Part 8—References

Glossary

Contact

Any external contact to our Office. Contacts are made up of complaints, program specific matters and any other enquiries.

Authorised officer

An officer appointed by the Principal Officer of an agency to receive and allocate public interest disclosures.

Complaint

Contact with our Office indicating that something is unsatisfactory or unacceptable, in relation to an action by an agency or organisation within our jurisdiction. This includes:

  • complaints about a Commonwealth Government agency, including the Australian Defence Force and the Australian Federal Police
  • complaints, including disputes, about public or private sector bodies, received under any of the following jurisdictions: Postal Industry Ombudsman, Overseas Students Ombudsman, VET Student Loans Ombudsman and Private Health Insurance Ombudsman)
  • complaints about ACT Government agencies (under the ACT Ombudsman jurisdiction, and including ACT FOI complaints, ACT PID complaints and complaints about the ACT Integrity Commission)
  • complaints made about an agency or organisation within our jurisdiction, but where the issue raised is out of our jurisdiction (e.g. an immigration decision which was made by the Minister personally). We are unable to consider this situation further, but it is still counted as a complaint to our Office.

Enquiry

Any contact with our Office that is not a complaint or program specific matter. This can include:

  • a request to the Office (e.g. a request from a journalist, a request under the FOI Act for documents we hold, a Public Interest Disclosure about us, or a service delivery complaint made about our own services)
  • a purported complaint about an agency or organisation which is determined to be out of our jurisdiction on the basis of the organisation being complained about (e.g. telecommunications, banking, State government)
  • other enquiries (e.g. how do I make a complaint about Agency X; an enquiry about private health insurance; PID enquiries; enquiries made to the ACT Ombudsman regarding FOI/Reportable Conduct, complaint handling advice for providers).

Finalised

A contact is finalised when we have finished taking action in response to hat contact.

Outcome

The end result of a contact to our Office. These can vary depending on the type of contact, and can include:

  • rectifying the situation for a person (such as restoring a payment; waiving a debt; a different decision; a better explanation from the agency; an apology)
  • assistance or advice for a person (such as referral to a more appropriate avenue; a better explanation by us on review rights; advice on how to make a complaint; an agency considering a matter in a more timely manner)
  • outcomes which reflect our role as independent and impartial (such as independent assurance that the agency’s decision was lawful and reasonable)
  • outcomes for the broader community (such as changes to an agency’s policies or practices)

Out of jurisdiction (OOJ)

A matter about which the Office has no legal power under the Ombudsman Act 1976 to investigate.

Own motion investigation

An investigation conducted on the Ombudsman’s own initiative.

Program specific matter

An application, report or other statutory process, which requires processing by our Office, but is not a complaint. This includes:

  • applications under the ACT FOI Act (review requests, extensions of time, etc)
  • reports of Defence abuse
  • PHIO mediations
  • FOI mediations
  • notifications under the ACT Reportable Conduct scheme
  • PIDs, extension requests and notifications.

Public interest disclosure PID)

Unless otherwise stated, this relates to an internal disclosure of wrongdoing, which has been reported by a public official to an authorised internal recipient.

Serious abuse

‘Serious abuse’ (within Defence) is defined as sexual abuse, serious physical abuse and serious bullying and harassment. All reports of abuse are assessed to determine whether the reported abuse meets this definition

The Office

The Office of the Commonwealth Ombudsman.

The Ombudsman

The person occupying the statutory position of Commonwealth Ombudsman.

Within jurisdiction

A contact about a matter that the Office may investigate under the Ombudsman Act 1976.

