Commonwealth Ombudsman annual report 2007-2008
 Annual report home | Contents | Userguide | Download | Contact | Glossary
 Transmittal | Foreword | Ombudsman's review | Organisation | Performance | Management and accountability | Challenges | Promoting good administration | Looking at the agencies | Helping people, improving government | Lessons and insights for government
      Contentsright arrowFeaturesright arrowMaladministration or corruption?
Click to print this pageIncrease text sizeDecrease text size
       

In this section

 Feature 1 Thirty years of complaint handling—what have we learnt?
 Feature 2 Complaint handling in small and large agencies
 Feature 3 Transparency and accountability in e-government
 Feature 4 Dealing with complaints
 Feature 5 Public and private sector Ombudsmen
 Feature 6 Conducting investigations
 Feature 7 Maladministration or corruption?
 Feature 8 View from the bureaucracy

References

Features
Appendixes
List of tables
and figures
Glossary
Compliance index
Contacts
Maladministration or corruption?
30th Anniversary Seminar—August 2007 FEATURE

Photo: Scales of justice. Image courtesy of Griffith UniversityCorruption and maladministration both pose a threat to integrity in government, as noted by Mr Robert Needham, Chairperson of the Queensland Crime and Misconduct Commission. Investigation of corruption allegations and malpractice requires cooperation between Ombudsman offices and anti-corruption agencies: ‘It’s only through working together that both agencies can best utilise resources and powers’, he said.

Some issues may be appropriate for investigation by either body—‘a decision which advantages one party and disadvantages another’, or ‘a breach of the trust placed in [a] public official as the holder of a public office’. Investigation of some other issues may require the use of special investigation powers that are not held by an Ombudsman’s office, such as coercive hearings, search warrant powers or surveillance powers.

Alternatives to investigation and criminal prosecution need also to be considered. An example mentioned by Mr Needham was the appointment of a financial controller where financial malpractice in a local council is suspected but is difficult to prove.

Dr A J Brown of Griffith University Law School, looking at Commonwealth arrangements for investigation of corruption, noted that ‘The Ombudsman currently is the primary integrity pillar … the Commonwealth’s only true “general purpose” independent integrity agency’. He predicted that in coming years the Ombudsman’s role will be enhanced, but it ‘… won’t be alone as a pillar of the Commonwealth anti-corruption system’.

Dr Brown talked of how poor decisions, systems or leadership, a negative culture or lack of supervision can lead to a higher risk of corruption.