Hewitt is the current has been with Radio New is also a marriage celebrant. President of the Rotary Club of Zealand, as a news presenter Wellington, an ambassador for and manager, where he Hewitt is a Visiting Justice Variety – The Children’s Charity is currently Manager of to prisons in the Wellington and is a member of the Presentation Standards with region. He also presides over Management Committee of responsibility for presenters, summary and infringement the NZ–UK Link Foundation. newsreaders and on-air offences, and bail hearings as He is a former President of training. He has also been a a Judicial Justice in the District Wellington Repertory Theatre.

Ann Abraham UK Parliamentary Ombudsman Ann Abraham was to 1997. Ann served on the Association (BIOA), initially as and Health Service Parliamentary Ombudsman UK Committee on Standards a member of BIOA’s Executive Ombudsman for England for the United Kingdom, and in Public Life from 2000 to Committee, then as Chair of 2002-2011, United Kingdom Health Service Ombudsman 2002. During her tenure as the Association from 2004 to for England from 2002 to Ombudsman Ann published 2006 and subsequently as a 2011. As Ombudsman, Ann her trilogy of ‘Ombudsman’s member of BIOA’s Validation was an ex-officio member Principles’: Principles of Committee. In 2010/2011 of the Administrative Justice Good Administration, she chaired a working group and Tribunals Council of Great Principles of Good Complaint reviewing BIOA’s Criteria for Britain. She was previously Handling and Principles for Recognition of Ombudsman Legal Services Ombudsman Remedy. These Principles Schemes. for England and Wales from have been widely endorsed 1997 to 2002 and Chief and adopted in the UK and Executive of the National beyond. Ann has had a Association of Citizens long involvement with the Advice Bureaux from 1991 British and Irish Ombudsman

6 IOI Members Handbook William P. Angrick II Citizens’ Aide/Ombudsman William P. Angrick II served as of the Administrative Law Ombudsman, Angrick served for the State of Iowa, USA, Citizens’ Aide/Ombudsman Section of the American Bar on the Political Science and 1978 – 2010, President of the for the State of Iowa, USA, Association (ABA), which Public Administration faculty International Ombudsman from 1978 until his retirement produced the 2001 Resolution of Drake University in Des Institute 2004 – 2010, United in 2010 He held the offices of expanding upon the ABA’s Moines, Iowa, USA, from 1973 States of America President of the United States original definition and to 1978. His primary teaching Ombudsman Association standards for Ombudsmen and research areas were (USOA) of Ombudsman and offices. He has made state and local government. President of the Board of numerous presentations Angrick’s graduate and Directors of the International and authored papers and undergraduate degrees in Ombudsman Institute (IOI). articles on ombudsmanship Political Science are from Angrick was a member of the and public administration, Purdue University in West Standards Committee of the including testifying before Lafayette, Indiana, USA. United States Ombudsman a Subcommittee of the Association which produced US Congress and the the 2003 Governmental Administrative Conference of Ombudsman Standards the United States on matters adopted by the USOA. relating to the establishment He was also member of the of ombudsman offices. Ombudsman Committee Prior to his appointment as

Michelle Bachelet Under-Secretary General Ms. Michelle Bachelet is the empowerment throughout in the Chilean Government and Executive Director of UN first Under-Secretary-General her career. One of her major as Minister of Defence Women, President of Chile and Executive Director of successes as President was and Minister of Health. 2006 – 2010 UN Women, which was her decision to save billions of As Defence Minister, Ms. established on 2 July 2010 by dollars in revenues to spend Bachelet introduced gender the United Nations General on issues such as pension policies intended to improve Assembly. UN Women works reform, social protection the conditions of women in with the entire UN system, programmes for women the military and police forces. governments, civil society and and children, and research As Minister of Health, she the private sector to advance and development, despite implemented health care women’s empowerment and the financial crisis. Other reform, improving attention gender equality worldwide. initiatives included tripling to primary care facilities with Ms. Bachelet most recently the number of free early child- the aim of ensuring better served as President of Chile care centres for low-income and faster health care from 2006 to 2010. A long- families and the completion of response for families. time champion of women’s some 3,500 child-care centres rights, she has advocated for around the country. She also gender equality and women’s held ministerial portfolios

IOI Members Handbook 7 Speaker profiles

Bruce Barbour Ombudsman, New South Bruce Barbour has been is a former Regional Vice Before his appointment Wales, Australia the New South Wales President of the International as Ombudsman, Bruce Ombudsman since June Ombudsman Institute, was a senior member 2000. He has 25 years representing the Australasian of the Commonwealth experience in administrative and Pacific Region of the Administrative Appeals law, investigations and IOI. He has played an active Tribunal and a member management. Bruce has led role in reforming the IOI of the Casino Control the office through significant and has been involved Authority. He was also change and growth, in projects aimed at a former Director of the including a merger with the strengthening the capacity Australian Broadcasting former Community Services of existing Ombudsman Authority. Commission in 2002. Bruce in the South Pacific.

Marco Bini Director, Policy and Marco is the Director, and administrative advice to and structural issues relating Coordination, Victorian Policy and Coordination the office including statutory to government entities. Auditor- General’s Office, Directorate in the Office of interpretation, contracting, Marco’s field of expertise is Australia the Victorian Auditor-General. application of public sector primarily in the governance The Directorate provides a legislation, and legal issues of government entities, public range of services to senior arising from audits. Marco law and the public sector. executive in the Office and to is frequently involved in Marco was instrumental in the Auditor-General himself advising on performance the development and passage including co-ordinating audits. Prior to this, Marco of the Victorian Public public events, client worked for 5 years in Administration Act 2004. relationships, liaison with Government branch within Prior to this, Marco has the Parliamentary Accounts the Victorian Department worked in a number of and Estimates Committee, of Premier and Cabinet. positions in the private and providing secretariat for the The branch provides a range public sector including with internal audit committee of advice to Cabinet and the Victorian State Revenue and internal auditor, aspects the Premier in areas such Office, Local Government of business planning and as public sector industrial Victoria, the Workcover other policy issues. Marco relations, intergovernmental authority and private also provides a range of legal agreements and relationships legal practice.

8 IOI Members Handbook Dwight L. Bishop Nova Scotia Ombudsman, Dwight Bishop was appointed Commissioner, Commanding in a number of community Canada Ombudsman for the Officer for Nova Scotia. During organizations including Province of Nova Scotia his time with the RCMP he the Law Enforcement on January 1, 2004, and led the provincial police Torch Run for the Special reappointed in January, 2009. force through emergency Olympics, and the WWII The Ombudsman’s legislative situations such as the Swissair Annual Remembrance Day mandate embraces general disaster and 9/11. Mr. Bishop Church Service Association. responsibilities with respect is a member of the Canadian The recipient of numerous to provincial and municipal Council of Parliamentary commendations, Mr. Bishop levels of government Ombudsman, Forum of has been awarded the Order and also includes specific Canadian Ombudsman, of Merit of the Police Forces, responsibilities in relation International Ombudsman Canada; the Queen’s Jubilee to children and youth, and Institute, an executive on the Medal; the RCMP Service disclosure of wrongdoing Canadian Council of Provincial Medal; the Order of St. John’s; (whistleblowing). He was Child Youth Advocates, a an Honourary Doctorate, Civil also Acting Review Officer, member of the Nova Scotia Laws from Acadia University; Freedom of Information Barristers’ Society, and a life service recognitions from the and Protection of Privacy member of the Canadian Government of Canada and for the Province of Nova Association of Chiefs of the Province of Nova Scotia; Scotia from January 2006 to Police. He was previously and was named an Honorary February 2007. Previous to his an executive member of Chief, Mi’kmaq First Nation. appointment as Ombudsman, the Criminal Intelligence A native of the Annapolis Mr. Bishop was a member of Service of Canada, and a Valley, Mr. Bishop is a the Royal Canadian Mounted Governor of the Canadian graduate of Acadia University Police (RCMP) for 34 years, Corps of Commissionaires, and Dalhousie Law School. retiring as an Assistant NS. He has been involved

Professor Jonathan Boston Victoria University of Jonathan Boston is Professor management, tertiary Wellington, New Zealand of Public Policy in the School education, social policy, of Government, Victoria comparative government, University Wellington. New Zealand politics and He served as Director of climate change policy, the Institute of Policy including 27 books and Studies during 2008-11. nearly 200 journal articles He has published widely and book chapters. in the fields of public

IOI Members Handbook 9 Speaker profiles

Alex F M Brenninkmeijer National Ombudsman Alex F.M. Brenninkmeijer 18, 2011 for a new six years mediator in a great variety of the Netherlands started his work as term. Mr Brenninkmeijer was of cases. He has published Ombudsman on 1 October professor of constitutional widely in this area and has 2005. As Dutch National and administrative law at set up a number of research Ombudsman he aims to the University of Leiden projects. He is a pioneer provide a service that is and at the same time held in the mediation field and easily approachable and a Chair in labour law and has contributed to the confidence-inspiring for ADR (mediation). He also professional development and members of the public has occupied various judicial quality assurance programme with complaints against posts at district court level of the Netherlands Mediation government. He encourages and as vice-president Institute. He has also authorities to pay more of the court of appeal. developed a master’s attention to the way they Alex Brenninkmeijer is a course in mediation in deal with individual citizens specialist in conflict analysis co-operation with the in concrete cases. Parliament and methods of conflict University of Amsterdam. re-appointed him on January resolution. He has been a

Arlene Brock National Ombudsman Arlene Brock was appointed mediators and conducted (judicial) Magistrate in for Bermuda by the Governor of Bermuda systemic reviews and strategic Family Court and Lecturer (in a competitive process and planning around the world in employment law. She after consultation with both with Conflict Management served as Chair of both the Premier and Opposition Inc. (corporate arm of the Permanent Arbitration Leader) as the island’s first the Harvard Negotiation Tribunal and the Police Ombudsman. She holds a B.A. Program which pioneered the Complaints Authority. from McGill University; a J.D. “interest-based” negotiation In 2009, Ms. Brock was (LL.B.) from York University / mediation methodology). elected to the Board of in Toronto and a LL.M. from She also interned with the N.Y. Directors of the IOI and Harvard Law School (her office of the U.N. Center for also as the Regional thesis: the International Human Rights. Ms. Brock was Vice-President for the Human Right to Reproductive recruited home to Bermuda Caribbean and Latin America. Health). Ms. Brock worked as Principal for Strategic in insolvency litigation in Initiatives of a reinsurance Toronto and reinsurance company and later consulted litigation in Bermuda. She to the Ministry of Labour. trained negotiators and She was also an Acting

10 IOI Members Handbook Judge Sir David J Carruthers Chairman NZ Parole Board Born and raised in Pahiatua, Chief District Court Judge, large number of international 2005-2012, New Zealand David Carruthers graduated in a position he held until his and national conferences 1962 from Victoria University retirement in 2005. In his and has been an author of a in Wellington, New Zealand, former role as the Chair of number of papers presented with an LLB and completed the New Zealand Parole in overseas seminars. his LLM (Hons) in 1964. Board, Judge Carruthers In 2002, he chaired the Judge Carruthers practised in has long been an advocate Ministerial Taskforce on Wellington before returning for alternative dispute Youth Offending. Judge Sir to practice law in his home resolution and an outspoken David Carruthers was made town of Pahiatua. A move supporter of restorative and a Distinguished Companion to Palmerston North and therapeutic justice initiatives. of the New Zealand Order his own practice preceded Judge Carruthers holds of Merit in 2005 for his being appointed a Family that it is better to involve services to the District Courts. Court Judge and Youth Court communities directly in He was knighted by the Judge in Wellington in 1985. the criminal justice system Governor-General in 2009. In 1995 Judge Carruthers in order to obtain better Judge Carruthers is currently was appointed Principal outcomes which reduce crime Chairman of the Independent Youth Court Judge and in and acknowledge victims’ Police Conduct Authority in 2001 he was appointed as concerns. He has spoken at a New Zealand.

Mai Chen Founding Partner, Chen Mai Chen is a founding contributed to 7 books and Mai also sits on the New Palmer New Zealand Public partner of Chen Palmer major reports, mainly in the Zealand Law Society Public Law Specialists and Professor New Zealand Public and public law area. Mai won Next and Administrative Law (Adjunct) of Commercial and Employment Law Specialists, Magazine’s Business Woman Committee. Mai was in the Public Law at the University of Barristers and Solicitors, which of the Year in 2011. Formerly 2009 and 2010 Unlimited Auckland Business School, has won the best Boutique a Senior Lecturer at Victoria magazine’s top Influencers New Zealand Law Firm in 2010, and the University Law Facility in List. Mai has a First Class Law best Public Law Firm in the Wellington, Mai has also sat Honours degree from Otago New Zealand Law Awards in on the Securities Commission, University, a Masters degree 2007, 2008, 2009, 2010, and the New Zealand Board from Harvard Law School, is 2011 Finalist in Employment of Trade and Enterprise’s a fellow of the New Zealand Law. Mai is also Professor Beachheads Programme, the Institute of Management, (Adjunct) in Commercial and Asia New Zealand Foundation, and an Honary Associate of Public Law at the University the Advisory Board of AMP Auckland University of Auckland Business School Life Limited (NZ), and is Chair of Technology. as of 1 January 2011. of the Advisory Board of Mai is the author of “Public New Zealand Global Law Toolbox”. Mai has Women and President of published about 100 articles the Harvard New Zealand and conference papers and Alumni Association (NZ).

IOI Members Handbook 11 Speaker profiles

Fong Man Chong Commissioner Against Fong Man Chong is the Court of Penal Prosecution of Law of the University of Corruption of Macao SAR Commissioner Against and the Administrative Court. Macau and had given lectures Corruption of Macao SAR. On 4th November 2009, he to students of the Bachelor’s He obtained his bachelor’s was promoted to the Judge and the Master’s Program in and master’s degree (majoring of the Court of Second different subjects. In addition in criminal jurisprudence) Instance. In 2002, Dr. Fong to tutoring various courses from the University of Macau, took the position of standing held by the Legal and Judicial and a doctoral degree from member of the Pedagogic Training Centre, the Macao the Faculty of Law of the Council of the Legal and Polytechnic Institute and the Renmin University of China, Judicial Training Centre. Not Academy of Public Security specializing in administrative only was he assigned the Forces, he also lectured law. Dr. Fong joined the President of the Management apprentice lawyers on the public service of Macao in Committee of the Legislative course on civil litigation law March 1987. In 1998, he was Assembly Election held in held by the Macao Lawyers appointed the Judge of the 2001, 2005 and 2009, but Association. Moreover, he has Court of General Jurisdiction. was also a member of the published a series of books Before he was promoted to Management Committee of and articles covering different the President of the Collegiate the Chief Executive Election of aspects of jurisprudence. Bench of the Court of First Macao SAR in 2004 and 2009. Instance in September 2002, Between 1996 and 2009, he served as the judge of the Dr. Fong taught in the Faculty

12 IOI Members Handbook Rt Hon Helen Clark Administrator of the United Helen Clark became the and multi-faith society. Helen Helen Clark came to the Nations Development Administrator of the United Clark advocated strongly for role of Prime Minister after Programme, Prime Minister Nations Development New Zealand’s comprehensive an extensive parliamentary of New Zealand 1999 – 2008 Programme on 17 April 2009, programme on sustainability and ministerial career. First and is the first woman to and for tackling the problems elected to Parliament in 1981, lead the organization. She is of climate change. Her Helen Clark was re-elected to also the Chair of the United objectives have been to her multicultural Auckland Nations Development Group, establish New Zealand as constituency for the tenth a committee consisting being among the world’s time in November 2008. of the heads of all UN leading nations in dealing Earlier in her career, she funds, programmes and with these challenges. chaired Parliament’s Foreign departments working on Helen Clark was also an Affairs Committee. Between development issues. Prior to active leader of her country’s 1987 and 1990, she was a her appointment with UNDP, foreign relations and policies, Minister responsible for first, Helen Clark served for nine engaging in a wide range the portfolios of Conservation years as Prime Minister of of international issues. and Housing, and then New Zealand, serving three As Prime Minister, Health and Labour. She successive terms from 1999 – Helen Clark was a member of was Deputy Prime Minister 2008. Throughout her tenure the Council of Women World between August 1989 and as Prime Minister, Helen Clark Leaders, an international November 1990. From that engaged widely in policy network of current and former date until December 1993 development and advocacy women presidents and prime she served as Deputy Leader across the international, ministers whose mission is of the Opposition, and then economic, social and cultural to mobilize the highest-level as Leader of the Opposition spheres. Under her leadership, women leaders globally for until winning the election New Zealand achieved collective action on issues of in November 1999. Prior to significant economic growth, critical importance to women entering the New Zealand low levels of unemployment, and equitable development. Parliament, Helen Clark and high levels of investment Helen Clark held ministerial taught in the Political Studies in education and health, responsibility during her nine Department of the University and in the well-being of years as Prime Minister for of Auckland. She graduated families and older citizens. New Zealand’s intelligence with a BA in 1971 and an MA She and her government agencies and for the portfolio with First Class Honours in prioritized reconciliation of arts, culture and heritage. 1974. She is married to and the settlement of She has seen the promotion Peter Davis, a Professor at historical grievances with of this latter portfolio as Auckland University. New Zealand’s indigenous important in expressing people and the development the unique identity of her of an inclusive multicultural nation in a positive way.

IOI Members Handbook 13 Speaker profiles

Phil Clarke Ombudsman, Queensland, Phil Clarke, Queensland’s of the Queensland Civil and Diploma of Teaching from Australia sixth Ombudsman, since Administrative Tribunal Griffith University and a January 2011. He took up and reforms to the civil and Bachelor of Applied Science the role of Ombudsman criminal justice system in from the Queensland after a 26-year career in the Queensland. He also led University of Technology. Queensland Public Service, the implementation of including executive roles local government reforms in education and training, in Queensland, halving the local government and justice number of local councils. administration. During his Mr Clarke holds a Master of career in the public sector, he Regional Science from the oversaw the establishment University of Queensland,

Roberta Clarke Regional Program Director for Roberta Clarke is the Regional been the Vice President of Advisory Council of Interights the Caribbean Regional Office Programme Director of UN the Trinidad and Tobago as well as the International of UN Women Women Caribbean Office. Family Planning Association, Council for Human Rights She is a sociologist and Editor of the legal journal Policy. She is the mother of attorney at law with a of the Law Association of four children. specialisation in human Trinidad and Tobago “The rights law. She has written Lawyer” and Board member on gender and development of the organisation- Women, including on violence Law and Development against women and gender International. Roberta has mainstreaming. She has also been a member of the

Professor Andrew Coyle CMG PhD FKC Emeritus Professor of Prison Andrew Coyle CMG PhD FKC Board for Scotland, the UK The Prisons We Deserve, Studies in the University of is Emeritus Professor of Prison Administrative Justice and Managing Prisons in a London and Visiting Professor Studies in the University of Tribunals Council and the UK Time of Change, A Human in the University of Essex, London and Visiting Professor Foreign Secretary’s Expert Rights Approach to Prison United Kingdom in the University of Essex. Committee against Torture. Management (published in He has a PhD in criminology He is a prisons adviser to the 16 languages), Humanity in from the Faculty of Law in the UN High Commissioner for Prison and Understanding University of Edinburgh and Human Rights, the UN Office prisons: Key issues in is a Fellow of King’s College on Drugs and Crime, the UN policy and practice. He was London. Between 1997 Latin American Institute, the appointed a Companion of and 2005 he was founding Council of Europe, including the Order of St Michael and Director of the International its Committee for the St George in 2003 for his Centre for Prison Studies. Prevention of Torture, and contribution to international Previously he worked for 25 several national governments. penal reform. years at a senior level in the He has recently drafted a prison services of the United Code of Ethics for Prison Staff Kingdom. He is a member of on behalf of the Council of the Judicial Appointments Europe. His books include

14 IOI Members Handbook Jeannine Mireta Upokoina Daniel Assistant Ombudsman, Miss Jeannine Daniel, the Ombudsman Act 1984, implementation of the Official Cook Islands Assistant Ombudsman, and any other legislation. Information Act Training 37 years old, has been The Office is responsible program throughout the employed by the Office of for administering the 70 government ministries; the Ombudsman in the Cook Ombudsman Act 1984, the crown agencies, island Islands since 2007 and has in Official Information Act 2008, administrations and councils the last 10 months managed Disability Act 2008 which fall under the ambit the Office of the Ombudsman and establishing a human of the OIA, including public following the resignation rights mechanism in the sector record keeping of Ombudsman, Ms Janet Cook Islands. reviews and workshops, Maki. Her role is to assist the community meetings for the Jeannine is solely Ombudsman in fulfilling wider community and Non- responsible for the delivery his/her functions under Government Organisations. and management of the

P. Nikiforos Diamandouros European Ombudsman P. Nikiforos Diamandouros is College, Athens, Greece. and the National Council the European Ombudsman. From 1983 to 1988, he for Administrative Reform From 1998 to 2003, he was was Program Director for respectively. In 2000, he was a the first National Ombudsman Western Europe and the participant in the Bilderberg of Greece. He has also been Near and Middle East at Conference. Since 1990, he Professor of Comparative the Social Science Research has been co-chair of the Politics at the Department Council, New York. From Subcommittee on Southern of Political Science and 1988 until 1991, he was Europe of the Social Science Public Administration of the the Director of the Greek Research Council, New York, University of Athens since Institute for International and whose activities are funded by 1993 (currently on leave). Strategic Studies, Athens, a grant from the Volkswagen From 1995 to 1998 he served a policy-oriented research Foundation. He is also joint as Director and Chairman of organisation established General Editor of the Series the Greek National Centre for with joint funding from on the New Southern Europe Social Research (EKKE). He the Ford and MacArthur published by the Johns received his B.A. degree from Foundations. In 1997, he held Hopkins University Press and Indiana University (1963) and an appointment as Visiting the recipient of Fulbright and his M.A. (1965), M.Phil. (1969) Professor of political science National Endowment for the and Ph.D. (1972) degrees at the Juan March Centre Humanities research grants. from Columbia University. for Advanced Studies in the He has written extensively Prior to joining the faculty Social Sciences (Madrid). He on the politics and history of the University of Athens has served as President of of Greece, Southern Europe in 1988, he held teaching the Greek Political Science and Southeastern Europe and research appointments Association (1992-98) and of and, more specifically, on at the State University of the Modern Greek Studies democratisation, state and New York and Columbia Association of the United nation-building, and the University respectively States (1985-88). In 1999 relationship between culture (1973-78). From 1980 to and 2000, he was appointed and politics. 1983, he served as Director member of Greece’s National of Development at Athens Commission on Human Rights

IOI Members Handbook 15 Speaker profiles

Leo Donnelly Deputy Ombudsman, Leo Donnelly is Deputy September 2004. As Deputy on Information Law and good New Zealand Ombudsman of New Zealand. Ombudsman, Leo is Head administrative practice He graduated from Victoria of Professional Practice and issues for over 25 years. University of Wellington and assists the New Zealand He is recognised as a leading was admitted as a Barrister Ombudsmen to carry out authority on the operation and Solicitor in 1981. After their statutory investigation of Freedom of Information working initially for the and review functions under legislation in New Zealand. Parliamentary Counsel the Ombudsmen Act, the He has written papers and Office, he joined the Office Official Information Act, the addressed seminars both in of the Ombudsmen in Local Government Official New Zealand and overseas on 1985 as an investigating Information and Meetings issues relating to procedural officer in the Official Act, the Protected Disclosures fairness, good administrative Information Act section of Act and the Crimes of Torture practice, and the operation the Office. He was appointed Act. Leo has played a major of New Zealand’s official Assistant Ombudsman advisory role to the information legislation and in November 1996 and New Zealand Ombudsmen its interaction with public Deputy Ombudsman in and public sector agencies records legislation.

Andrew Ecclestone Head of FOI Policy Branch, Andrew Ecclestone has During this period, he Bank Institute, governments, Department of Constitutional worked on Freedom of also represented the UK in information commissioners, Affairs, UK 2001 – 2003 Information issues since 1993, negotiating the Council of and civil society in Mexico, when he started working for Europe Recommendation Serbia, Indonesia, Cambodia, the UK Campaign for Freedom 2002(2) on Access to Official the Solomon Islands, of Information. After 8 years’ Documents. Since 2006, he Bangladesh and Australia, work with the Campaign, has worked in the Office of and works as a researcher success was achieved when the Ombudsman in New and consultant from time to Parliament enacted the Zealand, but is speaking here time. He organized the 5th Freedom of Information in a personal capacity. He has International Conference of Act 2000. Following this, a BA (Hons) in History from Information Commissioners he was seconded to the UK the University of Sussex, and for the New Zealand government department a Masters in Public Policy Ombudsman in 2007, and with responsibility for leading from Victoria University of was a speaker at the 3rd ICIC work on implementation Wellington. He has spoken in Mexico in 2005 and the 7th of the Act from 2001-3, as at workshops and provided ICIC in Canada in 2011. Policy Manager for FOI. advice on FOI to the World

Sir Brian Elwood Chief Ombudsman of A retired Barrister and Currently Chairman of the New Zealand 1994 – 2003 Solicitor. Former Chief Kiwifruit New Zealand Board. and President of International Ombudsman of New Zealand. Ombudsman Institute Former President of the 1999 – 2002 International Ombudsman Institute.

16 IOI Members Handbook Chris Field Ombudsman Western Australia Chris Field is the Western Law and Policy, numerous Consumer Law Centre Australian Ombudsman. He articles on law, economics Victoria; Chair, Australian concurrently holds the roles and public policy and the Consumers’ Association of Energy Ombudsman and ‘Consumer Dealings’ editor (now Choice); Chair, State Records Commissioner. of the Australian Business Consumer Utilities Advocacy He is an Adjunct Professor Law Review. Immediately Centre, Director, Energy in the Faculty of Law at the prior to his appointment and Water Ombudsman University of Western Australia as Ombudsman he was Victoria and lawyer, Arthur and holds a Professorial an inaugural Member of Robinson and Hedderwicks Chair in Consumer Law at La the Economic Regulation (now Allens Arthur Robinson). Trobe University. He is the Authority, Western Australia. He holds Arts and Law author of the university text, His previous roles include (Honours) degrees. Current Issues in Consumer Executive Director,

Karen Finnegan Deputy-Director of Government Karen Finnegan is the first administration of FOIA, and the Board of the American Information Services, US Deputy Director of the Office to serve as the government- Society of Access Professionals National Archives & Records of Government Information wide FOIA Ombudsman. Ms. (ASAP), including service Administration, United States Services (OGIS), which is part Finnegan has served as an as President, Treasurer, and of America of the National Archives and Attorney, Program Manager, National Conference Chair. Records Administration. and leader with extensive Ms. Finnegan graduated The mission of OGIS is to experience in multiple from The Pennsylvania review agency compliance Federal agencies, working on State University and Temple with the Freedom of Freedom of Information Act University School of Law Information Act (FOIA), to (FOIA) and related programs. and served in a judicial provide mediation services Over a 14-year career, she clerkship in the U.S. District to resolve FOIA disputes, has developed an expertise Court for the Eastern District to recommend policy in transparency and open of Pennsylvania. changes to Congress and government issues. For nearly the President to improve the 10 years she has served on

Arne Fliflet Ombudsman, Norway Arne Fliflet was born in 1946 public administration and in a The Storting appointed and received his law degree private practice. Arne Fliflet as Parliamentary in 1971. Ombudsman for the first time From 1976 to 1986, he worked in 1990. He has subsequently He was a university lecturer at the office of the Attorney been re-elected five times, in jurisprudence at Oslo General, interrupted by a the last appointment being University in 1973 and has study period in London in in 2009. subsequently lectured on 1979 and a period as Public public law at the Universities Prosecutor at the Eidsivating Arne Fliflet has published of Oslo, Bergen and Tromsø, Public Prosecutor’s office in specialist literature on public as well as acting as examiner 1980-81. He was granted right law both in book form as well in this field. of audience in the Supreme as articles. Court in 1978 and was He was Assistant Judge in permanent counsel for the Førde in Sunnfjord in 1974 defence in Eidsivating Court to 1975. From 1975 to 1990 of Appeal from 1989 to 1990. he practiced law, both in

IOI Members Handbook 17 Speaker profiles

Dr Tom Frawley CBE Ombudsman, Northern Ireland In September 2000 in the Western Health and In 2003 Tom Frawley received Tom Frawley was appointed Social Services Board, at the an honorary doctorate from Assembly Ombudsman age of 31 the youngest person the University of Ulster. The and Northern Ireland in the UK to be appointed award acknowledged his Commissioner for Complaints. to such a post, and in 1985, impressive track record of Born in 1949, Tom moved following the implementation public service. In November to Belfast as an eleven year- of the Griffiths Report, he 2006, Tom was elected as the old from his native Limerick. was appointed as the Board’s Vice President of the World He studied at St Mary’s General Manager, a post he Board of the International Grammar School in Belfast held until September 2000. Ombudsman Institute (IOI), and graduated from Trinity In 2001, as Ombudsman, and is currently a Director of College, Dublin in 1971. the Standards and Privileges the European Board of the Following graduation in Committee of the Assembly Institute. In 2008 Tom was 1971 he joined the asked that he become the awarded a CBE in the New National Health Service. interim Commissioner for Year Honours List. Tom has In 1973 he was appointed Standards at the Assembly. In a keen interest in public and Unit Administrator at the June 2002, at the invitation of current affairs and in outdoor Ulster Hospital, Dundonald the Office of the First Minister activities generally but and his career in the health and Deputy First Minister, he especially rugby and gaelic service later took him to became the chair of the Panel football, both of which he has North and West Belfast and of Experts that was appointed played in the past. Lisburn. In 1981 he became to support the Review of Chief Administrative Officer Public Administration.

