Chapter 5
Engagement
Review and research bodies
Legislative review
In March 2008 the Attorney–General appointed the Ombudsman to be a member of a committee to review the Legislative Instruments Act 2003. The other members of the committee were Mr Ian Govey and Mr Tony Blunn AO. The committee consulted with a wide range of stakeholders and reported to the Attorney–General in March 2009.
Administrative Review Council
The Ombudsman is an ex officio member of the council, established by the Administrative Appeals Tribunal Act 1975 Part V. The council provides advice to the government on administrative law issues and reform. During the year the Ombudsman was a member of the sub–committee responsible for a review of administrative decisions in areas of complex and specific business regulation. The council released the report of the review in November 2008. The work of the council is covered more fully in its annual report.
Australian Law Reform Commission
In September 2008 the Ombudsman was invited to be a member of the advisory committee to the inquiry by the Australian Law Reform Commission Review of secrecy laws. The inquiry is looking at options for ensuring a consistent approach across government to the protection of Commonwealth information, balanced against the need to maintain an open and accountable government through providing appropriate access to information. The Commission must report to the Attorney–General by 31 October 2009.
Whistleblowing
From 2005 to 2008 the Ombudsman's office was a partner in an Australian Research Council–funded Linkage Project Whistling while they work. The project, led by Griffith University, involved six Australian universities and 14 partner organisations, including many Australian public sector management and integrity agencies, and international collaborators. A major report was released under the project in 2008—Whistleblowing in the Australian public sector: enhancing the theory and practice of internal witness management in public sector organisations (ed. AJ Brown, Australia and New Zealand School of Government, 2008).
The House of Representatives Standing Committee on Legal and Constitutional Affairs conducted an inquiry into a preferred model for legislation to protect public interest disclosures (whisteblowing) within the Australian Government public sector. It drew on the results of the Whistling while they work project, and the Ombudsman participated in a roundtable discussion convened by the committee. The committee reported in February 2009. It recommended that legislation be introduced to provide enhanced whistleblower protections, with a specific role for the Ombudsman in a range of matters such as dealing with disclosures and providing guidance and assistance to agencies. The Government has indicated that legislation will be developed in 2009–10.
Immigration detention project
During 2008–09 the office continued its involvement with Griffith University in a three–year project that commenced in 2007–08—Dilemmas in non–citizen detention and removal: an international comparative study. The project received funding from the Australian Research Council.
Human rights in closed environments
The office is participating in another Australian Research Council–funded Linkage Project, awarded to Monash University—Applying human rights in closed environments: a strategic framework for managing compliance. The project aims to facilitate the implementation of human rights in 'closed environments' such as prisons, forensic psychiatric institutions, mental health and disability facilities, community residential units and immigration detention centres. The project objectives include:
- assessing the readiness of 'closed environments' in Australia to incorporate and apply human rights obligations into their daily operations
- evaluating the likely impact of the human rights legislation on the functioning of closed environments
- developing practical strategies to facilitate compliance with human rights obligations in closed environments.
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