Elizabeth College Sam Christensen

The Office of the Ombudsman: investigates complaints or issues about the administrative actions of public authorities is an advocate for complainants; and opened its doors in Two truths and a lie

 Lots of different types of Ombudsman ◦ parliamentary ombudsman (our office is one) ◦ industry specific ombudsman (e.g Telecommunications Ombudsman, Financial Services Ombudsman, Airport Noise Ombudsman)  Special mention: Fair Work Ombudsman There is more than one…

 To improve administrative processes Case Studies Gift of a complaint – Taswater and undercharges Condom vending machines at EC  Have the administrative actions been reasonable? ◦ Section 28 of the Ombudsman Act 1978 Tasmanian Ombudsman’s Purpose

Animal Health Act 1995 – A General Authority and Viral Haemorrhagic Septicaemia (VHS). “I was delighted at your prompt response, and the comprehensive answer to a question which has vexed me for years. I am quite satisfied with your answer because I would not wish to harm the fishing industry willingly or otherwise. …For me personally it means that I have to have a voracious meal of rollmops, every time I am on that big island above Tasmania on the map.” Reasons - Often an explanation is all that’s required

 Attempted to resolve it first?  Relates to a Tasmanian public authority (exportation of Tasmanian Tigers from Turks and Caicos Islands)  personally aggrieved – Can your parent make a complaint on your behalf?  Generally a two year time limit – (I lost my motorbike licence in 1976)  Alternative right of review? (Council rates are unconstitutional!) Jurisdiction – Limitation on powers

 Complaint needs to relate to an administrative action  a very broad meaning – an action in the performance of the executive function of government (as opposed to the judiciary or the legislature) Case Studies Can be hard to find - Beauty Point Landslip Act 1970 Unlawful detention of a 14 year old for 86 days What is an ‘administrative action’?

 Section 20A – preliminary inquiries v formal investigation  Powers to obtain information – equivalent to a Royal Commission – can even obtain legally privileged documents  Can make recommendations but no power to force an agency to comply  Relies on the power of persuasion Powers of the Ombudsman

 Health Complaints Commissioner –takes complaints from health service users against health service providers  Energy Ombudsman Act 1998 – e.g Aurora  External review of Right to Information decisions  Inspects telephone intercepts and surveillance devices records  Investigates whistle blowing complaints Public Interest Disclosure Act 2002 The Ombudsman’s many roles

 A complaint generally needs to be in writing but can be made orally (e.g Prisoners can contact our office over the phone)  Call us on to request a complaint form be sent in the mail or use our online complaint form –  Making a complaint is free How to make a complaint

 Freecall:  