Ombudsman Victoria Annual Report 06 Ordered to be printed Victorian government printer Session 2003 – 2006 P.P. no. 226 3 Letter to the Legislative Council and the Legislative Assembly To The Honourable the President of the Legislative Council and The Honourable the Speaker of the Legislative Assembly Pursuant to section 25 of the Ombudsman Act 1973 and section 102 of the Whistleblowers Protection Act 2001, I present to the Parliament the annual report of Ombudsman Victoria for 2005-06. Yours sincerely G E Brouwer OMBUDSMAN 5 Mission Independently investigate, review and resolve complaints concerning administrative actions of state government departments, local councils and statutory authorities; to report investigate the results to complainants and agencies; to report to Parliament; to improve accountability; and to promote fair and reasonable review public administration. resolve 7 Contents Year in review 9 Complaints by prison and daily 40 Whistleblowers 61 Strategic priorities 92 Complaints 11 average number of prisoner Statistics 61 Organisation 93 Own motion investigation 12 held in each prison in 2005-06 Detrimental action 62 Organisational change 93 Not an advocate 12 Access of prisoners to the 41 Complaints 63 Staffing 93 Whistleblowers Protection Act 2001 12 Ombudsman Difficulties encountered 63 Staffing trends 94 Good Practice Guide 13 Action on prisoner complaints 41 Use of powers 64 Staff profile as at 94 New jurisdictions 13 Major investigations during the year 42 Academic work 64 30 June 2006 Conflict of interest study 13 Investigation into drug 42 Coming year 64 Communications Unit 95 testing in prisons Future course 14 Case studies 65 Internal management 95 Investigation into conditions 42 Complaints statistics 14 Freedom of Information 67 and governance for persons in custody in Recruitment 95 Complaints received by agency 15 police cells and prisons Statistics 67 Complaints 17 Own motion investigation 67 Declaration of private 95 Investigation into the 43 interests Department of Human Services 19 handling, storage and Findings 68 Occupational health 95 Child protection 19 transfer of prisoner property Outcome of review 70 and safety Regional child protection 20 Areas of special interest 44 Case studies 71 Office-based 96 program Coming year 72 Opening exempt mail 44 environmental impacts Office of Housing 22 Transport Accident and WorkCover 75 Strip searches Internal reviews 96 Allegations of impropriety 22 Complaints 75 Use of high security and 44 Victorian Industry Juvenile justice centres 23 management units Raising awareness 76 Participation Policy Act 97 Disability Services 24 Access to health and 45 Case studies 76 Consultancies 97 Department of Education and Training 27 mental health services Coming year 78 Publications 97 Investigation into DET 27 for prisoners Outreach 81 Website 97 complaint-handling Smoking in prison cells 45 Access to the community 81 Performance table 2005-06 98 Registered training organisations 28 Death in custody 45 Outreach activities 82 Adoption of recommendations 102 Number of children 29 Case studies 46 International delegation visits 82 from Ombudsman Victoria undertaking study at a Other agencies Inspection functions 85 reports tabled in Parliament registered training Follow-up to the June 2005 own 49 Melbourne City Link 85 2005-06 organisation motion investigation into VicRoads Telecommunications interception 85 Legislation 103 Universities 30 registration practices RSPCA inspectors 86 Disclosure index 105 Local government 33 Improving responses to 50 Authorised officers 86 Financials 111 Significant investigations 33 allegations involving Inspection functions no longer 86 Whistleblowers Protection Act 2001– 137 Melbourne City Council 33 sexual assault with my office Ombudsman’s Guidelines and parking in Yarra Park State Trustees Limited 51 About Ombudsman Victoria 89 Freedom of Information 181 Investigation into parking 34 Investigation into the Victorian 52 About Ombudsman Victoria 91 infringement notices issued Taxi Directorate Index 187 Objectives and functions 91 by Melbourne City Council Other issues 55 Goals 91 Seasonal complaints 35 Telephone complaints 57 Complaint-handling 91 Case studies 36 Case studies 57 Corrections complaints 39 Access 91 Prison developments in 2005-06 39 Accountability 92 Prison population 39 Effectiveness 92 9 investigate Year in review review resolve 11 Year in review This past year has been a busy one for my office as it contributed to the establishment of the Office of Police Integrity (OPI) and then commenced to disaggregate from its involvement with OPI. Early this coming year my office will move location to complete this process. It has also been a year of significant contribution to improving public administration in my