Chapter 4
Management and accountability
External scrutiny
Privacy legislation
The office is subject to the Privacy Act 1988 and we comply strictly with our responsibilities under that Act. We provide information required for the Personal Information Digest. The Privacy Commissioner did not issue any report or make any adverse comment about the office during 2008–09.
The office participated in the survey conducted by the office of the Privacy Commissioner on portable storage devices and personal information handling in March 2009. A public sector information sheet was developed following the survey, which the office has used to review and update our policies and procedures that apply to the secure use and transfer of information.
Australian Human Rights Commission
The office was not subject to any investigation or report by the Australian Human Rights Commission in 2008–09. The office recognises and respects human rights and anti–discrimination values in all aspects of its work.
Litigation and legal issues
The office was the respondent in two matters brought in the Federal Magistrates Court by the same applicant. One matter was dismissed and the other matter had not been decided by the end of 2008–09.
The office was the respondent in the Administrative Appeals Tribunal in five matters. In the four matters decided by the end of 2008–09, the Tribunal considered it had no jurisdiction to hear two matters, one application was dismissed, and in the other matter the Tribunal determined that additional parts of a document should be released to a person under the Freedom of Information Act 1982.
The Ombudsman and staff enjoy a qualified immunity from suit in relation to things done in good faith in the course of their work. They are not compellable to disclose in proceedings information they acquire in the course of their employment. We customarily rely on that non–compellability when we receive summonses or subpoenas in a matter to which we are not a party.
Reports by the Auditor–General and Parliamentary committee inquiries
There were no reports specific to the operation of the Ombudsman's office by the Auditor–General or by Parliamentary committees. Our Internal Audit Committee examines all reports by the Auditor–General that may be relevant to the office (for example, 2008–09 Audit Report No. 37 Online Availability of Government Entities' Documents Tabled in the Australian Parliament) to identify any requirements for improvements in office procedures.
Top
