All Investigation Reports

Ombudsman role: All - Department of Human Services - Department of Social Services - Department of the Prime Minister and Cabinet - Department of Health - National Disability Insurance - Department of Jobs and Small Business - Indigenous Australians - Immigration - Defence Force - Postal Industry - Overseas Students - VET Student Loans - Private Health Insurance - Commonwealth Ombudsman - International Program

2012

• April 2012: DIAC detention arrangements - follow up on recommendations
  Commonwealth Ombudsman: Follow up on recommendations made in report into the transfer of 22 detainees from Villawood IDC to the Metropolitan Remand and Reception Centre Silverwater
• April 2012: Department of Agriculture, Fisheries and Forestry
  Commonwealth Ombudsman: Report on reviews of investigations conducted by DAFF Biosecurity’s I&E Program
• 2012 State of the Health Funds Report
  Private Health Insurance: Provides comparative information on the performance and service delivery of health funds

2011

• July 2011: DEEWR - Administration of the National School Chaplaincy Program
  Commonwealth Ombudsman: A Commonwealth Ombudsman’s report has found the Department of Education, Employment and Workplace Relations needs to improve how it runs the National School Chaplaincy Program.
  Releasing the findings of his investigation into the Department’s administration of the Chaplaincy Program, Ombudsman Allan Asher pointed out that although the program may be complex to administer, the Department must improve its management and oversight of the program.
• June 2011: Monitoring closing the gap programs in the Northern Territory
  Commonwealth Ombudsman; Indigenous: The Ombudsman's office has provided independent oversight for the NTER and other Indigenous programs in the Northern Territory since 2007. This report provides examples of where the office identified problems and obtained remedies for those affected.
• April 2011: Talking in Language: Indigenous language interpreters and government communication
  Commonwealth Ombudsman; Indigenous: Complaints to the Ombudsman’s office – as well as the observations and experience of this office during outreach visits to remote NT communities – indicate that Indigenous language interpreters are not always used when they should be. They can also be difficult to obtain. As a result the Ombudsman commenced an own motion investigation to examine six agencies’ awareness of the need to make use of Indigenous language interpreters
• March 2011: Centrelink: Right to review–having choices, making choices
  Commonwealth Ombudsman: A Commonwealth Ombudsman’s report has identified ‘systemic weaknesses’ in Centrelink’s review processes, including lack of transparency and insufficient education about available options to customers, often leading to delays and inaction – and that the complexity of Centrelink’s review model contributes to administrative drift and breakdown.
• Feb 2011: DIAC - Proper processing for challenging a tribunal decision
  Commonwealth Ombudsman: A refusal to grant a partner visa by the Department of Immigration and Citizenship has been overturned following an Ombudsman investigation. The resulting report examines what it calls a ‘flawed decision’ from DIAC to refuse a visa application which contradicted a Migration Review Tribunal ruling stating that relationship requirements had been met. We found that a policy intended to benefit those in long term relationships had been misapplied and there’d been a protracted delay in implementing a Migration Review Tribunal decision
• Feb 2011: Christmas Island immigration detention facilities
  Commonwealth Ombudsman: There are too many people being detained at the Christmas Island immigration detention facilities and the current scale of operations on the geographically remote island are not sustainable. This is the underlying message in the Commonwealth Ombudsman’s report based on observations during two years of periodic inspection visits, examination by this office of the Refugee Status Assessment (RSA) processes and investigation of complaints received from detainees on Christmas Island. When Ombudsman staff first visited the Christmas Island immigration detention facilities in October 2008, 32 people were detained there out of a nominal operational capacity of 744. By the time this report was finalised and eight Ombudsman inspection visits later, the Department of Immigration and Citizenship (DIAC) advised there were some 2757 people awaiting processing of claims, two thousand more than the facilities were designed to accommodate. This is being managed through measures such as the use of marquee dormitories to increase ‘contingency accommodation capacity’ up to 2584 beds.
• Jan 2011: DAFF Biosecurity Services Group: Compliance and investigations activities of the Biosecurity Services Group
  Commonwealth Ombudsman: The report examines the activities of the Biosecurity Services Group of DAFF, and in particular, assesses whether investigations have been conducted appropriately in NSW
• 2011 State of the Health Funds Report
  Private Health Insurance: Provides comparative information on the performance and service delivery of health funds