List of Tables and Figures

Figure 1—Executive and Senior Management structure as at 30 June 2020

Figure 2—allegations of disclosable conduct FY Comparison

Figure 3—s48 - Declined to investigate decision - FY Comparison

Figure 4—Findings of disclosable conduct FY Comparison

Figure 5—Referrals to other investigative mechanisms FY comparison

Figure 6—Reports of abuse received

Figure 7—Most reported locations

Figure 8—Committee Structure

Table 1—Accountable Authority

Table 2—Average number of authorised officers in an agency, by agency staff size

Table 3—Investigation timeframes

Table 4—Annual reporting requirements under the Act

Table 5—Details of Accountable Authority during the reporting period Current Report Period (2019–20)

Table 6—Workforce profile as at 30 June 2020

Table 7—Number and expenditure on Consultants Current Report Period (2019–20)

Table 8—All public contacts 2019–20 as at 30 June 2020

Table 9—Information about remuneration for key management personnel

Table 10—All Ongoing Employees Current Report Period (2019-20)

Table 11—All Non-Ongoing Employees Current Report Period (2019-20

Table 12—All Ongoing Employees Previous Report Period (2018-19)

Table 13—All Non-Ongoing Employees Previous Report Period (2018-19)

Table 14—Australian Public Service Act Ongoing Employees Current Report Period (2019-20)

Table 15—Australian Public Service Act Non-Ongoing Employees Current Report Period (2019-20)

Table 16—Australian Public Service Act Ongoing Employees Previous Report Period (2018-19)

Table 17—Australian Public Service Act Non-Ongoing Employees Previous Report Period (2018-19)

Table 18—Australian Public Service Act Employees by Full-time and Part-time Status Current Report Period (2019-20)

Table 19—Australian Public Service Act Employees by Full-time and Part-time Status Previous Report Period (2018-19)

Table 20—Australian Public Service Act Employment type by location Current Report Period (2019-20)

Table 21—Australian Public Service Act Employment type by location Previous Report Period (2018-19)

Table 22—Australian Public Service Act Indigenous Employment Current Report Period (2019-20)

Table 23—Australian Public Service Act Indigenous Employment Previous Report Period (2018-19)

Table 24—Australian Public Service Act Employment arrangements Current Report Period (2019-20)

Table 25—Australian Public Service Act Employment salary ranges by classification level (Minimum/Maximum) Current Report Period (2019-20)

Table 26—Number of disclosures assessed as meeting the criteria under s26 of the PID Act and alleged disclosable conduct Agency Number of disclosures assessed as meeting the criteria under s26 of the PID Act Alleged kinds of disclosable conduct to which the disclosures relate

Table 27—Agencies that have reported not receiving PIDs

Table 28—PID investigations completed and action/s taken in response to recommendations

List of requirements

PGPA Rule Reference

Part of Report

Description

Requirement

Page

17AD(g)

Letter of transmittal

Letter of transmittal

  

17AI

-

Mandatory

iii

17AD(h)

Aids to access

Aids to access

  

17AJ(a)

-

Mandatory

 

17AJ(b)

Part 8

Alphabetical index.

Mandatory

120-130

17AJ(c)

Part 8

Glossary of abbreviations and acronyms.

Mandatory

107-108

17AJ(d)

Part 8

List of requirements.

Mandatory

111-119

17AJ(e)

-

Details of contact officer.

Mandatory

v

17AJ(f)

-

Entity's website address.

Mandatory

v

17AJ(g)

-

Electronic address of report.

Mandatory

v

17AD(a)

Review by accountable authority

Review by accountable authority

  

17AD(a)

Part 1

Mandatory

1-3

17AD(b)

Overview of the entity

Overview of the entity

  

17AE(1)(a)(i)

Part 2

Mandatory

5-6

17AE(1)(a)(ii)

 

A description of the organisational structure of the entity.

Mandatory

6

17AE(1)(a)(iii)

Part 3

A description of the outcomes and programmes administered by the entity.

Mandatory

13-14

17AE(1)(a)(iv)

Part 3

A description of the purposes of the entity as included in corporate plan.

Mandatory

13

17AE(1)(aa)(i)

Part 2

Name of the accountable authority or each member of the accountable authority.

Mandatory

6

17AE(1)(aa)(ii)

Part 2

Position of the accountable authority or each member of the accountable authority.

Mandatory

6

17AE(1)(aa)(iii)

Part 2

Period as the accountable authority or member of the accountable authority within the reporting period.

Mandatory

6

17AE(1)(b)

-

An outline of the structure of the portfolio of the entity.

