Appendix 1 – Statistics

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Approaches and Complaints

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Jurisdiction/PortfolioReceivedFinalisedRemedies
Cat 1 Cat 2 Cat 3 Cat 4 Cat 5 Total Finalised Action expeditedApology Decision changed or reconsidered Disciplinary actionExplanation Financial remedy Law, policy or practice changed Other non-financial remedy Remedy provided by agency without Ombudsman Intervention Total Remedies
For a full breakdown of the Jurisdictions/Portfolio in this table, visit ombudsman.gov.au
ACT4471162664427 4531059 48216 81
Commonwealth19,1216,00311,6421,140516519,306265138194661,32031456111382,502
Agriculture and Water Resources 37 6 24 1 9  40 1 2 1   8 1 2   1 16
Attorney-General's 312 78 206 16 6  306   2   20   1 1  24
Commonwealth Parliament 2  2    2          
Communications and the Arts1327 64 233 51 8  356 1 45 3 17 48 31 2 5 1 153
Defence 653 66 504 113 42 2 727 19 1 17   52 15 5 6 5 120
Education and Training 155 29 106 9 17  161 3 1 4   16 3 7   34
Environment and Energy 28 4 18 4 1  27 1       1   2
Finance 74 8 62 4 5  79   5   6 1    12
Foreign Affairs and Trade 126 27 92 5 5  129   2   14   1   17
Health 232 73 117 29 11  230 16 6 2   36 17 3 2 1 83
Home Affairs 2,007 426 1,283 216 127 1 2,053 33 1 32 3 270 7 6 12 10 374
Human Services 12,596 4,732 7,300 472 187 2 12,693 136 51 80 40 621 218 18 37 16 1,217
Infrastructure, Regional Development and Cities 60 11 40 1 2  54     2     2
Jobs and Innovation 492 153 303 35 12  503 2   5 2 46 3 1 1 1 61
Prime Minister and Cabinet 72 9 49 11 13  82 4   1   18 1   3  27
Social Services 1,607 244 1,055 161 68  1,528 48 30 37 4 152 15 8 44 3 341
Treasury 341 73 248 12 3  336 1 1 3   11 2 1   19
Norfolk Island    1 1          
Ombudsman21,7506971,046   1,743          
Out of Jurisdiction6,7184,7241,939   6,663          
Overseas Students Ombudsman99927648192106 973  1 12 116
Private Health Insurance Ombudsman37,5093,5953,42278230 7,829          
Postal Industry Ombudsman3,5536732,5854853 3,74614239175393305125 1,323
VET Student Loans Ombudsman6,397242,985337 3,0491 6 324 6141
Grand Total46,49415,85924,5332,676690543,7632775662192411,76564769129403,953

1 Includes Australia Post complaints under Commonwealth Jurisdiction.

2  This includes general information requests to the office, Ombudsman FOI requests and PID complaints.

3  Includes Australia Post complaints under the PIO Jurisdiction.

Appendix 4 – Information Publication Scheme

The Information Publication Scheme (IPS) applies to Australian Government agencies that are subject to the Freedom of Information Act 1982. This scheme requires an agency to publish a broad range of information on their website.

The Commonwealth Ombudsman's website makes available the Office's Information Publication Scheme plan, describing how the Office complies with these requirements and giving access to information published under the scheme. More information can be found at: ombudsman.gov.au/about/information-publication-scheme

Appendix 5 – Entity Resources Statement

Entity Resource Statement 2017–18

  Actual available appropriation for 2017–18
$'000
Payments made
2017–18
$'000
Balance
2017–18
$'000
 (a)(b) (a) – (b)
Ordinary Annual Services1   
Departmental appropriation2 49,085 38,126 10,959
Adjustment – actual s743 (2,520) - (2,520)
Adjustment – s51 determination4 (10) - (10)
Total resourcing and payments46,555 38,126 8,429

1 Appropriation Act (No. 1) 2017–18 and Appropriation Act (No. 5) 2017–18. This also includes prior year departmental appropriation and s74 relevant agency receipts.