Professor Andrew Goldsmith Strategic Professor in Andrew Goldsmith is and accountability, and has Among his current research Criminology and Criminal Executive Director, Centre published extensively in this interests is the significance of Justice, Flinders Law School, for Transnational Crime area, including two books on social media for public sector Adelaide and Adjunct Professor, Prevention, and Professor civilian oversight of policing. accountability. Regulatory Institutions of Law, University of In 2010, he established the Network, College of Asia and Wollongong, NSW, Australia. Integrity Studies program at the Pacific, Australian National He holds degrees in law, the University of Wollongong. University, Canberra, Australia criminology and sociology, In November 2011, he was and has practised law in the keynote speaker at the South Australia and Victoria. Australian Public Sector Anti- He has a longstanding Corruption Conference in interest in police governance Fremantle, Western Australia.

18 IOI Members Handbook Nathaniel Heller Executive Director, Global Nathaniel Heller has government accountability; In 2002 he joined the State Integrity, United States of split his time between his work was covered by Department, focusing on America social entrepreneurship, the Associated Press, The European security and investigative reporting and Washington Post, The New transatlantic relations. traditional public service since York Times, Los Angeles He later served as a foreign 1999, when he joined the Times, USA Today, Chicago policy fellow to the late- Center for Public Integrity and Tribune, Moscow Times, Senator Edward Kennedy in began, along with Marianne The Guardian (London), and 2004. In 2005, Heller returned Camerer and Charles Lewis, Newsweek. His reporting on to head Global Integrity as an to develop the Integrity the human rights impact of independent international Indicators and conceptual post-9/11 U.S. military training organization and has led the model for what would abroad won awards from group since. You can learn become Global Integrity. both Investigative Reporters more about Nathaniel by At the Center, Heller reported and Editors and the Society visiting http://integrilicio.us on public service and for Professional Journalists.

Professor Philip Joseph School of Law, University of Philip Joseph is Professor The Laws of New Zealand, Russell McVeagh and has Canterbury, New Zealand of Law at the University of and authored the chapter been advisor to government Canterbury, New Zealand “The Judicial System” for the departments, parliamentary specialising in public law. government publication, select committees and He is the author of the Te Ara – the Encyclopaedia corporate and private text Constitutional and of New Zealand. He has clients. He is on the editorial Administrative Law in contributed to specialist advisory boards of Public New Zealand (3rd ed), books of essays and has Law Review (Sydney) and Wellington, Thomson published widely in the legal New Zealand Journal of Brookers, 2007, which is periodicals. In 2004 he was Public and International currently being revised for a awarded the degree of Law (Wellington), and is fourth edition. He contributed Doctor of Laws in recognition a Contributing Editor to the “Administrative Law” and of his research contributions. New Zealand Law Review “Constitutional Law” titles Professor Joseph is (Auckland). for the legal encyclopaedia Consultant to the law firm

IOI Members Handbook 19 Speaker profiles

Young-ran Kim Chairperson Anti-corruption Ms Young-ran Kim has been had worked as a judge for She holds LL.B.(1979) and and Civil Rights Commission, the Chairperson of ACRC since 30 years(1981-2010), LL.M.(1983) from School of Republic of Korea January 2011. She is playing including 6 years(2004-2010) Law, Seoul National University. an active role in enforcing as the first female Justice of of the newly passed Act the Supreme Court in Korea. on the Protection of Public As a judge, she had tried to Interest Whistleblowers. accomplish the social justice She was elected to the Asian by listening to the voices of Directors on the IOI Board of socially disadvantaged people Directors in August 2011. She and minorities.

Dr Richard Kirkham School of Law University of Dr Richard Kirkham has been which analysed the the various ways by which the Sheffield, United Kingdom researching the ombudsman constitutional role of the ombudsman’s work can be institution for almost ten years ombudsman in the 21st called to account. and has written extensively century. Dr Kirkham’s on the subject. In 2011 his current research is centred book “The Ombudsman on exploring the different Enterprise and Administrative means by which the Justice” (co-authors T. Buck ombudsman institution can and B. Thompson – Farnham: demonstrate its impact, as Ashgate) was published well as the effectiveness of

Dr Peter Kostelka Secretary-General, Ombudsman and IOI 1974. In 1990, he was briefly a Institute (IOI) since 2004: International Ombudsman Secretary General Dr. Peter member of the Federal Council First as chair of the European Institute and Ombudsman, Kostelka obtained a degree before he was appointed region, and since June 2009 Austria in law from the University of State Secretary in the Federal as its Secretary General. Vienna. He was an Assistant Chancellery. From 1994 to Professor at the Institute of 2001, Kostelka was a member State and Administrative Law of the National Council and of the University of Vienna for chair of the Social Democratic two years. Parliamentary Group. Kostelka began his political Kostelka has been an career in the Parliamentary ombudsman since 1 July 2001 Group of the SPÖ, whose and has also been active in secretary he was starting from the Inter­national Ombudsman

20 IOI Members Handbook Professor Irena Lipowicz Human Rights Defender, In 1976, Irena Lipowicz in Europe (OSCE); she was held the office of Managing Republic of Poland graduated with honours also a member of the Foreign Director of the Foundation for from the Faculty of Law Affairs Committee. Since Polish – German Cooperation. and Administration of the 1998, a Professor of Cardinal Decorated with the Knight’s University of Silesia, and Stefan Wyszyński University Cross of the Order of Polonia started to work there. In in Warsaw; currently the Head Restituta, Granted the Edward 1981, she acquired the title of its Administration Law J. Wende award as well as of the Doctor of Law, and and Local Self-Government the award of Grzegorz Palka in 1992 the title of Doctor Department. Between 2000 for the services rendered to Habilitatus. Since 1980, Irena and 2004, she held the office local self-government. In Lipowicz has been a member of Ambassador Extraordinary 2009, awarded the degree of “Solidarność” Trade Union and Plenipotentiary of the of Doctor honoris causa by and she was a founding Republic of Poland to Austria. the Osnabrück University. member of its Upper Between 2004 – 2006, she She was also awarded the Silesian division. Between served as the Ambassador Grand Decoration of Honour 1991 – 2002, a Sejm deputy; – Representative of the in Gold for the Services to she was a member of the Minister of Foreign Affairs for the Republic of Austria, the Constitutional Committee of Polish – German relations. Grand Cross of the Order of the National Assembly which Elected to the College of the Merit of the Federal Republic drafted the Constitution Supreme Audit Office for the of Germany, as well as of 1977. Since 1977, she years 2005 – 2010. Between decorations of the provinces has chaired the Local Self – 2006 and 2010, a teacher of Styria and of Upper Austria. Government Committee of of Warsaw School of Social On 10 June 2010, Professor the Sejm; she was a Deputy Sciences and Humanities. Irena Lipowicz was appointed Chairman of the Freedom Between 2008 and 2010, a by the Sejm and the Senate of Union Parliamentary Club as member of the Committee the Republic of Poland as the well as of the parliamentary on Legal Sciences of the Human Rights Defender. assembly of the Organization Polish Academy of Sciences. for Security and Co-operation Between 2008 and 2010, she

Advocate Thulisile Madonsela Public Protector of South Africa Advocate Thulisile Madonsela, legal drafting and public several other laws enacted to was appointed as South administration. transform the South African Africa’s third Public Protector legal system since 1994 She is one of drafters of in October 2009. A human including the Promotion of South Africa’s democratic rights and constitutional Administrative Justice Act. constitution and worked as lawyer, equality expert and a full time Commissioner She contribute to efforts of policy specialist with over at the South African Law promoting good governance, two decades of post legal Reform Commission. She is respect for human rights and qualification experience, co-architect of Justice Vision the upholding of the rule of Advocate Madonsela holds 2000, the National Action law locally and continentally a BA Law (University of Plan on the Promotion through her role as the Swaziland) and an LLB and Protection of Human Executive Secretary of the (University of Witwatersrand). Rights, Promotion of African Ombudsman and Her postgraduate studies Equality and Prevention of Mediators Association, include partial LLM studies Unfair Discrimination Act, a position she has held and legal courses mainly Employment Equity Act, since April 2010. in the area of equality, Local Government Transition administrative justice, Act and has contributed to

IOI Members Handbook 21 Speaker profiles

Mariana Sotto Maior Head of Cabinet, Provedor de Mariana Sotto Maior is, of the Ministry of Justice Affairs and Cooperation of the Justiça, Portugal since September 2010, the (2010), Deputy Director of Ministry of Justice. She had Head of the Cabinet to the the General Directorate of been working in the area of Portuguese Ombudsman Internal Affairs of the Ministry Human Rights, International (the National Human Rights of Interior, responsible for Law and European Union Law Institution accredited with the international relations, for the past 16 years. A Status by the ICC). Before within the Ministry of Interior this she was Deputy Director (2007-2009), and Deputy of the General Directorate Director of the Bureau for of the Policy of Justice International, European

André Marin Ombudsman of Ontario, As Ombudsman of Canada’s system. Mr. Marin’s training IOI since 2006. He is Canada largest province since 2005 course, “Sharpening Your the sixth Ombudsman of (reappointed in 2010), Teeth,” hosted annually by his Ontario since 1975 and the André Marin’s investigations office in Toronto and also in first to be reappointed. into broad systemic issues Vienna by the IOI, has trained Mr. Marin also served as have sparked widespread hundreds of ombudsmen and Canada’s first military government reforms administrative watchdogs ombudsman from 1998 to affecting millions of citizens. around the world in the 2005, and Director of Ontario’s His Special Ombudsman SORT methodology and best Special Investigations Unit Response Team (SORT) practices for conducting from 1996 to 1998. Prior to focuses on high-profile field systemic investigations, that, he was an Assistant investigations affecting large assessing evidence, and Crown Attorney and part- numbers of people, from the putting together memorable, time professor of law at the screening of newborn babies persuasive reports. Mr. Marin University of Ottawa, where to property tax assessment has been North American he also received degrees in to the provincial lottery Regional Vice-President of the common and civil law.

Dr Jane Martin Local Government Dr Jane Martin was University of Birmingham and was the first Executive Ombudsman and Chair, appointed to the post and Warwick Business School Director of the Centre for Commission for Local of Local Government she conducted research on Public Scrutiny. Prior to Administration in England, Ombudsman and Vice-chair public management and joining LGO she was Deputy United Kingdom of the Commission for Local governance in the fields of Chief Executive at the Local Administration in England in education, health and local Better Regulation Office and January 2010. In April 2012 government. She has worked a Non-executive Director of she was appointed Chair in local authorities across Coventry Primary Care Trust. of the Commission. England as a consultant She has extensive knowledge for the Improvement and and experience of public Development Agency for service delivery. At the Local Government (IDeA)

22 IOI Members Handbook Dulcie McCallum Nova Scotia Freedom of Dulcie McCallum was the Ad-Hoc Committee of the Prince Edward Island, and Information and Protection first female Ombudsman United Nations to draft and Nova Scotia focussing on of Privacy Review Officer, for the Province of British complete the UN Convention supported decision making Ombudsman for the Province Columbia. During her seven on the Rights of People with and employment under the of British Columbia 1992 – year term as Ombudsman, Disabilities. Ms. McCallum UNCRPD. She is Vice-President 1999, Canada Ms. McCallum completed was a special advisor to the of NS Association for over 100,000 inquiries and delegation as a constitutional Community Living and was investigations. Of the over 15 human rights legal expert elected to the national board public reports, many involved for people with intellectual of the Canadian Association vulnerable populations most disabilities for over 20 years. for Community Living in 2011. notably: Listening a systemic Her work included preparing a She sits on CACL committees: investigation into BC’s largest report on supported decision, UNCRPD Oversight and psychiatric facility, Jericho a precursor to Article 12, Compliance, Supported Hill School abuse of deaf and acting as counsel in Decision-Making and National children and Fair Schools. major disability court cases Legal Strategy Committees. For the three years following including Re Dawson [access During her work at the UN, her term as Ombudsman, to medical treatment], and Ms. McCallum moved to Ms. McCallum completed Re Eve [sterilization] in the Halifax, Nova Scotia where she a report The Need to Know, Supreme Court of Canada. is presently the first female a systemic administrative In 2011 Ms. McCallum was Nova Scotia Freedom of review of physical and sexual given an award from the Information and Protection abuse at the Woodlands Canadian Association for of Privacy Review Officer School, a former institution for Community Living for her [Commissioner] appointed on persons with intellectual and contribution to the UNCPRD February 5, 2007. physical disabilities. In Nova Scotia Ms. McCallum’s Subsequently, Ms. McCallum work around the UNCRPD worked over a period of four continues. Since ratification years in New York as one of by Canada, Ms McCallum two official NGO members of has been invited to conduct Canada’s delegation to the Forums in British Columbia,

Dr David McGee CNZM Ombudsman, New Zealand David McGee was appointed the legislation that became edition, the authoritative an Ombudsman in law as the Constitution Act guide to parliamentary November 2007. 1986. He was also a member procedure in New Zealand. of the panel which arranged He has also written extensively He was previously Clerk of and oversaw the public in the area of parliamentary the House of Representatives, information campaigns and constitutional studies. an office he had held since organised for the electoral 1985. In that capacity he was He was admitted as a barrister referendums held in 1992 the principal advisor to the and solicitor in 1977 and and 1993. As Clerk of the Speaker and Members of appointed a Queen’s Counsel House he determined the final Parliament on parliamentary in 2000. In the Queen’s form of questions to be put law and practice. Birthday Honours of 2002 to voters by way of citizens he was made a Companion He was a member of the initiated referenda. of the New Zealand Order of committee which reported on He is the author of Merit (CNZM). New Zealand’s constitutional Parliamentary Practice in arrangements and devised New Zealand, now in its third

IOI Members Handbook 23 Speaker profiles

Dr Judy McGregor Equal Employment Dr Judy McGregor, PhD, professional and public life, Opportunities Commissioner in PGDip, LLB, BA is the Equal which is used globally. She the New Zealand Human Rights Employment Opportunities is the Australasian editor of Commission (NZHRC) Commissioner in the New the international journal, Zealand Human Rights Gender and Management. Commission (NZHRC). She is Dr McGregor is a former responsible for women’s rights Massey University Professor and is author of the New and Head of Department. Zealand Census of Women’s She holds a Companion of Participation, a biennial the New Zealand Order of benchmark report evaluating Merit (CNZM) for services to the status of women in journalism. governance, management,

Professor John McMillan AO Australian Information Professor John McMillan AO (Acting) for the Australian enactment of the Freedom Commissioner, Commonwealth was appointed Australian Commission for Law of Information Act 1982. Ombudsman 2003-2010, Information Commissioner Enforcement Integrity in He is a National Fellow Australia in November 2010, to head 2007. He is an Emeritus of the Institute of Public a new office responsible Professor of the Australian Administration Australia; for freedom of information, National University. He is a Fellow of the Australian privacy protection and co-author of a leading student Academy of Law; and advice to government on text, Control of Government former President of the information management Action. John was a founding Australian Institute of policy. John was formerly the member in the 1970s of the Administrative Law. Commonwealth Ombudsman Freedom of Information from 2003–2010; and the Campaign Committee, which Integrity Commissioner led the public campaign for

24 IOI Members Handbook Dr David Miller OmbudsmanThe Global Fund David is a New Zealander, Camden & Islington NHS Trust International Ombudsman to Fight AIDS, Tuberculosis with degrees in Philosophy, in central London, before Association (IOA) as a trainer and Malaria Geneva, Psychology, Clinical moving to UNAIDS in Geneva in Europe and North Africa, Switzerland; Editor, Journal of Psychology, and Public Health as their Psychosocial Advisor and as Editor of the Journal of the International Ombudsman Medicine and Epidemiology. in November 1998. During the International Ombudsman Association, New Zealand his latter period of work in Association. He currently David spent the bulk of his London David undertook works as the Ombudsman for clinical career in England, two national multicentre the Global Fund to Fight AIDS, where he developed the research studies in the UK on Tuberculosis and Malaria, protocols and algorithms for health worker work stress and working remotely from New Counselling and Testing for burnout (two of his books Zealand on a part-time basis. HIV, and for psychological and are on this subject). From psychosocial management David has published 7 books 2001-2003, David was based in HIV/AIDS – these protocols on aspects of HIV/AIDS care in New Delhi as the Director were then adopted and and management, with of UNAIDS in India, where implemented globally. He many appearing in multiple he liaised closely with all 36 worked on HIV/AIDS clinical translations. In 1988 he was governments in India. and public health policy awarded the Terrence Higgins and service development in In mid-2004 David was Trust Award, and in 2003 the UK, Europe, Africa and appointed Ombudsman for became an Honorary Fellow Asia throughout the 1980s the World Health Organization of the Indian Public Health and 1990s, as a specialist and those agencies WHO Association. David is married for the World Health administered, including to Carole and together Organisation and in a variety UNAIDS, The Global Fund they live in Decanter Bay, of other roles with numerous and many other UN agencies New Zealand. national governmental and and offices globally. His international agencies. work on organizational crisis investigation and mediation From 1994-1998 David has spanned all continents headed the department of and almost all manner of Clinical Psychology for HIV/ organizational crises. He has STD at University College worked extensively with the London Medical School/

IOI Members Handbook 25 Speaker profiles

Rt Hon Sir Geoffrey Palmer SC Prime Minister of New Zealand Sir Geoffrey Palmer was Wellington. In 1994 he He was elected a member of 1989 – 1990 and President of admitted as a solicitor in became a Foundation Partner the American Law Institute Law Commission 2005 – 2010, 1965 and to the bar in 1966 of Chen & Palmer Public and is a Member of the New Zealand and practised in Wellington Law Specialists where he American Association of with O’Flynn and Christie remained until 2005 when he International Law. before taking up a British was appointed President of Since leaving the Law Commonwealth Fellowship the Law Commission. He has Commission at the end of to the University of Chicago appeared extensively in the 2010 he has been chairing where he graduated JD cum superior courts including the the Panel of Inquiry on the laude in 1967. He was a law Privy Council. 31 May 2010 Flotilla Incident professor in the United States He is a member of the Her for the United Nations in New and New Zealand for some Majesty’s Privy Council, was York. For eight years he was years before entering politics made a Knight Commander New Zealand’s Commissioner as the MP for Christchurch of the Order of St Michael and to the International Whaling Central in 1979. In Parliament St George in 1991 and was Commission. Sir Geoffrey is he held the offices of made an honorary companion a Distinguished Fellow of Attorney-General, Minister of to the Order of Australia the the New Zealand Institute Justice, Leader of the House, same year. He was made of Public Law and the Law Deputy Prime Minister and a member of the Global Faculty at the Victoria Prime Minister. 500 Roll of Honour by the University of Wellington. On leaving politics in 1990 United Nations Environment he was a law professor at Programme. He holds three the University of Iowa and honorary doctorates. the Victoria University of

26 IOI Members Handbook Lyn Provost Controller & Auditor-General, Lyn Provost took up the Archives New Zealand, before • ensure the efficient, New Zealand position of Controller and eight years as the Deputy effective, and economical Auditor-General on 5 October Commissioner of Police management of the Office 2009. She joined the Audit (Resource Management). of the Auditor-General. Office as an Assistant Auditor As Controller and Auditor- Lyn is a fellow of the Institute in 1978 before a stint in the General, Lyn’s principal of Chartered Accountants of United Kingdom and South functions and duties are set New Zealand (ICANZ). She Africa. Lyn came back to out in the Public Audit Act is on the governing board the Office in 1985 as the 2001. In summary, they are to: of INTOSAI and is Secretary- Director of Professional • ensure that the office General of PASAI. Services, and became an carries out its obligation to Assistant Auditor-General in conduct audits of public 1990. Lyn’s career included sector bodies, and report to senior roles within the State Parliament on the results of Services Commission and the audits; and

Professor Linda Reif Faculty of Law, University of Professor Linda Reif obtained of Publications from 1989 Journal, Boston College Alberta, Canada her law degree from the to 2009. Professor Reif has Third World Law Journal, University of Windsor (1982) published widely on the Alberta Law Review, Asia and her master’s degree ombudsman and national Pacific Law Review, and I.O.I. in law from the University human rights institutions. publications. Professor Reif of Cambridge (1985). Her publications include her has provided consulting A member of the Faculty of 2004 book The Ombudsman, services and academic Law, University of Alberta, Good Governance and the support on NHRIs to the she is the CN Professor of International Human Rights Commonwealth Secretariat. International Trade and from System (Martinus Nijhoff In 1991 she was Director of 2009 to 2011 she served as Pub., 2004), and articles and Legal Services, Office of the Associate Dean (Graduate book chapters, including in Alberta Ombudsman. Studies). She was I.O.I. Editor the Harvard Human Rights

IOI Members Handbook 27 Speaker profiles

Rafael Ribó Síndic de Greuges de Born in Barcelona on May Political and Administration Elected Secretary General of Catalunya, Spain 10 1945, Ribó was elected Science and since 1970 has the PSUC (Unified Socialist twice Síndic de Greuges taught at the University of Party of Catalonia) in 1986, de Catalunya. First, he was Barcelona, the Autonomous he has served as MP in the elected on June 17 2004, and University of Barcelona, Catalan Parliament until the took office on July 1 of the Pompeu Fabra University, end of the sixth legislature same year. He was re-elected the American College and (1980- 2001), MP in the on February 10 2010 and took the New School for Social Spanish Parliament (1993- office on March 1 2010. Research. He began his 1995) and President of the In June 2009, in Stockholm, political activity in 1963 as a Iniciativa per Catalunya Ribó was appointed Regional member of the faculty senate political party (1987-2000). Vice President of the Board for the Democratic Students’ He has been Chairman of the of Directors for Europe of the Union of the University of Board of Trustees of the Ulls International Ombudsman Barcelona. At the beginning del Món (Eyes of the World) Institute (IOI), where he had of the 1970’s, he formed Foundation since 2001. been a member since 2006. part of the Assembly of He has published various As a President and Director Intellectuals of Catalonia, was books, chapters and studies for the European Region, Ribó one of the drivers behind such as Catalonia’s Political is also a full member of IOI the campaign to restore the System, The National Question worldwide Board of Directors. Catalan language’s official and the Catalan Nations, With degrees in Economics status, and served as secretary Handbook of Political Science, and Law from the University of the liaison committee for Citizenship and Nationalism of Barcelona, he holds a PhD the Catalonia Assembly. In and Special Regions and in Political, Economic and 1977, he participated in the European Union Treaty Business Science from the Catalan Culture Congress Reform. His doctoral thesis same University and is Master as coordinator of the was entitled: “The concept of of Arts in Political Science institutional area, and headed political culture”. He regularly from The New School for up the campaign for the collaborates with Catalan, Social Research of New York. self-government institutions Spanish and international He is a university lecturer of within the Congress itself. newspapers and magazines.

28 IOI Members Handbook Professor Alasdair Roberts Jerome L. Rappaport, Professor Alasdair Roberts is the Jerome mention from the Best Book National Academy of Public of Law and Public Policy at L. Rappaport Professor award committee Administration in 2007. He Suffolk University Law School, of Law and Public Policy of the American Society was appointed as a public and Faculty Director of the at Suffolk University Law of Public Administration’s member of the Administrative Rappaport Center for Law and School, and Faculty Director Section on Public Conference of the United Public Service, United Kingdom of the Rappaport Center Administration Research. States in 2010. He is also an for Law and Public Service. A previous book, The Collapse Honorary Senior Research Previously, he was a Professor of Fortress Bush: The Crisis Fellow of the School of Public of Public Administration of Authority in American Policy, University College in the Maxwell School of Government, was published London. He is co-editor of Citizenship and Public Affairs by New York University Press the journal Governance at Syracuse University, and an in 2008. Kirkus Reviews and serves on the editorial Associate Professor of Public called it “a trenchant boards of several other Administration at Queen’s analysis of the last eight journals in the field of public University, Canada. Professor years of American political administration. At Suffolk Law, Roberts writes extensively on history.” An earlier book, Professor Roberts teaches problems of governance, law Blacked Out: Government Administrative Law and Law and public policy. His next Secrecy in the Information and Public Policy. Professor book, America’s First Great Age, received the 2006 Roberts received a JD from Depression, will be published Brownlow Book Award from the University of Toronto in by Cornell University Press the US National Academy of 1984, a Master’s degree in in 2012. His last book, Public Administration, and Public Policy from Harvard The Logic of Discipline: Global three other academic book University in 1986, and a Ph.D. Capitalism and the Architecture awards. Professor Roberts in Public Policy from Harvard of Government, was published has also won several awards University in 1994. His web by Oxford University Press for his journal articles. address is www.aroberts.us. in March 2010. In 2011 Professor Roberts was it received an honorable elected as a fellow of the US

David Rutherford Chief Human Rights David Rutherford took up education. Mr Rutherford His responsibilities are: Commissioner, New Zealand the five-year appointment approached the Commission • Chairs the Commission. as Chief Human Rights as spokesperson for a • Acts jointly with the EEO, Commissioner of group of parents following Race Relations and Disability New Zealand on September incidents of serious bullying Commissioners in their areas 1, 2011. Before taking up the at Hutt Valley High School. In of designated functions. position Mr Rutherford was response to the complaint, the Managing Director of the Commission, alongside • Has overall responsibility Special Olympics Asia Pacific the Office of the Children’s for the Commission’s and prior to that he was Chief Commissioner, examined the organisational health Executive of the New Zealand human rights and systemic and capability and the Rugby Union. He has worked issues surrounding bullying activities undertaken in as a sport and commercial in schools. The analysis, which the performance of the lawyer and lecturer in sports found that school pupils who Commission’s functions, and law with a particular focus are the victims of violence, for the administration of on human rights law. He is a abuse and bullying lack access the Office of Human Rights passionate advocate for sport to the same rights as the Proceedings. Coordinating and promoting the rights of bullies was later confirmed by Commissioner people with disabilities, and a report from the Office of the • Human Rights Environment also has strong community Ombudsman about serious links with young people and assaults at the school.

