The importance of cooperation and objectivity in complaint handling, dispute resolution and decision making are emerging as key themes at the Commonwealth Ombudsman’s national Good > Better > Best – Changes in public integrity conference in Canberra.

In his keynote address last night, the Hon. John Clarke QC – speaking publicly for the first time about his inquiry into the case of Dr Mohamed Haneef – emphasised the need for people conducting investigations to step back when critical decisions are made.

‘Decision makers need to step back for some moments and reflect on what they’re going to do and consider if it’s right,’ Mr Clarke said. ‘Too many decision makers don’t do that and that’s why we get such a proliferation of mistakes.

‘In the Haneef case, the person making the decision got too close to the action and got suspicions which, frankly, weren’t justifiable suspicions. I know that he thought Haneef was guilty but that, in my view, is because he lost his objectivity.’

Mr Clarke highlighted the difficulty of conducting a public inquiry into a matter shrouded in the secrecy of national security.

‘I recognise that lawyers, judges, everyone who was involved in considering the Haneef case thought hearings in public are the holy grail, and I wanted to have a hearing in public, but I only got anywhere when I went to ground and did it privately,’ he said.

‘Also matters of national security should not be investigated by an investigator with no powers. It’s sheer luck if the investigator gets there, and they’re put under enormous pressures. I am concerned that anyone else be as foolhardy as I was to undertake a national security investigation without any power.’

Another theme touched on by Mr Clarke – the challenges faced by agencies working in concert to resolve issues – was picked up by Commonwealth Ombudsman Professor John McMillan.

Professor McMillan noted that governments do not always perform well when multiple agencies must cooperate, and explained that his office is placing substantial emphasis on using the insights gained from investigating complaints to address this weakness.

‘The importance of this work was recognised yesterday in the Access to Justice report published by the Attorney-General,’ Professor McMillan said. ‘The report recommended an Ombudsman role in developing a Charter of Good Administration – a project which is already underway.

‘The report favours a new approach to resolving disputes – one that I strongly support – that places less emphasis on formal justice processes, and more emphasis on prevention and affordable, informal mechanisms for people to resolve disputes.’

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Date of release: 24 September 2009