2 Includes an available amount of $0.821m in 2017–18 for the Departmental Capital Budget. For accounting purposes this amount has been designated as 'contribution by owners'.

3 Actual s74 receipts in 2017–18 were $13.061m compared to the Budget estimate of $15.581m.

4 $0.010m was quarantined for Superannuation fees but not yet removed from the appropriation.

Resource Summary Table – Expenses for Outcome 1

Outcome 1: Fair and accountable administrative action by Australian Government entities and prescribed private sector organisations, by investigating complaints, reviewing administrative action and statutory compliance inspections and reporting.

  Budget 2017–18
$'000
Actual Expenses
2017–18
$'000
Variance
2017–18
$'000
Program 1.1: Office of the Commonwealth Ombudsman
Departmental expenses    
Departmental appropriation1 39,041 34,919 4,122
Expenses not requiring appropriation in the Budget year 1,130 1,065 65
Total for Program 1.140,17135,9844,187
Total for Outcome 140,17135,9844,187
Average Staffing Level (number) 200 201 (1)

1 Departmental Appropriation combines 'Ordinary annual services' (Appropriation Act No. 1 and Appropriation Act No. 5) and 'Revenue from independent sources (S74)'.

Appendix 6 – Ecologically Sustainable Development and Environmental Performance

Section 516A of the Environment Protection and Biodiversity Act 1999 sets out the principles and framework for the Office to report on environmental matters. We also have an environmental management policy to help us manage activities in an environmentally sustainable manner. Our environmental impact is mainly through office-based energy consumption, paper resources and waste management.

Energy consumption

In 2017–18 the Office continued to manage its energy consumption and drive efficiencies. New tenancies in Sydney, Melbourne and Brisbane have included smart lighting and the introduction of LED globes to further reduce energy consumed. Total energy across all of the Office tenancies has increased by 15 per cent while the growth in staffing (including contractors) has been 10 per cent. The increase in energy costs this year are in excess of the increase in staff, due to the increase in accommodation leased by the Office. The additional leased office space is sufficient to accommodate a 15 per cent increase in staff numbers which will cater for the 10 per cent increase already forecast for the 2018–19 financial year.

Paper resources

The Office ensures we engage in predominantly digital record-keeping and e-business practices to reduce paper files. Our paper supplies are either manufactured from at least 50 per cent recycled products or carbon neutral. Other office materials such as files, folders and unused stationary are recycled within the Office to reduce procurement activity and costs for stationery.

Waste management

We actively manage the waste we produce through several mechanisms:

  • recycling bins are provided in all offices to encourage recycling of waste such as paper and cardboard packaging
  • toner cartridges are recycled
  • implementation of 'follow me printing'
  • kitchen waste such as plastic bottles and cans are recycled via special bins provided in breakout areas.

Appendix 7 – Correction of material errors in previous annual report

The timing of the assessment on Manus Island was Feb/March 2017 not 2016 as reported on page 68 of the 2016–17 Annual Report.