IOI Members Handbook 29 Speaker profiles

Phoebe Sangetari Ombudsman Commission Ms Phoebe Sangetari was Service in Papua New Guinea. Management from 2004 to of Papua New Guinea appointed an Ombudsman She served as Legal Officer September 2006; and Deputy (one of 3 Ombudsmen) then Senior Legal Officer with State Solicitor (International in Papua New Guinea on the Ombudsman Commission Law & Human Rights) with 15th November 2007 for of Papua New Guinea Department of Justice & a 6 year term. She holds a from May 1984 to October Attorney General (from Bachelor of Laws Degree 1993; Legal Officer with September 2006 to November from the University of Papua Department of Environment & 2007) Ms Sangetari is the New Guinea and Masters Conservation from November second female Ombudsman of Laws from the Australia 1993 to1999 ; Deputy in the history of the National University (ANU). Registrar with the Department Ombudsman Commission Prior to her appointment of Mining from 2000 to 2001; of Papua New Guinea and as an Ombudsman, Ms Assistant Secretary – Legal & she is a Member of the Papua Sangetari served in various Contracts with Department New Guinea Law Society. capacities with various of Personnel Management Government Agencies in from 2002 to 2003; Director Papua New Guinea and has Senior Executive Services with wide experience in the Public Department of Personnel

Rt Hon Sir Anand Satyanand QNZM QSO KStJ Patron to Transparency International New Zealand, Governor-General of New Zealand 2006 – 2011, New Zealand Ombudsman 1995 – 2005, New Zealand

30 IOI Members Handbook Howard Sapers Correctional Investigator On March 5, 2009 Mr. Howard Prairie from 1982 to 1983, and Program at Ottawa’s of Canada Sapers was reappointed as then moved to Edmonton St. Paul University, Chairman Correctional Investigator of where he served as the of the DND/Canadian Canada, having first been Society’s Provincial Executive Forces Ombudsman appointed on February 24, Director until 1993. Mr. Advisory Committee, and 2004 for a five-year term. Sapers has taught courses a Member of the Board of Previously, Mr. Sapers was in Criminology, Correctional Directors of the Forum of the Vice-Chairperson for the Law and Communications Canadian Ombudsmen. Prairie Region of the National in the Correctional Services Mr. Sapers has received Parole Board of Canada. Program at Grant MacEwan significant recognition From 2001-2003, he held the University in Edmonton. for his contribution to the position of Director of the Mr. Sapers obtained a B.A. community-at-large and for Crime Prevention Investment in Criminology from Simon his pursuit of social justice, Fund at the National Crime Fraser University in 1979. He including: the Canada 125 Prevention Centre. In 1993 has a strong background in Medal; the Weiler Award for he was elected to the Alberta corrections, rehabilitation Social Development; and the Legislative Assembly and of offenders and crime- Queen Elizabeth II Golden represented Edmonton prevention gained through Jubilee Medal. In 2010, Mr. Glenora until 2001. He served employment and community Sapers was recognized as a as health critic, treasury critic, service. Volunteer positions Champion of Mental Health House Leader and Leader held have included: Chairman by the Canadian Alliance on of the Official Opposition. of the Organizing Committee Mental Illness and Mental He was active on a number of the 1999 Biannual Congress Health and he received the of committees including on Criminal Justice, President President’s Commendation the Standing Committee on of the Canadian Criminal from the Canadian Psychiatric Legislative Officers, the Public Justice Association, President Association. Mr. Sapers has Accounts Committee and the of the Alberta Criminal Justice authored several publications, Select Committee on Privacy Association and Vice-Chair of including articles regarding and Access to Information. the City of Edmonton Safer the role of the Ombudsman, Mr. Sapers was the Executive Cities Advisory Committee. human rights and corrections, Director of the John Howard He is currently an Advisor and the prevention of crime. Society of Alberta in Grande to the YOUCAN Certificate

Associate Professor Rick Snell Faculty of Law, University Associate Professor Snell is vast network of researchers, of Tasmania, Australia regarded as an international experts, government officials authority on Freedom of and information specialists Information law and one that he can tap into for advice, of Australia’s leading law insights and feedback. teachers. He was awarded the Lexis Nexis Australasian Law Teachers Association Law Teacher of the Year Award in 2009. He has a proven track record in delivering on consultancies and has a

IOI Members Handbook 31 Speaker profiles

Professor David Solomon AM Integrity Commissioner, Professor David Solomon most of his career in Canberra, Editor. He has degrees from Queensland, Australia AM was appointed for a writing about politics and the the Australian National five-year term as Integrity law, for such newspapers as University in Arts and Law, Commissioner from 1 July The Australian, the Financial and a Doctorate of Letters. 2009. He was Chair of the Review and The Canberra He has written almost a dozen Independent Panel appointed Times. He moved to Brisbane books on parliament, politics, by the Bligh Government to in 1992 to Chair the Electoral constitutional law and the review Queensland’s and Administrative Review High Court. Freedom of Information Commission, and, when that laws in 2007-8. He retired Commission was wound up, from full-time journalism at stayed and worked for the the end of 2005. He spent Courier-Mail as a Contributing

Alhagie B. Sowe Ombudsman, Office of the Ombudsman, The Gambia

Karen Stevens Insurance & Savings Karen was appointed before coming to complaints Laws degree from La Trobe Ombudsman, New Zealand Insurance & Savings resolution work as the ISO. University in Melbourne, Ombudsman (“ISO”) in May Since her appointment as majoring in conflict resolution. 1998. She graduated with ISO, Karen has qualified as an BA and LLB degrees from Associate of The Arbitrators’ Victoria University and was and Mediators’ Institute of admitted as a barrister and New Zealand, a Member of solicitor of the High Court of The Chartered Institute of New Zealand in 1987. Karen Arbitrators (UK) and a Fellow practised as a lawyer in the of the New Zealand Institute area of civil litigation and of Management. In 2009, she alternative dispute resolution, also completed a Master of

32 IOI Members Handbook Professor Anita Stuhmcke Faculty of Law, University of Professor Anita Stuhmcke ombudsmen and human Technology, Sydney, Australia is a member of the Faculty rights ombudsmen. The main of Law at the University aim of Anita’s research is to of Technology, Sydney. examine the adaptability For over a decade her research of the institution with the has explored the institution objective of facilitating of the ombudsman. Anita’s the effective application of research into this institution ombudsmen throughout the includes published research wider legal system. with respect to: public law ombudsmen, private industry ombudsmen, organisational

Dr Shoaib Suddle HSt HI QPM PPM Federal Tax Ombudsman, Dr. Shoaib Suddle became and strategic levels. He is Bureau (Pakistan’s premiere Pakistan the Federal Tax Ombudsman regarded as a leading justice civilian intelligence agency) of Pakistan on 3 June 2009. sector reform specialist in in 2008-09, following his He has brought a paradigm South Asia. He regularly eventful stints as Inspector shift in the way the Office speaks at national and General Police, Sindh; of Federal Tax Ombudsman international conferences, Director General, National operates. In April 2001, and has extensively written Police Bureau; and Inspector he was unanimously elected on rule of law, public policy General Police, Baochistan. In as the Chair of the Forum and police and justice sector recognition of his exceptional of Pakistan Ombudsman. reform. He is a visiting contribution in the field of He has played an active role in criminal justice expert at law enforcement and public reforming the Ombudsman’s the United Nations Asia and service, the government of practice in Pakistan. He Far East Institute on Crime Pakistan decorated him with has recently entered into Prevention and Treatment the top gallantry award of technical assistance projects of Offenders, Tokyo; Advisor Hilal-e- Shujaat in 1996 and with the World Bank and the Turkish National Police; and a top civil award of Hilal-e- UNDP. The projects aim at resource person with several Imtiaz in 2008. Dr. Suddle building the much-needed national and international holds a PhD in white-collar capacity of the Ombudsman organizations, including crime and a Masters in staff in Pakistan. Prior to this, United Nations Office on Economics, both from the Dr. Suddle worked for over Drugs and Crime, Vienna. University of Wales, UK, in 35 years in law enforcement. He is also International addition to an LLB from the He began his police career in Director of Asia Crime University of Punjab. 1973 and has held several key Prevention Foundation, Tokyo. positions both at operational He headed the Intelligence

IOI Members Handbook 33 Speaker profiles

Professor Dr. Máté Szabó Commissioner for Fundamental Professor Dr. Máté Szabó He is specialized in civil around the world. He teaches Rights, Hungary was elected Parliamentary society, social movements political science and Commissioner for Civil Rights and political protest and the European studies. by the Hungarian Parliament theory of law and politics Since he was elected for six years, which position as well. He has published Ombudsman, he has been he has been holding since more than 300 scientific an active member of the September 2007. He now contributions in Hungarian, International Ombudsman continues his role as the English, German and on Institution and the European Ombudsman of Hungary. several other languages. Network of Ombudsmen and Since 1st January 2012, He is a regular participant was elected to board member Professor Szabó has been at conferences on political of the European Ombudsman the Commissioner for science, law, and political Institute in 2010. Fundamental Rights. sociology in Europe and

John R Taylor Deputy Ombudsman, Victoria John Taylor is the Deputy and Federal agencies. One Ombudsman, Australia Ombudsman for Victoria, such investigation was Australia. He was appointed to his investigation into an the position in 2004. Prior to allegation about Victoria that he was a Senior Assistant Police crime statistics – Ombudsman with the Office a report to Parliament tabled of the Commonwealth in June 2011. Ombudsman. John has had extensive experience in managing and conducting investigations and reviews across a wide range of State

Mark C.A. Thomson Secretary General, Association Mark Thomson is the • Involved in adoption for the Prevention of Torture, Secretary General of the and implementation of Geneva Association for the Prevention international human of Torture, Geneva (since rights norms. April 2001). His achievements • Experienced in visiting include: places of detention and engaging with • A manager of a successful government authorities. international human • Public speaker on rights NGO. prevention of torture and • Human rights interest other ill treatment. emerged from social and • Works with specialist team rural development work and wide variety of partners in Latin America. in all regions of the world.

34 IOI Members Handbook Brian Thompson Senior Lecturer, School of Law, Brian Thompson teaches and with other institutions in the rights, and the types of task University of Liverpool, UK researches at the School of legal and political systems. it is appropriate to give to Law, University of Liverpool. This was reflected in his work classical ombudsmen. He is an Adviser on Public with T. Buck and R. Kirkham in Law to the Northern Ireland their comparative study of the Ombudsman and a Member UK, Ireland, Australia and New of the UK’s Administrative Zealand, ‘The Ombudsman Justice and Tribunals Council. Enterprise and Administrative A major theme in his work on Justice’ (2011). His current the Ombudsman institution, is projects include, classical its place in, and relationships ombudsmen and human

Peter Tyndall Public Services Ombudsman, Peter Tyndall became Public government, the NHS, better, fairer and more Wales, United Kingdom Services Ombudsman for registered social landlords responsive public services Wales on 21 April 2008. including housing for all of the people of Wales. The post came into being in associations and a range Peter was Chief Executive at 2006 by the amalgamation of of other public bodies the Arts Council of Wales from three separate posts covering controlled or funded by the 2001 to 2008 and previous public administration, the Welsh Government. The to that Head of Education health service and local Ombudsman also undertakes and Cultural Affairs with the government. Peter is serving a investigations into allegations Welsh Local Government two year term as Chair of the that a member of a local Association. His earlier British and Irish Ombudsman authority has failed to comply career included leadership Association. As Ombudsman, with the authority’s code of and management roles in Peter investigates complaints conduct. The Ombudsman both local government and made by members of the works to ensure that everyone the independent sector in public who believe that they in Wales has access to an housing and in services for have suffered hardship or independent, objective and disabled people. injustice as a consequence professional service which of maladministration safeguards the rights of or service failure by the ordinary people. He also seeks Welsh Government, local to play a part in developing

IOI Members Handbook 35 Speaker profiles

Dame Beverley Wakem DNZM, CBE President of the International Prior to becoming an She was reappointed to Dame Beverley is actively Ombudsman Institute, Chief Ombudsman, Dame Beverley that body in 2001 and again involved in the community Ombudsman of New Zealand enjoyed a distinguished in 2004. Concurrently she – she is a former President of career for over 25 years in also held a number of other the Rotary Club of Wellington, broadcast news, current Government appointments, a Fellow of the NZ Institute affairs and general private sector directorships of Management, and an programming culminating and consulted widely on Associate Member of the in her appointment as Chief management issues to the Institute of Directors. Executive of Radio New state sector. She has a BA in English and Zealand Limited in 1984 – In March 2005 Dame History and a Master’s Degree a post she held until 1991. Beverley was appointed as in Communications. Following During this period Dame an Ombudsman and was completion of the latter Beverley was also President appointed Chief Ombudsman degree, Beverley was awarded of the Asia Pacific in April, 2008. a post graduate research Broadcasting Union. award from the National In March 2008 she was In 1991 Dame Beverley Association of Broadcasters in elected as a Director of the was appointed Commercial the United States. She also has International Ombudsman Director for Wrightson an FTCL in Speech & Drama. Institute and in June 2009 Limited, a fully owned as Regional Vice President She was awarded a CBE subsidiary of Fletcher (Australasia and the Pacific) in 1990 for services to Challenge which was for the Institute. She was broadcasting and the then New Zealand largest elected President of the community and was industrial conglomerate. International Ombudsman also awarded the 1990 In 1992 she became General Institute in 2010. Commemoration Medal. Manager, Human Resources Dame Beverley was made a and Corporate Affairs for She is also a Director of the Paul Harris Fellow by Rotary in the company. Pacific Ombudsman Alliance, 2002, and a Hunter Fellow of established to strengthen In September 1997 was Victoria University in 2004. integrity institutions in the appointed by the Government Pacific and specifically to In the Queen’s Birthday and to the Higher Salaries develop and support the Jubilee Honours List in June Commission (now the establishment of Ombudsman 2012, Beverley was made a Remuneration Authority). offices in the region. Dame Companion of the

New Zealand Order of Merit for services to the State.

Adv. John Walters Ombudsman for Namibia Obtained the degrees BA until appointed as Acting (1977) and LLB (1980) from Prosecutor-General in 2002. the University of the Western Appointed as Ombudsman Cape. Admitted as advocate of of the Republic of Namibia in the Supreme Court of South July 2004. Africa (South West Africa Division; as it was then called) in 1981. Has been a career prosecutor since 1981 and magistrate since 1985. Spent some time in private practice

36 IOI Members Handbook Osamu Watarai Deputy Director-General, Osamu Watarai is Deputy commissioned volunteer Director-General. After duties Administrative Evaluation Director-General, the citizen. AEB’s Administrative of promoting access to Bureau, Ministry of Internal Administrative Evaluation Counseling system is information and protecting Affairs and Communications, Bureau (AEB) of the reinforced its independence personal information, Japan Ministry of Internal Affairs and neutrality by the and then promoting and Communications of Administrative Grievance decentralization at the Japan. The AEB provides Resolution Promotion Cabinet Office, he took up the the Ombudsman function Councils which are advisory role of Deputy Ombudsman through its Administrative committees of specialist of Japan in September 2012. Counseling System and from various fields. WATARAI receives about 180,000 engaged in administrative complaints a year from people counseling and administrative with its regional offices Evaluation from January 2001 and 5000 administrative to July 2006 as Director, July counselors who are 2008 to July 2009 as Deputy

Bart Weekers Vlaams Ombudsman, Belgium Bart Weekers is the Flemish Ombudsman. Weekers (°1968) is a law graduate (K.U.Leuven), and has specialised in public law. Before taking office he has worked as auditor to the Council of State, the judicial body which oversees the government and the laws it makes.

Chris Wheeler Deputy NSW Ombudsman, Chris Wheeler is the Victoria. He also worked for Dealing with Unreasonable Australia Deputy New South Wales some years as a solicitor in Complainant Conduct project Ombudsman. He has over the private sector. Chris has being undertaken by the nine 25 years experience in direct responsibility for the Australasian Parliamentary complaint handling and Public Administration and Ombudsman. Qualifications investigations, as well as Strategic Projects Branch Bachelor of Town & Regional extensive experience in of the NSW Ombudsman, Planning (Melbourne management and public including oversight of the University) Master of Town administration. He is a town responsibility conferred on & Country Planning (Sydney planner and lawyer who the NSW Ombudsman under University) Bachelor of Laws previously worked in a variety the Public Interest Disclosures (University of Technology, of positions in State and local Act. Chris is currently the Sydney). government in NSW and Project Sponsor of the

IOI Members Handbook 37 Speaker profiles

Dr Peter Wilkins PhD, MIPAA Deputy Peter has diverse work He had been for several years performance reporting Ombudsman Western Australia experience in Australia, Western Australian Assistant and accountability and is a England, Malaysia and Canada Auditor General Performance co-editor and contributor to including roles as an engineer, Review with responsibility for a book ‘Performance auditing: Research Fellow, consultant the conduct and reporting of Contributing to accountability and thirty years as a public examinations of the efficiency in democratic government’ sector manager in a wide and effectiveness of public published by Edward Elgar range of roles. He is currently sector agencies. He is an Cheltenham in May 2011. Deputy Ombudsman of Adjunct Professor at Curtin Western Australia with direct University Western Australia. responsibility for complaint He has extensive practical resolution and own motion and research experience inquiries. regarding public sector

Nicola Williams Complaints Commissioner for As Cayman’s independent • 1.9.01 – 31.3.04: • Former Chair, London the Cayman Islands & Vice- authority for tackling Board Member, Police Regional Advisory Council, President of the Caribbean complaints against the public Complaints Authority, BBC. Ombudsman Association sector, the Office of the London • Founder Member, Complaints Commissioner • Called to the Bar 1985. Independent Advisory is led by the Complaints 16 years in private practice. Group to the Metropolitan Commissioner, Ms. Nicola During this time Police Service (following Williams. She brings several Ms Williams practiced in recommendations arising years of pertinent experience a number of fields in the from the Macpherson Report to her new role. High Court, Crown Court [1999]) • 4.11.10 and Court of Appeal, • Part of a delegation Elected Vice-President specializing in Criminal Law, sponsored by the British of the Caribbean including three successful Council, lecturing Turkish Ombudsman Association Commonwealth death police inspectors on Human (CAROA),2010-2012 penalty appeals before the Rights. Three times listed • 23.10.09 House of Lords sitting as the as one of the 100 most Appointed to the judiciary Privy Council. influential Black people of England and Wales as a • Fellow, Royal Society of Arts in the U.K (1998; 2007-8; Crown Court Recorder • Author of the legal thriller, 2008-9). • 17.8.09 “Without Prejudice”, • Winner, Cosmopolitan Appointed as Complaints published in 1997 in both magazine Woman of Commissioner for the the U.K. and U.S. Achievement Award Cayman Islands • Legal expert on BBC World (Professions). • 1.4.2004 – 31.3.2009: for the OJ Simpson trial Commissioner, Independent verdict in 1995 Police Complaints Commission, London

38 IOI Members Handbook John T.D. Wood Baljurda Comprehensive John T.D. Wood runs his own Institutions in Indonesia and Australia; Member of the Consulting, Australia international consultancy Thailand, and designed and International Ombudsman business, Baljurda directed the Accountability Institute; a Program Visitor, Comprehensive Consulting, Programme for the Regional Regulatory Institutions specialising in complaint Assistance Mission to Network, Research School handling, accountability, Solomon Islands, and was a of Pacific and Asian Studies, consumer affairs, and anti- consultant for anti-corruption Australian National University; corruption measures. institutions in Timor-Leste a Member, Transparency He was Deputy and Tonga. He is a Director of International Australia; and Commonwealth Ombudsman the Foundation for Effective a Life Member of CHOICE – in Australia from 1994-99. Markets and Governance, the Australian Consumers’ Prior to that he was for Australian National University; Association. He was a 10 years, Director of the Chair of the Australian Direct founding member and a Federal Bureau of Consumer Marketing Code Authority; past President of SOCAP Affairs. He advised on the a Member of the Consumer (the Society of Consumer establishment of Ombudsman Standing Forum, Standards Affairs Professionals).

Kim Workman QSO Director of Rethinking Crime Kim Workman (of Ngati He is currently a Senior and Punishment” Project, and Punishment, New Zealand Kahungunu and Rangitaane Associate of the Institute which is under the Robson descent) is a retired of Policy Studies, Victoria Hanan Trust, of which Kim is New Zealand public servant, University. Kim was appointed Executive Director. The Trust whose career spans roles in to the position of National promotes public education, the Police , the Office of the Director, Prison Fellowship in discussion and debate on Ombudsman, State Services 2000, which established the crime and punishment Commission, Department of first faith-based prison unit in and was established with Maori Affairs, and Ministry of the British Commonwealth, a broader mandate to Health. He was Head of the a mentoring programme conduct or commission Prison Service from 1989 – for released prisoners, and original research, implement 1993, and oversaw a major in-prison restorative justice innovative crime prevention reform in the Prison Service. services. In 2005, Kim was the projects, and engage in public He is a graduate of Massey joint recipient (with Jackie education in issues of crime University, and has completed Katounas) of the International and punishment. Kim recently post-graduate study at Prize for Restorative Justice. completed a three year term the University of Southern In 2006 Kim joined with the as a Families Commissioner. California, and Stanford Salvation Army, to launch University. the “Rethinking Crime

IOI Members Handbook 39 Day 1 Sunday 11th November 2012 EXCOM/ Board Meetings

40 IOI Members Handbook Day1

Time Meeting

9:00am – ExCom – preparatory meeting – Venue: Civic 2, Town Hall 11:00am

11.00am – Morning Tea – Venue: Civic Ante, Town Hall 11.30am

11.30am – Meeting of the current board – Venue: Civic 2, Town Hall 12.30pm

12.30pm – Lunch – Venue: Civic Ante, Town Hall 1.30pm

1.30pm – Meeting of the current board – Venue: Civic 2, Town Hall 4.30pm

Evening Function 6.30pm – Board Dinner – Venue: Shed 5 Restaurant 9.30pm A bus will collect guests from the Amora Hotel at 6.15pm

IOI Members Handbook 41 Day 2 Monday 12th November 2012 Board Meetings/ Regional Meetings

42 IOI Members Handbook Day2

Time Meeting

9.00am – Meeting of the current board – Venue: Civic 2, Town Hall 12.00pm Anticipated Agenda: • discussion of residual By Laws issues if any • process for Regional meetings

10.15am – Morning Tea – Venue: Civic Ante, Town Hall 10.30am

10.30am – Meeting of the current board continues – Venue: Civic 2, Town Hall 12.00pm

12.00pm – Lunch – Venue: Civic Ante, Town Hall 1.00pm

1.00pm – Regional group meetings 4.30pm Group Room African Region Civic 3, Town Hall APOR Region Lion Harbourview 2, Michael Fowler Centre Asian Region Renouf 2, Michael Fowler Centre Caribbean & Latin American Region VIP Suite, Michael Fowler Centre European Region Renouf 1, Michael Fowler Centre North American Region Lion Harbourview 1, Michael Fowler Centre

4.30pm – Break 5.00pm

5.00pm – Informal meeting of current board with new directors – Venue: Civic 2, Town Hall 6.30pm • report on any issues arising from Regional Meetings re bylaws • briefing for new Directors on matters arising from Sun/Mon Current Board meetings • Briefing on electronic voting process for bylaws • ExCom nomination process – issues

Evening Function Evening Own arrangements

IOI Members Handbook 43 Day 3 Tuesday 13th November 2012 Welcome & General Assembly

44 IOI Members Handbook Day3

Time Meeting

8.50am – P¯owhiri (M¯aori Ceremonial Welcome). All delegates must be seated by 8.50am at the latest. 10.00am Formal Welcome Rt Hon John Key, Prime Minister of New Zealand Celia Wade-Brown, Mayor of Wellington City Dame Beverley Wakem, President of the International Ombudsman Institute, Chief Ombudsman of New Zealand Venue: Renouf Foyer – Michael Fowler Centre

10.00am – Morning Tea – Michael Fowler Centre – Promenades 10.30am

10.30am – General Assembly (Members only) – Venue: Renouf Foyer – Michael Fowler Centre 12.30pm Anticipated Agenda: • discussion and final comments on bylaws and conduct of vote to approve proposed changes to bylaws and Governance • general discussion on the further development of the IOI • other matters – exploring additional sources of funding

12.30pm – Lunch – Michael Fowler Centre – Promenades 1.30pm

1.30pm – General Assembly continues 3.00pm

3.00pm – Afternoon Tea – Michael Fowler Centre – Promenades 3.20pm

3.20pm – General Assembly continues 4.30pm

Evening Function 5.30pm – Parliamentary Speaker’s Reception – Venue: Grand Hall, Parliament Buildings 7.30pm Buses will pick up delegates at 5.15pm from the Michael Fowler Centre. Return buses will transport guests back to the Michael Fowler Centre at 7.30pm (drop off approximately 7.45pm).

IOI Members Handbook 45 Day 4 Wednesday 14th November 2012 Conference Programme

46 IOI Members Handbook Day4

Time Session

8:00am Registration desk opens – Lobby of Michael Fowler Centre

9:00am Conference opening and welcome remarks: Speaking Truth to Power – the role of the Ombudsman in the 21st century – Venue: Main Auditorium Michael Fowler Centre Dame Beverley Wakem, President, International Ombudsman Institute and Chief Ombudsman, New Zealand

9:15am Setting the stage: The realities of the 21st century and the changing landscape the Ombudsman is operating in – Venue: Main Auditorium Michael Fowler Centre Challenges and opportunities for strengthening integrity of institutions and the relationship with the work of the Ombudsman Rt Hon Helen Clark, Administrator of United Nations Development Programme. Prime Minister of New Zealand 1999-2008 Transparency in troubled times. Professor Alasdair Roberts, Jerome L. Rappaport Professor of Law and Public Policy at Suffolk University Law School, and Faculty Director of the Rappaport Center for Law and Public Service The position of women’s rights –how can the Ombudsman contribute towards changes needed in making women’s rights a lived reality in public policy and administration Michelle Bachelet, Under-Secretary General and Executive Director of UN Women, by video Chaired by: Dame Beverley Wakem, President, International Ombudsman Institute and Chief Ombudsman, New Zealand

10:30am Morning Tea – Michael Fowler Centre Promenades

11:00am Parallel Universes: Ombudsman and courts – Venue: Main Auditorium Michael Fowler Centre The Ombudsman enterprise and administrative justice Dr Richard Kirkham, Faculty of Law, Sheffield University, United Kingdom Discretion, direction and the Ombudsman: To steer the ship or to choose the ship? Professor Anita Stuhmcke, Faculty of Law, University of Technology, Sydney, Australia Parallel universes: Ombudsman and courts Professor Philip Joseph, School of Law, University of Canterbury Chaired by: Dr David McGee QC, Ombudsman, New Zealand

12:30pm Lunch – Michael Fowler Centre Promenades

IOI Members Handbook 47 Day 4 Wednesday 14th November 2012

Time Session A Session B Session C

1.30pm – Delivering more with less Serving vulnerable populations Holding leaders to account effectively 3.30pm Venue: MFC Main Auditorium Venue: Renouf 2 Venue: Renouf 1 Can we deliver more with less? Ensuring robust and resilient John T. D. Wood, Baljurda Protection of vulnerable groups in oversight under challenging Comprehensive Consulting, Australia Hungary and central Europe conditions Professor Dr Máté Szabó, Professor Andrew Goldsmith, Delivering more with less: Parliamentary Commissioner for Strategic Professor in Criminology presentation by the complaints Fundamental Rights, Hungary and Criminal Justice, Flinders Law Commissioner of the Cayman School, Adelaide and Adjunct Islands Protection of rights of elderly Professor, Regulatory Institutions Nicola Williams, Complaints persons Network, College of Asia and the Commissioner for the Cayman Islands Professor Irena Lipowicz, Pacific, Australian National University, & Vice-President of the Caribbean Human Rights Defender, Poland Canberra, Australia Ombudsman Association Becoming literate in disability rights Leadership code of Papua Effective Ombudsman service – an Ombudsman response to the New Guinea and the Ombudsman delivery paradigm shift Commission’s role in enforcement Dwight L. Bishop, Nova Scotia Dulcie McCallum, Freedom of to minimise corrupt practices and Ombudsman Information & Protection of Privacy ensure accountability by leaders Review Officer, Former Ombudsman Should austerity measures fetter in PNG and member of Canadian delegation the discretion of the Ombudsman Phoebe Sangetari, Ombudsman to the UNCRPD Ad-Hoc Committee to investigate complaints Commission of Papua New Guinea Dr Jane Martin, Local Government Enhancing the role of Ombudsman The Ombudsman’s role in Ombudsman and Chair, Commission institutions in the protection and promoting ethical governance for Local Administration in England promotion of the rights of persons and integrity in the public sector: with disabilities Chaired by: Lessons from the Public Protector of Professor Linda Reif, Faculty of Law, Arlene Brock, National Ombudsman South Africa University of Alberta, Canada for Bermuda Adv Thuli Madonsela, Public Chaired by: Protector of South Africa David Rutherford, Chief Human Contributing Chair: Rights Commissioner, New Zealand Holding leaders to account: An Auditor-General’s report on fraud Lyn Provost, Controller & Auditor- General, New Zealand

3:30pm Afternoon Tea – Michael Fowler Centre Promenades

48 IOI Members Handbook Day4

Time Session D Session E

4.00pm – The Ombudsman’s role as protector and promoter Developments in FOI and Ombudsmanship 5.30pm of human rights – Norway & USA Venue: MFC Main Auditorium Venue: Renouf 1 The role of the Ombudsman in promoting and The evolving FOI culture in the U.S protecting human rights – should it become a national Karen Finnegan, Deputy-Director of Government human rights institution? Information Services, US National Archives & Records Adv. John Walters, Ombudsman for Namibia Administration. Via video The role of the Ombudsman in the promotion and Freedom of information and the Norwegian electronic protection of human rights public records (OEP) Mariana Sotto Maior, Head of Cabinet, Provedor de Arne Fliflet,Ombudsman, Norway Justiça, Portugal Chaired by: A protocol for Ombudsman dealing with complaints by Colin MacDonald, Chief Executive, Department of female victims of violence Internal Affairs & Government Chief Information Officer, Roberta Clarke, Regional Program Director for the New Zealand Caribbean Regional Office of UN Women Chaired by: Judy McGregor, EEO Commissioner, New Zealand

5:30pm End of day one

6.45pm – Evening Activities 8.15pm 1. Visit to the Carter Observatory – Departs from Michael Fowler Centre 2. Night Tour of Zealandia – Departs from Michael Fowler Centre Please note that these functions are optional and you should have purchased tickets in advance. Buses will depart outside the Michael Fowler Centre at 6.30pm

