CHAPTER 9Problem areas in government decision making

Introduction

A feature of the Ombudsman's previous two annual reports has been a chapter of the same title, looking at general problem areas that were identified during the investigation of individual complaints. This is an exercise, in a sense, in joining the dots. A problem faced by a person in one area of government can be common to several agencies.

Some recent projects in the Ombudsman's office that are described in other chapters—the adoption of a new complaints management system and a new work practice manual, and the creation of the Public Contact Team—were designed to harness the ability of the office to identify general problems and cross-agency issues.

Among the problem areas discussed in previous annual reports were record keeping; the accuracy and quality of agency advice, especially oral advice; the need for 'hardship' provisions and 'safety net discretions' in complex statutory entitlement schemes; oversight of decisions made under non-statutory schemes; unexpected problems that can arise in automated decision-making schemes; and people falling through the cracks (or over the edge) of government programs.

This year we look at a different selection of general administrative problems. The problems were not necessarily caused by government agencies, or even a consequence of sloppy administration. Mostly they stemmed from the sheer complexity of legislation and administrative schemes, especially when applied to the different circumstances of thousands of government clients. The changing face of government, as programs and structures evolve to deal with new social challenges, also give rise to unexpected problems. Sometimes government agencies are slow to adapt to unanticipated issues, do not communicate effectively with clients, or fail to recognise the administrative burden that government requirements can impose on people.

'The problems ... mostly stemmed from the sheer complexity of legislation and administrative schemes ...'

The diversity of problems and causes illustrates the challenge faced by government, and taken up by the Ombudsman's office, in identifying the problems that people encounter in their dealings with government.