Archived news items

 

December 2011

Office closure

This office will be closed between mid day 23 December 2011 and 6 January 2012 (inclusive) for the Christmas and New Year holidays. All phone messages, emails, online inquiries/complaints will be responded to when the office reopens on Monday 9 January 2012.

2010-2011 Controlled Operations Annual Report

On 1 December 2011 the Ombudsman tabled in Parliament his 2010-2011 Controlled Operations Annual Report.

Controlled operations involve law enforcement officers or authorised civilians infiltrating criminal enterprises to gather necessary evidence to arrest or prosecute offenders. This invariably requires the participants to also commit offences.

During the 2010-2011 financial year 287 controlled operations were authorised and 127 completed. The completed controlled operations involved 177 law enforcement officers and 73 civilians. We have found no serious or significant issues during our inspections of records.

Australian Public Sector Anti-Corruption Conference 2011

The Ombudsman Bruce Barbour and several staff members attended the Australian Public Sector Anti-Corruption (APSAC) Conference 15-17 November 2011 in Fremantle, Western Australia, an event put together by the Corruption and Crime Commission Western Australia, the Queensland Crime and Misconduct Commission and the NSW Independent Commission Against Corruption.

Bruce spoke at a panel session about taser use in policing, highlighting that the monitoring and reviewing of taser use by police officers is fundamental to preventing their misuse. Bruce also gave a speech titled Risky business: the potential for improper influence in the non-government sector, calling for a consistent approach to the administration of funding in the non-government sector. He emphasised the need for oversight, integrity and corruption agencies to work together in supporting the development of appropriate practice around probity checking and funding requirements in this important area.

ANZATSA National Symposium

On 24 November the Deputy Ombudsman Steve Kinmond and Julianna Demetrius, Director Strategic Projects Division, presented a keynote speech at the National Symposium of the Australia and New Zealand Association for the Treatment of Sexual Abuse.  Their address focused on some of the major issues that have arisen from our current audit of the NSW Interagency Plan to Tackle Child Sexual Assault in Aboriginal Communities, including the need for improved mechanisms for government engagement with Aboriginal representatives at a state-wide, regional and local level, more effective accountability mechanisms for service providers and systems for protecting vulnerable children which can help to address Aboriginal disadvantage and contribute to reducing the incidence of child sexual assault. 

Aboriginal Women’s Forum 

We hosted an Aboriginal Women’s Forum in our office on 16-17 November 2011.

Through our review of the implementation of the Interagency Plan to Tackle Child Sexual Assault in Aboriginal communities, we have met with Aboriginal women from Taree and Quirindi who had shown strong leadership and worked well with local police and schools. We offered to host a meeting for the two women’s groups suggesting that it would be a good opportunity for them to meet both Aboriginal leaders and others who are doing excellent work with communities around child safety and working with vulnerable children and families.

Over the two days we heard from a number of impressive speakers including Pam Greer, Senior Education Officer, Education Centre Against Violence; Detective Inspector Linda Howlett, Joint Investigative Response Team, NSW Police Force; Nita Dowel, NSW Police’s Aboriginal Programs and Strategy Team; Dana Clarke, CEO of Burrun Dali Out of Home Care Service and Chairperson, Aboriginal Child, Family and Community Care State Secretariat; Shane Phillips, CEO, Tribal Warrior; Jenny Barker, Chairperson of the Ngemba Aboriginal Community Working Party, Brewarrina; Tammy Wright, Project Officer, Ngara Yura Program Judicial Commission of NSW; Mandy Young, Director Victims’ Services, NSW Attorney General's Department; Christine Robinson, Coordinator, Wirringa Baiya Aboriginal Women's Legal Centre; and Jenny Bedford, Director of Corporate Governance, NSW Aboriginal Land Council.  

It was an informative and inspiring forum. We look forward to working with these two groups into the future.

Free forum in Condobolin on our role in community services

The Deputy Ombudsman and Community and Disability Commissioner will be in Condobolin on 16 December to hold a free forum the role of the Ombudsman in community services. For more information, contact our community education team on 02 9286 0900 or at training@ombo.nsw.gov.au.

Don’t DIS my ABILITY Morning Tea

On Friday 2 December 2011, we will be holding a morning tea for staff to celebrate International Day of People with Disability. Georgia Cranko, an ambassador for the 2011 NSW Don't DIS my ABILITY campaign will be speaking at the event. Georgia who was born with cerebral palsy is a uni student and is building an interdisciplinary practice combining writing, photography, film-making and performance. She has received an honorable mention in the Dorothea Mackellar award for her poetry.  

November 2011

Australian Disability Commissioners Meeting

On 2 November 2011, Deputy Ombudsman & Community Services and Disability Commissioner Steve Kinmond hosted a meeting of the Disability Commissioners from across Australia and New Zealand. The Commissioners provided updates on their work and discussed a range of current issues including the NDIS and the National Disability Strategy. The Commissioners also heard from the and Ageing Disability and Home Care.