Appendix 8 – Public Interest Disclosures

Table 20 – Number of disclosures received and alleged disclosable conduct
Agency Number of disclosures received by Authorised Officers Alleged kinds of disclosable conduct to which the disclosures relate
1. Australian Postal Corporation 246
  • Conduct that may result in disciplinary action
  • Conduct engaged in for the purposes of corruption
  • Maladministration
  • Contravention of a law of the Commonwealth, state or territory
  • Wastage of Commonwealth resources (including money and property)
  • Abuse of public trust
  • Conduct that results in, or that increases, the risk of danger to the health or safety of one or more persons
2. Department of Defence 156
  • Contravention of a law of the Commonwealth, state or territory
  • Maladministration
  • Conduct that may result in disciplinary action
  • Wastage of Commonwealth resources (including money and property)
  • Abuse of public office
  • Conduct that results in, or that increases, the risk of danger to the health or safety of one or more persons
  • Conduct engaged in for the purposes of corruption
  • Abuse of public trust
3. Office of the Commonwealth Ombudsman 5950
  • Maladministration
  • Contravention of a law of the Commonwealth, state or territory
  • Conduct that results in, or that increases, the risk of danger to the health or safety of one or more persons
  • Conduct that may result in disciplinary action
  • Wastage of Commonwealth resources (including money and property)
  • Abuse of public trust
  • Abuse of public office
  • Perversion of the course of justice
  • Conduct engaged in for the purposes of corruption
4. Australian Taxation Office 44
  • Conduct that may result in disciplinary action
  • Contravention of a law of the Commonwealth, state or territory
  • Abuse of public office
  • Maladministration
5. Department of Home Affairs 29
  • Maladministration
  • Conduct that results in, or that increases, the risk of danger to the health or safety of one or more persons
  • Contravention of a law of the Commonwealth, State or Territory
  • Conduct that may result in disciplinary action
  • Wastage of Commonwealth resources (including money and property)
  • Abuse of public office
  • Abuse of public trust
6. Airservices Australia 21
  • Conduct that may result in disciplinary action
  • Conduct that results in, or that increases, the risk of danger to the health or safety of one or more persons
  • Contravention of a law of the Commonwealth, state or territory
  • Maladministration
7. Department of Veterans' Affairs 18
  • Conduct that may result in disciplinary action
  • Maladministration
  • Wastage of Commonwealth resources (including money and property)
  • Contravention of a law of the Commonwealth, state or territory
8. NBN Co. Limited 11
  • Conduct that may result in disciplinary action
  • Maladministration
  • Conduct engaged in for the purposes of corruption
  • Abuse of public trust
  • Abuse of public office
  • Contravention of a law of the Commonwealth, state or territory
9. Australian Public Service Commission 8
  • Contravention of a law of the Commonwealth, state or territory
  • Conduct that may result in disciplinary action
  • Maladministration
  • Abuse of public office
10. Department of Human Services 8
  • Maladministration
  • Conduct that may result in disciplinary action
  • Conduct that results in, or that increases, the risk of danger to the health or safety of one or more persons
  • Contravention of a law of the Commonwealth, state or territory
  • Abuse of public office
  • Abuse of public trust
  • Wastage of Commonwealth resources (including money and property)
  • Conduct that endangers, or risks endangering the environment
  • Perversion of the course of justice
11. Department of Agriculture and Water Resources 7
  • Conduct that may result in disciplinary action
  • Maladministration
  • Abuse of public office
12. Department of the Prime Minister and Cabinet 7
  • Maladministration
  • Contravention of a law of the Commonwealth, state or territory
  • Conduct that may result in disciplinary action
  • Abuse of public trust
  • Wastage of Commonwealth resources (including money and property)
13. Consolidated Australian Intelligence Community Response 7
  • Maladministration
  • Conduct that may result in disciplinary action
  • Contravention of a law of the Commonwealth, state or territory
  • Wastage of Commonwealth resources (including money and property)
14. Inspector-General of Intelligence and Security (IGIS) 7

Note: all 7 PIDs related to Australian intelligence agencies which IGIS has jurisdiction over