IOI Members Handbook 49 Day 5 Thursday 15th November 2012 Conference Programme

50 IOI Members Handbook Day5

Time Session

9:00am Repositioning the Ombudsman: Maintaining relevance and credibility for all our stakeholders in a rapidly changing environment Venue: Michael Fowler Centre – Main Auditorium Maximising the Ombudsman’s influence, impact and effectiveness in a difficult and constantly changing environment Ann Abraham, UK Parliamentary Ombudsman and Health Service Ombudsman for England 2002-2011 Ensuring ethics in public administration: the role of the Ombudsman Nikiforos Diamandouros, European Ombudsman Traditions in setting standards of good administration: the role of legality in Ombudsman decisions Alex F. M. Brenninkmeijer, National Ombudsman of the Netherlands Chaired by: Dr David Miller, Ombudsman of the Global Fund to Fight AIDS, Tuberculosis and Malaria, and Editor of the Journal of the International Ombudsman Association (USA)

10.30am – Morning Tea – Promenades, Michael Fowler Centre 11.00am

Session F Session G Session H 11:00am – Securing Resources: Proving Suddenly displaced communities – unique Complementary or 12.30pm to others the Ombudsman is challenges requiring unique strategies for conflicting? Benefits and a worthwhile investment the Ombudsman disadvantages to being both an Ombudsman and Venue: MFC Main Auditorium Venue: Renouf 1 an FOI Commissioner Evaluating the effectiveness Challenges the Japanese Ombudsman has faced Venue: Renouf 2 of an Ombudsman: A riddle, after the Great East Japan earthquake wrapped in a mystery inside Osamu Watarai, Deputy Director-General, Complimentary or Conflicting an enigma Administrative Evaluation Bureau, Ministry of The Norwegian Ombudsman’s Professor Anita Stuhmcke, Internal Affairs and Communications, Japan experience Faculty of Law, University of Arne Fliflet,Ombudsman, Every little bit helps: Assisting state and Technology, Sydney, Australia Norway local government agencies to manage ‘Doing Better With Less?’ disaster recovery Finding the right fit: Dr Tom Frawley, Ombudsman, Phil Clarke, Queensland Ombudsman, Australia An Ombudsman and Northern Ireland freedom of information The IASC Operational Guidelines and other tools Bruce Barbour, Ombudsman, Federal Tax Ombudsman and learnings that can assist Ombudsman to New South Wales, Australia Pakistan: Making a Difference respond constructively to a natural disaster Dr Shoaib Suddle, Federal Tax David Rutherford, Chief Human Rights Contributing Chair: Ombudsman, Pakistan Commissioner, New Zealand Dr David McGee, Ombudsman, New Zealand Chaired by: The challenges Ombudsmen face when dealing Dr Peter Wilkins, Deputy with suddenly displaced communities as a result Ombudsman, Western Australia of natural disaster: The Canterbury earthquakes Karen Stevens, Insurance and Savings Ombudsman, New Zealand Contributing Chair: The Ombudsman’s role in the 2008 Cranbourne methane gas disorder & the 2009 Black Saturday bush fires John R Taylor, Deputy Ombudsman, Victoria Ombudsman, Australia

IOI Members Handbook 51 Day 5 Thursday 15th November 2012

Time Session

12:30pm Lunch – Michael Fowler Centre – Promenades

1:30pm OPCAT: Expectations versus reality. Creating an effective model that will work for an Ombudsman Venue: Michael Fowler Centre, Main Auditorium The role of the Ombudsman in preventing torture and ill-treatment: the OPCAT and beyond Mark C.A. Thomson, Secretary General, Association for the Prevention of Torture, Geneva Experiences of an Ombudsman that adapted the OPCAT model to meet the needs of their own state Dame Beverley Wakem, Chief Ombudsman of New Zealand Contributing Chair: Working as a NPM under the OPCAT. Professor Irena Lipowicz, Human Rights Defender of the Republic of Poland

2:45pm Afternoon Tea – Michael Fowler Centre Promenade

Session I Session J Session K 3:15pm – Innovative practices in upskilling Challenges for the Ombudsman Introducing & embedding FOI agencies and improving protecting prisoners’ human rights 4.45pm Venue: Renouf 2 administrative practices Venue: Renouf 1 The struggle without end: Venue: MFC Main Auditorium Safeguarding the rights of detained Experience from the UK of Integrity in decision making: persons: A paradigm of the introducing and sustaining FOI A collaborative approach challenges facing Ombudsmen legislation Chris Field, Ombudsman Western in the modern world Andrew Ecclestone, Head of FOI Australia Professor Andrew Coyle, Emeritus Policy Branch, Department of Professor of Prison Studies in the Constitutional Affairs, UK 2001-2003 E-People Initiative – Facilitating University of London and Visiting dialogue and conflict resolution Introducing FOI in small states with Professor in the University of Essex, UK between the governing and geographical challenges the governed The office of the correctional Jeannine Daniel, Assistant Young-ran Kim, Chairperson investigator and human rights: Aging, Ombudsman, Cook Islands Anti-corruption and Civil Rights disabled and aboriginal offenders in Implementing the right to Commission, Republic of Korea Canadian federal corrections Information Act in India: Howard Sapers, Correctional Contributing Chair: Experiences and challenges Investigator of Canada Proposal for the establishment Venkatesh Nayak, Coordinator, of The Code of Administrative The success of the Maori focus units Access to Information Programme, Behaviour in the Portuguese and faith based units operating in Commonwealth Human Rights Public Administration New Zealand prisons Initiative, India Mariana Sotto Maior, Head of Kim Workman, QSO New Zealand Contributing Chair: Cabinet, Provedor de Justiça, Portugal Chaired by: Introducing FOI into Judge Sir David J Carruthers, hesitant jurisdictions Chairman NZ Parole Board 2005-2012, Associate Professor Rick Snell, New Zealand Faculty of Law, University of Tasmania, Australia

4:45pm End of Day Two

52 IOI Members Handbook Day5

Time Session

5.15 pm New Board Meeting to consider candidate presentations for ExCom posts and elect new post holders – Venue: Civic 2, Town Hall

7.00pm – Conference Dinner, Wellington Town Hall 10.30pm

IOI Members Handbook 53 Day 6 Friday 16th November 2012 Conference Programme

54 IOI Members Handbook Day6

Time Session

9:00am The importance of records, accountability and ‘putting things right’ in an era of austerity Venue: Main Auditorium, Michael Fowler Centre Effective information management – the keystone of good Government Professor John McMillan, Australian Information Commissioner. (Commonwealth Ombudsman 2003-2010) Insights & experiences from investigating complaints about the actions of public authorities and accessing official information Leo Donnelly, Deputy Ombudsman, New Zealand Good records management and open government: Equal partners Karen Finnegan, Deputy Director, Office of Government Information Services, US National Archives and Records Administration. Via video Chaired by: William P. Angrick II, Citizens’ Aide/Ombudsman for the State of Iowa, USA, 1978 – 2010 . Former President of the IOI, President of the International Ombudsman Institute 2004 – 2010

10:15am Morning Tea – Promenades, Michael Fowler Centre

Session L Session M Session N 10.45am – Distancing the “public” from Taking advantage of clever Ombudsmen, access to 12.15pm the public sector – the growing technology developments and Information and anti-corruption trend towards the privatisation of other techniques to improve the agencies: Links between integrity public services Ombudsman’s work & accessibility agencies in delivering good governance and safeguarding Venue: Main Auditorium, MFC Venue: Renouf 1 taxpayers’ resources Must Ombudsmen retain remit over Old watchdog, new tricks: How Venue: Renouf 2 privatised services? social media and technology can Brian Thompson, Senior Lecturer, transform the modern ombudsman Methods for ensuring sound public Liverpool Law School, University André Marin, Ombudsman of administration, raising standards of of Liverpool, United Kingdom Ontario, Canada integrity and preventing corruption Dr Fong Man Chong, Ombudsman, Ombudsmen and the changing Planning and maintaining outreach Macau Special Administrative Region face of public services and accessibility while undergoing and Chair, Commission against Peter Tyndall, Public Services challenging reforms Corruption, Macau Ombudsman, Wales Baart Weekers, Vlaams Ombudsman, Belgium The role of the ombudsman in Public sector accountability: the “open government” century: keeping pace with a changing Decentralisation and sensitisation in exploring ways to integrate public service landscape the face of financial constraints ombudsmen into the emerging Marco Bini, Director, Policy and Alhagie B. Sowe, Ombudsman, anti-corruption framework Coordination, Victorian Auditor- The Gambia Nathaniel Heller, Executive Director, General’s Office, Australia Chaired by: Global Integrity, USA Chaired by: Peter Kostelka, IOI Secretary-General Contributing Chair: Rafael Ribó, Síndic de Greuges de and Ombudsman, Austria Queensland’s Integrity Network Catalunya, Spain Dr David Solomon, Integrity Commissioner, Queensland, Australia

IOI Members Handbook 55 Day 6 Friday 16th November 2012

Time Session

12:15pm Lunch – Promenades, Michael Fowler Centre

1:00pm Celebrating 50 years of Ombudsmanship in New Zealand Venue: Main Auditorium, Michael Fowler Centre Rt Hon Sir Anand Satyanand, Governor-General of New Zealand 2006-2011, and New Zealand Ombudsman 1995 – 2005, New Zealand Rt Hon Sir Geoffrey Palmer,Prime Minister of New Zealand 1989 – 1990 and President New Zealand Law Commission 2005 – 2010, New Zealand Mai Chen, Founding Partner, Chen Palmer New Zealand Public Law Specialists, Author of “Public Law Tool Box” and Adjunct Professor of Commercial and Public Law at the University of Auckland Business School, New Zealand Respondent: Sir Brian Elwood, Chief Ombudsman of New Zealand 1994 – 2003 and President of the International Ombudsman Institute 1999 – 2002, New Zealand Chaired by: Professor Jonathon Boston, Professor of Public Policy, School of Government, Victoria University, Wellington, New Zealand

2:30pm Venue: Main Auditorium, Michael Fowler Centre Looking ahead – challenges for the IOI in responding to its members needs in changing times Bruce Barbour, Ombudsman, New South Wales, Australia Closing remarks Dame Beverley Wakem, President, International Ombudsman Institute and Chief Ombudsman, New Zealand

3:00pm Poroporaki (Conference Closing) – Main Auditorium, Michael Fowler Centre

3.15pm End of Conference

3.30pm – Meeting of NEW Board – Venue: Civic 2, Town Hall 5.00pm Anticipated Agenda: • business plan 2012/2013

56 IOI Members Handbook Sponsor profiles

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IOI Members Handbook 57 Conference Abstracts

Rt Hon Helen Clark

Administrator of the United Nations Development Programme, Prime MInister of New Zealand 1999 – 2008, New Zealand

Presentation Title Challenges and opportunities for strengthening integrity of institutions and the relationship with the work of the Ombudsman

Venue Main Auditorium, Michael Fowler Centre

Ombudsmen, and related integrity institutions, make a vital The autonomy and adequate funding of Ombudsmen and contribution to upholding citizens’ rights and improving the related integrity institutions must be guaranteed, while also quality of governance. In today’s fast changing landscape for encouraging innovative and flexible systems which reinforce accountability – which now includes much more direct citizen citizens’ efforts. Free and independent media, vibrant civil empowerment, the proliferation of ‘sister’ institutions, and society, and effective parliaments also open up democratic the expansion of social media and other ICT platforms – there space and help ensure that states do become more responsive are new challenges and opportunities for strengthening the and accountable. integrity of institutions. The global commitment to accelerate progress on the Helen Clark’s intervention examines in detail why improving Millennium Development Goals by 2015 is an opportunity the responsiveness, accountability, and integrity of to bring the integrity of institutions and principles of governments, and enhancing the rights of citizens to justice and equity firmly into the spotlight, and to call for a participate, matters for human development, drawing on whole-of-society approach to strengthening integrity and examples from the work of UNDP. It also explores how, and accountability. UNDP, the Office of the High Commissioner why, it is critical to build synergies between formal and for Human Rights, and other UN system partners salute and informal mechanisms of accountability and redress. affirm the work done by the world’s Ombudsmen to promote more responsive governance and accountability and to providing means of redress to citizens, and look forward to continuing to partner with Ombudsmen and related institutions to those ends.

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Professor Alasdair Roberts

Jerome L. Rappaport Professor of Law and Public Policy at Suffolk University Law School, and Faculty Director of the Rappaport Center for Law and Public Service, United Kingdom

Presentation Title Transparency in troubled times

Venue Main Auditorium, Michael Fowler Centre

Difficult economic times are often threatening to the idea instability. Indeed, the crisis itself can be regarded as the result of transparency. Financially troubled governments argue of multiple failures of transparency in the private and public that openness is a luxury, not a necessity. And the political sectors. The temptation to view openness as a luxury must be uncertainty that is generated by economic troubles sometimes resisted. It is precisely at the moment of economic crisis that makes governments hesitant about releasing sensitive the idea of transparency is most important. information. But the reluctance to maintain transparency can have serious consequences. Secretiveness can undermine the legitimacy of governmental action and contribute to political

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Michelle Bachelet

Under-Secretary General and Executive Director of UN Women, President of Chile 2006 – 2010

Presentation Title The Position of Women’s Rights—How the Ombudsman Can Contribute Towards Changes Needed in Making Women’s Rights a Lived Reality in Public Policy and Administration

Venue Main Auditorium, Michael Fowler Centre

On the 50th anniversary of the creation of the Office of the In addition to promoting women’s rights as a matter of Ombudsman in New Zealand, it is clear that the mandate of good governance and transparency, ombudsmen can also the ombudsman has evolved and expanded as the number advocate for women’s access to the formal justice system, of ombudsmen has multiplied. New Zealand was the fourth particularly in cases of discrimination and violence against country in the world to establish the position; membership women. Since ombudsmen are strongly associated with the of national institutions in the International Ombudsman defense and functionality of democratic governance, they are Institute now numbers 150. In the 21st century, the office of indispensable in both stable democracies and in the post- the ombudsman is a mechanism of justice to promote the rule conflict environment, where they can help to shape justice of law, ensure accountability and protect the human rights of systems and establish a culture of human rights and equality. all citizens. All ombudsmen should take advantage of their role in With the development in recent decades of a strong international society and promote priority areas for women such as ending foundation for women’s legal rights around the world in violence against women, advocating for women’s economic conventions, treaties, and agreements, ombudsmen are well- opportunities and closing salary gaps, and promoting positioned as an independent voice of accountability to hold women’s political leadership through special temporary their states accountable for upholding these commitments. measures such as quotas. In doing so, they can promote equality between men and women to become a lived reality.

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Dr Richard Kirkham

Faculty of Law, Sheffield University, United Kingdom

Presentation Title The Ombudsman enterprise and administrative justice

Venue Main Auditorium, Michael Fowler Centre

Much has been written on the role of the ombudsman, but the which move the ombudsman beyond the consideration of first decade of the 21st century saw a shift in the operational conventional issues of maladministration. practice of a number of ombudsman schemes which deserves A bolder approach has also been taken towards promoting recognition. My research (with Buck and Thompson) has been good administration. General guidance documents based mainly on ombudsman schemes from the common have become more common, as have headline grabbing law world, particularly those in the UK. However, because systemic reports which sometimes recommend not just the ombudsman model is so flexible and transferable, administrative improvements, but legal and institutional developments within one model of ombudsman can have a reform or recommendations targeted at financial efficiency. much wider import. Occasionally, the role of the office has even been expanded to Roles include elements akin to audit or regulation. The core roles of the ombudsman have long been understood Impact and accountability to be ‘fire fighting’ (grievance handling) and ‘fire watching’ Arguably, the ombudsman enterprise has moved on. (promotion of good administration), but there is evidence Whether such a trend survives the more depressed economic of a fresh willingness to engage creatively with the climate of the second decade of the 21st century remains to implementation of those roles. This evolution in the work be seen. But bolder institutions attract more questions. The of the ombudsman has been driven in part by increased ombudsman has always been justified through big claims demands placed upon the entire administrative justice as to its capacity to promote democracy and the rule of law. system. To address this challenge, ombudsmen must Can these claims be verified? The improved trust and justice operate alongside other institutions in a coherent and that the ombudsman purports to promote have never been integrated fashion. properly evidenced. The need to ask this question would be In grievance handling, an enhanced emphasis on providing less if we could be confident of the accountability processes complainants with a quality customer service, includes that accompany the ombudsman. But whilst in some instances assisting failed complainants in navigating their way around these are strong on paper are they always fully applied? the administrative justice system. It is also now standard In amongst the challenges facing the ombudsman, finding for local complaints processes to be relied upon to help ways to verify the impact of the office and ensuring that streamline the workload of the ombudsman. Once complaints accountability is effective are of upmost importance to its are taken on by the ombudsman, the informal resolution of long term credibility. disputes has become the preferred remedy. At the same time, the boundaries of the remit of the ombudsman have been tested with ever more schemes explicitly considering human rights issues. Other schemes have been given new dispute resolution roles, such as investigating failures in service,

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Professor Anita Stuhmcke

Faculty of Law, University of Technology, Sydney, Australia

Presentation Title Discretion, direction and the Ombudsman: to steer the ship or to choose the ship?

Venue Main Auditorium, Michael Fowler Centre

In the context of the ombudsman institution discretion to existing or creation of new access to justice institutions has a number of functions. Firstly, its use is investigated by –which may fundamentally alter the system within which ombudsman with respect to how government administrators an ombudsman operates. While important, forced external have exercised discretion in the making of administrative change is not the focus of this paper. decisions. Secondly, discretion is usually conferred upon the This paper examines how the discretion of an ombudsman is ombudsman by the governing statute, to determine whether used to determine strategic direction and considers whether a complaint will be investigated and how this will be done. limits on its use are desirable and/or necessary. The question Thirdly, ombudsman generally hold discretion to investigate examined is whether discretion should be used in a limited systemic issues with freedom to determine how such way to allow an office to adapt to changed operational investigations will be conducted. Finally, Ombudsman are environments and/or should discretion be used to change given wide discretion with respect to the strategic focus how the ombudsman office functions? To illustrate the of their own office. significance of discretion the example of the balance between This paper examines discretion with particular focus on systemic improvement and individual complaint handling discussing the role that discretion plays in shaping the is examined. direction of an ombudsman office. The basic premise Ultimately, in assessing the appropriateness of usage underlying this examination is that an ombudsman institution of discretion by an ombudsman, the paper returns to must change. Indeed just as the adoption of a particular the identification, creation, adaptation and sharing of model or type of ombudsman depends upon institutional, fundamental norms of the ombudsman institution. cultural and personal factors, the longevity of an ombudsman This is made necessary as while there are basic precepts institution will both result in, and be brought about by, of ombudsmanry such as independence, impartiality and adaptation and calibration of functions. It should be noted maintenance of the rule of law which outline the limits that change may also have very little to do with the use of of singular exercises of discretion, there is an absence of discretion and/or choice of the ombudsman. For example, consideration as to how and to what extent such norms of external statutory change may be forced upon the office ombudsmanship interact with a holistic conceptualisation of and/or operational choices may be prescribed by changes ombudsman discretion.

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Professor Philip A Joseph

School of Law, University of Canterbury, New Zealand

Presentation Title Parallel Universes: Ombudsman and courts

Venue Main Auditorium, Michael Fowler Centre

Has the law of judicial review caught up with the Ombudsman flexible, discretionary standards similar to those applied by the regime for reviewing administrative conduct? My paper Ombudsmen. The judicial methodology is simplified, based on explores this question and concludes “yes”. On the 50th fairness and overall evaluation as for Ombudsman inquiries. Anniversary of the Ombudsman in this country, it is This posits a further question: Why are the Ombudsmen no appropriate to look at the state of administrative law in 1962, less relevant today, despite the courts and Ombudsmen and analyse why the office was such a welcome reform. working coincidentally? Why has the number of Ombudsmen Principles of judicial review were undeveloped, formalist complaints grown from around 300 in 1962 to over 8,000 and rigid. They were premised on false dichotomies in the today? The Ombudsmen are accessible, the courts are not. law: judicial v administrative, void v voidable, mandatory Litigation is costly, involves delays, and produces less-than- v directory, jurisdictional v non-jurisdictional etc. Litigants optimal outcomes through formal judicial remedies. The seeking justice through the courts confronted impenetrable Ombudsmen’s work will never be done, no matter how barriers, creating a lacuna in the State’s accountability coincidental and complementary the principles of judicial mechanisms. The office of Ombudsman was an innovative review. My paper will trace the relaxation of judicial review and pioneering reform to fill the void. The Ombudsman’s principles in New Zealand and will conclude that courts and procedures were flexible and informal, and accessible to Ombudsman occupy parallel universes. ordinary folk. Now, 50 years on, have the courts caught up in the standards to be applied for adjudging administrative conduct? Yes: principles of judicial review have evolved into

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John T D Wood

Baljurda Comprehensive Consulting, Australia

Presentation Title Can we deliver more with less?

Venue Main Auditorium, Michael Fowler Centre

In the context of imposed financial constraints, many Suggestions cover short term and longer term approaches, ombudsman offices are having to confront the challenge of and range from better management practices, to complaint how they can maintain quality services in the face of growing tracking, analysis and reporting, and seeking out whole-of- numbers of complaints from the public about the services and sector investigations. administration that they oversee. He also invites participants to bring their own experiences to From his work in reviewing parliamentary and industry bear on the subject. ombudsman schemes, government and private sector complaint handling schemes, and in undertaking research on accountability, John Wood puts forward various suggestions about what can help an organization be more effective whilst dealing with resource constraints.

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Nicola Williams

Complaints Commissioner for the Cayman Islands & Vice-President of the Caribbean Ombudsman Association, Cayman Islands

Presentation Title Delivering more with less: presentation by the Complaints Commissioner of the Cayman Islands

Venue Main Auditorium, Michael Fowler Centre

Question: In these globally financially straitened times, how What OCC does to maximise effectiveness with each group of can we as Ombudsmen maximise our effectiveness and stakeholders: maintain the high quality and standard of our work when all Government our resources (financial and personnel) are being cut? • Internal Complaints Process and Awards scheme Introduction: Background to Cayman. Distinguishing features • Newsletter distributed on government intranet – its small size, both a blessing and a curse; close familial ties • Maintaining strong international links with other among the host population; large percentage of expatriate Ombudsmen organisations to maximise our leverage workers. Complainants / members of the public Effect of cuts on OCC. • Internal Complaints Process and Awards scheme • Carefully targeting Own Motion investigations 2 main sets of stakeholders: • Targetted advertising (Heritage Week/Pirates Week – • Complainants / members of the public wider reach and culturally relevant) / regular quarterly • Government radio slot on Radio Cayman / word of mouth • Print copies of newsletter distributed to shops, hospitals, etc • OCC website and Facebook • Use the fact that it is a small jurisdiction to network assiduously and retain goodwill.

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Dwight Bishop

Nova Scotia Ombudsman, Canada

Presentation Title Effective Ombudsman service delivery

Venue Main Auditorium, Michael Fowler Centre

Doing more with less is, at its core, about leveraging your Strategic use of collaborative teams provides mentoring resources, people, and influence to achieve better outcomes, opportunities for staff to grow, and to broaden their skill base. and more effective change in government services, while Regular rotation of team membership, tasks, and subject areas still maintaining an oversight role. It can be a fluid concept, undertaken can result in a more adaptable workforce—one outwardly oriented, and recognizes the importance of people that is prepared for the diversity and complexity of complaints as agents of change. There is no easy way to accomplish that an Ombudsman’s Office must address. systemic efficiencies, however hitting the ‘reset button’ does Utilizing a Major Case Management (MCM) model provides provide an opportunity to re-evaluate the manner in which we a highly effective system for accessing, examining, and work and how services are provided to citizens. managing information. It is a disciplined and systematic Core components of effective ombudsman service delivery approach to managing demanding files and enhancing are the development of front line staff; employing a major accountability. MCM also promotes the strategic use case management philosophy; and the utilization of proactive of resources required by an investigation through the initiatives such as outreach, alternate dispute resolution, and systemized application of an investigation plan, assignment of building relationships. A proactive approach involving specific appropriate and competent investigators, and management of outreach initiatives often prevents the escalation of concerns. information gathered. It can also identify changes required for improvements Question for conference participants in service delivery. When integrated effectively, these What role does the Ombudsman play in the relationship components reduce the reliance on formal investigations and between the public and government? the associated draw on resources.

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Dr Jane Martin

Local Government Ombudsman and Chair, Commission for Local Administration in England, United Kingdom

Presentation Title Austerity, public policy and politics – implications for fettering the discretion of the Ombudsman to investigate complaints

Venue Main Auditorium, Michael Fowler Centre

UK coalition government austerity measures have included At a time of reducing the costs of central regulation, the asking all public sector organisations to reduce budgets by Government has signalled its commitment to ‘armchair up to one-third during the comprehensive spending review auditors’ holding local authorities and service providers period to 2015. The Local Government Ombudsman (LGO) in to account for service quality. This means that we have to England has negotiated a 27% reduction in funding with its adapt to a changing landscape of local service provision by sponsor department, Communities & Local Government the private, independent, voluntary and charitable sectors based on a transformation plan which implements a new commissioned increasingly by local groups, closer to the business model. Building on a strategic review of the community, on behalf of the principal local authority. This organisation, the LGO have looked hard at how more will present an increasing need to ensure fairness for citizens flexible use of resources can give better value for money, and communities in terms of good public administration and based on proportionate dispute resolution, without service provision. threatening the discretion of the Ombudsmen. This session will provide an opportunity to learn more about One key consideration for LGO is how to manage demand how the LGO is transforming the organisation to deliver for the service. We are operating in a challenging external more for less in a public policy context which challenges the environment. The Government recognises the value of the traditional boundaries of the Ombudsman institution. Ombudsman institution and acknowledges the importance of independent redress for citizens.

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Professor Dr. Máté Szabó

Commissioner for Fundamental Rights, Hungary

Presentation Title Protection of vulnerable groups in Hungary and central Europe

Venue Renouf 1

Protecting the fundamental rights of the citizens and every Since the start of my mandate as Commissioner since 2007, human being in one country is more in the focus of attention I have launched a new working method related to vulnerable in a time of need and uncertainty, in the time of the financial groups and social problems. We determine every year what crisis when intolerance toward diversity and tensions between topics are especially important for the society and the ethnic groups may increase. The minorities and vulnerable enforcement of rule of law and have a particular significance groups are more affected by the consequences and influences from the point of rights and freedoms. Therefore, the projects of the insecure economic environment. Therefore, the human for 2012 are “the child-friendly justice”, which is the topic of the rights organisations, bodies and agencies have an increased thematic year of the EU; the “losers of the crisis- in the trap of role and duty to protect the fundamental rights of the the incomplete paragraphs”; and one project is on the “dignity persons affected and in need. The Ombudsmen hold a special of labour vs. new law on working relations”. We focus on these responsibility, who act as a civil mediator and can raise public subjects generally in Hungary; moreover we also concentrate awareness for certain troubling situations as well. on the marginalised border-region close to Slovenia and Austria, where we investigate environmental damages and In Hungary, important and essential changes have been made cross-border garbage-issues; the rights of the local Slovene by the adoption of the new Fundamental Law of Hungary minority, and issues related to welfare, especially cases of in April 2010. The new institutional framework provides a handicapped people, whom are sent to an old-type huge more effective and proficient way of work and protection institution in a small town far from Budapest, where mentally- of fundamental rights of vulnerable groups in Hungary. ill people are located as well. Our previous projects have also The mandate of the Commissioner has been enlarged by new included the homeless, the handicapped and patient’s rights, competencies protecting children’s rights; national minorities, the migrants and prisoners’, as well as the children’s rights; people hit by disasters and environmental damages, pollution, and the problems related to the rights and recuperation of and socially marginalised as homeless persons. Furthermore, the biggest industrial disasters of Hungary in 2010. the Hungarian Government’s intention is to give the new Office the task of being the control mechanism of the UN Treaties and Conventions in Hungary on the fields of OPCAT; people living with disabilities and on children’s rights issues.

