OMBUDSMAN/ICAC: NOT the OVERSEERS NEEDED for RATEPAYER PROTECTION Pt
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ISSN 1833-1831 Tourist Park Coober Pedy 08 86 725 691 BULLS GARAGE On-site Service Centre Phone: 86 725 036 Tel: 08 8672 5920 https://cooberpedytimes.com Thursday 25 July 2019 OMBUDSMAN/ICAC: NOT THE OVERSEERS NEEDED FOR RATEPAYER PROTECTION Pt. 1 A measure of public disappointment followed the SA Margaret Mackay © Ombusdman visit to Coober Pedy Tuesday 23rd July. Feedback to the Coober Pedy Regional Times strongly suggests that abuses of public office, including the potential targetting of individuals would continue from inside local government settings along with ongoing difficulties navigating the coloured tape of bureaucracy for residents choosing to lodge their concerns with the OPI. Many residents are elderly, ethnic, or/and have low literacy levels with no access to assistance with lodging genuine complaints or concerns. This failure in our system could equate to severe frustration, even torture for some individuals who are deserving of a peaceful retirement or similar. The growing lack of accountability in public office, along with the potential for facing cross agency collusion and other conflicts of interest, amongst the remedies, killed community confidence by the end of the evening. Mr. Wayne Lines was a legal practitioner for 25 years. Work Cover Ombudsman, and worked for the Solicitor General before being appointed State Ombudsman 5 years ago. Clair Booth investigator accompanied Wayne Lines. Mr. Lines acknowledged Coober Pedy's sad history with it's council and acknowledged that the community is still greiving over some of the issues. South Australian Ombudsman Mr. Wayne Lines at TAFE in Coober Pedy with DCCP Administrator The Ombudsman encouraged residents to keep engaging Mr. Tim Jackson last Tuesday night to make sure our voices are heard. • My recommendations don’t have the force of law. An • The main thing to get out of that is that What the Ombudsman told us : (precised) agency, if it wanted can snub their nose at me and not do Maladministration is about misuse of public money it. Mismanagement of resources and functions, incompetence • Ombudsman’s visit: To help the community understand and negligence. the role of the Ombudsman and how it interacts with the If they were to do that, the most I can do is make a report ICAC. What are your options with some of the grievances in to Parliament and say “this govt department was told • The Ombudsman gets about 30 or 40 complaints each and concerns that you feel haven't been dealt with. Where to do X and refused to do it.... so I’m making this public year referred by ICAC. Ombudsman exercises his do you go with those and what do you do? in Parliament itself so the whole world will know that this discretion as to whether or not they are investigated. department refuses to do the right thing. Generally they are investigated, but ocassionally not. • Said there was no point raising specific issues in the public forum, but would talk about how he would approach That is usually enough to get the recommendations What are Coober Pedy’s options for grievances? certain matters and what the process is. implemented. • Ombudsman position is appointed by both houses of • According to the Ombudsman, if it hasn’t been raised Parliament. Does not follow instructions or orders from • These are not legally enforceable recommendations. with council before, then council is the starting place. the Government, or individuals but acts in the Public The Ombudsman mention Tim Jackson or CEO. They interest. ie all of the public of South Australia. • ICAC: How does the Independent Commissioner against have the process to do this. Corruption interact with the Ombudsman? • An Ombudsman receives complaints and where • There are some things they can’t deal with ie Criminal appropriate investigates complaints that relate to the • Attached to the ICAC office is the Office for Public matter, allegations of fraud, corruption and deception then administrative actions of public authorities and government Integrity. OPI is like a clearing house for all complaints SA Police or Office of Public Integrity. agencies. For eg. Has the agency followed it's and reports about things that have gone wrong in public procurement policy and procedure with the way it enters administration. According to the Ombudsman, if they say there isn’t into contracts. Has the agency followed an appropriate enough to go on then you are stuck. consultation process which has been used as the basis of • The ICAC only deals with three types of issues: making a decision. Corruption, Misconduct and Maladministration in public NEXT EDITION administration. • An administrative act is not a policy decision, so I can't actually investigate a decision [let's say] by council as to • Each of those terms are defined in the ICAC Act which PART 2 OF OMBUDSMAN VISIT how it's going to divy up it's income and it's resources - are very specific. that is a policy decision. • Corruption has to do with criminal offenses and corrupt INCLUDING • You might not like a decision that council has made behaviour by public officers. All council elected members regarding how much money they are putting towards a and council employees are public officers. If you are COMMUNITY QUESTIONS particular service or how they have deferred doing some aware of someone breaking the law in their role as a public work on some roads. officer you can report them to OPI first of all. • The Ombudsman’s office is paid for out of public funds • Misconduct is a breach of a code of conduct or a so he can’t be an advocated for an individual. It must statutory duty. If you were aware of such a breach, you have some benefit to the general public and whether the could report them for misconduct. issue being considered raises some sort of systemic Maladministration conduct of a public officer, or the problem. • practice, policy or procedure of a public authority that results in an irregular and unauthorised use of public • The role of the Ombudsman is to check on how things are happening now in order to improve them. As long as money, or substantial mismanagement of public resources. it is feasible it can be put into place. I recommend things like changing the procedure; reviewing the decision; • Maladministration can also be the conduct of a public issuing an apology. officer involving substantial mismanagement of their official functions. Coober Pedy TAFE - Venue for Ombudsman talk SERVING THE OPAL CAPITAL OF THE WORLD SINCE 1982 The COOBER PEDY REGIONAL TIMES is ‘WORLD WIDE’ READ Newspaper FREE online at: https://cooberpedytimes.com/ ABOUT US 7 DAYS WEATHER Email: [email protected] Coober Pedy is an underground town Coober Pedy Oodnadatta Tarcoola Andamooka Roxby Downs built on the back of opal mining The annual rainfall in the area is around 175 mm (5 inches) per annum * The CPRT newspaper first became DIGITAL in DUGOUT 2006 and is now ONLINE albeit a number of copies are still printed locally South Editor - Margaret Mackay PO Box 275 Coober Pedy SA 5723 Ph: (08) 8672 5920 Email: [email protected] https://cooberpedytimes.com/ Next Newspapers September Equinox in *South Australia, is on Thursday 08 Aug 2019 Thursday 22 Aug 2019 Monday, 23 September Thursday 05 Sep 2019 2019 at 5:20 pm ACST Thursday 19 Sep 2019 Advertising Rates Display $6.50 per cm/col Classified $8.00 per cm/col THE OPAL CAPITAL OF THE WORLD Bookings and Material Coober Pedy is an must be in Fri prior to publication underground town built on the back of opal mining EMAILING LIST If you would like to be on a fortnightly email- TOM’S UNDERGROUND out send your preferred email address to working mine, & THE OLD [email protected] TIMER’S MINE at Crowder’s Gully The Coober Pedy Regional Times “Your Outback Communities Newspaper” While in town take an OPAL CPRT became a FREE Newspaper in 2006 and FIELDS tour - you’ll believe increased its distribution to 4,500 hard copies + you’re on Mars. 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