Commonwealth Ombudsman annual report 2004-2005
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Contentsright arrowChapter 5 How the Ombudsman helped peopleright arrowPrompting agency action

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In this chapter

 Introduction
 Added value through complaint referral and advice
 Working around a problem
 Working with members of parliament
 Conciliation and mediation of complaints
 Prompting agency action

References

List of tables
and figures
Abbreviations and acronyms
Compliance index

CHAPTER 5 how the ombudsman helped people

Prompting agency action

A common way the Ombudsman's office can help people is through prompting an agency to take the necessary action to resolve the complaint. Where an agency's complaint-handling system is highly responsive, this may only require bringing the complaint to the agency's attention. In other cases, we can provide suggestions as to how a matter might be addressed. We may also be able to provide an agency with more information, or information in a more useful format than the complainant is able to provide, enabling their matter to be dealt with appropriately.

The three case studies—Prompting an internal investigation, Encouraging direct contact and Compelling individual circumstances—illustrate a range of ways in which we have been able to prompt an agency to respond to a complainant's concerns. In the first case study, the agency commenced an internal investigation after our initial approach. In the next, we were able to facilitate more direct contact between an agency and a complainant. In the third case study, we were able to encourage an agency to focus on the particular and compelling individual circumstances of the complainant.

CASE STUDY

prompting an internal investigation

Ms A contacted our office alleging that a Royal Australian Air Force (RAAF) member had presented as evidence, in a private legal matter, a letter allegedly sent to Ms A by the Commanding Officer (CO) of the local RAAF unit. While Ms A had received a letter from the CO, the version she had received differed considerably from the one presented during the legal proceedings. Ms A was concerned that the RAAF member may have accessed documents that he was not authorised to access and used the document for a purpose other than that intended by the CO.

Following our contact with the Department of Defence, the CO agreed to initiate a formal internal investigation to determine how the version of the document had been accessed and whether or not security and privacy regulations had been breached. Ms A was satisfied that our involvement had resulted in an investigation being initiated.


CASE STUDY

encouraging direct contact

Mr H raised concerns about the counter service given by one Centrelink office. He claimed he had to stand in a queue for almost an hour before being served, and was concerned that Centrelink made no effort to put more staff on during a busy period.

Ombudsman staff raised Mr H's concerns with the relevant Centrelink office manager, who agreed to contact Mr H directly to discuss the matter. Mr H was satisfied with the action and clarification given by Centrelink.


CASE STUDY

compelling individual circumstances

Mr I ran a small business and relied on his wife to manage the financial aspects of the business. Unbeknown to Mr I, his wife was suffering from a deteriorating mental health condition and had allowed the business to get behind with its tax affairs. Mr I complained to the Ombudsman about the apparent decision of the Australian Taxation Office (ATO) to deny him release from his tax debts.

Following our inquiries and the provision of additional information, we suggested that given Mr I's compelling personal circumstances there might be scope for the ATO to take a more flexible approach. While release from the debt was still not an option, the ATO agreed to remit accumulated interest on Mr I's tax debts and negotiated a suitable repayment arrangement that took into account Mr I's capacity to repay the debt.