Investigation reports 2010
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Complex reporting requirements for grants increase the risk that some Indigenous organisations will fail even when programs are being delivered successfully. The Ombudsman’s report is on the administration of funding agreements with Indigenous organisations in remote and regional Australia. The report details five principles for the effective administration these types of agreements which address training, simplifying reporting regimes, planning for the longer term, resolving disputes, giving clear explanations of funding conditions and communicating better. The report also recommends that the Office for the Arts refer the report to the independent review panel currently undertaking a national review of the Indigenous broadcasting and media sector. The Office for the Arts acknowledged the principles and accepted the recommendation.
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The Ombudsman today released a report on the administration of coercive powers at Australian international airports by the Australian Customs and Border Protection Service (Customs). Using the Administrative Review Council’s best practice principles as a guide, the investigation considered how Customs officers exercise the powers to question passengers, to examine goods in their possession and to copy documents. Our investigation has identified that Customs’ policies and training are generally consistent with legislation and principles of good administration. However, we made recommendations for improvement in relation to: the relevance of questions asked and documents copied, the timeliness of return of items after forensic examination, record keeping and publication of information about the powers used by Customs. Customs accepted fully seven out of the 10 recommendations, partially accepted two other recommendations and rejected one.
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Unreasonable or difficult behaviour should not mean inadequate service from government agencies. The report examines the Child Support Agency’s ‘write only’ policy which restricts certain customers to written contact only, as a result of ‘unreasonable behaviour’, which might include threats or abuse or unnecessary persistence. The Commonwealth Ombudsman urges all agencies to develop a consistent approach in managing unreasonable customer conduct.
The CSA accepted all 11 recommendations from the Commonwealth Ombudsman’s report and started implementing new procedures in September 2010. It also agreed to review every case where it has imposed service restrictions disallowing customer contact in person or by telephone. The Ombudsman praised the CSA’s responsiveness to the report and its commitment to fair and accountable administration. The Ombudsman will review the effectiveness of the CSA’s ‘write only’ system in six months.
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The Ombudsman’s report, Falling through the cracks examines the difficulties people with a mental illness have when they interact with our social security system. In particular it examines interactions with Centrelink, DEEWR and FaHCSIA. It makes 11 recommendations to improve policy and procedures.
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The Ombudsman’s report expresses concerns about how the Australian Tax Office has handled complaints about compromised Tax File Numbers (TFNs). It examines eight case studies where taxpayers’ TFNs had been compromised or incorrectly linked to another person’s TFN.
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The report looks into the CSA’s power to go beyond a parent’s taxable income to assess child support obligations. The CSA does this through its ‘Capacity to pay’ (CTP) investigations which typically target parents who are self-employed or run a business through a corporate structure. The even-handedness of Child Support Agency (CSA) investigations into whether parents are paying and receiving the right amount, according to this report must target both the paying and receiving parents in a fair and even handed manner.
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The report concerns an investigation into a failure to provide rights of review to the Social Security Appeals Tribunal (SSAT) and Administrative Appeals Tribunal for individuals subject to Income Management as part of the government’s intervention in the Northern Territory. It was prompted by a complaint from a husband and wife who sought exemption from the scheme and were unable to access rights of review.
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The Commonwealth Ombudsman’s office has an interest in the exercise of powers that can have an impact on the rights of the public, and the Office of the Fair Work Ombudsman has certain powers that allow it to obtain information and documents when investigating employers or employees for compliance with the Fair Work Act 2009. We reviewed the Fair Work Ombudsman’s internal processes for use of its coercive information-gathering powers during an investigation, the outcomes of which are discussed in this report.
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Following an increase in complaints about passports going missing in the post, the Ombudsman decided to investigate how Australia Post deals with complaints about lost passports, what postal services were used by passport holders and the compensation arrangements available. This report sets out the Ombudsman’s findings and the recommendations made to Australia Post and DFAT to reduce the risks associated with sending passports through the post.
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The report concerns the investigation of a complaint by a Disability Support Pension applicant who was convicted of fraud on the basis of her failure to declare earnings.
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Report on the IBA’s assessment and management of business loans.
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Report on the Ombudsman’s investigation into DIISR’s administration of the LPG vehicle scheme, which provides grants to vehicle owners to encourage using LPG as an alternative transport fuel.
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Report on the Ombudsman’s investigation into Comcare’s miscalculation of workers compensation payments to two individuals and the lack of appropriate means to redress the subsequent shortfall.
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Australia Post: ‘Safe Drop’ program—a review of the first year, March 2010—03|2010 (399.5KB)
The Postal Industry Ombudsman reviewed Australia Post’s ‘safe drop’ program for parcel delivery and discusses the observations and findings in this report.
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Australian Taxation Office: Use of ‘access without notice’ powers, February 2010—02|2010 (560.9KB)
This report discusses the observations and findings of the Ombudsman’s own motion investigation into the ATO’s exercise of its powers to access premises without prior notice.
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Australia Post has rejected a Postal Industry Ombudsman (PIO) recommendation to review the level of compensation payable to customers whose mail has been lost or damaged, even though the dollar figure is the same as it was 22 years ago.