Chapter 8 Ombudsmen—200 years of service

Ombudsman model

By 2009, 200 years after the first modern ombudsman function was established, there were more than 140 statutory ombudsman offices at the national/sub–national level with oversight of public authorities.

The International Ombudsman Institute (IOI), a worldwide organisation of parliamentary ombudsman offices, sets the following criteria for a public institution to be eligible to be an institutional member of the organisation:

it is created by enactment of a legislative body whether or not it is also provided for in a constitution
its role is to protect any person or body of persons against maladministration, violation of rights, unfairness, abuse, corruption, or any injustice caused by a public authority
it does not receive any direction from any public authority which would compromise its independence and performs its functions independently of any public authority over which jurisdiction is held
it has the necessary powers to investigate complaints by any person or body of persons who considers that an act done or omitted, or any decision, advice or recommendation made by any public authority within its jurisdiction has resulted in maladministration, illegality, corruption or injustice
it has the power to make recommendations in order to remedy or to prevent such conduct and, where appropriate, to propose administrative or legislative reforms for better governance
it is held accountable by reporting publicly to the Legislature or other appropriate authority
its jurisdiction is national, regional or local
its jurisdiction applies to public authorities generally or is limited to one or several public authorities, or to one or several public sectors
the Ombudsman (or similar officer) is appointed or elected, according to the relevant legislative enactment, for a defined period and can only be dismissed, for cause, by the legitimate and competent authorities.²

There is wide variety in the functions, roles and responsibilities of public sector ombudsman offices.

In some countries the ombudsman office plays a strong role in the protection of human rights, while in other countries, such as Australia, a separate body (the Australian Human Rights Commission) performs that role.

There is also wide variation in the jurisdiction of ombudsmen. Some of the main areas of difference are whether the ombudsman has jurisdiction over the courts, the police or the military. In addition, some ombudsman offices have special functions, such as the investigation of corruption. In Papua New Guinea, for example, the Ombudsman Commission is responsible for supervising the enforcement of the Leadership Code. This code applies to senior elected and public officials, and prohibits conflict of interest, use of a public office for private gain, and other similar behaviour.