The Office of the Commonwealth Ombudsman is statutorily independent from both the Parliament and the Executive, and the Ombudsman may disclose information about any issue within his jurisdiction if he believes it is in the public interest.

A key role of the Ombudsman is to provide assurance to the Parliament and the public that government administration is fair, just and accountable. However, unlike some other integrity agencies, there is no parliamentary accountability mechanism in place for the Office of the Commonwealth Ombudsman.

For example, unlike the Auditor-General, the Ombudsman is not an Officer of the Parliament. Nor does he have a parliamentary committee to whom he must report, as is the case for the Australian Commission for Law Enforcement Integrity.

‘I am accountable to the Parliament, yet I have only infrequent and limited opportunities to engage with the Parliament,’ the Ombudsman, Allan Asher, said today.

‘I would welcome a discussion regarding the establishment of a parliamentary committee or some other accountability mechanism to specifically review my work and with whom I could raise issues of concern without compromise to the independence of my office.

‘The end goal would be greater public sector integrity and good governance.’

In the last Budget, the Ombudsman’s office was given extra responsibilities in relation to immigration detention on Christmas Island but no additional funding. The Ombudsman raised with the Government his concerns about the situation on Christmas Island and the capacity of his office to take on the additional work without extra funding, and the consequences for other areas of work for which he is responsible.

‘I expected to have the opportunity to raise these matters at the May 2011 Budget Estimates hearing, but was not called to appear,’ the Ombudsman said. ‘I then briefed Senator Sarah Hanson-Young about my immigration detention-related concerns and subsequently provided some possible questions to her office as a guide.

‘In the absence of another parliamentary committee, I chose this unorthodox approach to bring my concerns to the attention of the Parliament and the public. This was not a wise route to take,’ Mr Asher said.

‘However, the questions concerned administration of government policy and were not political in nature, as the answers I provided to the Committee clearly showed.’

In 2010-11, the Ombudsman’s office received 2,137 approaches and complaints on immigration matters, a 34 per cent increase on the previous year. In May 2011, the Ombudsman noted that when his office took on oversight of the Refugee Status Assessment process in 2008, it was anticipated that there would only be about 100 Irregular Maritime Arrivals each year. There were more than 6,000 people in immigration detention in May 2011.

Overall, the office received 38,919 approaches and complaints in 2010-11, up from 37,468 the previous year, an increase of 3.9 per cent.

The Ombudsman has jurisdiction over the administrative practices of around 250 government departments and agencies. He is willing and, indeed, seeks to engage with relevant stakeholders in each of the portfolio areas in which he has responsibilities, including parliamentarians in all parties as well as independents, departmental officials, business and community groups, media, and the public.

Media contact: Media 02 6276 3759

Follow the Ombudsman on Twitter.

Date of release: 13 October 2011

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      13 Oct 2011: Response to commentary about Ombudsman actions—May 2011 Budget Estimates

      The Office of the Commonwealth Ombudsman is statutorily independent from both the Parliament and the Executive, and the Ombudsman may disclose information about any issue within his jurisdiction if he believes it is in the public interest.

      A key role of the Ombudsman is to provide assurance to the Parliament and the public that government administration is fair, just and accountable. However, unlike some other integrity agencies, there is no parliamentary accountability mechanism in place for the Office of the Commonwealth Ombudsman.

      For example, unlike the Auditor-General, the Ombudsman is not an Officer of the Parliament. Nor does he have a parliamentary committee to whom he must report, as is the case for the Australian Commission for Law Enforcement Integrity.

      ‘I am accountable to the Parliament, yet I have only infrequent and limited opportunities to engage with the Parliament,’ the Ombudsman, Allan Asher, said today.

      ‘I would welcome a discussion regarding the establishment of a parliamentary committee or some other accountability mechanism to specifically review my work and with whom I could raise issues of concern without compromise to the independence of my office.

      ‘The end goal would be greater public sector integrity and good governance.’

      In the last Budget, the Ombudsman’s office was given extra responsibilities in relation to immigration detention on Christmas Island but no additional funding. The Ombudsman raised with the Government his concerns about the situation on Christmas Island and the capacity of his office to take on the additional work without extra funding, and the consequences for other areas of work for which he is responsible.

      ‘I expected to have the opportunity to raise these matters at the May 2011 Budget Estimates hearing, but was not called to appear,’ the Ombudsman said. ‘I then briefed Senator Sarah Hanson-Young about my immigration detention-related concerns and subsequently provided some possible questions to her office as a guide.

      ‘In the absence of another parliamentary committee, I chose this unorthodox approach to bring my concerns to the attention of the Parliament and the public. This was not a wise route to take,’ Mr Asher said.

      ‘However, the questions concerned administration of government policy and were not political in nature, as the answers I provided to the Committee clearly showed.’

      In 2010-11, the Ombudsman’s office received 2,137 approaches and complaints on immigration matters, a 34 per cent increase on the previous year. In May 2011, the Ombudsman noted that when his office took on oversight of the Refugee Status Assessment process in 2008, it was anticipated that there would only be about 100 Irregular Maritime Arrivals each year. There were more than 6,000 people in immigration detention in May 2011.

      Overall, the office received 38,919 approaches and complaints in 2010-11, up from 37,468 the previous year, an increase of 3.9 per cent.

      The Ombudsman has jurisdiction over the administrative practices of around 250 government departments and agencies. He is willing and, indeed, seeks to engage with relevant stakeholders in each of the portfolio areas in which he has responsibilities, including parliamentarians in all parties as well as independents, departmental officials, business and community groups, media, and the public.

      Media contact: Media 02 6276 3759

      Follow the Ombudsman on Twitter.

      Date of release: 13 October 2011