releasing four major public reports, two which address public sector wide issues. Complaints Again I report on a significant increase in complaints within my jurisdiction, up 14 per cent compared to the previous year which was an increase of 15 per cent over the preceding year. My office received 3,380 complaints and 11,587 telephone enquiries this year. Many of the accountability enquires were out of my jurisdiction and were referred to the relevant body or agency. year in Of the 3,515 complaints closed in 2005-06 the average time taken to close was 44.7 days with half closed within 23 days, an improvement on the previous year. access Of all files closed in 2005-2006 56.7 per cent were open for less than 30 days with a total of review 85 per cent of all files closed open for less than 90 days The complexity of complaints has also increased. My staff have been engaged in a greater level effectiveness of more complex investigations over the past year compared to previous years. This has been demonstrated by the number of own motion investigations and systemic reviews my office has completed over the past year. In light of this trend, I conducted a review of my office, particularly focusing on structure, resources and processes, with a view to streamlining my operations as much as is possible. I will report on the outcomes in my next annual report. 13 Own motion investigations A further trend is the number of whistleblowers from within the Victorian public service at a senior level making PIDs. Some of these have led to significant findings. My office continues to focus on own motion and systemic reviews, with a view to improving public administration overall. When I believe that it is in the public interest to do so I report to As foreshadowed in my last report I intend to undertake a review of the operation of the Parliament on such issues. Whistleblowers Protection Act in the light of experience gained to date. My experience, together with public bodies that have been involved in responding to PIDs, will provide a Over the past year I made four such reports: basis for dealing with some of the difficulties encountered in the workings of the legislation. – June 2006—Review of the Freedom of Information Act Good Practice Guide – April 2006—Investigation into parking infringement notices issued by Melbourne City Council In 2005 I began a project to assess individual departmental complaint-handling mechanisms – March 2006—Improving responses to allegations involving sexual assault against the Australian Standard. The first investigation was into complaint-handling by the Department of Education and Training (DET). In conjunction with this project, I decided to – December 2005—Investigation into the handling, storage and transfer of prisoner property in assist improvement in internal complaint-handling by providing a practical guide for all Victorian prisons government agencies. I also conducted a number of other major investigations which, while not public reports, I launched the Good Practice Guide on 5 May 2006. It was developed in consultation with consumed significant resources and gained substantial improvements to agency practices. eight public sector agencies. Guidelines from Victorian agencies, other state Ombudsmen and the Australian Standard for complaint management were used in its development. Not an advocate The Ombudsmen Victoria (OV) guide is not protected by copyright and may be downloaded and customised to suit each agency. It may be found on the OV website. Increasingly I find I need to remind complainants that I am neither their advocate nor an apologist for the government agency complained about. My office is not a substitute for the courts or for New jurisdictions the Victorian Civil and Administrative Tribunal. Rather, my role is to independently investigate complaints about the administrative actions of departments and agencies. As an officer of My office has been given new jurisdictions during the year. Amendments to the Accident Parliament, I answer direct to Parliament for my actions. Compensation Act 1985 and Transport Accident Act 1986 extended my jurisdiction to include WorkCover agents and self-insurers. In December 2005 the Ombudsman Act was amended to There are times when I am not able to meet a complainant’s expectations. This is unfortunately a provide an audit function over inspectors under the Domestic (Feral and Nuisance Animals) Act. fact of life. Complainants may have unrealistic expectations. Not all complaints have achievable The Terrorism (Community Protection)(Amendment) Act 2005 gives me the power to receive and outcomes. However, I remain committed to the impartial and independent investigation of investigate complaints from persons detained under anti-terrorism legislation.