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Professor Irena Lipowicz

Human Rights Defender, Republic of Poland

Presentation Title Protection of rights of elderly persons

Venue Renouf 1

One of the key factors determining the situation of global One of these examples is related to the participation of the human population is ageing and prolonged lifespan of an elderly in the labour market. Pursuant to the latest Polish average individual. Due to these demographical changes, case-law the elderly are vested with a right to continue their the percentage of the world population in 2050 will be provision of work irrespective of their reaching the statutory composed of the equal number of the elderly and the retirement age. As far as health protection is concerned, the young people. According to global estimates, between research (Pol-Senior 2011) conducted among the elderly 2000 and 2050 the percentage of people above 60 shall yielded data which are used to draft recommendations on rise twofold (from 10% to 22%) and shall amount to 2 billion health prevention and social policy in this area. people, whereas the percentage of children shall dwindle Another type of activities dealing with this issue is provided by by a third (from 30% to 21%). Yet it has to be granted that the hospice movement, whose operation rules are stipulated with regard to specific regions and states there exist in the Polish law. The system of Polish public administration demographical differences. Due to this major demographical also includes the Office for War Veterans and Victims of change, studies on including the elderly in full participation Oppression, whose aim is to provide protection and care to in social and public life are being conducted and the war veterans. Another issue is the introduction of a suitable importance of preventing age discrimination is stressed. housing policy, enabling the elderly to exist on their own. In order to make this message stronger, the year 2012 in Proper infrastructure and the existence of a network of the European Union was proclaimed the European Year medical establishments and grocery shops also increase the For Active Ageing and Solidarity Between Generations. chance of independent existence in their neighbourhood. Yet we should turn our attention to what happens with this One should monitor the situation to prevent closing down social group not only because of an increasing number of the of the above-mentioned establishments in neighbourhoods elderly. The Polish Ombudsman guards rights and freedoms of populated by the elderly. Inclusion of the elderly in the people and citizens regardless of the scale of the violations of financial services sector enabling a full participation in law. The Madrid International Plan of Action on Ageing, which social life. was adopted by the United Nations in 2002, anticipates these changes by indicating that governments should fully use the The Human Rights Defender may effectively ensure the tremendous potential created by the ageing of societies in the execution of the rights of the elderly not only by representing 21st century. The Madrid Plan is also to guarantee to people them in individual cases, but also by promoting good practices all around the world a chance of decent and safe ageing and recommendations for changes in the social policy system, which will allow them to continuously participate in social life which are aimed at improving the situation of the elderly as citizens enjoying all of their rights. However, one should and are grounded in research. This can be done by extending take into account differences which occur among the elderly patronage to bottom-up citizens’ initiatives and events carried themselves. Each of the age subgroups is characterized by out by engaged NGOs. An important partner of this events some other features, needs and conditions related to them. are Universities of the Third Age which bring together active elderly persons who promote active and independent lifestyle Specific examples of a positive implementation of strategic and who build a community which make their voice heard in goals related to various aspects of social life. public debates on the matters concerning seniors.

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Dulcie McCallum

Freedom of Information & Protection of Privacy Review Officer, Ombudsman for the Province of British Columbia 1992 – 1999, Canada

Presentation Title Becoming literate in disability rights – an Ombudsman response to the paradigm shift

Venue Renouf 1

The UNCRPD, the first international human rights document In order to meet this challenge, an Ombudsman must of the 21st Century, reflects a major paradigm shift in the ascertain what fairness and equality mean in reality for rights of persons with disabilities. Given the historic and people with disabilities. Article 33 of the UNCRPD recognizes pervasive disadvantage suffered by the majority of the 500 the historical disadvantage and thus requires States Parties Million people with disabilities throughout the World, can to consult with civil society. Is this the principal tool for an the Ombudsman’s independent oversight role provide a Ombudsman to become literate in disabilities issues? How sufficiently powerful means to address the breadth of the can the Ombudsman balance the need to consult and the problem? As the designate to promote, protect and monitor requirement to remain impartial? Can an Ombudsman implementation, can an Ombudsman, armed only with the promote, protect and monitor while avoiding the optics of traditional recommendation power, prove effective in face being biased or being viewed as an advocate? While often of the most egregious contraventions of the UNCRPD? associated with a citizen’s right to be heard, an Ombudsman is assumed to have the tools to conduct meaningful As part of its monitoring role, is an Ombudsman sufficiently consultations. What do those look like under Article 33? equipped to investigate allegations of breaches of the Does the obligation to consult civil society deviate from the UNCRPD? The World has largely been designed by people historical complaint based Ombudsman model? who do not have a disability. Disability is a social and legal construct firmly entrenched within democratic systems. Unearthing and speaking the truth is at the core of the These engrained historic practices and laws can often statutory authority granted to an Ombudsman by Parliament contribute or exacerbate the disadvantage resulting from or Legislature. The Ombudsman model of accountability is ongoing breaches. In the pursuit of truth, will an Ombudsman based on the magic of what an independent non-partisan be able to delve into what defines issues for persons with investigation can discover. In essence, that magic is that the disabilities on a sufficiently knowledgeable basis to make a facts upon which the findings are based are irrefutable and are difference? Are some of the traditional requirements of the the basis upon which the recommendations for change are Ombudsman model such as complaints are required to be based. Because an Ombudsman has the power to go public, filed by the person aggrieved, in writing or by telephone governments often find it impossible, given the credibility and themselves incompatible with the UNCRPD? standing that the public affords the Ombudsman, to reject or discredit the results without public outcry. In the end, is it possible for an Ombudsman to become sufficiently literate in disability rights to gain the trust and credibility in order meet its assigned challenge under the UNCRPD?

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Professor Linda C. Reif

Faculty of Law, University of Alberta, Canada

Presentation Title Enhancing the role of Ombudsman institutions in the protection and promotion of the rights of persons with disabilities

Venue Renouf 1

In recent years, the international system has focused on Human rights ombudsman institutions have express human increasing the human rights protection of persons with rights protection mandates, while classical ombudsman disabilities, including those with physical, mental, intellectual institutions lack an express human rights mandate, although and other disabilities, and children with disabilities. Along in practice they may be able to address human rights issues with the development of international and regional human in their work depending on their legal framework and rights law, the international community has promoted the the domestic legal system. Ombudsman institutions are use of national human rights institutions (NHRIs)—primarily candidates for UNCRPD art. 33(2) designation. Furthermore, human rights commissions and human rights ombudsman all ombudsman institutions need to mainstream protection of institutions—and other institutions such as the classical the disabled in their activities; work that may be facilitated by ombudsman to implement states’ international human rights their state’s international and domestic legal obligations. law obligations in the domestic sphere. What are the different ways in which the rights of disabled This presentation will discuss the main international and persons can be protected through the work of diverse regional law instruments protecting the rights of the disabled, ombudsman institutions? This presentation will examine with a particular focus on the UN Convention on the Rights a sampling of human rights ombudsman and classical of Persons with Disabilities (UNCRPD). In particular, art. 33(2) ombudsman institutions, including but not limited to some of UNCRPD calls on state parties to establish one or more formally designated as domestic monitoring mechanisms, to independent mechanisms…to promote, protect and monitor explore the various ways in which they can work to protect implementation of...the Convention” taking into account the and promote the rights of disabled persons. Based on these Paris Principles on NHRIs. case studies and other sources, this presentation will make an initial list of good practices to assist ombudsman institutions in mainstreaming the protection of the rights of the disabled in their work.

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Professor Andrew Goldsmith

Strategic Professor in Criminology and Criminal Justice, Flinders Law School, Adelaide and Adjunct Professor, Regulatory Institutions Network, College of Asia and the Pacific, Australian National University, Canberra, Australia

Presentation Title Ensuring robust and resilient oversight under challenging conditions

Venue Renouf 2

The paper will examine the conditions confronting oversight The second part explores what can be done to render agencies in deeply compromised environments, and consider oversight institutions more robust and effective in their tasks. some strategies and tools for ensuring that oversight integrity They must face what I shall call the ‘paradox of effectiveness.’ is both preserved and able to be effective under these This is, the more effective oversight agencies are or look like conditions. becoming, the greater the opposition and resistance they will engender, in all likelihood undermining their effectiveness. In the first part of the paper, the different forces that render While it is possible to devise a checklist of necessary powers impartial and effective oversight difficult or impossible and resources as minimum formal conditions for functioning, in developing, transitional, and post-conflict societies are the prospects for more resilient oversight depend upon a identified. A number of examples from countries such as broader range of measures. Finding new bases of support for Colombia and Kenya are drawn upon to illustrate how their functions is critical yet it is also the case that these must oversight agencies have previously been undermined be ones that do not compromise those essential functions and their key officials forced to resign or cease to pursue (eg through conflict of interest). A broadening of focus, from investigations through threats and intimidation. In addition case investigation to include pattern analysis and prevention, to the impact of key individuals in these stories of oversight is suggested as one way to enlarge the appeal and relevance fragility and failure, there are broader social, economic and of the agency. A focus on illicit enrichment is another. political factors that play their part in weakening oversight The paper will argue that oversight integrity is not simply institutions. The role of the private sector, as well as the a matter of capacity but also one of intent and focus. character of government agencies, needs to be considered in Ensuring that public officials working in these agencies this regard. Too often anti-corruption reforms and oversight remain on course requires a range of measures – these include measures exist in splendid isolation from other potentially protections from intimidation as well as proper training and supportive institutions within the state and civil society. financial incentives. Question: How might the ‘paradox of effectiveness’ be resolved?

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Phoebe Sangetari

Ombudsman Commission of Papua New Guinea

Presentation Title Leadership code of Papua New Guinea and the Ombudsman commission’s role in enforcement to minimise corrupt practices and ensure accountability by leaders in PNG

Venue Renouf 2

Papua New Guinea (PNG) is an Independent State situated to The Paper looks at the underlying reasoning for a Leadership the North of Australia and East of Indonesia. It has entrenched Code ; what is contained in the Leadership Code of Papua in its National Constitution, a Leadership Code to regulate New Guinea; who is subject to the Leadership Code and the conduct of persons holding public office (referred to as how corrupt practices are minimized and Leaders or persons Leaders) to minimize their involvement in corrupt practices holding public office, in PNG are made accountable under the and make them accountable. The National Constitution Leadership Code. The Paper also looks at the establishment of of Papua New Guinea, also established the Ombudsman the Ombudsman Commission and its role with implementing Commission comprising of 3 members. Besides performing / enforcing the Leadership Code (ie oversight function over the traditional role of an Ombudsman to investigate Leaders) and the impact. citizens complaints about wrong conduct and defective Questions or issues arising from this Paper or presentation on administration by Government Agencies (ie oversight the Leadership Code are; function over Government Administration), the Ombudsman Commission has a unique role to enforce the Leadership Code (1) The use of Codes of Conduct as a tool or strategy to in PNG (ie oversight function over Leaders or persons holding minimise corrupt practices and ensure accountability by public office). persons holding public office including Politicians and Heads of Public Sector Agencies ; and (2) The role of an Ombudsman in enforcement of such Codes of Conduct to minimise corrupt practices and to ensure accountability by such public office holders.

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Adv Thulisile Madonsela

Public Protector of South Africa

Presentation Title The Ombudsman’s Role in Promoting Ethical Governance and Integrity in the Public Sector: Lessons from the Public Protector South Africa

Venue Renouf 2

The modern Ombudsman institution is an important pillar South Africa under the name Public Protector, the vision was of constitutional democracy with enormous potential primarily to provide a mechanism for swift justice for ordinary for promoting ethical governance and optimising public people to exact accountability for administrative wrongs in accountability through enhancing people’s voices and the state affairs. There was also a conscious understanding that the state’s conscience. As global leaders battle to come to terms office would play a role in combating corruption. Sixteen years with increasing and often violent demands for a listening, on, the Public Protector has made an impact on administrative responsive and accountable state, a credible Ombudsman justice, ethical governance and corruption concerns. office is one of the pillars of democracy that can add value. The paper looks at foundational provisions of the Public Protector South Africa; achievements in the pursuit of good The Ombudsman office can also make a significant governance; success factors with emphasis on constitutional contribution towards ensuring that the use of state power provisions regarding the constitutional vision of society, and resources is always informed by public interest and the character of the state and public accountability; fairness thus contributing to the protection and promotion challenges; and future possibilities. Where possible, of human rights and ultimately, peace and stability. When the case studies are referred. Ombudsman was conceived and eventually established in

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Lyn Provost

Controller & Auditor-General, New Zealand

Presentation Title Holding leaders to account: An Auditor-General’s report on fraud

Venue Renouf 2

New Zealand generally has a “clean” image when it comes Key to recognising and maintaining an ethical culture is to transparency and integrity. We consistently rank highly ensuring appropriate action is taken against fraudsters in a in international and domestic surveys that measure public transparent manner so people feel confident that concerns trust in government and the effectiveness of systems and are acted on. In our survey, organisations that ‘closed the loop’ processes that deal with fraud and corruption. This is in spite and communicated about previous incidents of fraud to staff, of New Zealand’s statutory context being less sophisticated generally had fewer incidents of fraud. than comparable countries such as Australia and UK. Yet we know that it is easier to preach transparency than Our general absence of systemic large-scale corruption is to live by it when addressing incidents of wrong doing. attributed to the integrity of our system, underpinned by This paper will explore the challenges of transparent day to strong and shared common values. Because New Zealand day decision-making. It asks how the challenges of natural is relatively small, there is inherent trust in individuals. justice, privacy and organisational reputation are protected while we seek the transparency that supports integrity? A recent survey on public sector fraud carried out by PWC for the NZ Office of the Auditor-General confirmed a strong commitment within the public sector to protecting public resources and to high transparency and integrity standards.

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Adv John Walters

Ombudsman for Namibia

Presentation Title The role of the Ombudsman in promoting and protecting human rights – should it become a national human rights institution?

Venue Main Auditorium, Michael Fowler Centre

Introduction The right to eat is as fundamental as the right not to be Before we can discuss the appropriate role of the Ombudsman arbitrarily arrested or the citizens’ right to complain to the in respect of human rights, we must have a clear picture Ombudsman and have that complain dealt with. of what human rights and human rights principles are. It is quite uncommon for the right to good administration, The sketch which I am going to draw may be familiar to many the right to complain and ready access to the Ombudsman of you. However, I believe its reiteration is a good point of to have the status of fundamental rights in legal systems. It departure. I will examine the human rights dimension of is through their work that Ombudsman are developing good the Ombudsman. I shall discuss the “hierarchy of rights” with administration and raising it to the level of a fundamental right. emphasis on the “third generation rights” and then return to the question of the appropriate role of the Ombudsman in If good administration is a fundamental right to which respect of human rights, and examine the pros and cons of each citizen is entitled, aggrieved persons have the right Ombudsman pursuing to becoming a National Human Rights to complain and are entitled to speedy, free and informal Institution (NHRI) in conformity with the Paris Principles. procedures to address the wrongs. The state has a duty to provide aggrieved persons with ready access to an institution Human Rights and Human Rights Principles such as the Ombudsman to correct the wrongs. The service Human Rights are the rights a person has simply because he of the Ombudsman as a basic right is guaranteed in the or she is a human being and are held by all persons equally, Namibian Constitution. universally and forever. All human rights are universal and inalienable, indivisible, interdependent and interrelated. Ombudsman Role in Promoting and Protecting Human Rights Through its work the Ombudsman becomes the institution Human Rights Dimension of the Ombudsman for the general promotion and protection of human rights. Over the years varying views and ideas of the role of the It is indeed a safeguard of the individual’s right to good Ombudsman in respect of human rights have emerged: administration which is reinforced by the fact that the • the Ombudsman’s primary task is helping to ensure that Ombudsman services and procedures are informal and free of the government respects its citizens’ human rights; charge. By visiting prisons and places of detention, receiving • the Ombudsman has been said to be a concept complaints and examining the treatment of inmates, the entrenched within a democratic society as a safeguard Ombudsman becomes the national preventive mechanism against governmental abuse of individual liberties; in terms of the Optional Protocol to the Convention against • the Ombudsman helps individuals by giving them a Torture (OPCAT), without being formally designated. chance to exercise their right to make a complaint where Questions they would otherwise fear to do. 1. Who should be designated as the national preventive A Hierarchy of Rights? mechanism in terms of OPCAT – the Ombudsman, NHRI, The so called first generation rights are civil and political another independent body or a combination of them? rights; i.e. the right to life, fair trial, education, etc. The so called 2. Should the Ombudsman be designated as one of the second generation rights are economic, social and cultural focal points for matters relating to the implementation of rights, i.e. the right to health, work, housing, etc. Thirdly, there the Convention on the Rights of Persons with Disabilities? is the area of administrative justice, i.e. the right to good 3. Who should be designated as the mechanism to combat administration and proper governance, the right to complain racism, racial discrimination and xenophobia in terms of and ready access to the Ombudsman. However, human rights the Durban Declaration and Programme of Action – the are indivisible; therefore, all human rights have equal status, Ombudsman, NHRI or a special body? and cannot be positioned in a hierarchical order.

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Mariana Sotto Maior

Head of Cabinet, Provedor de Justiça, Portugal

Presentation Title The role of the ombudsman in the promotion and protection of human rights

Venue Main Auditorium, Michael Fowler Centre

What is or what can be the role of the Ombudsman Furthermore, is will be stressed that the powers attributed by regarding human rights? law to the Ombudsman – namely to act on his own initiative, to carry out inspection visits to any place of activity of the This presentation will reflect on this question, building on the central, regional or local administration, to issue administrative idea that even in the work of more classical institutions, with and legislative recommendations, to request the constitutional a mandate related mainly to administrative justice, human court a review of the unconstitutionality or illegality of any rights can play a role, to the extent that the backdrop against legal provisions and to report to Parliament – allow him a which legality is assessed also includes the international legal more generic and systematic intervention, for the protection framework on human rights. and promotion of human rights in general and of the most While the concrete ways in which Ombudsmen engage in vulnerable groups of persons in particular. human rights promotion and protection depends on their Against this background, this paper will focus on some areas mandates, the limitations of each specific statute and the of intervention in which the human rights dimension is more history and traditions of their countries, the international evident, while also mentioning new initiatives concerning community has already acknowledged and encouraged their education on human rights, namely a protocol signed with the role in this area, in instruments such as UN Resolution 65/207. Ministry of Education, aiming to promote the divulgation of Drawing from the experience of the Portuguese Ombudsman, the content and meaning of each of the fundamental rights examples will be given on how the human rights dimension is and the role of the Ombudsman in their defense. expressed in the Ombudsman’s work. Recent efforts to increase, promote and raise awareness to the It will be noted that, as an institution created after a revolution, Ombudsman’s activity as National Human Rights Institution, with the aim to affirm the primacy of a democratic state and such us a recommendation issue to Parliament to include the respect for human rights, the Portuguese Ombudsman this role on the Ombudsman Statue, which is currently under was given a broad mandate – to protect and promote all consideration, will also be highlighted. fundamental rights of all citizens, ensuring that public powers Finally, reference will be made to the interaction with the act fairly and in compliance with the law – and that special international system of human rights and the efforts made care was also taken in inserting the right to complain to the to promote the creation or designation of Ombudsman Ombudsman in the Portuguese Constitution’s chapter on or National Human Rights Institutions in Portuguese fundamental rights. speaking countries.

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Roberta Clarke

Regional Program Director for the Caribbean Regional Office of UN Women

Presentation Title The Role of The Ombudsman in Ending Impunity for Gender-based Violence

Venue Main Auditorium, Michael Fowler Centre

In its work, on gender-based violence, UN Women seeks in The manner in which the Ombudsman functions presents partnership with governmental and non-governmental actors opportunities for the advancement of both awareness and to strengthen state accountability and community actions to implementation of women’s rights to lives free of violence. end impunity, to better protect victims and ultimately to build Ombudsman offices do not only respond to individual a culture of zero tolerance. complaints but have the power to undertake investigations on their own motion. The Ombudsman can pursue matters Given what we know about under-reporting, attrition and where it appears that there are underlying patterns and impunity, UN Women is focussed on accountability which is common causes for maladministration. In this way, such a a central theme in human rights discourse. Accountability broad and systemic approach can serve as a resource for the implies a reckoning as well as a remedy for wrong suffered at administration of justice and other governmental institutions the instance of state actors. It can be defined as the ability to in identifying and preventing recurring unfairness that ensure that public officials are answerable for their actions, undermine women’s access to justice. omissions and decisions. The presentation makes recommendations for a more While the Ombudsman is neither a tool of legal accountability proactive role in monitoring the administration of justice’s nor of political accountability, it is a mechanism for responses to gender-based violence. The presentation will also accountability which allows both the redressing of individual share the development of a Protocol of Partnership developed experiences of injustice as well as addressing systemic systems between the Caribbean Ombudsman Association, Caribbean and structures to ensure a more effective and equitable access police forces and women’s organisation that provide services to state actions and resources. and advocacy in the context of ending gender-based violence.

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Karen Finnegan

Deputy-Director of Government Information Services, US National Archives & Records Administration, United States of America

Presentation Title The evolving FOI culture in the US.

Venue Renouf 1

On his first full day in office, President Barack Obama did dollars annually on FOIA administration and litigation. Given something remarkable—he issued a memorandum stressing the volume of requests and appeals, it is not surprising that the importance of the Freedom of Information Act (FOIA). disputes regularly arise between members of the public and The President’s memorandum ushered in a new FOI mindset federal agencies who sometimes have very different notions of that included a clear presumption—when in doubt, openness what FOIA requires. In many cases, these disputes are resolved prevails. In September 2009, another pivotal part of the in a court of law, which involves an expensive and lengthy FOI culture change pioneered by the President occurred process. In the interests of encouraging an alternative to when the Office of Government Information Services (OGIS) litigation, Congress created OGIS to offer mediation services as opened for business. The US Congress created OGIS in the a non-binding alternative to litigation. OPEN Government Act of 2007, which amended the FOIA. What part does OGIS play in nurturing a new FOI mind set? Congress tasked OGIS with reviewing agencies’ FOIA policies, How can OGIS impact the administration of FOIA? Can a FOI procedures and compliance; providing mediation services to culture change occur in a restrained budgetary environment? resolve disputes between members of the public and Federal Change is hard and any culture change requires commitment agencies; and making recommendations to Congress and the and time. As a new part of the US FOI landscape, OGIS is President to improve the way that the FOIA works. encouraging a new FOI mindset by offering a different way of doing business. OGIS is contributing to the evolution of the The US FOIA provides the public with the right to access FOI culture by redefining the meaning of success from being government records and information maintained by 99 a win-lose situation to one where the parties to a dispute can federal departments and agencies. Typically, each year the buy into an outcome, and by emphasizing the cost-saving US government receives between 500,000 and 600,000 FOIA benefits of stakeholder collaboration. requests and over 9,000 administrative appeals from denials of access. Agencies spend more than one-third of a billion

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Arne Fliflet

Ombudsman, Norway

Presentation Title Freedom of information and the Norwegian electronic public records (OEP)

Venue Renouf 1

I will start my presentation with an account of the freedom of including the text message which, during the management of information aspect of my work, particularly in relation to the the so-called financial crisis in Norway, was sent from the CEO public administrations’ record keeping obligations. I will then of one of Norway’s largest banks to the Prime Minister. give an account of the Electronic Public Records (OEP), a public I would then like to speak about the Electronic Public Records record-keeping database which any person with internet (OEP), which was launched 18 May 2010. OEP is of great access can use. importance to freedom of information and transparency in The Ombudsman in Norway handles cases under the Freedom Norway, and thus also to my work. All documents subject to of Information Act of 19 May 2006, and in 2011, 143 cases statutory record-keeping from the agencies covered shall be involving transparency and freedom of information were recorded in OEP. The public has free access to this database handled. The total number of cases that year was 3,027. and the content providers are a number of agencies. This is a big step towards openness, transparency and legal protection The premise of transparency and freedom of information in society. is that the public is aware of what information is actually available. The obligation to keep records is therefore Questions for discussion fundamental to democratic participation, public control and • How should the search criteria in such databases as OEP legal protection. be designed to ensure transparency without sacrificing privacy considerations? The «new» document types, including text messages, email • How do we safeguard confidentiality in a common and social media such as Facebook and Twitter, partly fall database as OEP to which many agencies deliver content outside the traditional definition of documents, and therefore independently of each other? raise specific issues related to statutory record keeping. I will in my presentation give some examples related to these issues,

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Ann Abraham

UK Parliamentary Ombudsman and Health Service Ombudsman for England 2002–2012, United Kingdom

Presentation Title Maximising the Ombudsman’s influence, impact and effectiveness in a difficult and constantly changing environment

Venue Main Auditorium, Michael Fowler Centre

The brief • Using evidence from the Ombudsman’s casebook to In austere times, how can an Ombudsman be effective and illustrate vividly the complainant’s experience. bring about a culture of fairness and a sense of equity within • Demonstrating accountability and practising what the government’s administration, humanise the relationship you preach. between the government and governed, convince public Questions for discussion administrations before a complaint arises that it is in • A proactive approach is essential to staying relevant and everybody’s interest to treat all our citizens with respect and credible in rapidly changing times. What techniques have dignity? What if no-one has the resources to listen anymore? delegates developed to make sure that they make time to The presentation think strategically and proactively? An overarching theme of the conference is to address the • No doubt many delegates will have their own challenge all Ombudsmen face in staying relevant and experiences of adapting to changing times. Is there credible in rapidly changing times. This session is about anything more that the IOI could be doing to capture maintaining the core values and essence of the Ombudsman and share those experiences and that learning? institution whilst adapting to the changing world in which • It has been suggested that the IOI might develop an we operate. ‘Ombudsman’s Toolkit’ or ‘Getting Started Handbook’ for newly appointed Ombudsmen. Are delegates supportive My presentation will focus on ways to maximise the of this idea and, if so, can they offer some ideas about Ombudsman’s influence, impact and effectiveness in a difficult what an Ombudsman’s Toolkit or Getting Started and constantly changing environment, including: Handbook might need to contain? • Developing and applying commonly accepted principles of good administration. • Engaging proactively with a wide range of stakeholders including government, parliament and service users.

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Professor P. Nikiforos Diamandouros

European Ombudsman

Presentation Title Ensuring ethics in public administration: the role of the Ombudsman

Venue Main Auditorium, Michael Fowler Centre

In modern societies, the principles of the rule of law and of All of the above do not exist in a void; they are part and parcel democracy together constitute the twin pillars of legitimate of state-society relations and of social change. Indeed, it is public authority. Institutional prerequisites of these principles social change that drives improvements to the rule of law, include, for democracy, contested free and fair elections, as to democracy, to the quality of public administration and, well as the absence of veto groups and, for the rule of law, as citizens’ expectations rise, to improvements in ethical an independent judiciary whose decisions are respected by behaviour on the part of the public administration. citizens and the institutions of the state alike. How can the Ombudsman, whose role it is both to act as The quality of democracy and the quality of the rule of an alternative to the courts (reactive function: responding law are both strengthened by a well-functioning public to complaints) and to ensure good governance (proactive administration. In turn, the quality of the public administration function: proposing changes in the functioning of the is improved by its respect for human and fundamental administration) maintain its relevance in a changing world rights and its adherence to ethical principles guiding its and ensure that the public administration conforms to comportment and embodying citizens’ expectation of how citizens’ expectations? the state should behave in its relations with society. Furthermore, how can the Ombudsman improve both his/ her own effectiveness and that of public administration at a time when many countries are facing both an economic crisis and a crisis of public confidence in institutions? How can the Ombudsman adapt, and how can s/he persuade the institutions s/he supervises to adapt?

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Alex F.M. Brenninkmeijer

National Ombudsman of the Netherlands

Presentation Title Traditions in setting standards of good administration; the role of legality in Ombudsman decisions

Venue Main Auditorium, Michael Fowler Centre

The work of ombudsman is based on a law that introduces can be called upon to go against the law, but they can be used a complaint handling procedure. A procedure that typically to elaborate on the law or, in his words, go beyond legality. consists of an investigation and the hearing of both sides. In my practice as Dutch National Ombudsman I use standards This might suggests that the investigation into the matter of proper conduct. These are based on thousands of cases and the decision of the ombudsman are solely based on that come to my office every year. They reflect the law, but laws and regulations. In other words, that the decision of the also allow for a broader perspective. One might say it allows ombudsman can always be connected to a law and an article for the citizens to be treated as human beings instead of legal in the law. In practice however this is not always the case. subjects. In that sense the ombudsman practice goes further In my presentation I will reflect on three ombudsman than what a judge can do. the use of the standards of good institutions that each have their own way of dealing with administration echo the need of citizens for procedural justice. legality in their work. The first ombudsman practice I want to You want to be heard and treated as a human being and highlight is that of the UK Parliamentary and Health Services treated fairly. Ensuring procedural justice is an effective way Ombudsman. This ombudsman makes use of Principles for the authorities to earn citizen’s trust. of Good Administration. One of the principles focuses on In the Netherlands I therefore require from the public Putting Things Right. This means, among other things, that administration that they have a personal approach towards an effective complaint handling procedure can also include citizens. They should be treated with respect and at an equal offering a fair and appropriate remedy. This can even be the footing. Moreover, where possible, citizens should be involved case if there is actually no strict legal basis for such remedy, in decision making processes and be heard. I do not claim that but it is clear that it is only fair to do so. this approach is a panacea for ombudsman on how to handle The second ombudsman institution is that of the European complaints. On the contrary. This presentation is meant as an Ombudsman. Since 2001 there is a “European Code of Good incentive to explore together this field that already has the Administrative Behaviour”. It is meant to help officials do a attention of two ombudsman institutions and myself. better job and provides citizens with a clear picture of what they may expect from public administration. Interestingly the European Ombudsman promotes these principles as being effective even beyond the law. This does not mean that they

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Professor Anita Stuhmcke

Faculty of Law, University of Technology, Sydney, Australia

Presentation Title Evaluating the effectiveness of an Ombudsman: A riddle, wrapped in a mystery inside an enigma

Venue Main Auditorium, Michael Fowler Centre

For the most part, effective methods to evaluate the overall Focus on stakeholders must also embrace the system impact of Ombudsman, as Churchill’s quote aptly suggests, within which an ombudsman operates. Contributions remain unknown. Ombudsman must do well, the institution is made by an ombudsman to the system within which it entrenched internationally as an access to justice mechanism operates are both formal/objective and informal/subjective. and is growing in both scope and application. However, the It follows that indicators of effectives which may capture issue as to why ombudsmen do well and the adoption of both value added by ombudsman to that system and how appropriate measures of ‘success’ have long been a source ombudsman contribute to cost control within the system must of puzzlement. acknowledge both the objective and subjective aspects of the role of an ombudsman. This paper asks the question as to how best to measure and account for the contributions – both tangible and intangible This paper provides an overview of research which has – that the institution of the ombudsman makes to the system been done to date on ombudsman effectiveness in terms within which it operates? of accountability to stakeholders. In doing so the paper distills practical aspects of such research including: This paper identifies obstacles in assessing effectiveness how offices evaluate their own performance; research and identifies the importance of those who care about by external observers as to ombudsman effectiveness effectiveness as stakeholders. Assessing the effectiveness of and research by ‘stakeholders’ such as government. ombudsman (and the subject of cost effectiveness) is both The paper sources assessment measures from annual methodologically difficult and subject to often competing reports of ombudsman – bringing a comparative international interests of the various stakeholders in the office. Stakeholder analysis to the ombudsman toolbox with respect to how identification of the diversity of actors in the system with an ombudsman gather and report information about their interest in the office therefore highlights the complexity of the service to their stakeholders. task of comprehensive assessment of ombudsman and the difficulty of the weighting of the value of assessments from diverse groups.