2010

• Dec 2010: Administration of funding agreements with regional and remote indigenous organisations—16|2010
  Commonwealth Ombudsman; Indigenous: 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.
• Dec 2010: Australian Customs and Border Protection Service: Administration of coercive powers in passenger processing—15|2010
  Commonwealth Ombudsman: 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.
• Dec 2010: Monitoring closing the gap programs in the Northern Territory
  Commonwealth Ombudsman; Indigenous: The Ombudsman's office has provided independent oversight for the NTER and other Indigenous programs in the Northern Territory since 2007. This report provides examples of where the office identified problems and obtained remedies for those affected.
• Nov 2010: Department of Human Services, Child Support Agency: Unreasonable Customer Conduct and ‘Write Only’ policy, November 2010—14|2010
  Commonwealth Ombudsman: 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.
• Nov 2010: Improving the services of the Commonwealth Ombudsman to Australia’s Indigenous peoples
  Commonwealth Ombudsman; Indigenous: Research for the Commonwealth Ombudsman was undertaken in six locations across Australia, during late August and early September 2010, to investigate ways to improve that organisation’s services to Aboriginal and Torres Strait Islander people.
• Sept 2010: — Falling through the cracks—Centrelink, DEEWR and FaHSCIA: Engaging with customers with a mental illness in the social security system - 13|2010
  Commonwealth Ombudsman: 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.
• Sep 2010: Australian Taxation Office: Resolving Tax File Number compromise - 12|2010
  Commonwealth Ombudsman; Taxation Ombudsman: 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
• Aug 2010: Department of Families, Housing, Community Services and Indigenous Affairs and Centrelink: Review rights for Income managed people in the Northern Territory - 10|2010
  Commonwealth Ombudsman; Indigenous: 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.
• Aug 2010: Child Support Agency, Department of Human Services: Investigation of a parent’s ‘capacity to pay’ - 11|2010
  Commonwealth Ombudsman: 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.
• June 2010: Fair Work Ombudsman: exercise of coercive information-gathering powers - 09|2010
  Commonwealth Ombudsman: 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.
• June 2010: Monitoring Closing the Gap Report
  Commonwealth Ombudsman; Indigenous: The Ombudsman's office has provided independent oversight for the NTER and other Indigenous programs in the Northern Territory since 2007. This report provides examples of where the office identified problems and obtained remedies for those affected.
• June 2010: Monitoring closing the gap programs in the Northern Territory
  Commonwealth Ombudsman; Indigenous: The Ombudsman's office has provided independent oversight for the NTER and other Indigenous programs in the Northern Territory since 2007. This report provides examples of where the office identified problems and obtained remedies for those affected.
• June 2010: Australia Post and Department of Foreign Affairs and Trade: Passports lost in the mail - 08|2010
  Commonwealth Ombudsman; Postal Industry: 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.
• May 2010: Centrelink and Commonwealth Department of Public Prosecutions: Review of circumstances leading to a fraud conviction - 07|2010
  Commonwealth Ombudsman: 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.
• Apr 2010: Indigenous Business Australia: Investigation of a complaint about business loan management - 06|2010
  Commonwealth Ombudsman; Indigenous: Report on the IBA’s assessment and management of business loans.
• Apr 2010: Department of Innovation, Industry, Science and Research: Administration of the Liquefied Petroleum Gas (LPG) vehicle scheme - 05|2010
  Commonwealth Ombudsman: 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.
• Mar 2010: Comcare and Department of Finance and Deregulation: Discretionary payments of compensation - 04|2010
  Commonwealth Ombudsman: 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.
• Mar 2010: Australia Post: ‘Safe Drop’ program—a review of the first year - 03|2010
  Commonwealth Ombudsman; Postal Industry: The Postal Industry Ombudsman reviewed Australia Post’s ‘safe drop’ program for parcel delivery and discusses the observations and findings in this report
• Feb 2010: Australian Taxation Office: Use of ‘access without notice’ powers - 02|2010
  Commonwealth Ombudsman: 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.
• Feb 2010: Australia Post: Determining levels of compensation for loss or damage of postal items - 01|2010
  Commonwealth Ombudsman: 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.
• 2010 State of the Health Funds Report
  Private Health Insurance: Provides comparative information on the performance and service delivery of health funds

