CHAPTER 1year in review

Developing role of the Ombudsman

The Ombudsman's office, though well established, is part of a system of government that is undergoing constant change. Some of those changes impact on the work of the Ombudsman, requiring the office to reflect on its role in government. Several aspects of change arose in 2004–05.

Review of Commonwealth Ombudsman legislation

A review of the legislation establishing the office of the Commonwealth Ombudsman commenced in 2003–04 and continued during 2004–05. The review aims to improve and modernise the legislative framework, with a view to putting proposals to government for the enactment of a new Ombudsman Act.

It is not proposed to change the role of the Ombudsman. Two specific issues being addressed in the review are, first, to extend the jurisdiction of the Ombudsman, in line with an earlier government announcement, to cover the actions of certain Australian Government contractors; and, second, to bring the AFP jurisdiction under the Ombudsman Act, with provisions to take account of special issues that arise in external oversight and accountability of police actions.

New immigration function

In June 2005, Parliament enacted amendments to the Migration Act 1958. These changes give the Ombudsman a statutory role in reviewing the cases of detainees who have been held in immigration detention for more than two years (cumulative), with follow-up reviews every six months if the person remains in detention. This statutory monitoring role will substantially enhance our capacity to oversight the administration of important and sensitive legislation that can have a major impact on people's lives.

Shortly after the end of the reporting year, in July 2005, a report from an independent inquiry conducted by Mr Mick Palmer into the immigration detention of Ms Cornelia Rau was followed by an intense public and political focus on immigration issues. Arising from this report, the government proposed enhancing the role of the Commonwealth Ombudsman in immigration matters by designating the office as the Immigration Ombudsman and providing additional funding. The development of these new functions will be reported on in our 2005–06 annual report.

Postal Industry Ombudsman

Legislation to create a separate office of Postal Industry Ombudsman (PIO) was introduced into Parliament in August 2004. Under the proposed legislation, the Commonwealth Ombudsman will undertake the role of PIO. The jurisdiction of the PIO will extend to private sector postal operators who register to participate in the scheme. The PIO will have the normal powers of an ombudsman to require information or documents and to publish findings. The PIO will be required to observe procedural fairness in investigations.

It is anticipated that Parliament will further debate the Bill during 2005–06. Pending enactment of the legislation, we have been working on establishing a framework of operations for the Postal Industry Ombudsman scheme.

Norfolk Island Ombudsman

In December 2003, a Joint Standing Committee report on Norfolk Island governance proposed that Norfolk Island should establish an office of Ombudsman. It was proposed that the Commonwealth Ombudsman take on the role, under an arrangement similar to that with the Australian Capital Territory Government. To explore the committee's recommendation, the Ombudsman visited Norfolk Island early in 2004 and held discussions with the Legislative Assembly, officers of the Executive Government, and the Administrator. A further visit by a representative of the Ombudsman was undertaken in late 2004, to discuss the arrangements that could be made for handling complaints from Norfolk Island residents.