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Dr Tom Frawley CBE

Ombudsman, Northern Ireland

Presentation Title ‘Doing Better With Less?’

Venue Main Auditorium, Michael Fowler Centre

The global financial crisis of 2008 has changed the world, promoting progressive and relevant professional practice, profoundly. Across the world, paradigms have shifted, confront this uncomfortable reality; we must move beyond world views have had to be recalibrated. This issue has not the oft quoted cliché of ‘doing more with less’ to ‘doing better just impacted the private sector, where it originated; the with less’. most recent phase of the crisis, the spectre of sovereign To this end, this paper will develop the context for the rapidly debt default, has raised the cataclysmic possibility that changing operating environment for ombudsmen globally governments may not be able to fund themselves and, by critically evaluating and synthesising potential courses by extension, the public services they provide to citizens. of action for meaningfully confronting these challenges The operating environment of the ombudsman faces constructively. In particular, this paper considers: risk and uncertainty previously inexperienced or, for that matter, unimagined. • the changing landscape of public administration and public service, as impacted by the events following the As a consequence, the context in which ombudsmen work has global financial crisis of 2008; changed utterly. Ombudsmen themselves now not only have • the consequences for the practice of ombudsmanship to operate with restricted resource constraints in terms of their in its critical role of oversight and evaluation of the own funding, they sit at the nexus of competing challenges. quality of public services at a time of retrenchment On the one hand, the cuts and consolidation in public and consolidation; service provision means that citizen expectations are being • how ombudsmen can creatively and constructively curtailed at the very time when demand for public services are respond to their changed circumstances by providing increasing, as a result of deteriorating economic conditions. demonstrable leadership. This process will be All of these circumstances are coming to pass at a time when underpinned by: the application of intellectual rigour in ombudsmen have less resource to fulfil corporate objectives of advocating the continuing relevance of the role of the independently investigating complaints with integrity. ombudsman; courage in executing the functions of the This perfect storm of competing circumstance presents office with the highest standards of integrity and probity; considerable leadership challenges for the ombudsman, whilst all the time demonstrating ongoing relevance; and wherever they are operating, whatever sector they investigate. • communicating how the ombudsman world should This period of profound change, the intensity of which has engage with a newly recalibrated world of public not been seen before, means that we must, as a community service delivery.

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Dr Shoaib Suddle HSt HI QPM PPM

Federal Tax Ombudsman, Pakistan

Presentation Title Federal Tax Ombudsman Pakistan: Making a Difference

Venue Main Auditorium, Michael Fowler Centre

This paper briefly explores what works in the realm of What do taxpayers think of the Office of Federal Tax redressing administrative grievances of taxpayers at the Ombudsman Pakistan? To what extent has it succeeded in hands of a tax bureaucracy not ready to break with colonial improving service delivery? Do taxpayers perceive it as an tradition. Impacting the subculture of maladministration effective grievance redresser? Has it been able to achieve a that has existed for too long is a major challenge. Pakistan fairer, more just and humane dispensation at the hands of is one of a few countries in the world that has a full-time tax functionaries? How has it been turned into one of the independent ombudsman mandated to diagnose, investigate, most efficient and cleanest public sector organizations in redress and rectify any injustice done to a person through Pakistan? Are there any independent third party assessments maladministration by functionaries administering tax laws. that bear testimony to these achievements? These are some How the Federal Tax Ombudsman Pakistan has been able of the critical questions that underpin the developments to make a difference in the lives of thousands of hapless surrounding the emerging role of the Federal Tax Ombudsman taxpayers offers a promising trend for other ombudsmen. in Pakistan.

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Osamu Watarai

Deputy Director-General, Administrative Evaluation Bureau, Ministry of Internal Affairs and Communications, Japan

Presentation Title Challenges the Japanese Ombudsman has faced after the Great East Japan earthquake

Venue Renouf 1

On March 11 2011 the Great East Japan Earthquake along counselors and expert advisory committees called with high tsunami hit north-east Japan and more than 18,000 Administrative Grievance Resolution Promotion Councils, people have died or are missing. From just after the Quake altogether sought to respond to the needs of the victims in great efforts were made to help and support people affected a helpful and timely manner. by such terrible disaster. This paper tries to describe how this world unique system The Administrative Counseling System, which consists of perform their existing roles and strengths to reach people in the Administrative Evaluation Bureau of Ministry of Internal this extraordinary situation, and provide function equivalent Affairs and Communications, about 5,000 administrative to those exercised by ombudsmen in other countries.

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Phil Clarke

Ombudsman, Queensland, Australia

Presentation Title Every little bit helps: Assisting State and local government agencies to manage disaster recovery

Venue Renouf 1

This presentation explores Queensland public sector agencies’, The Queensland Reconstruction Authority was established including the Ombudsman’s Office, roles in the rebuilding one month later to manage and coordinate the Government’s of Queensland after significant natural disasters, including program of infrastructure renewal and recovery within all the previously unseen levels of flooding and a major cyclone disaster-affected communities. in the last two years. These natural disasters strained the This presentation will explore the challenges faced by resources of a state more used to coping with drought agencies in coordinating their various responses and the role than flood. the Queensland Ombudsman had in assisting agencies with Such was the scale of the disaster that on 17 January 2011 their processes and maintaining public confidence during the a Commission of Enquiry into the Queensland floods of rebuilding of Queensland. 2010/2011 was established by the then Government.

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David Rutherford

Chief Human Rights Commissioner, New Zealand

Presentation Title The IASC Operational Guidelines and other tools and learnings that can assist Ombudsman to respond constructively to a natural disaster

Venue Renouf 1

When a significant natural disaster hits you can be forgiven As a result of ubiquity of disasters a number of tools, such as for thinking that this sort of event is “unprecedented”. the IASC Operational Guidelines on the Protection of Persons A particular disaster may be very significant in one country in Situations of Natural Disasters 2011, have been developed as the Christchurch earthquake is for New Zealand. The truth over quite recent years that can assist Ombudsman and other for the world is very different. Disasters are almost daily agencies to respond constructively to an event when it affects occurrences somewhere in the world. As the UN Special their country. These tools all emphasise the importance of Rapporteur on adequate housing has observed natural having accessible, sensitive and effective Ombudsman and disasters are a growing problem around the world and the similar bodies operating in the response to and recovery from world is “facing natural disasters on an unprecedented scale. disasters. New Zealand’s Chief Human Rights Commissioner will share some of New Zealand’s learning including the need During the period 2000-2008 an average of 392 disasters per to speak the truth to those in power in a way that encourages year occurred worldwide. During 2009 a total of 335 disasters quick and effective responses that address the needs of were reported, killing 10,655 and affecting more than 199 affected persons while not shirking the responsibilities to million persons and causing more than US41.3 billion in monitor the agencies concerned. damages.” WHO said in its 2011 Annual Statistical Review of Disasters that: “After the relatively moderate year of 2009, the extent of the impact of natural disasters took a turn for the worse in 2010. A total of 385 natural disasters killed more than 297 000 people worldwide, affected over 217 million others and caused US$ 123.9 billion of economic damages.”

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Karen Stevens

Insurance and Savings Ombudsman, New Zealand

Presentation Title The challenges Ombudsmen face when dealing with suddenly displaced communities as a result of natural disaster: The Canterbury earthquakes

Venue Renouf 1

The first earthquake to have a significant effect on Canterbury businesses, despite the fact that billions of dollars occurred on 4 September 2010. While there were no fatalities, have been paid out by EQC, insurers and the Government there was significant property damage caused by the to those affected. magnitude 7.1 earthquake. The Earthquake Commission In order to stay visible and accessible to those consumers and (“EQC”), effectively the government insurer of land, was small businesses who might need assistance, the Insurance inundated with claims related to insured properties: the first & Savings Ombudsman Scheme Inc. (“ISO Scheme”) has $100,000 (plus GST) for land and $20,000 (plus GST) for lost or focussed on developing networking with other agencies, damaged contents. Insurers were also faced with thousands of including EQC, the Christchurch City Council, Canterbury claims worth millions of dollars. Earthquake Recovery Authority (“CERA”) and the Office of Six months later, the focus of the Christchurch City Council, the Ombudsmen; a dedicated role, Manager – Earthquake community groups and the Government was on rebuilding – Response has been established; and there is an earthquake particularly Christchurch’s infrastructure due to liquifaction. page on the ISO Scheme’s website that brings together all of It was estimated that it could take 18 months to rebuild and the most recent earthquake information to assist consumers, repair public services. community groups and insurers. On 22 February 2011, a magnitude 6.3 earthquake occurred Initially, the ISO Scheme dealt with complaints about delays, which was to have a catastrophic impact on Canterbury how to contact EQC and whether consumers had insurance and, in particular, Lyttleton, Christchurch’s central business cover; with time, complaints were made about temporary district and its eastern suburbs. 185 people died and whole accommodation cover terminating, settlement offers and communities were displaced; many areas were affected by how they were calculated and lack of access to contents in liquification, mud and silt flowed through homes; and many red zone properties; the current issues are more complex, communities had no water or toileting facilities. Businesses and, in particular, whether insurers are only obliged to pay for were closed, supplies were short and no go red zones were actual damage under policies, or for a “constructive total loss” declared in the most dangerous areas. Many more claims were if homeowners in the red zone are forced to abandon their made to EQC and insurers, in addition to those made following properties because of where they are located. the September earthquake. Given the significant public policy considerations, what While there have been approximately 3,400 aftershocks in the approach should an Ombudsman take in this situation? region to date, there were 2 further significant aftershocks of Is it preferable to persuade an insurer to refer such an issue to magnitude 6.3 in June and magnitude 6 in December 2011. the courts for a binding decision or should each complaint be considered individually and on its merits by the Ombudsman, Months later, some people are still waiting for EQC and without setting a binding precedent? insurance payments to be made; some are still unable to access their possessions, have no homes and cannot run their

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John R Taylor

Deputy Ombudsman, Victoria Ombudsman, Australia

Presentation Title The Ombudsman’s role in the 2008 Cranbourne methane gas disorder & the 2009 Black Saturday bush fires.

Venue Renouf 1

I propose to address the Victorian Ombudsman’s role in two established by government to address the disaster. disasters in Victoria in recent years: These included the Royal Commission, the Bushfire Appeal Fund Advisory Panel, the Victorian Bushfire Reconstruction • The “Black Saturday” bushfires in 2009 and Recovery Authority and other relevant agencies. • The Cranbourne methane gas disaster in 2008. In dealing with the complaints, our officers liaised with The first was a natural disaster (although some fires were the relevant authorities with the aim of resolving issues, started by arsonists) and the second, as a result of poor waste particularly those relating to compensation, as quickly as management decisions some twenty years ago. Both had a possible. Complaints were resolved promptly and informally, significant impact on people’s lives. without the need to use coercive powers. Black Saturday Cranbourne Methane Gas Disaster On 7 February 2009 bushfires swept through Victoria, leaving In September 2008 the Acting Premier asked the Ombudsman 173 people dead and 500 injured. In addition, more than 2000 to investigate the leaking of dangerous levels of methane gas homes were destroyed. Thousands of hectares of bush and from the Cranbourne land fill into houses in the Brooklands farm lands were destroyed, with huge property losses. Green Estate, a suburb of Melbourne. Both the Commonwealth and Victorian governments’ The concerns for people’s safety were such that many houses response was swift, with the Prime Minister immediately were evacuated and an emergency was declared. Given the announcing emergency funding for the state and offering the seriousness of the matter and its widespread impact, the services of the Army. A $10 million emergency relief fund was Victorian Ombudsman initiated an Own Motion investigation established by the Commonwealth government. Ultimately into the circumstances surrounding the presence of methane the government contributed more than $465 million towards gas in the estate. the recovery and reconstruction efforts. Our investigation identified significant failures by the Within two days following the incident, the Victorian authorities involved, including the local councils and the government announced that there would be a Royal Environment Protection Authority. Commission into the fires and to review the State’s policies in relation to assistance and individual eligibility to stay and One outcome of the investigation was a $23.5 million defend homes. settlement of a class action in the Supreme Court by more than 750 home owners affected by the emergency. Following the bushfires, the Victorian Ombudsman received a large number of complaints relating to the fires, including issues surrounding hardship, loss of business, building and reconstruction advice and liability for damages. Most complaints were addressed by the mechanisms

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Bruce Barbour

Ombudsman, New South Wales, Australia

Presentation Title Finding the right fit: An Ombudsman and freedom of information

Venue Renouf 2

Openness, transparency and accountability are integral to that made significant recommendations for reform including the work of Ombudsman and also key features of access to the creation of an Information Commissioner in the Office of information regimes. the Ombudsman. The NSW Government adopted most of the review’s 88 recommendations. One of the recommendations it New South Wales Ombudsman Bruce Barbour will draw on did not implement was placing the Information Commissioner his extensive experience and involvement with access to within the Ombudsman’s office, instead creating the Office of information in NSW to explore the relationship between the the Information Commissioner as a stand-alone body. roles and functions of Ombudsman and those of Information Commissioners charged with providing oversight, leadership Mr Barbour will provide an overview of the history of and accountability for access to information regimes. This access to information in NSW, including a summary of the will include discussion of the arguments for and against the Ombudsman’s role and details of the changes brought about creation of new stand-alone oversight bodies. by the review his office conducted. He will comment on and evaluate the operation of the new access to information The NSW Ombudsman was an avenue of external review system after its first two years of operation. under the former Freedom of Information Act 1989 in NSW and, in 2009, carried out a comprehensive review of the legislation

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Mark C.A. Thomson

Secretary General, Association for the Prevention of Torture, Geneva, Switzerland

Presentation Title The role of the Ombudsman in preventing torture and ill-treatment: the OPCAT and beyond

Venue Michael Fowler Centre

Just ten years after the adoption of the United Nations An Ombudsman contemplating taking up the role of NPM Optional Protocol to the Convention Against Torture should be aware of significant challenges, which may include (OPCAT), the number of States Parties has reached 63, a shift from focusing on mal-administration to a rights-based with a further 22 States Signatories. This treaty is of great approach, a need for a multi-disciplinary team of monitors, relevance to Ombudsmen around the world, given that at and a shift from a reacting to complaints to a preventive its core, it is concerned about transparency and government approach involving systemic analysis of conditions and accountability in relation to all places of detention in order procedures to ascertain risk factors. There are also challenges to uphold the dignity of those deprived of their liberty. for Ombudsman in taking on the additional NPM mandate if The OPCAT requires that a domestic torture-prevention funding is not commensurately increased. framework be established, known as a ‘National Preventive Yet the key point to make is that regardless of their status as Mechanism’ (NPM), that can be tailored to best suit country NPMs or otherwise, the Ombudsman have an important part conditions. In many cases, the Ombudsman has taken up to play in preventing torture and ill-treatment. this role. The Ombudsman may add significant value in contributing to the torture prevention framework under the OPCAT, derived from attributes such as independence, experience in dealing with places of detention, an ability to develop constructive working relations with government in pursuit of accountability; and an already-developed public profile that can be utilized to advocate for systemic change.

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Dame Beverley Wakem DNZM CBE

Chief Ombudsman of New Zealand & President of the International Ombudsman Institute

Presentation Title Experiences of an Ombudsman that adapted the OPCAT model to meet the needs of their own state

Venue Main Auditorium, Michael Fowler Centre

New Zealand signed up to the OPCAT in September 2003, This presentation will include: and ratified the Protocol on 16 March 2007. The Crimes of • a brief comment on the Ombudsmen’s involvement Torture Act 2006 formally designated the Ombudsmen as in the ‘setting up’ process NPMs responsible for the oversight of: Prisons, Health and • the value of the Ombudsman role in Disabilities sites, Immigration Detention Centres and Youth implementing OPCAT Justice Residences, and Care and Protection residences • comments on resourcing and the inspection process established under the Children and Young Persons and • delegating the responsibilities to Inspectors, to ensure their Families Act. the separation of the Ombudsman’s normal function The Independent Police Conduct Authority (IPCA), the from its NPM responsibilities Children’s Commissioner, and the Judge Advocate General • the composition of Visiting Teams were also designated as NPMs, and the Human Rights • what’s working for us Commission (HRC) was designated the co-ordinating NPM. • what we have found during the inspections • innovations developed to enhance the OPCAT work • issues that have arisen that others contemplating the role need to be aware of.

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Irena Lipowicz

Human Rights Defender , Poland

Presentation Title Working as an NPM under the OPCAT

Venue Main Auditorium, Michael Fowler Centre

Setting Up International Co-operation In 2005 Poland ratified the Optional Protocol to the An opportunity to exchange experience of National Preventive Convention against Torture and Other Cruel, Inhuman or Mechanisms in Europe is provided by the seminar organised Degrading Treatment or Punishment (OPCAT), adopted by under the project “Eastern Partnership Countries’ Ombudsman the UN. Since 2008 the tasks of the Mechanism are fulfilled Cooperation 2009-2013”. The NPM representative took part by the Ombudsman. in seminars organised in Georgia and Moldova (2010) and in Armenia and Azerbaijan (2011). The representative provided Reasons parties with the information concerning the organisation and The Human Rights Defender was entrusted with the tasks functioning of the Polish Mechanism in practice. under the National Preventive Mechanism due the following reasons: Co-Operation with Non-Governmental Organisations The Human Rights Defender and the team responsible for the Firstly, it was necessary not to assign the same competences Mechanism cooperate with non governmental organisations to several Polish institutions, because the Defender enjoys whose scope of interest encompasses the broadly construed statutory access to all information on the number of persons prevention of torture, inhuman or degrading treatment deprived of their liberty in places of detention as well as on or punishment. The most important partner in this regard the number and location of places of detention. Secondly, is the coalition of non-governmental organisations and it was necessary not to generate additional costs associated academic circles “Agreement on the Implementation of the with the creation of a separate institution. And thirdly, the OPCAT”. Since its formation, the Coalition has supported performance of the functions associated with the National the establishment of the National Preventive Mechanism in Preventive Mechanism by the Human Rights Defender Poland. The Human Right Defender arranges regular meetings guarantees functional independence of the Mechanism with the Coalition representatives. and independence of its personnel. The Social Council Difficulties The situation of prisoners and detainees in various The fact that the functions of the National Preventive establishment in the country is as well under discussion of Mechanism are fulfilled by the Ombudsman also entails many The Social Council at the Human Rights Defender. The Social difficulties. The multi faceted character of the Defender’s Council supports the Defender in performing statutory tasks, activity makes it difficult for the Defender to give due focus to maintains contacts with public authorities and with other the functions of the National Preventive Mechanism. And one entities, in particular non-government organisations. of the most important issue that affects the functioning of the Mechanism is the lack of financial independence. Questions 1) What are the obstacles to ensure NPM effectiveness? NPM Team 2) What strategies and arguments should be used to The essential element of the activities under the Mechanism support calls for increased funding for the prevention consists of regular preventive visits to places of detention. of formal OPCAT system? Since 2011, the activities of the Mechanism have been 3) What are the paths and possibilities of developing an undertaken by one team visiting all types of places of international co-operation of NPMs? detention. The team is composed of 13 people (one doctor, 4) How we can increase society commitment to the problem one psychologist) and 5 employees in 3 Local Groups. of preventing tortures in places of detention?

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Chris Field

Ombudsman, Western Australia

Presentation Title Integrity in decision making: A collaborative approach

Venue Main Auditorium, Michael Fowler Centre

This paper will examine the benefits that can be achieved The paper will also describe the framework’s use of from collaborative work between integrity agencies with a information sheets that expand on each key message and particular focus on the work of Western Australian integrity checklists for public authorities and for decision makers to agencies and their Integrity in Decision Making product. consider when making decisions. The paper will discuss the formation and work of the Western The paper will highlight how public sector decision making Australian Integrity Coordinating Group (ICG) and its role in hallmarked by integrity retains the confidence of citizens and promoting and strengthening integrity in Western Australian contributes significantly to stable and successful societies public authorities. While the ICG members, the Public Sector while, conversely, public administration hallmarked by Commissioner, the Auditor General, the Corruption and a lack of integrity in decision making, a lack of an ethical Crime Commissioner, the Ombudsman and the Information underpinning, corruption, conflicts of interest, secrecy, undue Commissioner, support integrity through their independent favours and lack of accountability to its citizens, risk losing roles under their own legislation, discussion in the paper their confidence and threatening those societies. will focus how the agencies work collaboratively across the The paper will have a particular emphasis on the Ombudsman public sector. within the integrity framework as an independent and The paper will set out how the ICG supports building the impartial avenue for the resolution of complaints about capacity of public authorities, and their employees, and decisions made by public administrators and, learning from has collaborated to produce several products to support these complaints, undertaking investigations and other work consistency in communication and education about integrity, to improve their decision-making. The paper will also touch including the innovative product Integrity in Decision Making. upon the increasing propensity for Ombudsmen to be asked to undertake inspectorate, investigatory or review functions The paper will examine this product in detail and set out how of specific aspects of government administration to provide the product draws upon the experiences of each ICG member confidence about the integrity of that administration. to provide a framework for integrity in decision making based around four key messages: Questions for discussion 1. What are the opportunities and challenges to innovative, • Power – Use power responsibly and for its collaborative work between integrity agencies? intended purpose; 2. What are the tools at an Ombudsman’s disposal to • Principles – Apply ethical, accountability and achieve administrative improvement, how and when proportionality principles; should these tools be deployed (including choices • Proper process – Follow a proper and appropriate between a variety of tools), how does this relate to the process; and Ombudsman’s role in complaint handling and what • Proportionate outcomes – Achieve evidence based and are the costs and benefits of this administrative proportionate outcomes. improvement work?

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Young-ran Kim

Chairperson Anti-corruption and Civil Rights Commission, Republic of Korea

Presentation Title E-People Initiative – Facilitating Dialogue and Conflict Resolution Between the Governing and the Governed

Venue Main Auditorium, Michael Fowler Centre

Introduction and recognition by the international society 2) Proposal: Citizens and public officials can submit a The ACRC Korea (Anti-Corruption and Civil Rights proposal to the government through “e-people” when Commission) is operating “e-People system” which deals they have a good idea contributing to the improvement with civil complaints, proposals, and policy discussions of government services. The received proposals are in a comprehensive and systematic way. The system was evaluated every year, and outstanding proposals established thanks to the development of ICT in line with a are adopted as a policy and awards are presented to continuous increase in civil complaints and growing sense of the proposers. citizens to participate in administration. The e-People now 3) Open Policy Discussion: The government opens plays a leading role to communicate with people and resolve government policies, projects and legislations to the conflicts. Currently, all central government agencies(43), public and people can state their opinions freely in the local governments(244), offices of education(194), e-People on-line discussions. overseas diplomatic offices(144), and other major public Besides, the e-People system provides Q&A service, mobile organizations(19) in Korea are connected and integrated service, foreign language service for foreign residents, and through this e-People system. complaint analysis for government organizations. The e-People system has been operated since 2006, and Future directions of e-People: GPS (Global e-Petition System) received awards or selected as a best practice in various The ACRC has pursued the “e-People two-way foreign international contests. In particular, it won the UN Public language service” project so that Korean residents overseas Service Awards in 2011 proving its excellence. can file complaints in Korean against both their residing History and functions of e-People country and the Korean government, and foreign residents in The e-People was originated from “Sinmoongo”, which was a Korea can file their complaints in their mother tongue against system King Taejong initiated in the Joseon Dynasty about 600 both their home country and the Korean government. So far, years ago. At that time, people were supposed to appeal their the ACRC has opened exclusive foreign language windows for complaints to the regional government offices they belonged Indonesia, and Thailand. The ACRC is planning to expand the to. However, not all the complaints were resolved at those current system to other countries and establish so-called, GPS offices. In that case, people could appeal their unresolved (Global e-Petition System) to overcome language barriers in complaints by beating the “sinmoongo” drum letting the king solving civil complaints so that the e-People can serve as a hub listen to their petition directly to help them. of complaint-solving systems across the world. The e-People system is comprised of three main functions: 1) Handling civil complaints: When a complainant files a complaint with the e-People, the system automatically designates a proper government organization, and the organization handles the complaint within a legal deadline and notifies the complainant of the result.

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Mariana Sotto Maior

Head of Cabinet, Provedor de Justiça, Portugal

Presentation Title Proposal for the establishment of The Code of Administrative Behaviour in the Portuguese Public Administration

Venue Main Auditorium, Michael Fowler Centre

The Portuguese Ombudsman is an independent State body This presentation will provide an overview of the enshrined in the Constitution of the Portuguese Republic, recommendation made by the Portuguese Ombudsman to elected by Parliament and whose main role is to defend and the Parliament regarding the adoption of a Code of Good promote the rights, freedoms and guarantees and legitimate Administrative Behavior, focusing on the relations between interests of citizens. citizens and the public administration and promoting the confidence of citizens in the public institutions. The right to a good administration is a fundamental right according to Portuguese legislation and it is also formally recognized in article 41 of the Charter of Fundamental Rights of the European Union.

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Professor Andrew Coyle

Emeritus Professor of Prison Studies in the University of London and Visiting Professor in the University of Essex, England

Presentation Title Safeguarding the rights of detained persons: a paradigm of the challenges facing Ombudsmen in the modern world

Venue Renouf 1

There are now over ten million men, women and children security of society. The manner in which they are treated is a in the prisons of the world. Taken as a whole they represent reflection of the humanity or otherwise of the rest of us. some of the most vulnerable members of humanity. While the Ombudsmen of the world, either in their mainstream role of vast majority are men, a significant minority are women or dealing with complaints about maladministration, or through juveniles who are particularly at risk in the abnormal world of their specific responsibility in some countries as the National the prison. Minorities of all types are vastly disproportionately Preventive Mechanism under the Optional Protocol to the represented, including the mentally ill, the drug addicted and Convention against Torture, have an important role to play in the homeless. It has been said that if one wishes to discover guarding the rights of prisoners, especially in circumstances which are the marginalised groups in any society one only where they attract little or no public sympathy. has to look into the prisons; there one will find the ethnic and racial minorities and increasingly, in our globalised world, foreign nationals. A small number of prisoners are likely to be highly dangerous and to pose a real threat to the safety and

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Howard Sapers

Correctional Investigator of Canada

Presentation Title The office of the correctional investigator and human rights: aging, disabled and aboriginal offenders in Canadian federal corrections

Venue Renouf 1

The Correctional Investigator of Canada will present the The presentation will conclude by discussing the extent to role of his Office, and the importance of a Human Rights which correctional authorities should adapt/ accommodate lens in prison oversight. The presentation will focus on the their services and programs to meet the needs of aging, challenges associated with addressing the unique needs of disabled and Aboriginal offenders. It will further discuss the aging, disabled and Aboriginal offenders in a correctional types of physical infrastructure adaptations that may be setting. The presentation will use case material to illustrate the required to ensure the needs of these offenders are met now work of the Office on issues affecting marginalized offenders. and in the future. The presentation will highlight established and emerging best practices, as well as current gaps and limitations in the management of these offenders in Canada.

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Kim Workman QSO

Director of Rethinking Crime and Punishment, New Zealand

Presentation Title The success of the Maori focus units and faith based units operating in New Zealand prisons

Venue Main Auditorium, Michael Fowler Centre

The introduction in 1997 of Maori Focus Prison Units into the It discusses the challenges of developing a model of offender New Zealand Corrections System was followed in 1992 by the transformation that sits outside current orthodoxy, and the introduction of the Commonwealth’s first faith based prison relative value of such approaches from a human unit. This paper considers the impact that these initiatives had rights perspective. on a prison system that, in the first decade of this century, became increasingly punitive. It describes the different approaches to prisoner management and rehabilitation, including the introduction of post-sentence restorative justice conferencing and victim engagement.