Annual Report 2010-2011 – Facts and figures

On 26 October 2011 the Ombudsman tabled his Annual Report on the work and practices of his office over the 12 months to 30 June 2011.

The report shows that we received an increased number of formal complaints and notifications compared to last year (from 8,712 to 8,917). We also finalised more complaints and notifications that the previous year (from 8,781 to 9,485).

We deal with a large number of informal matters which include telephone calls, visits to our office, and inquiries made to our staff from field trips. In these cases, we are usually able to help people by giving them information or an explanation, referring them to another agency or the agency they are inquiring about, or advising them to make a complaint to us in writing. In 2010-2011 we dealt with 24,147 informal matters.  

Annual report 2010-2011 – Proactive and systemic work

In addition to handling complaints and notifications, we undertake proactive and systemic work such as conducting audits and reviews, and visiting communities and regional centres throughout NSW.
In 2010-2011 we completed 23 agency audits and over 8,000 file audits, visited 59 regional and remote communities in NSW and consulted with 1,466 people on a range of issues. For more details of our proactive and systemic work see Figure 9 on page 12 of our annual report.

Annual report 2010-2011 –Fix problems and achieve positive outcomes

An essential part of our work is dealing with complaints from members of the public. Some of the complaints we received in 2010-2011 involved simple issues while others were more complex and systemic. For many people we helped, even the smallest outcome, like an apology, a refund or a better explanation made a significant difference.

We included dozens of case studies in our annual report to illustrate how we achieved positive outcomes for those who asked us for help. For example, we arranged for urgent repair work to be undertaken for a public housing tenant (case study 76 – p.91); we helped a driver have a conviction against him annulled and receive an apology from the NSW Police Force (case study 43 – p.57); and we made sure that a foster carer’s son with a serious criminal history was deemed not suitable to live with foster children (case study 81 – p.110).

Ombudsman released Child Death Review Team Annual Report

On 26 October 2011,  the Ombudsman Bruce Barbour tabled the Child Death Review Team Annual Report 2010 in his capacity as the Convenor of the Child Death Review Team (CDRT).

The CDRT annual report examined 589 children and young people whose deaths were registered in 2010. Some of the findings detailed in the report include: the mortality rate for Aboriginal and Torres Strait Islander children being over twice that of non-Indigenous children, a modifiable risk associated with infants deaths being identified as the infant being placed in a prone position for sleep, and six of the 14 children who drowned were considered neglect-related and will be reviewed by the Ombudsman.  

Effects of Domestic Violence on Children Forum

On 24 October 2011, Director, Strategic Projects Ms Julianna Demetrius presented at a forum on the Effects of Domestic Violence on Children organised by the Eastern Sydney Domestic Violence Committee. Julianna spoke about our work on policing of domestic violence including a recent audit of police handling of complaints about domestic violence, and our current audit of the NSW Interagency plan to tackle Aboriginal Child Sexual Assault.

Deputy Ombudsman visits the Central Coast

On 26 October, Deputy Ombudsman Chris Wheeler presented a workshop to a number of compliance officers and managers for councils in the Hunter area on the use of discretionary powers and the public interest. The presentation was well received and the discretionary powers workshop will now be made available to other region councils on request.

October 2011

Ombudsman to release annual reports

The Ombudsman Bruce Barbour is intending to release the 36th NSW Ombudsman Annual Report on Wednesday 26 October 2011. As the convenor of the NSW Child Deaths Review Team he will also be releasing the NSW Child Death Review Team Annual Report 2010 at the same time. Both reports are to be made available on our website shortly after 3:30pm on the day.

Aboriginal disadvantage report

On 13 October 2011 we tabled a report in Parliament titled Addressing Aboriginal disadvantage: the need to do things differently. The report details critical issues arising from our audit of the implementation of the NSW Interagency Plan to Tackle Child Sexual Assault in Aboriginal Communities 2006 - 2011. It brings together what we have said over a number of years about the systemic reforms needed to address Aboriginal disadvantage in NSW, and highlights the importance of taking bold approaches to the priority areas of education, building economic capacity and protecting vulnerable children in Aboriginal communities. The report builds on the findings in our December 2010 report Inquiry into service provision to the Bourke and Brewarrina communities.

Initial responses to the new report have been positive, particularly from Aboriginal leaders and organisations.  Chief Executive Officer of the NSW Aboriginal Land Council, Geoff Scott, said the report on Aboriginal disadvantage goes further than any before it by strongly acknowledging the need for Aboriginal people to be at the centre of decision-making processes around government engagement. 'It succeeds where so many have failed, simply by focusing on the facts.'

