14 Mar 2012: Statement by Acting Ombudsman Alison Larkins

My office is investigating a complaint received in late February about ‘… delay by the Acting General Manager for Fair Work Australia and predecessors in investigating complaints about Mr C Thompson MP and the Health Services Union‘.

The Ombudsman’s jurisdiction in relation to Fair Work Australia is complex and limited. Our initial assessment was that we didn’t have the jurisdiction to investigate the complaint.  However, upon receiving further information from the complainant we reassessed the complaint as within our jurisdiction.

Given that Fair Work Australia had already announced a review of its inquiry by KPMG, the Ombudsman’s Office will, in the first instance, investigate whether the steps taken by Fair Work Australia will provide a reasonable investigation of the complainant’s concerns about the delay.

It is not our usual practice to run separate investigations when agencies have already taken action to address concerns.  Rather we seek to assure ourselves that the actions taken by agencies are robust and made in good faith, and will allow an appropriate airing of any issues of concern.

We have informed the General Manager of Fair Work Australia of our decision to investigate the complaint and asked that she provide us with information about the terms of reference and timing of the KPMG review.

It should be noted that the Ombudsman’s office cannot investigate a complaint about misuse of union funds.  Our jurisdiction relates to administrative action by a government agency – in this case, unreasonable delay by the General Manager of Fair Work Australia.

The complainant has been advised of the action we are taking.

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Date of release: 14 March 2012