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Andrew Ecclestone

Head of FOI Policy Branch, Department of Constitutional Affairs, 2001 – 2003, United Kingdom

Presentation Title The struggle without end: Experience from the UK and elsewhere of introducing and sustaining FOI legislation

Venue Renouf 2

While freedom of information (FOI) laws have existed since But the UK’s experience of political and official hesitancy, 1766, and it is now almost a banality that FOI legislation, followed by apparent regret and attempts at retrenchment, providing the public with enforceable rights to information is not unique. Indeed it is an almost universal feature of the held by government, is ‘A Good Thing’, many countries still introduction of FOI laws that efforts are made to amend them do not have such laws The UK was amongst the newcomers – mostly to the detriment of those seeking information – to freedom of information legislation (FOI) when it passed its in the decade after they are introduced. law in 2000. But the law didn’t fully enter into force until 2005, What might lie behind this pattern, and why was and before then there were delays between publication of ‘an advanced democracy’ like the UK so reluctant to the precursor white paper and introduction of the Bill legislate in the first place? into Parliament – in spite of strong civil society and media pressure, and the governing party having supported such a Does Tony Blair’s public self-castigation for introducing FOI law since 1974. when he was Prime Minister mean that other countries without FOI should hold back? A UK Parliamentary committee has conducted a ‘Post- Legislative Scrutiny’ of the FOI Act, but the government What are the lessons to be learnt about the underlying issues has not [at the time of writing] responded to its report. that can jeopardise the intended goals and planned operation It appeared from the evidence given to the committee that of FOI laws? Did the UK government really comprehend what the government wishes to weaken the law – from a requester’s it was trying to achieve with FOI, and what might be the perspective. There have been previous attempts to restrict the implications of this in the UK, and in countries still considering law, which have met with mixed success. the introduction of access to information laws, as well as for others that already have them? This equivocation and retrenchment might seem strange, given that the UK was able to draw on the experience not This paper will explore these questions, the important role just of older Scandinavian laws, but also of English-speaking played by civil society, and make some suggestions for counterparts that had legislated earlier, such as the USA successfully sustaining FOI laws for the long term. (1966), Australia and New Zealand (1982) and Canada (1983). Other access to information legislation, policies and codes of practice had also existed in the UK, the most recent of which utilised the Parliamentary Ombudsman as the complaints mechanism.

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Jeannine Daniel

Assistant Ombudsman, Cook Islands

Presentation Title Introducing FOI in small states with geographical challenges

Venue Renouf 2

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Venkatesh Nayak

Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, India

Presentation Title Implementing the Right to Information Act in India: Experiences and challenges

Venue Renouf 2

This paper provides an overview of the experience of Despite stipulating an extensive list of categories of implementing and citizen’s use of the Right to Information Act, information that must be disclosed proactively, many public in India during the last seven years. Citizens have submitted authorities have not yet imbibed the culture of providing between 3-6 million information requests till date with a citizens access to information without causing delays or visible jump in the figures over the last 3-4 years. Although offering resistance. Nevertheless the popularity of the access only a small fraction (less than 100,000) of these requests law has not only spread across the country as indicated by the end up for adjudication before one of the 28 Information ever-growing number of requests, it has inspired countries like Commissions every year, the time taken for disposal of cases Bangladesh and Guyana in the Commonwealth to emulate ranges from six months to two years in some States frustrating the Indian model while crafting their own access laws. Several requestors. The pace of implementation has not been provisions of the draft model FOI law of the African Union as uniform across the 27 States. The State of Bihar took almost well as RTI Bills in Ghana and the Maldives are inspired by the a year to even designate officers responsible for dealing Indian law. with information requests and establish the Information Commission. The performance of the internal review system in many public authorities is far from satisfactory. Nevertheless several citizens have used the RTI Act to unearth corruption (both petty and big ticket), mismanagement of public funds and instances of maladministration. The absence of Ombudsmen or strong Anti-Corruption Commissions have dampened citizens’ efforts to combat corruption beyond unearthing big and small scandals.

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Associate Professor Rick Snell

Faculty of Law, University of Tasmania, Australia

Presentation Title Introducing FOI into hesitant jurisdictions

Venue Renouf 2

In just 2 decades FOI has evolved from being a desirable need to revisit the tools, methods and approaches we have but optional luxury benefit for a mature democracy to been using if we are to elicit a genuine shift towards a culture being an essential element of economic, political and of openness that accords with the vision that FOI is ‘essential social development in all countries. In response to its to the spirit and practice of open government.’ rapid expansion, FOI advocates have focused heavily on An overview of the development of an FOI policy in Tonga developing international best practice for the introduction will be provided, demonstrating the importance of taking an of FOI legislation. implementation focus rather than endeavouring to achieve Since its launch in September 2011, 55 countries have signed legislative change in the absence of necessary systems up to the Open Government Partnership (OGP), a major and infrastructure to sustain it. A comparative analysis of international movement aimed at ‘expanding transparency, FOI reform in emerging democracies including Cambodia, accountability and civic participation in government’, however Vanuatu, India and Mexico, emphasises the need for a systems as Mendel argues ‘governments may be taking advantage of focus and implementation strategy if FOI is to become the OGP to improve their image while doing little of the hard embedded in the system of government. work needed to actually enhance transparency, accountability and citizen participation.’ Mendel’s concerns highlight the

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Professor John McMillan AO

Australian Information Commissioner, Commonwealth Ombudsman 2003 – 2010, Australia

Presentation Title Effective information management – the keystone of good government

Venue Main Auditorium, Michael Fowler Centre

Effective information management is vital to successful A major contemporary challenge is that a single data breach in government. This objective, earlier known as ‘good record a digital storehouse can compromise the security of personal keeping’, has become more challenging and significant in a information relating to millions of people. There is growing digital age of complex government. sensitivity to this threat within the community. Enormous energy is now devoted across government to digital The successful operation of the Australian Freedom of information management. It lies at the heart of government Information Act, which turns thirty this year, depends reform programs devoted to better service delivery, increasingly on effective digital records management in emergency response management, research and innovation, agencies. A combination of pressures – an increase in requests, data publication, e-health, community engagement and more information held by agencies, stricter FOI response public security. timeframes, and a more demanding public – means that agencies cannot meet the democratic and transparency Independent oversight agencies can play a key role in objectives of the FOI Act unless they can quickly identify, advocating effective information management. This retrieve, analyse, redact and transfer the information paper draws on the author’s experience in two roles – as requested by a person. The Australian FOI Act also requires Commonwealth Ombudsman from 2003-10 and Australian agencies to take a more proactive stance in publishing Information Commissioner from 2010 onwards. information online in a form that is discoverable, accessible Ombudsmen frequently witness the damaging effects of and useable. poor information management in government agencies. A In advancing information policy the OAIC has stressed four record keeping error as trifling as misspelling a person’s name, key messages: all government decisions, policies and choices misrecording their date of birth or misfiling their application, are rooted in information; responsible, comprehensive, can result in a person being denied a benefit, being detained integrated information management is a core agency or being drawn into a maddening bureaucratic tangle. function; government information is a national resource Nowhere was this clearer than in a study undertaken by the that should be available for community access and use; and Ombudsman’s office into unlawful immigration detention. It open government is entwined with the pursuit of democratic turned up cases of Australian citizens being detained due to accountability, integrity, innovation, civic engagement and simple and inexcusable record keeping errors. customer service. The Office of the Australian Information Commissioner (OAIC) Effective information management is a whole-of-government was established in 2010 with responsibility for three areas – responsibility. Ombudsmen and Information Commissioners privacy protection, freedom of information and information can play a strategic role in reminding other agencies of this policy advice to government. The privacy role, which becomes truth, and working with them to improve government. more prominent by the month, is to ensure that personal information is properly handled within government and business.

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Leo Donnelly

Deputy Ombudsman, New Zealand

Presentation Title Insights and experiences from investigating complaints about creation, maintenance and provision of access to information recording the actions of public authorities

Venue Main Auditorium, Michael Fowler Centre

The accountability and public participation purposes of In this context, good records management needs to keep Freedom of Information legislation are critically dependent in focus the sometimes overlapping but often different and on the quality of the record of actions of public authorities. conflicting imperatives for public authorities in creating If adequate records are not kept of actions that are taken and maintaining records for internal agency use and for and the reasons for them, then the internal and external disclosure to external parties. This presentation draws on transparency necessary to promote accountability and public the author’s experience in the context of investigations in participation and engagement will be undermined. New Zealand both under the Ombudsmen Act and the Official Information Act where public authorities have had to balance The New Zealand Ombudsmen’s experience over 50 years is the competing public interest needs of government and that the truth of what happened in a particular matter is rarely individual citizens. This can result in outcomes that challenge found in one record. Individual records are the truth from stated commitments to transparency, accountability and the perspective of the author, but often no more than that. public participation and engagement. Invariably, the truth can only be distilled from accessing and examining a number of records reflecting the perspectives In the end, everything turns on the quality of the record. of a wider range of players involved particular actions or All other public interest outcomes can be undermined or recommendations. The digital age has exacerbated the thwarted if the integrity of the record is not maintained. need to examine a wider range of records and experiences to answer the fundamental questions of “what happened” and “why”.

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Karen Finnegan

Deputy-Director of Government Information Services, US National Archives & Records Administration, United States of America

Presentation Title Good records management and open government: co-equal partners

Venue Main Auditorium, Michael Fowler Centre

Records matter! This is the slogan of the U.S. National Archives to create records in the U.S. government. The importance and Records Administration, which is charged with preserving of good records management is highlighted in President and providing access to the records of the United States Barack Obama’s November 2011 memorandum on managing Government. Good records management policies are key government records, which launched an executive branch- components for keeping the citizenry informed, holding wide effort to modernize records management policies elected officials accountable, and documenting a nation’s and practices, and called for the development of a Records history. Effective records management practices facilitate the Management Directive. processing of Freedom of Information requests and are the What kind of benefits can agencies receive from effective backbone of open Government. The ability to locate records is records management policies? Can good records also vital to shedding a light on government operations. management make government more efficient and reduce U.S. agencies create a variety of documents and materials in costs? Is top-down leadership on records management issues conducting business, which must be managed in a way that necessary in order to ensure that government actions and ensures easy access, proper disposition, and conscientious decisions are effectively documented? preservation of records that have historical value. Agencies Open government is built on good records management have approached records management responsibilities with policies and practices. Easy access to records benefits differing levels of success. The task of managing government government agencies by providing the tools needed to records is a complex proposition that involves a commitment assess the impact of programs and to share knowledge across from all levels within an agency and the means with which an organization. If the goal is to ensure transparency and to store, maintain and retrieve those records. In the digital accountability, then good records management policies must century, good records management policies and practices be “baked into” government processes at all levels. are essential to keeping up with the technologies being used

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Brian Thompson

Senior Lecturer, Liverpool Law School, University of Liverpool, United Kingdom

Presentation Title Must ombudsmen retain remit over privatised services?

Venue Main Auditorium, Michael Fowler Centre

As services are privatised there are several possibilities as to In industry Ombudsman schemes there are usually how consumer complaints can be handled: binding decisions made by the Ombudsmen rather than recommendations for remedy made by public Ombudsmen. • Public Ombudsmen can retain remit; Should that a binding determination be included in the • Public Ombudsmen can be contracted to handle them; arrangements for a public Ombudsman who retains remit over • Private/Industry Ombudsmen can created; and privatised services? It is desirable but perhaps not necessary IF • Another type of scheme can be created. the regulator is not only empowered to, but does actually take If Public Ombudsmen retain remit over privatised services action in relation to unimplemented recommendations. what are the challenges? The essential nature of dealing with If complaints handling of privatised services is not kept by quality of service remains but the context is different. It is likely a public ombudsman nor given to a private ombudsman, what that there may be a regulator to oversee price setting and should the features be of such a scheme? It is suggested that other service obligations including consumer complaints. they include features derived from the practice of The regulator is likely to be responsible for, or oversee the Public Ombudsmen: financial model for the costs of operating the complaints service. There will be pressures on the cost and efficiency • Putting It Right (on complaint handling and remedies,); of the service, and there may be differences from ordinary • Getting It Right (on offering guidance and feedback) and public service Ombudsman practice. For example, how much • Setting It Right (the accountability and independence signposting and general help can be given to complainants arrangements). about privatised services? The big issue is enforcement.

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Peter Tyndall

Public Services Ombudsman, Wales, United Kingdom

Presentation Title Ombudsmen and the changing face of public services

Venue Main Auditorium, Michael Fowler Centre

In the UK many former public services have been privatised The net effect of all of these developments is a far more including most utilities and public transport. A large complex network of ombudsmen spanning both publicly proportion of public housing has been sold to its tenants provided services and those which have been privatised. Some or transferred to third sector landlords. Parts of the health sectors have more than one ombudsman, while others have service have been outsourced. The financial crisis has seen the no access at all. acceleration of privatisation across Europe. From the citizen’s perspective, the rapid expansion in redress When all services are provided by the state, access to redress is schemes presents its own challenges. As more public straightforward. However, when services are privatised, access services are delivered by the private or independent sectors, to redress can be lost. This begs a question – if the railways, finding your way to the appropriate ombudsman scheme can for example, are run by a private company, do they stop being a be difficult. public service? So what can we conclude about the impact of diversity in The development of ombudsman services in the UK reflects public service providers on the work of ombudsmen? the changing face of public services. As well as the UK I will argue that it would have been preferable that the public Ombudsman there are other public services ombudsmen in services ombudsmen should have had their remits amended England and the devolved nations. Private sector ombudsman to include all public services, regardless of who provides schemes were developed for some of the utilities as these them. Where schemes are covering privately provided public industries were privatised. services, I will argue that this element of their work should be funded by a levy. The boundaries of the state are becoming more porous. In the UK there have been some pragmatic responses. In health, In the UK, it is also the case that in general, public services where the state commissions private providers, their services ombudsmen make recommendations and do not have are within the remits of the public sector ombudsmen. binding powers, while private sector ombudsmen do. In a hybrid model, it is likely that binding powers, at least In social care, while many older people in residential homes in respect of private providers, will be necessary. have their care paid for by local councils, people who can meet the cost of their own care must pay themselves. It is the job of the state to ensure that citizens have access The Local Government Ombudsman service in England has to public services. We believe they should also have access had its remit extended so that people who pay for their own to ombudsmen. Complexity in service provision should be care can still complain to the ombudsman. This is an example counterbalanced by simplicity in accessing redress. where an entirely privately funded service is within the remit of a public services ombudsman, creating a hybrid, public/ private scheme.

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Marco Bini

Director, Policy and Coordination, Victorian Auditor- General’s Office, Australia

Presentation Title Public sector accountability: Keeping pace with a changing public service landscape

Venue Main Auditorium, Michael Fowler Centre

Accountability is about “reporting back to those who charged The review is taking place in view of the significant you with a responsibility” (Pat Barrett, former Australian developments in the national accountability landscape, Auditor-General) and it is important in both the private and where there are increasing expectations of ‘joined-up’ audit public sector. The public sector reports back to the electors, via and accountability crossing state and federal jurisdictions. the Parliament. The accountability framework is a crucial part The Commonwealth Audit Act has recently been amended to of this reporting on the public sector. provide for a broader mandate, and this has implications for state and territory governments. Marco Bini of the Victorian Over the last twenty or so years, the public sector and the way Auditor-General’s Office will be speaking about these it does business has changed dramatically. More and more important issues for public service delivery and accountability. government services are being delivered through the private sector to improve efficiency and obtain value-for-money. Key questions: Services are increasingly being delivered through partnerships What sorts of powers are needed to keep pace with the between different governments, such as the Natural Disaster changes in public sector service delivery? Relief and Recovery Arrangements. Also, there are increased community expectations of public sector performance Does any one jurisdiction have a ‘model’ legislative provision and accountability. when it comes to ‘follow the dollar’ powers? The accountability framework has to keep up with these Where do other integrity bodies, such as anti-corruption changes and the audits of the Victorian Auditor-General’s commissions, fit into the picture? Office are one of the main tools Victoria has to keep the How will auditors from different jurisdictions collaborate public sector accountable. But has our existing accountability on audits? framework kept pace with these changes? What do VAGO’s recent audits tell us about the changing The Victorian Government is currently reviewing the Audit accountability landscape? Act 1994, and considering changes that will help strengthen accountability for public services, provide greater assurance over public sector performance reporting and enable effective collaboration with other audit and integrity bodies.

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André Marin

Ombudsman of Ontario, Canada

Presentation Title Old watchdog, new tricks: How social media and technology are transforming the modern Ombudsman

Venue Renouf 1

Today’s classical parliamentary ombudsman owes much to Ontario Ombudsman André Marin has pioneered the use of Lars Mannerheim, the world’s first modern ombudsman, who new technologies and social media throughout his Office’s in 1809 gave us the Swedish title still used around the world operations, using Facebook, Twitter and YouTube not just to today. In many ways, our role in helping ordinary citizens publicize his work but to gather evidence in investigations. access the corridors of power is unchanged from 200 years His office accepts complaints via a new smartphone “app” ago – as are the problems people face with heavy-handed as well as its website, and conducts interviews via the video- governments and bureaucracy. calling service Skype. For most of the last two centuries, the nature of an Mr. Marin, whose systemic investigations have sparked ombudsman’s work did not vary significantly. Ombudsmen dramatic reforms to Ontario government programs (and who dealt with complaints only in writing, working in relative has trained hundreds of ombudsmen from around the world secrecy, reporting to government once a year, if that. Even the in his methodlology through his “Sharpening Your Teeth” advent of telephone and email did little to change traditional course), will discuss how these new tools have enhanced processes. The people could only reach the Ombudsman – and that work. They have helped his office demonstrate its vice-versa – in limited ways. value – allowing the Ontario Ombudsman to reach a wider, more engaged public, make scarce resources go further, Like our core values of independence, impartiality, communicate more effectively with media and stakeholders, confidentiality and transparency, these methods are tried and increase the office’s powers of moral suasion. and true and have instilled our offices with credibiity. But to remain credible and relevant in an increasingly digital world Is your office taking advantage of these new tools? – where citizens have become accustomed to commenting Why or why not? publicly about their experiences online and getting immediate responses – the ombudsman must embrace 21st-century tools to engage the public. Today’s technologies offer the public unprecedented access to those in authority and enable efficient, low-cost, direct communication between citizens and their ombudsman.

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Bart Weekers

Vlaams Ombudsman, Belgium

Presentation Title Planning and maintaining outreach and accessibility while undergoing challenging reforms

Venue Renouf 1

All over the world, ombudsmen are part of what is known as Many Flemings consider the Flemish Ombudsman as “the man “formally organised informal power”. At the same time, ever- who can help me and can solve my problem”. In 2011, about improving communication skills are enabling “informally 7,000 citizens called or mailed my service. In 90% of the cases organised informal power” to become increasingly efficient. my staff had to operate as a call centre and help the citizens Simultaneously, governments worldwide are facing economic to find an appropriate place to express their dissatisfaction, recession and, generally speaking, public spending is coming their discontent, and their complaints. In addition, in 2001 under increasing scrutiny. Within this double perspective, the Flemish Parliament voted in a Complaints Decree which democracy must be wondering whether or not it still needs states that every Flemish government institution must have a the formally organised informal power of the ombudsmen. complaints department or handler. These first-line complaints handlers dealt with 55,000 complaints in 2011. With this in mind, ombudsmen should become more aware of the tasks they definitely have to fulfill, such as responding I do not want the Flemish Ombudsman Service to become a to individual complaints by pointing out the routes to call centre. For this reason, we want to entrust the work and reconciliation and final dispute resolution, and advising the the outcomes of a front-line high-profile government dispute- government to improve public services. However, there are resolution system to a new complaints service. other things that ombudsmen certainly should not do, such as I will explain at the conference how we are developing acting like judges or becoming activists in the public debate. this system. At the moment, we see it as a mechanism that Flanders is the Dutch-speaking northern part of Belgium. operates only at my own Flemish-government level. In the It has over 6 million inhabitants. near future, however, we must be able to develop a more global system, including complaints in the broad areas of The parliamentary Flemish Ombudsman Service, with its 13 banking and insurance, taxes, communication, education, staff members, was founded in 1999 to help Flemish citizens environment, justice and police, traffic and transport, water who are experiencing problems with the Flemish government, and energy, welfare and health, work and finances. In short, and to explain to the government how they can do things such a system will surpass my legal competences, but will be better. Since I was appointed as the Flemish Ombudsman in able to meet citizens’ expectations. September 2010, we have been trying to reinvent the service. At the world conference, I will explain why and how my service As a consequence, my service would then be able to is implementing this operation. concentrate on a more limited number of real ombud’s tasks in which I can achieve actual final dispute resolution.

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Alhagie B. Sowe

Ombudsman, The Gambia

Presentation Title Decentralisation and sensitisation in the face of financial constraints

Venue Renouf 1

Background out the responsibilities of Secretary cum complaints The crucial issue of accessibility for an ombudsman officer. The Cleaners also serve as Messengers. The same institution cannot be considered addressed in the absence of arrangements are being put in place for the Kerewan office decentralization and sensitisation. Through decentralisation, which is set to start operations this year. justice is brought to the door steps of the people especially Temporary Offices the ordinary citizens. It should be noted also that when people Our regional offices are being housed temporarily as a result of do not know what and how they can benefit from the services arrangements reached with the owners of the premises; while of the Ombudsman, then the purpose of decentralisation has we are in the process of acquiring our own plots of land to truly not been served; hence decentralisation and sensitisation build both offices and quarters in the future. remain priority areas for my Office in order to stay relevant and accessible. Sensitisation We have adopted a multiple approach to sensitisation such Decentralisation as: Radio programmes, Television programmes, workshops, The decentralisation programme of the Office is aimed at institutional and community clinics. setting up offices in all five Administrative Regions of the country. The programme is gathering momentum since As Television and Radio programmes could be expensive, the establishment of the Basse Office in 2008. In April 2011, we have sometimes employed a strategy to avoid cost by we opened another office in Mansakonko. This year 2012, channeling our programmes through certain producers whose Kerewan Office will be opened. programmes have a bearing on the work we do. Financial Constraints The Institutional and community clinics also help us to reach Like other Ombudsmen, financial constraints pose a major out to a lot of people by meeting them at their places of threat to the effective functioning of the Office. However, it is work and in their communities. This way we don’t have to with great resolve that we continue to forge ahead in the face pay transport refunds to participants and the number is not of this major challenge, albeit at a slower pace; for example curtailed, thus reaching out to a bigger number of people as the Mansakonko Office which was inaugurated in 2011, should opposed to the workshops. have been established since 2009. Conclusion Overcoming Financial Constraints With sustained effort in our twin programmes of As Ombudsmen continue to grapple with financial constraints, decentralisation and sensitisation, the Office of the what needs to be done is to develop strategies in order to Ombudsman will continue to register great success. get over the hurdles presented by inadequate funding. For Setting up new offices in the provinces means that more example, we have employed the following strategies in order people now have access to ombudsman services. to get going in our Decentralisation Programme. Questions Mergers How can Ombudsman office expand to the provinces without Each Regional Office serves two regions: the Basse office the requisite funds at its disposal? serves as the Regional Office for both Upper River Region How can decentralisation and sensitisation make an and Central River Region; and the Mansakonko Office serves Ombudsman Office effective and relevant? as the regional office for both Lower River Region and North Will provincial people make use of Ombudsman services as Bank Region. those in the urban areas? Combining Responsibilities Investigations in each regional office; that is, both Mansakonko and Basse, are being handled by a Principal Investigator who is also the head of the office. The secretaries in both offices are trained on how to take down complaints, thus carry

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Dr Fong Man Chong

Commissioner against Corruption, Macau, SAR

Presentation Title Methods for ensuring sound public administration, raising standards of integrity and preventing corruption

Venue Renouf 2

By definition, the concept of public administration This has led to a number of interesting questions. incorporates an idea of soundness. Where high standards In this paper, some of those questions will be addressed, like: of integrity are not upheld, there will be no possibility of a sound public administration. The same is to be said of a public • Who takes the initiative? administration that ignores the essential task, the core task, of • In cases pertaining to both agencies, who has preventing corruption. got priority? • How can the Ombudsman perform an effective role in The role of the Ombudsman has traditionally been said, in preventing corruption? broad terms, to be the one of a trusted intermediary between • How affected by the needs of the anti-corruption governments and citizens. But in our times, the Ombudsman agency may the independence of the Ombudsman be? must adopt a proactive attitude towards these issues and, • Is there room for a third role, besides Ombudsman in doing so the Ombudsman faces a whole new array of and anti-corruption agency, in respect of problems. preventing corruption? One of these problems is finding an effective way to combine The paper will present these questions and proceed to discuss the traditional role with the evolving need for preventing them under the light of the current and past legislation corruption at its source. governing the Commission against Corruption of Macao. In the Special Administrative Region of Macao, of the People’s Republic of China, the Commission against Corruption combines under the same leadership, the functions of Ombudsman and those of an Anti-Corruption Agency.

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Nathaniel Heller

Executive Director, Global Integrity, United States of America

Presentation Title The role of the ombudsman in the “open government” century: Exploring ways to integrate ombudsmen into the emerging anti-corruption framework

Venue Renouf 2

This presentation and paper seek to explore the ways in teasing our best practices that seem to connect the best which ombudsmen-type offices and agencies can integrate performing ombudsmen offices. At the same time, the paper themselves into the rapidly changing anti-corruption and presentation will seek to understand why ombudsmen landscape in countries around the world. This paper posits agencies and offices continue to remain isolated in some that a key driver shaping and changing the anti-corruption countries relative to other national-level transparency and landscape is the advent of the “open government” movement, accountability mechanisms. and that ombudsmen offices that can position themselves A final thread will be explored in the paper and the as integral to the “open government” agenda will be best presentation: the links between the “traditional” access to oriented to maximize their effectiveness in the years to come. information movement with the newer “open government” The paper and presentation will begin by exploring data agenda. While not necessarily in tension, the “open gathered by Global Integrity during the past decade around government” agenda has skewed (thus far) towards more the existence and effectiveness of national ombudsmen technical solutions to government accountability and offices in more than 120 countries. In particular, the paper transparency – particularly open data efforts – while largely and presentation will explore how ombudsmen offices rate setting aside the traditional access to information/right to against other key pillars of anti-corruption and transparency information toolkits. Ombudsmen offices can potentially play at the national-level in countries. (In general, ombudsmen a key linking role in bridging that gap, offering government offices perform relatively well when compared with access to officials, transparency advocates, and the general public with information regimes, parliamentary oversight mechanisms, a resource to leverage both cutting-edge technology tools and centralized anti-corruption commissions or agencies.) with traditional rights-based approaches to government The paper and presentation will also seek to identify “top transparency and accountability. performing” ombudsmen offices and agencies based on those data (and the underlying fieldwork) with the aim of

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Dr David Solomon AM

Integrity Commissioner, Queensland, Australia

Presentation Title Queensland’s integrity network

Venue Renouf 2

The Queensland Integrity Commissioner has a unique role. Queensland, as is the case in most other jurisdictions, has The position was created by the Queensland Parliament in many other people or bodies with an integrity function, 1998 to provide advice to Ministers and others about conflicts including the Ombudsman, the Auditor-General, the of interest. The “others” include all Members of Parliament, Crime and Misconduct Commission and the Information the staff of Ministers, all statutory officers, the Chief Executive Commissioner. In Queensland, all are statutory, independent Officers of the departments of the Public Service, and senior bodies, supervised to a greater or lesser extent by various public servants – more than 5,000 people. But those senior parliamentary committees. public servants require the approval of their CEO before they For the past 10 years a non-statutory informal committee can seek advice and very few ask. In recent years about 50 comprising the Integrity Commissioner, the Ombudsman, the formal requests a year have been made. Auditor-General, the Information Commissioner and the chief Since 2010 MPs have also been able to meet with the Integrity executive of the Public Service Commission, has met three or Commissioner to discuss their declarations of interest and four times a year to discuss matters of common interest and to possible conflicts of interest. Successive Premiers have insisted exchange information. that Government MPs do so. The functioning of this committee has attracted attention in In 2010 the range of matters on which advice could be some other Australian States, where integrity bodies seem to sought was expanded to include any ethics or integrity issue. indulge more in conflict than co-operation. Is the Queensland Advice is sought and provided in writing, and is confidential model successful because the responsibilities of the various and not subject to the Right to Information Act. However a bodies are more carefully defined? Would it work better if it person seeking information can make it public if they wish. was given a statutory basis or is its informal nature a reason The Integrity Commissioner has no investigative powers and for its success? Would it be improved if the secrecy provisions has to rely for information on the person seeking advice. that are part of the remit of most of these bodies able Advice must be based on relevant Codes of Conduct, and to be relaxed to improve inter-agency cooperation? other matters the Commissioner considers relevant. Would the Integrity Commissioner’s role be more valuable if the Commissioner was able to utilise the investigative powers of the other agencies?

