Crime and Public Integrity Policy Committee: Ombudsman Inquiry

The Hon. J.E. HANSON (17:04): I move:

That the report of the committee, on its inquiry into the performance of functions and exercise of powers by the Ombudsman, be noted.

Pursuant to section 15O(1)(d) of the Parliamentary Committees Act the Crime and Public Integrity Policy Committee must inquire into and consider the performance of functions and exercise of powers by the Ombudsman under the Ombudsman Act or any other act. On 16 February 2024, therefore, the committee resolved to commence the inquiry. Its terms of reference implemented section 15O(1)(d) of the Parliamentary Committees Act.

The Ombudsman Act establishes the office of the Ombudsman, referred to publicly as Ombudsman SA, and confers the Ombudsman's functions and powers. 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 conferred with 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 Ombudsman 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 Ombudsman Act included the following:

the definition of misconduct in public administration as amended pursuant to the enactment of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 or the CPIPC recommendations thereto;

provisions recognising the operation of parliamentary privilege;

provisions providing for assessment of public 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 on 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 was deleted pursuant to enactment of our recommendations previous, which refers to matters that the Ombudsman may find as a result of an investigation;

the operation of provisions conferring authority on the Ombudsman to report and therefore perform 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 any 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 and/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.

A number of submissions also referred to the recommendation 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 to 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 mechanisms.

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 CPIPC supported such initiatives; however, the first recommendation is with respect to the concerns regarding the resources available to the Ombudsman to perform functions and exercise powers in accordance with the Ombudsman Act. It appeared important to the committee that available resources are subject to immediate review.

The committee noted that on 15 October 2024, the inspector's 2023-24 annual report was tabled in each house of parliament. The acting inspector, acting at that time, 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 the employees of the Ombudsman. Thankfully, they were not migrating anywhere. The key issues raised in the submissions and evidence are discussed at section 3 of the report, which I know all members will certainly avail themselves of. Proposals to amend the Ombudsman Act are discussed at section 4 of the report. The committee's findings and recommendations conclude the report generally.

In conclusion to my speech here, the committee 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 think the length of it and certainly the events surrounding us getting it moving to begin with were really assisted by having two officers to conduct inquiries. Certainly, as a long-term member of this committee and a long-term Chair—I can see other Chairs of this committee in this room here today—it has been really great to have both a secretary and a research officer. I think it has really made the committee function quite some amount better.

I would also like to thank other members of the committee for their contributions to the inquiry, firstly other members of the council, the Hon. Frank Pangallo and the Hon. Laura Henderson, and then from the other place the member for Heysen, Josh Teague; the member for Davenport, Erin Thompson; and the member for Playford, John Fulbrook. I would also like to acknowledge the former member of the committee, the member for Elizabeth, Lee Odenwalder. I commend the report to all members of this council, and I look forward to many debates on its content with you all in the members' bar over the years.

Debate adjourned on motion of Hon. D.G.E. Hood.