Bourke Aboriginal Community Working Party chair, Alistair Ferguson, voiced his strong support for the report’s key recommendations. 'The Ombudsman’s report is one of the most extensive, honest and practical studies on Aboriginal affairs in recent years,' Mr Ferguson said. 'It highlights the need for radical change in the way government and non-government services are managed and delivered; and Aboriginal leadership in that process.'

The CEO of the Aboriginal Child, Family & Community Care State Secretariat NSW (AbSec), Bill Pritchard, praised the thoroughness of the report. “As a community driven Peak organisation, we welcome the recommendation that local communities are best placed to find solutions to local issues and develop local service systems,” he said. “The ever increasing funding of non-Aboriginal organisations to deliver Aboriginal programs has not worked.”

The Minister for Aboriginal Affairs, Victor Dominello MP, said his government shares the serious concerns raised by the report.  'As the Ombudsman’s report indicates, there are many areas where concrete reform needs to occur, including improving service delivery and accountability in Aboriginal affairs and improving educational and employment outcomes for Aboriginal people in NSW.'

Kariong Juvenile Correctional Centre report

On 13 October 2011 we tabled a report in Parliament titled Kariong Juvenile Correctional Centre: Meeting the Challenges. This report details our investigation into the management of Kariong Juvenile Correctional Centre, an institution which houses some of the most challenging and troubled adolescent boys and young men in the NSW criminal justice system. The report focuses on the operation of the Centre’s Behaviour Management Program which determines almost every aspect of an inmate's day to day life, and calls for significant changes.

Police Standard Operating Procedure

We have worked with the NSW Police Force to develop a Standard Operating Procedure (SOP) to give guidance to police officers responding to criminal child abuse allegations against employees of agencies responsible for the provision of services to children and young people. 
As an employing agency is unable to conduct its own investigation until Police have either completed its investigation or rejected the matter, it is important that the agency is kept informed of the police investigation and any action that can be undertaken by the agency while police are conducting its own investigation.  If the matter is to be investigated by police, the SOP requires that the agency be advised of:

• the contact details of the police officer
• expected timeframes for updates
• advice as to whether the employee can be advised of the nature of the allegation
• advice as to whether the employee can be advised of the police investigation
• any known information relating to the safety, welfare and wellbeing of a particular child or young person if the investigating officer believes that the provision of information would assist the employing agency to manage any risk to such persons that might arise in the agency’s capacity as employer of the subject of the allegations.

Agencies are encouraged to refer police to the SOP which is available on the police intranet.

Revised public interest disclosures guidelines

With the proclamation of the Public Interest Disclosures Amendment Act 2011 on 1 November 2011, we will shortly be releasing six new guidelines on the following topics:

• What’s not a public interest disclosure?
• Reporting pathways
• Assessing and streaming disclosures
• Confidentiality
• Internal reporter support strategy
• Internal reporters implicated in wrongdoing.

Our first five guidelines will also be updated to incorporate the new amendments.

E-learning about public interest disclosures

Our introductory PID Awareness e-learning module delivers quick, focussed training to raise awareness about the importance of public interest disclosures. You can order this module by emailing us at pid@ombo.nsw.gov.au.   

Pacific Ombudsman Alliance board meeting

On 26 September, the Ombudsman travelled to Tonga for the Pacific Ombudsman Alliance Board meeting which was followed by a high level stakeholder meeting with the Prime Minister of Tonga and other senior Ministers. The stakeholder meeting focused on options for the Tonga Ombudsman and anti-corruption based agencies. Overall, both the board and stakeholder meetings were well received and very successful.
To find out more about the Pacific Ombudsman Alliance, visit their website.

Visit from Chinese delegation

On 30 September 2011 our staff presented to a 23 member Chinese delegation on the role and functions of our office. The officials from the Department of Supervision and Inspection of Ningxia Hui Autonomous Region were particularly interested in the Australian public administration oversight system and the way we do our business.

Carer Screening Roundtable

On 14 September we hosted a roundtable to discuss best practice in carer screening processes. The roundtable was attended by representatives from the Association of Child Welfare Agencies, the Aboriginal Child, Family and Community Care State Secretariat, Community Services, the Children’s Guardian and the Commission for Children and Young People. Participants discussed the establishment of a carer probity assessment model to be applied across NSW government and non-government designated agencies. Key policy issues relating to the screening of adults who reside in, or are closely connected to the households of authorised carers were also addressed. All attendees agreed to do further work to enhance screening processes to ensure risks to children are minimised.

NSW Aboriginal Rugby League Knock Out Carnival

Over the October long weekend our staff attended the 41st NSW Aboriginal Rugby League Knock Out Carnival in Bathurst, the largest rugby league knockout in the world and the largest sporting event involving Aboriginal and Torres Strait Islander people in the country. The Carnival is a celebration of Aboriginal culture and provides an excellent opportunity to promote positive messages and encourage community members to make a difference in their lives and the broader community. Despite adverse weather conditions around 20 000 people attended the event. Our stall was very popular with our staff distributing information to a wide range of community members and service providers. The feedback received about our service by those visiting the stall was positive.