Portfolio departments - mandatory

N/A

17AE(2)

-

Where the outcomes and programs administered by the entity differ from any Portfolio Budget Statement, Portfolio Additional Estimates Statement or other portfolio estimates statement that was prepared for the entity for the period, include details of variation and reasons for change.

If applicable, Mandatory

Nil to report

17AD(c)

Report on the Performance of the entity

Report on the Performance of the entity

  
 

Annual performance Statements

  

17AD(c)(i); 16F

Part 3

Mandatory

11-22

17AD(c)(ii)

Report on Financial Performance

Report on Financial Performance

  

17AF(1)(a)

Part 3

Mandatory

23

17AF(1)(b)

Part 7

A table summarising the total resources and total payments of the entity.

Mandatory

90

17AF(2)

-

If there may be significant changes in the financial results during or after the previous or current reporting period, information on those changes, including: the cause of any operating loss of the entity; how the entity has responded to the loss and the actions that have been taken in relation to the loss; and any matter or circumstances that it can reasonably be anticipated will have a significant impact on the entity’s future operation or financial results.

If applicable, Mandatory.

Nil to report

17AD(d)

Management and Accountability

Management and Accountability

  
 

Corporate Governance

  

17AG(2)(a)

Part 6

Mandatory

46-47

17AG(2)(b)(i)

Part 6

A certification by accountable authority that fraud risk assessments and fraud control plans have been prepared.

Mandatory

46

17AG(2)(b)(ii)

Part 6

A certification by accountable authority that appropriate mechanisms for preventing, detecting incidents of, investigating or otherwise dealing with, and recording or reporting fraud that meet the specific needs of the entity are in place.

Mandatory

46

17AG(2)(b)(iii)

Part 6

A certification by accountable authority that all reasonable measures have been taken to deal appropriately with fraud relating to the entity.

Mandatory

46

17AG(2)(c)

Part 6

An outline of structures and processes in place for the entity to implement principles and objectives of corporate governance.

Mandatory

43-47

17AG(2)(d) – (e)

-

A statement of significant issues reported to Minister under paragraph 19(1)(e) of the Act that relates to non-compliance with Finance law and action taken to remedy non-compliance.

If applicable, Mandatory

Nil to report

 

Audit Committee

Audit Committee

  

17AG(2A)(a)

Part 6

Mandatory

44

17AG(2A)(b)

Part 6

The name of each member of the entity’s audit committee.

Mandatory

44

17AG(2A)(c)

Part 6

The qualifications, knowledge, skills or experience of each member of the entity’s audit committee.

Mandatory

44

17AG(2A)(d)

Part 6

Information about the attendance of each member of the entity’s audit committee at committee meetings.

Mandatory

44

17AG(2A)(e)

Part 6

The remuneration of each member of the entity’s audit committee.

Mandatory

44

 

External Scrutiny

External Scrutiny

  

17AG(3)

Part 6

Mandatory

47

17AG(3)(a)

-

Information on judicial decisions and decisions of administrative tribunals and by the Australian Information Commissioner that may have a significant effect on the operations of the entity.

If applicable, Mandatory

N/A

17AG(3)(b)

-

Information on any reports on operations of the entity by the Auditor-General (other than report under section 43 of the Act), a Parliamentary Committee, or the Commonwealth Ombudsman.

If applicable, Mandatory

N/A

17AG(3)(c)

-

Information on any capability reviews on the entity that were released during the period.

If applicable, Mandatory

Nil to report

 

Management of Human Resources

Management of Human Resources

  

17AG(4)(a)

Part 6

Mandatory

48-50

17AG(4)(aa)

Part 6, 7

Statistics on the entity’s employees on an ongoing and non-ongoing basis, including the following:

(a) statistics on full-time employees;

(b) statistics on part-time employees;

(c) statistics on gender;

(d) statistics on staff location.

Mandatory

50, 80-85

17AG(4)(b)

Part 7

Statistics on the entity’s APS employees on an ongoing and non-ongoing basis; including the following:

Statistics on staffing classification level;

Statistics on full-time employees;

Statistics on part-time employees;

Statistics on gender;

Statistics on staff location;

Statistics on employees who identify as Indigenous.

