Crime and Public Integrity Policy Committee: Ombudsman Inquiry

Ms THOMPSON (Davenport) (11:39): I move:

That the eighth report of the committee, entitled Inquiry into the Performance of Functions and Exercise of Powers by the Ombudsman, be noted.

On 16 February 2024, the Crime and Public Integrity Policy Committee resolved to commence an inquiry, which it is required to do, to consider the performance of functions and exercise of powers by the Ombudsman under the act. Primary functions of the Ombudsman include:

the receipt, assessment and investigation of complaints made or referred to the Ombudsman about public administration;

the receipt, assessment and investigation of reports made or referred to the Ombudsman about potential matters of misconduct or maladministration in public administration;

assisting agencies to identify and deal with inappropriate or improper administrative acts;

to give directions or guidance to public authorities in dealing with misconduct and maladministration in public administration, as the Ombudsman considers appropriate;

evaluating the practices, policies and procedures of public authorities, with a view to advancing comprehensive and effective systems for preventing or minimising misconduct and maladministration in public administration; and

conducting or facilitating the conduct of educational programs, or the publication or distribution of educational materials that are designed to prevent or minimise misconduct and maladministration in public administration.

The Ombudsman also performs functions conferred by other acts which include the Freedom of Information Act, Return to Work Act, Public Interest Disclosure Act, Criminal Law (Forensic Procedures) Act, Local Government Act, Ageing and Adult Safeguarding Act, Health and Community Services Complaints Act, Children and Young People (Oversight and Advocacy Bodies) Act, and the Child Sex Offenders Registration Act. For the purposes of an investigation, the Ombudsman is granted the powers of a commission as defined in the Royal Commissions Act 1917.

The submissions and evidence received by the inquiry addressed a number of issues, including:

the need for review of the resources available to the Ombudsman to provide for the performance of functions and exercise of powers;

a proposal to subsume the functions of the Office for Public Integrity (OPI) into the office of the Ombudsman;

the impact of the performance of the Ombudsman's functions and exercise of powers in respect of the local government sector; and

the impact of the performance of Ombudsman functions and exercise of powers in respect of the care and protection of children and young people, particularly regarding foster and kinship carers.

Proposals to amend the act included the following:

the definition of misconduct in public administration (amended in accordance with the enactment of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021;

provisions recognising the operation of parliamentary privilege;

provisions providing for assessment of complaints and their purpose;

provisions providing for directions or guidelines to be issued, requiring public authorities or officers to report a reasonable suspicion of misconduct or maladministration in public administration;

provisions conferring investigation powers in the Ombudsman directly, without reference to the Royal Commissions Act;

to clarify the operation of the secrecy provisions in respect of legal advice received by public authorities;

to reinstate section 25(1) which refers to the matters that the Ombudsman may find as a result of an investigation;

the operation of provisions conferring authority in the Ombudsman to report on a failure to give effect to an Ombudsman recommendation;

the basis upon which the Ombudsman may refer a matter involving misconduct or maladministration in public administration to a public authority;

the basis upon which reviews may be undertaken by the Inspector of the Independent Commission Against Corruption, Ombudsman and the Office for Public Integrity;

the operation of confidentiality provisions;

to require that a public authority must provide the Ombudsman with any assistance necessary to undertake an evaluation of the authority's practices, policies or procedures; and

to clarify the scope of reviews that may be undertaken by the Ombudsman in respect of agencies providing services in the realm of the care and protection of children and young people.

That was about the most times I have said 'Ombudsman' in one day.

A number of submissions also referred to the recommendations of the report of the Independent Inquiry into Foster and Kinship Care, published in November 2022. The report, prepared by Dr Fiona Arney, recommended the establishment of an external independent quality assurance unit which would respond to complaints in respect of the Department for Child Protection that allege bullying, discrimination, harassment or other matters that cannot be reviewed through the presently available external complaints mechanism.

The Ombudsman highlighted a number of changes to the practices of the Ombudsman's office, including the implementation of conciliation and increased use of negotiated settlement to expedite the resolution of matters. The committee supported such initiatives; however, its first recommendation has been with respect to concerns regarding the resources available to the Ombudsman to perform functions and exercise powers in accordance with the Ombudsman Act.

The committee also noted that the Inspector's 2023-24 annual report was tabled in each house of parliament. The Acting Inspector reported satisfaction that the Ombudsman's practices and procedures were, on the whole, effective and efficient during the reporting period. The Inspector was satisfied that the Ombudsman's functions were carried out in a manner likely to assist the proper exercise of administrative powers in the state and that the powers of the Ombudsman were, on the whole, exercised in an appropriate manner during the reporting period. The Inspector found no evidence of undue prejudice being caused to the reputation of any person by the Ombudsman or employees of the Ombudsman.

The key issues raised in the submissions and evidence are discussed at section 3 of the report. Proposals to amend the Ombudsman Act are discussed at section 4 of the report. The committee's findings and recommendations conclude the report.

On behalf of the committee, I would like to thank its recently appointed secretary, Shannon Riggs, and its research officer, Ben Cranwell, each of whom very ably supported the conduct of this inquiry. I would also like to thank the other members of the committee for their contributions to the inquiry: firstly, the Presiding Member, the Hon. Justin Hanson; secondly, the other members of the house—the member for Heysen, the member for Playford and former committee member, the member for Elizabeth—and, finally, from the other place I also note the contributions of the Hon. Frank Pangallo and the Hon. Laura Henderson. I commend this report to the house.

Motion carried.