Commonwealth Ombudsman annual report 2005-2006
 Annual report home | Contents | Userguide | Download | Contact | Glossary
 Transmittal | Foreword | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | Features | Appendixes | References
     

Contentsright arrowChapter 8 How the Ombudsman helped peopleright arrowPinpointing the issue in dispute

Click to print this pageIncrease text sizeDecrease text size
       

In this chapter

 Introduction
 Pinpointing the issue in dispute
 Dealing with urgent and pressing issues
 Detoxifying the relationship
 Placing an item on the legislative or policy agenda
 Surmounting barriers

References

List of tables
and figures
Glossary
Compliance index
Contacts

CHAPTER 8 How the Ombudsman helped people

Pinpointing the issue in dispute

There can be multiple elements in a single administrative decision. When a person is told by an agency that an adverse decision has been made, it can be important for the person to know if the decision turned on one particular issue. This will help them better understand the decision and query or challenge it in a constructive manner.

We are often able to help people penetrate the complexity of decisions and identify the core issues. Often an agency gives us a fuller explanation for its decision than it gave the complainant; that enables us to explain the decision more effectively to the complainant. This clarification can assist a person to understand or revisit a decision, as shown in the Insufficient reasons case study.

CASE STUDY

Insufficient reasons

The Trade Recognition Authority (TRA) refused Ms A's application to have her trade qualifications recognised on the basis that she had not provided some relevant employment records. Ms A requested a review and pointed out that she had provided the relevant records. Her review was not successful. Reasons were not given in the review notification letter from the TRA.

The TRA's response to our enquiries was significantly more detailed than that provided to Ms A. The TRA told us that Ms A's employment records did not include the dates on which she commenced and finished employment; and the area of work for which she was seeking trade qualification recognition was categorised differently in Australia than in her country of origin. Had Ms A been given this information when her application was initially refused, she would have been in a position to reapply and supply that information.

The TRA conceded that Ms A may have been disadvantaged in seeking a review because of the lack of detail in the original reasons and agreed to reconsider the application and any additional supporting documents. The matter was decided in Ms A's favour and her professional qualifications were recognised.

Even when a person can identify the issue that concerns them, they are often unaware of the range of services offered by an agency that may help them resolve that issue. We can help by making people aware of their options and providing advice about the best course of action, as the Various options case study.

'We can help by making people aware of their options ...'

CASE STUDY

Various options

Ms B complained to our office when she had difficulty meeting her tax debt due to personal and financial circumstances. We advised Ms B about the range of options available to her, and suggested that she consider seeking a review of the debt and suspension of the general interest charge. We also advised Ms B that the Australian Taxation Office sometimes gives full or partial relief from tax debts on the grounds of serious hardship, and told her where to obtain a debt relief application form. Finally, we suggested Ms B consider obtaining professional advice on debt and financial management.