September 2011

The power of apologies

On 20 September 2011 Deputy Ombudsman Chris Wheeler travelled to Cessnock to present a paper on the power of apologies at the 2011 Quality and Scientific Program conference. NSW is the first jurisdiction in the common law world to legislate to protect a ‘full’ apology made by any person in civil proceedings. Chris talked about the essential elements of a ‘full’ apology, the benefits and potential impact of apologies in resolving problems.

Visit from the Anti-Corruption and Civil Rights Commission

On 7 September 2011, our office hosted visitors from the Anti-Corruption and Civil Rights Commission (ACRC) from the Republic of Korea. Two of our Deputy Ombudsman - Chris Wheeler and Linda Waugh - met with the delegation and discussed the role of our office. The delegation was enthusiastic to discover more about the Ombudsman in the NSW context and the meeting provided a valuable opportunity for our office and the ACRC to share experiences.

Ombudsman staff out and about

As part of our access and equity program we regularly promote our services to the community through information sessions and participating in community events. In recent weeks our staff have:

• Presented at the Exchanging Ideas Conference for judicial officers and Aboriginal community members on 10 September. The presentation showcased our work to achieve better outcomes for the Aboriginal community, including working with other agencies to improve the operation of the Young Offenders Act 1997, reviewing the policing of bail for young people, and working with police to improve police practice and reduce complaints about bail compliance checks
• attended the Foster Care Week Carnival Day on 11 September and the Tamworth Disability Expo on 15 September to talk to members of the public about our role in community services and their rights as consumers
• made a presentation on complaint handling for community services providers at the Local Community Services Association’s Conference on 15 September
• provided a general information session on our role in community services and the rights of consumers at the Liverpool Disability Expo on 17 September
• provided a general information  on the work of the NSW Ombudsman to over 30 members of the Burwood Rotary Club on 19 September
• participated in a two-day training course for electorate staff at Parliament House on 20 September 2011, by giving a short presentation on the role and functions of the Ombudsman.

Free public interest disclosures training

The NSW Ombudsman is providing free training sessions on public interest disclosures (PID) for public sector agencies.  The PID training session gives staff and managers an overview of their agency's responsibilities under the Public Interest Disclosures Act 1994 and the roles and responsibilities of the parties involved in reporting wrongdoing.  Bookings for sessions can be made by emailing us at pid@ombo.nsw.gov.au.

Report of Reviewable Deaths 2008 & 2009: Deaths of People with disabilities in care

On 6 September 2011 we tabled in Parliament our Report of Reviewable Deaths 2008 & 2009: Deaths of people with disabilities in care. This report considers the deaths of 193 people with disabilities in care in 2008 and 2009, and made 15 recommendations that aim to improve the health outcomes of people with disabilities in care, and to reduce preventable deaths.

Keep them safe?

On 30 August 2011 we tabled in Parliament a special report titled Keep Them Safe? This report examines whether Community Services’ capacity to adequately respond to children assessed as being at risk of significant harm has improved as a result of changes to the child protection system introduced through Keep Them Safe: A shared approach to child wellbeing. Keep Them Safe is an initiative of the former government stemming from recommendations made by the 2008 Special Commission of Inquiry into Child Protection Services in NSW.  

Corruption Prevention Network

On 30 August 2011, the NSW Ombudsman and the Corruption Prevention Network jointly hosted a breakfast event on the NSW public interest disclosures system for senior public agency staff. The Hon Greg Smith MP, NSW Attorney General, delivered the keynote speech. Both the Ombudsman Bruce Barbour and Deputy Ombudsman Chris Wheeler made presentations at the event.

Deputy Ombudsman out and about

Deputy Ombudsman Chris Wheeler recently made a number of presentations on a variety of issues at various conferences and forums, including:

• a presentation on managing unreasonable complainant conduct at the Office of State Revenue on 25 August 2011
• a speech at the 21st SOCAP International Symposium titled “Government: Hypothetical Case Studies” Unreasonable complainant conduct in a virtual world on 31 August 2011
• a presentation at the Department of Education Regional Professional Support Officers Conference on managing unreasonable complainant conduct on 2 September 2011
• a presentation at the 2nd Annual Public Sector Litigation and Dispute Management Forum in Canberra titled The Power of Apology – An Effective form of Remedy in Dispute Resolution on 6 September 2011
• a presentation at the 2011 Corruption Prevention Network Conference titled Public interest disclosures – new requirements and implications on 7 September 2011

Promote our services at community events

On 2 September 2011, we held an information stall at the Disability and Carers Day during the 2011 Campbelltown Show, an event for the Macarthur community.  Our staff provided information to consumers of community services on their rights, the role of the Ombudsman, and how to go about resolving problems and making complaints.

