Commonwealth Ombudsman, Prof. John McMillan, is to undertake investigation of the 201 immigration detention matters identified by the Government.

Mr Mick Palmer and Mr Neil Comrie and their team have partially undertaken an investigation of some of those matters, including the case of Ms Vivian Alvarez Solon.

The Ombudsman announced that the Government has requested his office to continue the investigations under the Ombudsman Act 1976.

‘I welcome the Government’s request to take responsibility for this investigation. The role of the Ombudsman in relation to immigration detention matters has recently been enlarged by the Parliament, and this new responsibility sits appropriately with the Ombudsman’s developing role,’ Prof. McMillan said.

‘My office has considerable expertise developed over 28 years in conducting administrative investigations. We also have a national office infrastructure that enables effective investigation.’

The Ombudsman expects that the team led by Mr Neil Comrie will continue to play a major role under the authority of the Ombudsman Act in concluding the investigation into Ms Solon’s case.

Prof. McMillan observed that the investigation had reached an advanced stage, and that Mr Comrie and his team had developed considerable expertise and understanding of issues that are essential to the efficient conclusion of the investigation.

A team will be established within the Ombudsman’s office to work with Mr Comrie’s team and to continue the investigation into the other 200 matters that involve Australian citizens or other people lawfully in Australia who have been subject to detention or removal from Australia.

Prof. McMillan noted: ‘A team established within my office will decide on the scope of investigation for each case, prepare reports, and liaise with the Department and other interested parties.’

‘It may be that the investigation of all cases will take some time. With that in mind, my office will provide regular progress reports to the Department of Immigration and the Minister. I expect too that regular updates on the general progress of the investigations can be provided to the media.’

On the basis of his findings, the Ombudsman will recommend any system or process improvements, and if appropriate refer any matters to relevant authorities or agencies.

Confidentiality is a statutory requirement of the Ombudsman’s office. ‘Our policy is to investigate in private. While we sometimes make investigation findings public, we always endeavour to protect the confidentiality of individuals,’ Prof. McMillan said.

The Commonwealth Ombudsman has statutory powers similar to a Royal Commission. When conducting investigations he can:

• provide protection and immunity for witnesses
• require witnesses to attend and give evidence on oath
• protect witnesses against any civil or criminal liability resulting from any evidence given
• require the production of relevant documents from any person, and
• enter premises.

Although the Ombudsman has formal powers, the office seeks to conduct investigations as informally as possible.

The Ombudsman is answerable to Parliament for his findings. He has the power to reach a finding of defective administration in relation to agency action; to make a special report to the Prime Minister where an agency has failed to take adequate action to implement a recommendation of the Ombudsman; and to make a special report to Parliament.

Date of release: 14 July 2005