Office of the Ombudsman and Health Complaints Commissioner

Office of the Ombudsman and Health Complaints Commissioner Elizabeth College Sam Christensen

Two truths and a lie 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 1979.

There is more than one… 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 www. fairwork. gov. au

Tasmanian Ombudsman’s Purpose 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

Reasons - Often an explanation is all that’s required 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. ”

Jurisdiction – Limitation on powers 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!)

What is an ‘administrative action’? 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

Powers of the Ombudsman Section 20 A – 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

The Ombudsman’s many roles 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

How to make a complaint 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 1800 001 170 to request a complaint form be sent in the mail or use our online complaint form – www. ombudsman. tas. gov. au Making a complaint is free

Questions? Freecall: 1800 001 170 Email: ombudsman@ombudsman. tas. gov. au www. ombudsman. tas. gov. au