August 2011

Report into Reviewable Deaths 2008 & 2009: Child Deaths

On 24 August 2011 we tabled in Parliament our Report into Reviewable Deaths 2008 & 2009: Child Deaths. This is our sixth report on reviewable child deaths since 2004, and the first since legislative amendments significantly changed the responsibilities of the Ombudsman for reviewing the deaths of children. The report considers the deaths of 77 children and young people that occurred as a result of abuse or neglect, or in circumstances suspicious of abuse or neglect, and the deaths of children who were living in care. Report into Reviewable Deaths 2008 & 2009: Child Deaths

More than board and lodging: the need for boarding house reform

On 16 August 2011, we tabled a special report to Parliament on the need for boarding house reform. The report draws on extensive work by this office since 2002, which has identified serious concerns about the safety, health, welfare and rights of the residents of licensed boarding houses, and the adequacy of the system that is meant to protect them. In our report, we highlight the need for concerted and sustained cross-government action to achieve real and improved outcomes for people living in licensed and unlicensed boarding houses. More than board and lodging: the need for boarding house reform

Deputy Ombudsman out and about

On 24 August, Deputy Ombudsman, Chris Wheeler made a presentation at the 2011 Annual Conference of Local Government Managers Australia (LGMA) NSW in Sydney. The theme of the conference was ‘Right Here, Right Now’ and Chris spoke on the changes to the Public Interest Disclosures Act 1994 and what this means for local government agencies.

Women and Policing Conference

On 22 August 2011 we presented a paper at the Women and Policing Conference in Hobart on our comprehensive audit of the handling of all domestic and family violence related complaints by the NSW Police Force which was subject of a report to Parliament in May this year. 

The audit provided insights into how well the NSWPF handles complaints about domestic violence and has revealed useful information about the most common complaint issues and demographic data about complainants.  The paper highlighted information from the audit about the number and details of complaints involving police officers alleged to be domestic violence offenders.  The presentation outlined our research, findings and recommendations and discussed the constructive work that NSW Police are undertaking in response. The conference Keynote Speaker, Professor Margaret Beare, from York University Law School, Toronto, Canada commended the research in her plenary speech, commenting that research of this depth had not yet been undertaken in North America.

Ombudsman visited Indonesia

On 18 July, Ombudsman Bruce Barbour travelled to Jakarta, Indonesia with the Commonwealth Ombudsman Allan Asher for a two-day meeting with newly appointed Indonesian Ombudsman to discuss ways our Ombudsman offices in Australia can provide specialist training and advice to their colleagues in Indonesia.

The Indonesian Office of the Ombudsman faces significant challenges, including the need to quickly establish policies, procedures, case management and other systems to support its investigators in Jakarta and in the network of 33 provincial offices. With the support of AusAID, our office as well as the Commonwealth and Western Australian Ombudsman have agreed to develop a multifaceted training and peer support program, starting with specialist presentations and workshops in November.

IPAA State Conference

We held an information stall at the recent IPAA NSW 2011 State Conference at the Sydney Convention and Exhibition Centre. This event provided us with a good opportunity to raise awareness among public sector employees about the new Public Interest Disclosure legislation and the role of the Ombudsman.

Public Interest Disclosures Updates

Steering Committee met

On 3 August 2011 the Public Interest Disclosures Steering Committee had its first meeting. The Committee is made up of:

• the Ombudsman, who is the Chair of the Committee
• the Director General of the Department of Premier and Cabinet
• the Auditor General
• the Commissioner for the Independent Commission Against Corruption
• the Commissioner for the Police Integrity Commission
• the Chief Executive of the Division of Local Government in the Department of Premier and Cabinet, and
• the Police Commissioner.

The Committee discussed its terms of reference, its role and strategic direction. The Committee also discussed the reporting requirements for agencies following feedback from the Ombudsman’s recent consultation paper sent to public interest disclosures practitioners. The  next meeting is scheduled for 23 November 2011. The Public Interest Disclosures Amendment Bill 2011, which is currently before Parliament, includes the Information Commissioner as a member of the Committee.
 

July 2011

Disabili-tea

On 2 August 2011 we will be holding a morning tea for all staff to show our support for the Every Australian Counts campaign, and to raise awareness about the proposed National Disability Insurance Scheme (NDIS). To find out more information about the NDIS and the campaign - Every Australia counts

Retirement Lifestyle Expo

On 22-24 July 2011 we held a combined information stall with the Commonwealth Ombudsman and The Aged Rights Services at the Rosehill Retirement Lifestyle Expo, an annual event for senior citizens. We distributed information to raise awareness of the role and functions of the Ombudsman, and our staff were available to provide general advice.