  • Maladministration
  • Conduct that may result in disciplinary action
  • Contravention of a law of the Commonwealth, state or territory
15. Attorney-General's Department 6
  • Contravention of a law of the Commonwealth, state or territory
  • Conduct that results in, or that increases, the risk of danger to the health or safety of one or more persons
  • Maladministration
  • Wastage of Commonwealth resources (including money and property)
16. ASC Pty Ltd 5
  • Maladministration
  • Conduct engaged in for the purposes of corruption
  • Conduct that may result in disciplinary action
  • Wastage of Commonwealth resources (including money and property)
17. Australian Federal Police 5
  • Contravention of a law of the Commonwealth, state or territory
  • Conduct that may result in disciplinary action
  • Perversion of the course of justice
  • Maladministration
  • Abuse of public trust
  • Wastage of Commonwealth resources (including money and property)
  • Conduct that results in, or that increases, the risk of danger to the health or safety of one or more persons
18. Defence Housing Australia 5
  • Conduct that may result in disciplinary action
  • Abuse of public office
19. National Archives of Australia 5
  • Conduct that may result in disciplinary action
  • Conduct that results in, or that increases, the risk of danger to the health or safety of one or more persons
  • Contravention of a law of the Commonwealth, state or territory
  • Wastage of Commonwealth resources (including money and property)
  • Abuse of public office
20. Australian Rail Track Corporation Ltd
21. Comcare
22. Indigenous Business Australia
23. Australian Bureau of Statistics
24. Australian Criminal Intelligence Commission
25. Bureau of Meteorology
26. Department of Jobs and Small Business
27. National Disability Insurance Agency
28. National Health and Medical Research Council
29. Administrative Appeals Tribunal
30. Australian Building and Construction Commission
31. Australian Film, Television and Radio School
32. Australian National Audit Office
33. Australian Nuclear Science and Technology Organisation
34. Commonwealth Director of Public Prosecutions
35. Commonwealth Scientific and Industrial Research Organisation
36. Department of Communications and the Arts
37. Department of Health
38. Department of Industry Innovation and Science
39. Department of Social Services
40. Department of the Environment and Energy
41. Department of Treasury
42. Special Broadcasting Service
43. Australian Broadcasting Corporation
44. Australian Commission for Law Enforcement Integrity
45. Australian Competition and Consumer Commission and Australian Energy Regulator
46. Australian Electoral Commission
47. Australian Financial Security Authority
48. Australian Institute of Marine Science
49. Australian Maritime Safety Authority
50. Australian National Maritime Museum
51. Australian National University
52. Australian Securities & Investments Commission
53. Australian Trade and Investment Commission
54. Australian Transaction Reports and Analysis Centre (AUSTRAC)
55. Australian War Memorial
56. Civil Aviation Safety Authority
57. Commonwealth Ombudsman51
58. Department of Education and Training
59. Department of Foreign Affairs and Trade
60. Department of Parliamentary Services
61. Fair Work Ombudsman and Registered Organisations Commission Entity
62. Federal Court of Australia
63. Food Standards Australia New Zealand
64. Office of the Australian Information Commissioner
65. Screen Australia
66. Tertiary Education Quality and Standards Agency
67. Torres Strait Regional Authority
83 (aggregated total of all PIDs received by these agencies). This section aggregates data for agencies reporting four or fewer PIDs received during the reporting period.
  • Maladministration
  • Conduct that may result in disciplinary action
  • Contravention of a law of the Commonwealth, state or territory
  • Wastage of Commonwealth resources (including money and property
  • Abuse of public trust
  • Conduct that results in, or that increases, the risk of danger to the health or safety of one or more persons
  • Abuse of public office
  • Perversion of the course of justice
  • Conduct engaged in for the purpose of corruption
  • Conduct in a foreign country that contravenes a law
Table 21 – Agencies that have reported not receiving PIDs in 2017–18
1. AAF Company
2. Aboriginal Hostels Limited
3. Anindilyakwa Land Council
4. Army & Air Force Canteen Service
5. Asbestos Safety & Eradication Agency
6. Australia Council for the Arts
7. Australian Accounting Standards Board and Auditing and Assurance Standards Board
