CHAPTER 9 | challenges in complaint handling

Other projects for 2004–05

In addition to the projects described earlier in this chapter, some other areas have been singled out for special project work in 2004–05.

Outreach

It is important that the Ombudsman's office reaches all Australians. Theoretically this is possible, since most complaints come via telephone, the internet and mail. However, it is a matter of concern whether the office is well known to all Australians. Our belief is that it is necessary for the office to travel beyond capital cities—partly to develop its profile, but also to speak to community gatekeepers (such as community organisations and parliamentary electorate offices). We sought and were granted extra funding in the 2004–05 Budget for an outreach program and will appoint an Outreach Manager. Plans are being developed in each office for outreach projects.

Online complaint lodgment

We already have a facility for online complaint lodgment, but feel that it is under utilised. We will be revising our website and complaints form to make electronic access to our services more effective. This will be done in two ways: by linking the Ombudsman's website to the complaint-handling mechanisms in other agencies, and by improving the information provided to the public to facilitate lodgment of complaints.

Persistent complainants

An issue faced by many complaint-handling agencies is that some complainants are unrelenting in not accepting the decision made by the agency. It is proper that decisions made by the office should be open to question and review, but in a small number of cases the complainants are persistent and inflexible beyond any reasonable limit. This can be a great drain on the resources of the office, and can lead to the paradox that the person's original complaint becomes transformed into a complaint directed at the complaint-handling agency. We commissioned a study on the issue of persistent complainants during 2003–04. In 2004–05, we will consider how to address the issue.

Legislation review

The statute establishing the office of Ombudsman also prescribes the framework for administrative investigation. Early in the life of the office it was found that some features of the Ombudsman Act impede rather than facilitate efficient investigation. For example, in 1983 the Act was amended to provide that complaints could be received orally as well as in writing, and to authorise the Ombudsman to conduct preliminary inquiries of an agency before deciding whether to conduct a formal investigation. It is now considered time for a further review of the Ombudsman Act, to ensure that the Act better reflects the more flexible and informal way that many complaints and inquiries to the office are handled and resolved. The Prime Minister indicated his agreement in 2003 to a project to prepare a proposal for a revised Ombudsman Act for consideration by the government. This project is currently underway.