2009

• Dec 2009: Department of Finance and Deregulation: Processing of an FOI application - 20|2009
  Commonwealth Ombudsman: This report deals with an investigation into a complaint from a journalist about the Department of Finance and Deregulation (Finance) and their administration of the Freedom of Information Act 1982 (FOI Act).
• Dec 2009: Department of Agriculture, Fisheries and Forestry: Administration of various grant schemes - 19|2009
  Commonwealth Ombudsman: Between May and October 2008, the Ombudsman’s office received a number of complaints about three executive grant schemes: Murray-Darling Basin Irrigation Management Grant (IMG), Tobacco Grower Adjustment Assistance Package 2006 (TGAAP), and Exceptional Circumstances Exit Grant Package 2007 (Exit Grant). DAFF is responsible for developing the policy guidelines for these grant schemes.
• Dec 2009: Northern Territory Emergency Response (NTER): Department of Families, Housing, Community Services and Indigenous Affairs asbestos surveys: Communication issues
  Commonwealth Ombudsman; Indigenous: The Commonwealth Ombudsman’s office received two complaints about asbestos surveys, each from a different community. The first complaint was received in September 2008 and the second in March 2009. Both complaints expressed concerns about a lack of communication of the results of the asbestos surveys.
• Dec 2009: Australian Federal Police: Investigation of a complaint against a senior officer - 17|2009
  Commonwealth Ombudsman: This investigation was prompted by a review of a complaint against a senior officer in the Australian Federal Police (AFP) in which it was alleged that the officer misused their position in the AFP to send AFP officers to intervene on a relative’s behalf in a property dispute in the ACT.
• Dec 2009: Monitoring closing the gap programs in the Northern Territory
  Commonwealth Ombudsman; Indigenous: The Ombudsman's office has provided independent oversight for the NTER and other Indigenous programs in the Northern Territory since 2007. This report provides examples of where the office identified problems and obtained remedies for those affected.
• Nov 2009: Administration of the Economic Security Strategy Payment: An examination of the implementation, monitoring and review of the scheme - 16|2009
  Commonwealth Ombudsman: Report by the Ombudsman on the administration of the Economic Security Strategy Payment – an examination of the implementation, monitoring and review of the scheme.
  • Attachment C1, Attachment C2
  • Attachment D
  • Attachment E1, Attachment E2, Attachment E3
  • Attachment F1, Attachment F2, Attachment F3, Attachment F4, Attachment F5
  • Attachment G
  • Attachment H
• Oct 2009: Australian Crime Commission: Review of collection, storage and dissemination of information - 15|2009
  Commonwealth Ombudsman: Conflicting and out–of–date internal information policies, multiple databases with varying degrees of security and low staff morale increased the risk of confidential Australian Crime Commission (ACC) intelligence falling into the wrong hands, according to Commonwealth Ombudsman Professor John McMillan.
• Aug 2009: Australian Federal Police and the Child Support Agency, Department of Human Services: Caught between two agencies: the case of Mrs X - 14|2009
  Commonwealth Ombudsman: Few individual complaints that the Ombudsman investigates culminate in a formal report. Publication of a report can involve an unreasonable disclosure of personal information about the person who complained to us, or related third parties. However, the case of Mrs X holds lessons for all Commonwealth agencies that administer programs or deliver services in cooperation with other organisations. That explains the decision to publish this abridged report.

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