8. Australian Aged Care Quality Agency
9. Australian Centre for International Agricultural Research
10 Australian Commission on Safety and Quality in Health Care
11. Australian Communications and Media Authority
12. Australian Curriculum Assessment and Reporting Authority
13. Australian Digital Health Agency
14. Australian Fisheries Management Authority
15. Australian Hearing Services
16. Australian Human Rights Commission
17. Australian Institute for Teaching and School Leadership
18. Australian Institute of Aboriginal and Torres Strait Islander Studies
19. Australian Institute of Criminology
20. Australian Institute of Family Studies
21. Australian Institute of Health and Welfare (AIHW)
22. Australian Law Reform Commission
23. Australian Military Forces Relief Trust Fund
24. Australian Naval Infrastructure Pty Ltd
25. Australian Office of Financial Management
26. Australian Pesticides and Veterinary Medicines Authority
27. Australian Prudential Regulation Authority
28. Australian Radiation Protection and Nuclear Safety Agency
29. Australian Reinsurance Pool Corporation (ARPC)
30. Australian Research Council
31. Australian Skills Quality Authority
32. Australian Sports Anti-Doping Authority
33. Australian Sports Commission
34. Australian Sports Foundation Ltd
35. Australian Transport Safety Bureau
36. Bundanon Trust
37. Cancer Australia
38. Central Land Council
39. Clean Energy Finance Corporation
40. Clean Energy Regulator
41. Climate Change Authority
42. Coal Mining Industry (Long Service Leave Funding) Corporation
43. Commonwealth Grants Commission
44. Commonwealth Superannuation Corporation
45. Cotton Research & Development Corporation
46. Creative Partnerships Australia
47. Department of Finance
48. Department of Infrastructure, Regional Development and Cities
49. Department of the House of Representatives
50. Department of the Senate
51. Digital Transformation Agency
52. Export Finance & Insurance Corporation
53. Fair Work Commission
54. Fisheries Research and Development Corporation
55. Future Fund Management Agency
56. Grains Research and Development
57. Great Barrier Reef Marine Park Authority
58. High Court of Australia
59. Independent Hospital Pricing Authority
60. Independent Parliamentary Expenses Authority
61. Indigenous Land Corporation
62. Infrastructure Australia
63. Inspector-General of Taxation
64. Moorebank Intermodal Company Limited
65. Murray-Darling Basin Authority
66. Museum of Australian Democracy at Old Parliament House
67. National Australia Day Council
68. National Blood Authority
69. National Capital Authority
70. National Competition Council
71. National Film and Sound Archive of Australia
72. National Gallery of Australia
73. National Health Funding Body
74. National Library of Australia
75. National Mental Health Commission
76. National Museum of Australia
77. National Offshore Petroleum Safety and Environmental Management Authority
78. National Portrait Gallery of Australia
79. National Transport Commission
80. Northern Australia Infrastructure Facility
81. Northern Land Council
82. Office of Parliamentary Counsel
83. Office of the Official Secretary to the Governor-General
84. Organ and Tissue Donation and Transplantation Authority
85. Outback Stores Pty Ltd
86. Parliamentary Budget Office
87. Productivity Commission
88. Professional Services Review
89. RAAF Welfare Recreational Company
90. Reserve Bank of Australia
91. Royal Australian Air Force Welfare Trust Fund
92. Royal Australian Mint
93. Royal Australian Navy Central Canteens Board (RANCCB)
94. Royal Australian Navy Relief Trust Fund (RANRTF)
95. Rural Industries Research Development Corp (Trading as AGRIFUTURES Australia)
96. Safe Work Australia
97. Sydney Harbour Federation Trust
98. The Australian Strategic Policy Institute
99. Tiwi Land Council
100. Tourism Australia
101. Wine Australia
102. Workplace Gender Equality Agency
103. Wreck Bay Aboriginal Community Council
Table 22 ­– PID investigations completed and action/s taken in response to recommendations
Agency Number of disclosure investigations completed during the financial year Actions taken during the financial year in response to recommendations relating to disclosure investigations
  1. Department of Defence
140
  • Investigation ceased – matter unfounded
  • Administrative action
  • Investigation recommended under another law
  • Investigation ceased insufficient evidence
  • Charges not recommended
  • Public Service Act action
  • NFA – Case transferred to another Policing and Security Organisation
  • Charges preferred – Defence Force Discipline Act 1982
2. Australian Postal Corporation 31
