30 Nov 2010: Difficult behaviour shouldn’t mean inadequate service

Unreasonable or difficult behaviour should not mean inadequate service from government agencies, according to a report released today by the Commonwealth Ombudsman Mr Allan Asher.

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.

‘There are two sides to the story of course,’ said Mr Asher. ‘We know that the Child Support Agency has a difficult job; that its customers can sometimes be quite challenging. Money, kids and a relationship breakdown can be a potent mix. Some people resent the CSA’s involvement in their lives.

‘This can lead to angry and unreasonable behaviour. In turn (and we accept that) the CSA needs to impose service restrictions in some cases, for the safety and well-being of its staff,’ said Mr Asher.

Under these circumstances ‘write only’ restrictions can be applied to customers – meaning that the CSA will only engage with them in writing, not over the telephone or face to face. When the Ombudsman’s office began investigating some customers were banned indefinitely from telephoning the CSA.

One man had written numerous letters and emails to the CSA about his child support case and sought documents under the Freedom of Information Act. After much correspondence the agency had judged him to be unreasonable due to the ‘nature and frequency of his communication’. The CSA imposed the service restriction of ‘write only’ contact.

He felt confused by what he regarded as contradictory communication. Computer generated correspondence was sent to him inviting him to telephone the agency, despite his ‘write only’ status’. He maintained that the reasons for his restricted access had not been explained.

He was denied the right to contact the CSA by email or to lodge an objection by email. After many complaints to the Ombudsman he still felt that the CSA was ignoring him.

‘Just as difficult behaviour can cloud an issue, so too, ‘write only’ restrictions can obscure a genuine grievance,’ said Mr Asher.

‘I urge all agencies to develop a consistent approach in managing unreasonable customer conduct. It’s very important to distinguish the person’s behaviour from the complaint, which may be quite valid. Find and fix the problem, manage the behaviour.

‘I am delighted that the CSA has used our investigation as a prompt to rethink its approach to managing challenging customer behaviour,’ said Mr Asher.

The CSA accepted all 11 recommendations from the Commonwealth Ombudsman’s report and started implementing new procedures in September 2010.

The agency also agreed to review every case where it has imposed service restrictions disallowing customer contact in person or by telephone.

Mr Asher 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.

Download the report: Department of Human Services, Child Support Agency: Unreasonable Customer Conduct and ‘Write Only’ policy, November 2010—14|2010

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Date of release: 30 November 2010