Australian Ombudsman meeting

On 7 July 2011 we hosted the Australian Ombudsman Meeting, a forum for Ombudsman from across Australia to discuss their work, achievements and issues of common concern.

OCV report tabled in Parliament

The 2009-2010 Official Community Visitor Annual Report was recently tabled in Parliament by the Minister for Disability Services. The report outlines the role of the official community visitors and discusses some key issues that visitors identified during their visits.

Official Community Visitors Annual Report 2009-2010

Report from Ombudsman consultations with families of children with disabilities

On 1 July 2011 we released a report following our consultations with over 300 parents and carers of children with disabilities across NSW. The report highlights the key issues raised by families of children with disabilities and indicates the areas that we are pursuing with government agencies.

Our consultation focused on recent experience in seeking and obtaining specialist disability and mainstream services and support. In the main, families spoke positively about the increase in services and the development of new initiatives and programs that have occurred since the commencement of Stronger Together – the NSW Government’s 10-year plan to improve and expand services to people with disability and their families. However, it is clear that there are problems in getting access to information and support, including therapy, respite and equipment. For many families, it is still very difficult to get support fast enough, and for long enough, to meet the needs of their children.

Consultations with families of children with disabilities on access to services and support - final report

Support for people with mental illness

We have commenced an inquiry into the availability and provision of supported accommodation to people with mental illness. This inquiry will consider the roles and responsibilities of Ageing Disability and Home Care (ADHC) and NSW Health in the provision of community based support and accommodation to people who are currently mental health inpatients. 

We will use targeted consultations, policy review, service system mapping and a file audit of a selected sample of inpatients to examine the problem. We will invite representatives from NSW Health, ADHC, Housing NSW, the Public Guardian, the Mental Health Review Tribunal, the Mental Health Official Visitors Program and community managed peak and consumer organisations to form a reference group to inform and support this inquiry.

Raise awareness about public interest disclosures

From 1 July 2011, we are rolling out our new public interest disclosures (PID) guidelines and model reporting policies in the next stage of our PID awareness campaign. The first five guidelines cover management commitment; internal reporting policy and procedure, including model internal reporting policies; who can report wrongdoing; what should be reported; and roles and responsibilities.

We will be delivering further guidelines over the next months to guide the public sector to implement their roles and responsibilities when handling protected disclosures. 

Inform agency staff about public interest disclosure

We are holding more information sessions on public interest disclosures for public sector authorities in August 2011, as part of our public interest disclosures (PID)  awareness and training program.  We are briefing key agency staff about the new requirements, as well as upcoming amendments and policy changes, and giving them the opportunity to network with colleagues and meet the members of our PID Unit.   

Please email us if you are interested in attending an information session pid@ombo.nsw.gov.au.

International delegations from Vietnam & China

On 30 June 2011 Deputy Ombudsman Chris Wheeler met with a group of senior Vietnamese public servants as part of their AusAID funded Public Sector Management course. Chris talked to the executive level officials about the role of the Ombudsman in oversighting public administration in NSW, and issues relating to ethics and protected disclosures.

A delegation led by the Director-General of the State Council Legislative Affairs Office of the People’s Republic of China visited our office on 1 July 2011. The Chinese officials were particularly interested in legislation and regulations for dealing with administrative complaints and appeals.

Child Safety Handbook entry

The recently launched NSW Police Legacy Child Safety Handbook has an entry about the role of the Ombudsman in child protection. The handbook aims to raise awareness about the risks to children and the steps that can be taken to protect them and keep them safe. All primary school students across the State aged five to seven will receive a copy of the handbook through their school.

Presentation to regional youth network

Our Youth Liaison Officer made a presentation on the role and functions of the Ombudsman at the Regional Youth Development Officer Network (RYDON) Conference on 27-28 June 2011 in Hunter Valley. The RYDON conference is an annual event for regional youth workers to enhance their knowledge and skills. Over 100 workers from across the state attended this year’s conference.

Calendar of training July-December released

Our calendar of training for July – December has been released. The calendar includes workshops on complaint handling, effective complaint management in the community services sector, negotiation skills, responding to child protection allegations against employees, and disability awareness. All workshops are also available in-house. Contact our community education and training unit on 02 9286 0900 or training@ombo.nsw.gov.au for more information. Click on the link below to view the calendar:

Training calendar July – December 2011

June 2011

Meeting of the Pacific Ombudsman Alliance

The Ombudsman will be travelling to the Solomon Islands to attend a meeting of the Pacific Ombudsman Alliance (POA) on 29 and 30 June 2011. The meeting will be hosted by the Solomon Islands Ombudsman, Mr Joe Poriwai and will include a celebration of the 30th anniversary of the establishment of the Solomon Islands Ombudsman's office.