176 IOI Members Handbook IOI Members Handbook 177 Conference Abstracts

Rt Hon Sir Geoffrey Palmer QC

Prime Minister of New Zealand 1989 – 1990 and President New Zealand Law Commission 2005 – 2010

Presentation Title Celebrating 50 years of Ombudsmanship in New Zealand

Venue Main Auditorium, Michael Fowler Centre

This paper explores the Ombudsmen after fifty years in The specific issues that arise from the paper include the New Zealand within the context of New Zealand’s rather following questions: odd Constitution. It is odd because there is no upper house, • Has the performance matched the original vision and no entrenched written constitution, no judicial review of how would we know? legislative action, and many of the arrangements flow from • How does the institution fit in with Parliament? constitutional conventions not law. New Zealand has a strong • Was it a good idea to add the Official Information Act tradition of parliamentary supremacy. The New Zealand functions to the office? Constitution is highly fluid and elastic. It is like a living, • Was it useful to add the other functions? breathing organism and it mutates. This may be thought to • Has the office been given adequate resources? be a somewhat unstable foundation for the Ombudsmen • Is there a threat that the office is being crowded out with but such has not proved to be the case. The institution of the a proliferation of complaint agencies? Ombudsmen has become an established and settled part of • What changes should be made now? the constitutional landscape in New Zealand. • What discussion of the Ombudsmen institution would be useful in the current constitutional review going on in New Zealand?

178 IOI Members Handbook IOI Members Handbook 179 Conference Abstracts

Mai Chen

Founding Partner, Chen Palmer New Zealand Public Law Specialists, Author of “Public Law Tool Box” and Adjunct Professor of Commercial and Public Law at the University of Auckland Business School, New Zealand

Presentation Title Celebrating 50 years of Ombudsmanship in New Zealand

Venue Main Auditorium, Michael Fowler Centre

The Ombudsman’s role has never been as important to This paper looks at the reforms needed, including legislative New Zealand’s constitutional arrangements as it is now, and educational as well as proper resourcing given that justice given the increased public expectation of transparency and delayed (and information not provided) is justice denied and accountability and the growing reach of government into undermines Government transparency and accountability. every aspect of citizens’ lives. This is particularly so in relation There needs to be more comprehensive guidance on how to to the Ombudsmen’s functions under the Official Information apply the OIA, and the Ombudsmen should be empowered Act 1982 (“OIA”). The OIA is a fundamental constitutional to make conclusive findings of unreasonable delay by a tool, and the Law Commission’s recent review of the OIA government department. There should also be a statutory underscores the importance of that legislation being properly obligation on public agencies to respond to Ombudsmen implemented, and thus, the importance of the Ombudsman’s requests for information within a specified timeframe. These complaints and educative function. However, both the tools will foster compliance with the OIA and will go some Ombudsman and the OIA are not working as well as they way to mitigating current delays in the Ombudsmen’s process. could at present. The Ombudsmen are becoming slower to An effective interface between the Ombudsman, the Privacy respond due to the increasing number of complaints and Commissioner, and the Chief Archivist will also be important, limited resourcing, and in practice I am recommending them given the interrelationship between the Official Information less to clients as a tool to solve public law problems. Similarly, Act, the Privacy Act 1993 and the Public Records Act 2005. the OIA is often failing to ensure that official information is made available in accordance with the principles which underpin that legislation, as public decision-makers find innovative ways to manoeuvre around, or simply breach, their statutory obligations. A greater commitment to compliance with the OIAs obligations is needed, as is training of the public service to understand their obligations.

180 IOI Members Handbook IOI Members Handbook 181 Conference participants

Doualeh Abdoulkader William Angrick Marco Bini David J Carruthers Doualeh International Ombudsman Victorian Auditor-General’s Independent Police Conduct Médiature de la République Insititute Office Authority de Djibouti DJIBOUTI UNITED STATES AUSTRALIA NEW ZEALAND [email protected] [email protected] [email protected] [email protected] Ann Abraham Lai Kao Ao Dwight Bishop Nicholas Catephores Former Ombudsman Commission Against Office of the Ombudsman European Ombudsman UNITED KINGDOM Corruption of Macao SAR CANADA FRANCE [email protected] CHINA [email protected] nicholas.catephores@ [email protected] ombudsman.europa.eu Azlaini Agus Ombudsman Dahiru Bobbo Office of Indonesia Rachnilda (Nilda) Arduin Public Complaints Raksagecha Chaechai AUSTRALIA Bureau Ombudsman Sint Commission Office of the Ombudsman kerrie.buitendam@ Maarten NETHERLANDS NIGERIA cnwosuchuks@ THAILAND ombudsman.gov.au ANTILLES yahoo.com [email protected] [email protected] Satiki Ahio Jonathan Boston Kathleen Chan Ombudsman of Tonga Office Festinah Bakwena School of Government, Office of The Ombudsman, TONGA Office of Ombudsman Victoria University Hong Kong kerrie.buitendam@ BOTSWANA NEW ZEALAND HONG KONG ombudsman.gov.au [email protected] [email protected] [email protected] Akbar Ali Tarno Balla Alex Brenninkmeijer Ron-yaw Chao Provincial Ombudsman Mediateur De La Republique National Ombudsman The Control Yuan Balochistan NIGER of the Netherlands TAIWAN PAKISTAN [email protected]; NETHERLANDS [email protected] saeedshahwani2003 [email protected] secretariaat@ Siracha Charoenpanij @gmail.com; nationaleombudsman.nl Bruce Barbour Office of the Ombudsman [email protected] NSW Ombudsman Arlene Brock THAILAND Nawaf Almouada AUSTRALIA Ombudsman for Bermuda [email protected] MOI Ombudsman [email protected] BERMUDA Yi-Chieh Chen BAHRAIN [email protected]; Ingvild Bartels Norwegian The Control Yuan [email protected] [email protected] Parliamentary Ombudsman TAIWAN Mohamed Alromaihi NORWAY Liz Brown [email protected] National Security Agency [email protected] Former Banking Ombudsman Mai Chen BAHRAIN NEW ZEALAND Deborah Battell Chen Palmer [email protected] [email protected] Banking Ombudsman Scheme NEW ZEALAND Cheiffou Amadou NEW ZEALAND Lynda Brown [email protected] Mediateur De La Republique cheryl.thomson@ Office of the Ombudsman Yeung Fong NIGER bankomb.org.nz NEW ZEALAND Cheung Parliamentary [email protected] lynda.brown@ Mark Battershill Ombudsman for Public ombudsman.parliament.nz Foziya Amin LANWorx Administration Norway Ethiopian Institution of the NEW ZEALAND Dirk Brynard NORWAY Ombudsman [email protected] University of South Africa [email protected] ETHIOPIA SOUTH AFRICA Pornpimon Beamukda Tujilane Chizumila [email protected] [email protected] Office of the Ombudsman Office of Ombudsman Malawi Kanokkwan Anantagool THAILAND Andrew Butler MALAWI Office of the Ombudsman [email protected] Russell McVeagh [email protected] THAILAND NEW ZEALAND Richard Bingham Seak Keong [email protected] [email protected] Ombudsman SA Chow Commission Against AUSTRALIA Corruption, MACAU SAR bingham.richard@ CHINA ombudsman.sa.gov.au [email protected]

182 IOI Members Handbook Dahee Chung Catherine De Bruecker Kevin Fenwick Andrew Goldsmith Anti-Corruption & Civil Rights le Médiateur fédéral Ombudsman Saskatchewan, Flinders University Commission of Korea BELGIUM Canada AUSTRALIA KOREA, SOUTH mediateur@ CANADA andrew.goldsmith@ [email protected] mediateurfederal.be [email protected] flinders.edu.au Phil Clarke Gareth Derby Chris Field Mariana Gonzalez Guyer Office of the Queensland Office of the Ombudsman Western Australian National Institute For Human Ombudsman NEW ZEALAND Ombudsman Rights and Ombudsperson AUSTRALIA gareth.derby@ AUSTRALIA Office NEW ZEALAND pclarke@ ombudsman.parliament.nz nicola.jamieson@ [email protected] ombudsman.qld.gov.au ombudsman.wa.gov.au Antonia Di Maio Shreen Grewal-Sen Tim Clarke Office of the Ombudsman Wolfgang Finger Office of the Ombudsman Russell McVeagh NEW ZEALAND Deutscher Bundestag NEW ZEALAND NEW ZEALAND Antonia.dimaio@ GERMANY shreen.grewal-sen@ [email protected]; ombudsman.parliament.nz [email protected] ombudsman.parliament.nz [email protected] Nikiforos Diamandouros Richard Fisher Ulrike Grieshofer Marie Cochrane European Ombudsman Office of the Ombudsman Head IOI General Secretariat Office of the Ombudsman FRANCE NEW ZEALAND AUSTRIA NEW ZEALAND nikiforos.diamandouros@ richard.fisher@ [email protected]; marie.cochrane@ ombudsman.europa.eu ombudsman.parliament.nz Ulrike.Grieshofer@ ombudsman.parliament.nz volksanw.gv.at Leo Donnelly Arne Fliflet Nicci Coffey Office of the Ombudsman The Norwegian Parliamentary Tryggvi Gunnarsson Office of the Ombudsman NEW ZEALAND Ombudsman Parliamentary Ombudsman NEW ZEALAND leo.donnelly@ NORWAY of Iceland nicci.coffey@ ombudsman.parliament.nz [email protected] ICELAND ombudsman.parliament.nz [email protected] Andrew Ecclestone Man Chong Fong Simon Cohen Head of FOI Policy Branch, Commission Against Yvette Hall TIO Ltd Department of Constitutional Corruption of Macao SAR Office of the Ombudsman AUSTRALIA Affairs, UK 2001-2003. CHINA TRINIDAD AND TOBAGO [email protected] NEW ZEALAND [email protected] [email protected] andrew.ecclestone@ Andrew Coyle Tom Frawley Ian Harden ombudsman.parliament.nz University of Essex Northern Ireland Ombusdman European Ombudsman UNITED KINGDOM Tissa Ekanayake UNITED KINGDOM FRANCE [email protected]. Parliamentary Commissioner tom.frawley@ [email protected] ac.uk for Administration ni-ombudsman.org.uk Julia Harrison SRI LANKA George P. Crassas Hayden Friend Office of the Ombudsman [email protected] The Office of The LANWorx NEW ZEALAND Commissioner for Amanda Ellis NEW ZEALAND julia.harrison@ Administration and Human Ministry of Foreign Affairs ombudsman.parliament.nz Elisabet Fura Rights (Ombudsman) and Trade The Parliamentary Sue Haslam CYPRUS NEW ZEALAND Ombudsmen – JO Office of the Ontario [email protected] [email protected] SWEDEN [email protected] Ombudsman Pranowo Dahlan Brian Elwood CANADA Elton Georges Indonesian Ombudsman Retired [email protected] The Complaints Commission AUSTRIA NEW ZEALAND BRITISH VIRGIN ISLANDS Nathaniel Heller kerrie.buitendam@ [email protected] [email protected] Global Integrity ombudsman.gov.au Neile Alina UNITED STATES Yeong-Kuang Ger Jeannine Daniel Fanana Lesotho Ombudsman nathaniel.heller@ The Control Yuan Ombudsman Office of LESOTHO globalintegrity.org TAIWAN the Cooks Islands [email protected] [email protected] Julie Henderson COOK ISLANDS Abdulrahman Fares Office of the Ombudsman kerrie.buitendam@ Susan Gifford MOI Ombudsman NEW ZEALAND ombudsman.gov.au Office of the Ombudsman BAHRAIN julie.henderson@ NEW ZEALAND Tanon Daouda [email protected] ombudsman.parliament.nz susan.gifford@ Institution le Médiateur de la Azhar Farooqi ombudsman.parliament.nz Bridget Hewson République Federal Insurance Office of the Ombudsman COTE D’IVOIRE Ombudsman Pakistan NEW ZEALAND [email protected] PAKISTAN bridget.hewson@ [email protected] ombudsman.parliament.nz

IOI Members Handbook 183 Mario Hook Philip Joseph Keiko Kosaki Cheng Cheng Lok Gibraltar Public Services School of Law, University of Ministry of Internal Affairs Commission Against Ombudsman Canterbury and Communications Corruption of Macao SAR GIBRALTAR NEW ZEALAND JAPAN CHINA mario.hook@ [email protected] [email protected] [email protected] ombudsman.gib.gi Rae Julian Peter Kostelka Agneta Lundgren John Hopkins [email protected] IOI / Austrian Ombudsman The Parliamentary University of Canterbury Institute Ombudsmen – JO Hent Kalmo NEW ZEALAND AUSTRIA SWEDEN The Office of the Chancellor of john.hopkins@ [email protected] [email protected] Justice of Estonia canterbury.ac.nz ESTONIA Mitesh Kotecha Judith Macaya Alsina Peter Hourihan [email protected] MOI Ombudsman Catalan Ombudsman Alberta Ombudsman BAHRAIN SPAIN Wei-Hao Kao CANADA [email protected] [email protected] The Control Yuan jolene.morin@ TAIWAN Tasi Lagolago Thulisile Madonsela ombudsman.ab.ca [email protected] Office of the Ombudsman Public Protector South Africa Chao-nan Hung NEW ZEALAND SOUTH AFRICA Poni Kapaga The Control Yuan tasi.lagolago@ [email protected] Timor-Leste Ombudsman TAIWAN ombudsman.parliament.nz EAST TIMOR Andre Marin [email protected] kerrie.buitendam@ Chris LaHatte Office of the Ontario Al Hutchinson ombudsman.gov.au; ICANN Ombudsman Dialogic Evaluation Inc sina.hutton@ NEW ZEALAND CANADA CANADA ombudsman.gov.au [email protected] [email protected] [email protected] Alfred Kwanga Alan Lai Margaret Marshall Fiona Illingsworth Kaweza Commission Office of The Ombudsman, Office of the Ombudsman Ministry of Justice For Investigations Hong Kong NEW ZEALAND NEW ZEALAND ZAMBIA CHINA margaret.marshall@ [email protected] [email protected]; [email protected] ombudsman.parliament.nz [email protected] Kartini Istikomah Rob Laking Jane Martin Ombudsman of Indonesia Jim Kennelly NEW ZEALAND Local Government AUSTRALIA Carleton University [email protected] Ombudsman kerrie.buitendam@ CANADA UNITED KINGDOM Juliet Le Couteur ombudsman.gov.au [email protected] [email protected] Office of the Ombudsman Petri Jääskeläinen Valiollah Khobreh NEW ZEALAND Anthony Martin The Parliamentary General Inspection juliet.lecouteur@ Office of the Ombudsman Ombudsman of Finland Organization ombudsman.parliament.nz NEW ZEALAND FINLAND IRAN anthony.martin@ Emma Leach [email protected] [email protected] ombudsman.parliament.nz Office of the Ombudsman Juris Jansons Ki-sun Kim NEW ZEALAND George Masri Ombudsman of the Anti-Corruption & Civil Rights emma.leach@ Australian Office of the Republic of Latvia Commission of Korea ombudsman.parliament.nz Commonwealth Ombudsman LATVIA KOREA, SOUTH AUSTRALIA Frank Li [email protected] [email protected] kerrie.buitendam@ Office of The Ombudsman, ombudsman.gov.au Busisiwe Jele Myeonghwa Kim Hong Kong Public Protector South Africa Anti-Corruption & Civil Rights HONG KONG Robin K. Matsunaga SOUTH AFRICA Commission of Korea [email protected] Office of the Ombudsman, [email protected] KOREA, SOUTH State of Hawaii Lars Lindström [email protected] UNITED STATES Phillip Jele The Parliamentary robin.matsunaga@ Office of the Inspector David King Ombudsmen – JO ombudsman.hawaii.gov General of Intelligence Ministry of Justice SWEDEN [email protected] SOUTH AFRICA NEW ZEALAND Anselimo Boniface Irena Lipowicz [email protected] [email protected] Mbuzi Commission For Human Rights Defender Investigations Jacki Jones Richard Kirkham POLAND ZAMBIA Office of the Ombudsman University of Sheffield [email protected] [email protected]; NEW ZEALAND UNITED KINGDOM Ellos Lodzeni [email protected] jacki.jones@ [email protected] Office of Ombudsman Malawi ombudsman.parliament.nz MALAWI [email protected]

184 IOI Members Handbook Dulcie McCallum Yu-Lina Millar Shantharam Sai Venka Luis Manuel Pacheco de Access to Information and Office of the Ombudsman Nayak Matos Rolo Privacy Review Officer NEW ZEALAND Commonwealth Human Commission Against CANADA Yu-Lina.George@ Rights INitiative Corruption of Macao SAR [email protected] ombudsman.parliament.nz INDIA CHINA [email protected] [email protected] Andrew McCaw David Miller Office of the Ombudsman The Global Fund to Fight Aids, Colin Neave Geoffrey Palmer NEW ZEALAND Tuberculosis and Malaria Australian Office of the Barrister andrew.mccaw@ NEW ZEALAND Commonwealth Ombudsman NEW ZEALAND ombudsman.parliament.nz [email protected] AUSTRALIA [email protected] kerrie.buitendam@ Michael McDonnell Rebecca Minty Jae-young Park ombudsman.gov.au Office of the Ombudsman APT Anti-corruption and Civil NEW ZEALAND SWITZERLAND Jessica Ngatai Rights Commission, michael.mcdonnell@ [email protected] NZ Human Rights Commission Republic of Korea ombudsman.parliament.nz NEW ZEALAND Souleiman Miyir Ali Letitia Parry [email protected] Catriona McDougall Médiature de la République Office of the Ombudsman Office of the Ombudsman de Djibouti Coulibaly N’golo NEW ZEALAND NEW ZEALAND DJIBOUTI Institution le Médiateur letitia.parry@ catriona.mcdougall@ [email protected] de la République ombudsman.parliament.nz ombudsman.parliament.nz COTE D’IVOIRE Zahra Mohamed Bogoreh Ron Paterson [email protected] David McGee Médiature de la République Banking Ombudsman Scheme Office of the Ombudsman de Djibouti Panit Nitithanprapas NEW ZEALAND NEW ZEALAND DJIBOUTI Office of the Ombudsman cheryl.thomson@ david.mcgee@ [email protected] THAILAND bankomb.org.nz ombudsman.parliament.nz [email protected] Mostafa Mokhtari Clare Petre Janine McGruddy General Inspection Augustinas Normantas Energy & Water Ombudsman Tertiary Education Organization Seimas Ombudsmen’s Office NSW Commission IRAN LITHUANIA AUSTRALIA NEW ZEALAND [email protected] [email protected] [email protected] [email protected] Alain Wai Molgos Hendra Nurtjahjo John Petris Wayne McIver Vanuatu Ombudsman of Indonesian Petris Law Office Office of the Ombudsman VANUATU AUSTRALIA NEW ZEALAND NEW ZEALAND kerrie.buitendam@ kerrie.buitendam@ [email protected] wayne.mciver@ombudsman. ombudsman.gov.au ombudsman.gov.au Megan Philpot parliament.nz Themba Mthethwa Wale Ogunbanjo Ombudsman SA John McMillan Public Protector South Africa Public Complaints AUSTRALIA Office of the Australian SOUTH AFRICA Commission philpot.megan@ Information Commissioner [email protected] NIGERIA ombudsman.sa.gov.au AUSTRALIA [email protected]; Heather Murdoch John Pohl [email protected] [email protected] Office of the Ombudsman Office of the Ombudsman Julie Mellor NEW ZEALAND Sólja í Ólavsstovu NEW ZEALAND Parliamentary & Health heather.murdoch@ Løgtingsins Umboðsmaður john.pohl@ Service Ombudsman ombudsman.parliament.nz FAROE ISLANDS ombudsman.parliament.nz UNITED KINGDOM [email protected] Sarah Murphy Joe Poraiwai privateoffice@ Office of the Ombudsman Audrey Olivier Solomon Island Ombudsman ombudsman.org.uk NEW ZEALAND Muralt Association for SOLOMON ISLANDS Tracey Meredith sarah.murphy@ the Prevention of Torture kerrie.buitendam@ Office of the Ombudsman ombudsman.parliament.nz SWITZERLAND ombudsman.gov.au NEW ZEALAND [email protected] Satomi Muto Christine Potts tracey.meredith@ Ministry of Internal Affairs and Jens Olsen Human Rights Commission ombudsman.parliament.nz Communications Danish Parliamentary NEW ZEALAND Mekdes Mezgebu JAPAN Ombudsman [email protected] Ethiopian Institution of [email protected] DENMARK Greg Price the Ombudsman [email protected] Davies Jose Mwanza Office of the Ombudsman ETHIOPIA Commission For Amollo Otiende NEW ZEALAND [email protected] Investigations The Commission On greg.price@ ZAMBIA Administrative Justice ombudsman.parliament.nz [email protected]; KENYA [email protected] otiendeamollo@ombudsman. go.ke IOI Members Handbook 185 Lyn Provost Phoebe Sangetari Stephan Sjouke Karen Stevens Office of the Auditor-General Ombudsman Commission of National Ombudsman Insurance & Savings New Zealand Papua New Guinea of the Netherlands Ombudsman NEW ZEALAND PAPUA NEW GUINEA NETHERLANDS NEW ZEALAND [email protected]; phoebe.sangetari@ s.sjouke@ [email protected] [email protected] ombudsman.gov.pg nationaleombudsman.nl Leanne Stewart Faith Doreen Radebe Budi Santoso Nicola Sladden Office of the Ombudsman Office of the Inspector Ombudsman if Indonesia Banking Ombudsman Scheme NEW ZEALAND General of Intelligence AUSTRALIA NEW ZEALAND leanne.stewart@ NEW ZEALAND kerrie.buitendam@ cheryl.thomson@ ombudsman.parliament.nz margaret.maduna5@ ombudsman.gov.au bankomb.org.nz Terezija Stoisits gmail.com Howard Sapers Rick Snell Austrian Ombudsman Board Aubrey Ramawa Office of the Correctional University of Tasmania AUSTRIA Office of the Inspector Investigator of Canada AUSTRALIA [email protected] General of Intelligence ONTARIO [email protected] Gero Storjohann SOUTH AFRICA [email protected] Wojciech Soczewica Deutscher Bundestag [email protected] Anand Satyanand Office of Human Rights GERMANY Kay Reedy Former Ombudsman Defender of the gero.storjohann@ Office of the Ombudsman (New Zealand) Republic of Poland bundestag.de NEW ZEALAND NEW ZEALAND POLAND Anita Stuhmcke kay.reedy@ [email protected] [email protected]; Faculty of Law, ombudsman.parliament.nz [email protected] Alex Schroder University of Technology Mike Reid Office of the Ombudsman Caroline Sokoni AUSTRALIA Local Government NEW ZEALAND Commission For [email protected] New Zealand alex.schroder@ Investigations Muhammad Suddle NEW ZEALAND ombudsman.parliament.nz ZAMBIA Federal Tax Ombudsman [email protected] [email protected]; Guido Schuermans Secretariat [email protected] Linda Reif de federale Ombudsman PAKISTAN Faculty of Law, BELGIUM David Solomon A.M. [email protected] University of Alberta ombudsman@ Qld. Integrity Commissioner Elmira Suleymanova CANADA federalombudsman.be AUSTRALIA Azerbaijan Ombudsman [email protected] [email protected] Hoi Hung Seak Office Rafael Ribó Commission Against Jørgen Steen Sørensen AZERBAIJAN Catalan Ombudsman Corruption of Macao SAR Danish Parliamentary ombudsman@ SPAIN CHINA Ombudsman ombudsman.gov.az [email protected] [email protected] DENMARK Máté Szabó [email protected] Päivi Romanov Pierre Simon Secka Office of the Commissioner Office of the Parliamentary The Office of The Ombudman Mariana Sotto Maior for Fundamental Rights Ombudsman (Gambia) Provedor de Justiça HUNGARY FINLAND GAMBIA, THE PORTUGAL [email protected] [email protected] [email protected] mariana.sotto.maior@ Pilimisolo Tamoiua provedor-jus.pt Shae Ronald Oupa Segalwe Ombudsman of Tonga Office Human Rights Commission Public Protector South Africa Alhaji B. Sowe NEW ZEALAND NEW ZEALAND SOUTH AFRICA Office of Ombudsman kerrie.buitendam@ [email protected] [email protected] GAMBIA, THE ombudsman.gov.au ombudsmangambia@ David Rutherford Gina-Marie Seymour John Taylor gmail.com Human Rights Commission Office of the Ombudsman Victorian Ombudsman NEW ZEALAND NEW ZEALAND Kelly Stein AUSTRALIA [email protected] gms@ Office of the Ombudsman john.taylor@ ombudsman.parliament.nz NEW ZEALAND ombudsman.vic.gov.au Raymonde Saint-Germain kelly.stein@ Protecteur du citoyen Hillel S. Shamgar Roypim Therawong ombudsman.parliament.nz CANADA State Comptroller and Office of the Ombudsman raymonde.saint-germain@ Ombudsman of Israel Lynette Stephenson THAILAND protecteurducitoyen.qc.ca ISRAEL Office of the Ombudsman kanokkwan@ [email protected] TRINIDAD AND TOBAGO ombudsman.go.th Vai Keong Sam stephensonl@ Commission Against Mahito Shindo Brian Thompson ombudsman.gov.tt Corruption of Macao SAR Macquarie Law School University of Liverpool CHINA AUSTRALIA UNITED KINGDOM [email protected] [email protected] [email protected]

186 IOI Members Handbook Mark Thomson Jane van Duin Joseph Whittal The Association for the Office of the Ombudsman Commission on Human Rights Prevention of Torture NEW ZEALAND and Administrative Justice SWITZERLAND jane.vanduin@ GHANA [email protected] ombudsman.parliament.nz [email protected] Jill Thomson Helena Vera-Cruz Pinto Lilian Wiklund Canterbury Earthquake Provedor de Justiça The Parliamentary Recovery Authority PORTUGAL Ombudsmen – JO NEW ZEALAND [email protected] SWEDEN [email protected] [email protected] Petra Visscher Clare Todd Ombudsman Amsterdam Peter Wilkins Office of the Ombudsman NETHERLANDS Ombudsman Western NEW ZEALAND p.visscher@ Australia clare.todd@ gemeentelijkeombudsman.nl AUSTRALIA ombudsman.parliament.nz Peter.Wilkins@ Marianne von der Esch ombudsman.wa.gov.au Maiava Lulai Toma The Parliamentary Ombudsman Samoa Ombudsmen – JO Nicola Williams SAMOA SWEDEN Office of the Complaints kerrie.buitendam@ [email protected] Commissioner ombudsman.gov.au CAYMAN ISLANDS Karin Wagenbauer [email protected] Frederick Tong IOI General Secretariat Office of The Ombudsman, AUSTRIA Marilyn Wilson Hong Kong [email protected] Office of the Ombudsman HONG KONG NEW ZEALAND Beverley Wakem [email protected] marilyn.wilson@ Office of the Ombudsman ombudsman.parliament.nz Kimiyoshi Toyama NEW ZEALAND Nihon University beverley.wakem@ Gilbert Wong JAPAN ombudsman.parliament.nz Human Rights Commission [email protected] NEW ZEALAND Hamish Wall [email protected] Alima Déborah Traore Canterbury Earthquake Le Mediateur Du Faso Recovery Authority John Wood FRANCE NEW ZEALAND Baljurda Comprehensive [email protected] [email protected] Consulting Pty Ltd AUSTRALIA Lucie Trask John Robert Walters [email protected] Office of the Ombudsman Ombudsman Namibia NEW ZEALAND NAMIBIA Kim Workman lucie.trask@ [email protected] Robson Hanan Trust ombudsman.parliament.nz (Rethinking Crime and Osamu WATARAI Punishment) Ibnu Tricahyo Ministry of Internal Affairs and NEW ZEALAND Ombudsman of Indonesia Communications [email protected] AUSTRALIA JAPAN kerrie.buitendam@ [email protected] Janine Young ombudsman.gov.au Public Transport Ombudsman Bart Weekers AUSTRALIA Peter Tyndall Vlaamse Ombudsdienst [email protected] Public Services Ombudsman BELGIUM for Wales bart.weekers@ Sophie Zagré UNITED KINGDOM vlaamseombudsdienst.be Le Mediateur Du Faso marilyn.morgan@ BURKINA FASO Diane Welborn ombudsman-wales.org.uk [email protected] Ombudsman, Ohio Kalu Uduma UNITED STATES Public Complaints welborn@ Commission dayton-ombudsman.org NIGERIA Chris Wheeler [email protected] NSW Ombudsman Ulco van de Pol AUSTRALIA Ombudsman Amsterdam [email protected] NETHERLANDS u.vandepol@ gemeentelijkeombudsman.nl

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