Ombudsman

Ombudsman Review Answer Guide

David Stewart - 2012

Initiating Ombudsman review 1

Step 1 – Has the jurisdiction been enlivened? 1

1. Citizen complaint 1

2. Ombudsman initiated inquiry 2

3. Parliamentary referral 2

Step 2 – Can Ombudsman investigate the current matter? 2

Element 1: matter of administration/admin action? 2

Element 2: activity by department/prescribed authority/agency? 2

Element 3: any express exclusions apply? 3

Possible issue – Ombudsman’s discretion to refuse investigation 4

Possible issue – investigation powers & procedures 5

1. Informality 6

2. Procedural requirements 6

3. Consultation 6

The Ombudsman is a body that investigates complaints about gvt/public bodies and makes a report/recommendation to complainant and relevant agencies – it has no binding power.

Initiating Ombudsman review

Step 1 – Has the jurisdiction been enlivened?

Note: there are 3 ways jurisdiction can be enlivened, relevant here is:

1. Citizen complaint

The jurisdiction of the Qld Ombudsman may be enlivened by citizen complaint made [orally/in written form]: Ombudsman Act 2001 (Qld), ss 18(1)(a), 20(1) (‘OA’)/ Ombudsman Act 1976 (Cth). s 5(1)(a) (‘OA (Cth)’)

* No specific interest is required by complainant, only have to be apparently directly affected: OA, s 20(1)(b)

Power to decline to investigate exists

The ombudsman may refuse to investigate/continue investigating if (OA, s 23(1)) dot points are paragraph numbers

(a) the complaint is trivial; or

(b) the complaint is frivolous or vexatious or is not made in good faith; or

(c) the complainant does not have a sufficient direct interest in the action complained of; or

(d) both of the following apply—

(i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; AND

(ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or...