Deputy Ombudsman out and about

On 16 June 2011 Deputy Ombudsman Chris Wheeler travelled to Canberra to speak to the Australian Information Commissioner and his staff on managing unreasonable complainant conduct. Chris also presented at the Local Government Internal Ombudsman's meeting on public interest disclosure issues, and delivered a workshop for Randwick Council on the same topic.

Public Interest Disclosures Update

Information sessions

At our first Public Interest Disclosures information session on 8 June 2011, we briefed public sector employees on the changes to the Public Interest Disclosures Act 1994, including the responsibilities of public sector agencies under the new Act.

As our 23 and 29 June information sessions are fully booked, we are scheduling two more sessions on 21 and 28 July 2011. Please contact us at: pid@ombo.nsw.gov.au

if you wish to attend a session.

Public Interest Disclosures Guidelines

We are on course to deliver the following five Public Interest Disclosures guidelines by 30 June 2011:

• Management commitment
• Internal reporting policy and procedure, including the model internal reporting policies
• Who can report wrongdoing?
• What should be reported?
• Roles and responsibilities.
  

These guidelines will be published on our website and emailed to agency nominated PID co-ordinators. For updates on public interest disclosures training, information and guidance, please join our PID e-news subscriber list by emailing us at: pid@ombo.nsw.gov.au

Youth week 2011

During Youth Week 1-10 April 2011, we organised and participated in a range of activities including:

• holding a competition for young people in Juvenile Justice Centres to encourage them to 'own it' by responding creatively to the question: "What are the best things about being you?" We were pleased with the number and quality of entries and are happy to announce that the winner was Sam. Sam won the first prize by submitting an outstanding poem 'People Always Say'. Two brothers, Benny and Ethan won the runner-up prize with an original song they had composed and performed
• having an information stall in the Bring it On Festival at Fairfield showground on to raise awareness of the role and functions for the Ombudsman among young people
• holding a staff morning tea featuring a guest speaker, a young woman who shared her personal experiences and about overcoming the barriers in relation to being homeless
• running a fund raising activity within the office and raised $380 for a youth related charity
  

Homeless Connect

On Tuesday 7 June 2011 we will be participating in the Sydney Homeless Connect at Sydney Town Hall. This event brings together people who are homeless with available services and support. Our staff will distribute information about the role of the Ombudsman, and be available to provide advice.

Corruption prevention forum in Queanbeyan

Deputy Ombudsman Chris Wheeler participated in the corruption prevention program organised by the Independent Commission Against Corruption at Queanbeyan on 31 May 2011. Chris delivered a speech and co-convened a workshop on the better management of protected disclosures.

Deputy Ombudsman forum

On 19 & 20 May 2011 we hosted the twice yearly Deputy Ombudsman Forum at which deputies from offices across Australian and New Zealand showcase the work and achievements of their respective jurisdiction. As well, the forum is an opportunity to discuss issues of common concern and projects such as investigation training and managing unreasonable complainant conduct.

Public interest disclosures update

Consultation forum

On 26 May 2011 we held our first public interest disclosures consultation forum. A range of senior staff from government agencies as well as union officials, academics and representatives of Whistleblowers Australia attended. Participants found the event very productive, and the feedback received will help us prepare guidance documents and training resources for agencies. For more information about the changes to the Act, visit the Public Interest Disclosures page on our website.

Information sessions

To support the second set of changes to the Public Interest Disclosures Act which come into effect on 1 July 2011, we will be holding information sessions on 8, 23 and 29 June 2011. State and local government staff will have the opportunity to hear about the changes to public interest disclosures, ask questions, network with their colleagues and meet the staff of our Public Interest Disclosures Unit.  Please contact us if you wish to attend an information session pid@ombo.nsw.gov.au. 

Visit from the Chinese Ministry of Justice

We hosted a visit from the Chinese Ministry of Justice on 19 May 2011. The delegation was in Australia on a Community Corrections Study Visit as part of an activity under the 2010-2011 China-Australia Human Rights Technical Cooperation (HRTC) Program funded by AusAID. 

Young Offenders Legal Referrals Roundtable

We convened a roundtable meeting with Legal Aid NSW, the Aboriginal Legal Service (NSW/ACT) and the NSW Police Force on 28 April 2011 to review the adequacy and effectiveness of the current referral protocols and to share information about the operation of the Young Offenders Act 1997. The forum concluded with a broad agreement on several key actions to reinvigorate and improve the use of the cooling off period through the Young Offenders Legal Referrals, and to support the involvement of respected community members in the cautioning of young people under the Act.

Ombudsman staff out and about

Our staff have been visiting regional NSW to promote the work of the office. We recently made a presentation on complaint handling for the National Disability Services’ Residential Support Workers conference in Wagga Wagga. We were also invited to present on the role of the Ombudsman, complaint handling and our work with Aboriginal Communities at the Aboriginal Legal Service Annual Conference in Terrigal.