  • Undertake a review of rostering arrangements to ensure proper allocation occurs.
  • Issuing of Performance Improvement Notice.
  • Disciplinary action including formal warning
3. Australian Taxation Office 30
  • Recommendation/s for investigation under APS Code of Conduct and Workplace Health and Safety.
  • Referral to ATO People for conduct action.
  • Processes implemented by area management to address identified control issues.
4. Airservices Australia 14
  • Undertake an all staff communication reminder reinforcing security controls.
  • Management to ensure staff compliance with Visitor access requirements.
  • Ensure ongoing monitoring and review of staff fatigue levels, consistent with WHS legislative obligations.
  • Review culture and/ or implement training for staff around expected behaviours.
  • Revise procedures relating to Crisis management response and run a communications and awareness campaign including roles and responsibilities of staff responding to traumatic events.
5. Department of Veterans' Affairs 14
  • Recommendation/s for investigation under s 15(3) of the Public Service Act 1999 as suspected breach of the APS Code of Conduct.
6. Department of Home Affairs 13
  • Referred to Integrity & Professional Standards for investigation under code of conduct
  • Referral to Australian Commission for Law Enforcement Integrity
  • Referral to Contract Management for investigation of contractual breaches
  • Referral to WHS Section for investigation under WHS Act 2011
7. NBN Co Limited 6
  • No recommendations as all matters investigated identified no disclosable conduct.
8. Administrative Appeals Tribunal
9. Attorney-General's Department
10. Australian Bureau of Statistics
11. Australian Communications and Media Authority
12. Australian Competition and Consumer Commission and Australian Energy Regulator
13. Australian Criminal Intelligence Commission
14. Australian Electoral Commission
15. Australian Federal Police
16. Australian Institute of Marine Science
17. Australian Intelligence Agencies – Combined Response
18. Australian National University
19. Australian Public Service Commission
20. Australian Rail Track Corporation Ltd
21. Australian Securities & Investments Commission
22. Australian Trade and Investment Commission
23. Australian Transaction Reports and Analysis Centre (AUSTRAC)
24. Bureau of Meteorology
25. Comcare
26. Commonwealth Director of Public Prosecutions
27. Commonwealth Ombudsman
28. Commonwealth Scientific and Industrial Research Organisation
29. Department of Communications and the Arts
30. Department of Foreign Affairs and Trade
31. Department of Health
32. Department of Human Services
33. Department of Industry Innovation and Science
34. Department of Jobs and Small Business
35. Department of Parliamentary Services
36. Department of the Environment and Energy
37. Department of the Prime Minister and Cabinet
38. Department of Treasury
39. Fair Work Ombudsman and Registered Organisations Commission Entity
40. Federal Court of Australia (on behalf of itself, Family Court of Australia, Federal Circuit Court of Australia, National Native Title Tribunal and Native Title Registrar)
41. Food Standards Australia New Zealand
42. Indigenous Business Australia
43. National Archives of Australia
44. National Health and Medical Research Council
45. Torres Strait Regional Authority
65 investigations were completed by the agencies in this section. This section aggregates data for agencies reporting four or fewer investigations being conducted during the period. Note: Although all agencies within this group identified they had completed one or more investigations, not all investigations resulted in recommendation/s being made.

The following are examples of some of the recommendations made by agencies within this aggregated group.

  • Recommendation/s for investigation under s 15(3) of the Public Service Act 1999 as suspected breach of the APS Code of Conduct.
  • Referral to Australian Public Service Commissioner.
  • Refresher briefing to Executive level staff on supervisor obligations.
  • Review of current recruitment policy.
  • Review and improve guidance material for employees to make clear that there are safeguards and protections in place for PID disclosers as appropriate.
  • Undertake internal training on Contract Management.
  • Undertake awareness program in relation to contracts and complex procurement.

Footnotes

50 The Office of the Commonwealth Ombudsman received 59 PIDs relating to other agencies and one PID relating to our Office, see item 57

51 One PID relating to our Office.