Mandatory

82-89

17AG(4)(c)

Part 6, 7

Information on any enterprise agreements, individual flexibility arrangements, Australian workplace agreements, common law contracts and determinations under subsection 24(1) of the

Public Service Act 1999.

Mandatory

45, 49, 89

17AG(4)(c)(i)

-Section 6

Information on the number of SES and non-SES employees covered by agreements etc identified in paragraph 17AG(4)(c).

Mandatory

49

17AG(4)(c)(ii)

-Section 7

The salary ranges available for APS employees by classification level.

Mandatory

89

17AG(4)(c)(iii)

-Section 6

A description of non-salary benefits provided to employees.

Mandatory

49

17AG(4)(d)(i)

-

Information on the number of employees at each classification level who received performance pay.

If applicable, Mandatory

Nil to report

17AG(4)(d)(ii)

-

Information on aggregate amounts of performance pay at each classification level.

If applicable, Mandatory

Nil to report

17AG(4)(d)(iii)

-

Information on the average amount of performance payment, and range of such payments, at each classification level.

If applicable, Mandatory

Nil to report

17AG(4)(d)(iv)

-

Information on aggregate amount of performance payments.

If applicable, Mandatory

Nil to report

 

Assets Management

Assets Management

  

17AG(5)

Part 6

If applicable, Mandatory

52

 

Purchasing

Purchasing

  

17AG(6)

Part 6

Mandatory

51

 

Consultants

Consultants

  

17AG(7)(a)

Part 6

Mandatory

51

17AG(7)(b)

Part 6

A statement that

“During 2019-20, six new consultancy contracts were entered into involving total actual expenditure of $149,000. In addition, five ongoing consultancy contracts were active during the period, involving total actual expenditure of $211,000”.

Mandatory

51

17AG(7)(c)

Part 6

A summary of the policies and procedures for selecting and engaging consultants and the main categories of purposes for which consultants were selected and engaged.

Mandatory

51

17AG(7)(d)

Part 6

A statement that

“Annual reports contain information about actual expenditure on contracts for consultancies. Information on the value of contracts and consultancies is available on the AusTender website.”

Mandatory

51

 

Australian National Audit Office Access Clauses

Australian National Audit Office Access Clauses

  

17AG(8)

-

If applicable, Mandatory

N/A

 

Exempt contracts

Exempt contracts

  

17AG(9)

-

If applicable, Mandatory

N/A

 

Small business

Small business

  

17AG(10)(a)

Part 6

Mandatory

51

17AG(10)(b)

Part 6

An outline of the ways in which the procurement practices of the entity support small and medium enterprises.

Mandatory

51

17AG(10)(c)

-

If the entity is considered by the Department administered by the Finance Minister as material in nature—a statement that

“[Name of entity] recognises the importance of ensuring that small businesses are paid on time. The results of the Survey of Australian Government Payments to Small Business are available on the Treasury’s website.”

If applicable, Mandatory

N/A

 

Financial Statements

Financial Statements

  

17AD(e)

Part 7

Mandatory

54-77

 

Executive Remuneration

Executive Remuneration

  

17AD(da)

Part 7

Mandatory

89

17AD(f)

Other Mandatory Information

Other Mandatory Information

  

17AH(1)(a)(i)

-

If applicable, Mandatory

N/A

17AH(1)(a)(ii)

Part 6

If the entity did not conduct advertising campaigns, a statement to that effect.

If applicable, Mandatory

51

17AH(1)(b)

-

A statement that

“Information on grants awarded by [name of entity] during [reporting period] is available at [address of entity’s website].”

.

If applicable, Mandatory

N/A

17AH(1)(c)

Part 6

Outline of mechanisms of disability reporting, including reference to website for further information.

Mandatory

52

17AH(1)(d)

Part 7

Website reference to where the entity’s Information Publication Scheme statement pursuant to Part II of FOI Act can be found.

Mandatory

78

17AH(1)(e)

Part 7

Correction of material errors in previous annual report.

If applicable, mandatory

92

17AH(2)

Part 3, 4, 6, 7

Information required by other legislation.

Mandatory

22, 25-34, 45, 48, 93