The Rights Stuff: tips for solving problems and making complaints

The Rights Stuff: tips for solving problems and making complaints is a free workshop we offer for those who use community services, their families, carers and advocates. We delivered a number of these workshops in May during the Neighbourhood Centre Week at regional centres in NSW. The workshop covers information about community services in NSW, the role of the Ombudsman, the rights of people who use community services and provides practical information and tips to build confidence in raising issues and resolving complaints with service providers. To request a  workshop in your region, contact our Community Education and Training Unit

May 2011

Ombudsman audit of police handling of domestic violence complaints

On 24 May 2011, the Ombudsman tabled a special report ‘Audit of NSW Police Force handling of domestic and family violence complaints' in Parliament. The report summarises findings from a detailed audit of all 289 domestic violence-related complaints in 2008. Audit of NSW Police Force handling of domestic and family violence complaints

Visit by the Scottish Human Rights Commissioner

During a visit to Australia, Scottish Human Rights Commissioner, Professor Alan Miller met with Deputy Ombudsman Chris Wheeler to discuss our work and experience in relation to apologies.

Public interest disclosures e-news

We recently issued our first public interest disclosures e-news bulletin to over 100 officers of government agencies who work with protected disclosures. The bulletin contains brief information about current developments and our Public Interest Disclosures Unit team. It also has links to resources and information on our website. We intend to issue e-news bulletins whenever there is information to share or documents available for download PID e-news Issue 1 If you would like to subscribe to future editions, simply email ‘subscribe’ to pid@ombo.nsw.gov.au

Information stall at the Easter Show

On 19 and 20 April we attended the Easter Show for Senior’s Days, sharing an information stall with a number of other watchdog agencies. Our staff distributed information to raise awareness of the role and functions of the Ombudsman, and were available to provide general advice.

Master class with Dr Marian Brandon

We were fortunate to secure the services of Dr Marian Brandon, a senior lecturer in Social Work and Director of Post-qualifying Programs (Children and Families) at the University of East Anglia in the UK. Dr Brandon worked with our Child Death Review staff for a week in April reviewing and assisting with the development of our Child Death Review functions.

Dr Brandon also held a master class with staff to evaluate current child death review methods and approaches. Representatives from interstate Child Death Review Teams (CDRTs) also attended to take advantage of the Dr Brandon’s expertise. The master class provided the opportunity for a national meeting of CDRTs to discuss issues affecting all review agencies.

April 2011

New Deputy Ombudsman (Police and Compliance) starts

On 4 April 2011 Linda Waugh started her appointment to the position of Deputy Ombudsman (Police and Compliance). Linda has an extensive career in the public service, specifically in oversight agencies, having worked at the Crime and Misconduct Commission in Queensland and at the Independent Commission Against Corruption here in NSW. Most recently Linda has been working with Deloitte Touche Tomatsu as a Senior Director, Risk Services. Her experience will make her a valuable asset to the team, and we welcome her to the office.

Aboriginal Child Sexual Assault Audit

We are auditing the implementation of the NSW Interagency Plan to Tackle Child Sexual Assault in Aboriginal Communities 2006-2011. The Interagency Plan is aimed at achieving three broad goals:

• to reduce the incidence of child sexual abuse in Aboriginal communities;
• to reduce disadvantage and dysfunction in Aboriginal communities; and
• to build up Aboriginal leadership and increase family and community safety and wellbeing.
  

The following is an update on our audit work:

Julianna Demetrius, Director, Strategic Projects Division, presented at a session on Best practice and future directions in managing child sexual assault for AusAID's ALA Fellowships Program. Our Aboriginal unit recently visited Taree and Coffs Harbour to continue its consultations with agencies with responsibilities under the plan and with other stakeholders. We hosted a roundtable forum with senior police experts to discuss the policing of sexual assault and the challenges associated with this work in remote locations.

Strengthening organisational responses to abuse and exploitation of children and young people by staff or volunteers

Together with the Australian Childhood Foundation, we will deliver a number of training seminars in Perth and Hobart this year aimed at strengthening organisational responses to the suspected abuse and exploitation of children and young people by staff or volunteers.

The seminars will bring together two experts in the field of child safe organisations – Deputy Ombudsman and Community and Disability Services Commissioner, Steve Kinmond, and the CEO of the Australian Childhood foundation, Dr Joe Tucci – to examine issues and best practice approaches to ensuring the protection of children and young people by employees or volunteers with a role in caring or supporting them.

Information about the training is available on theInformation about the training is available on the Australian Childhood Foundation's website

Engaging our international partners

As a member of the Pacific Ombudsman Alliance we support new and developing Ombudsman offices by sharing our knowledge and experience. Two officers from the Papua New Guinea Ombudsman Commission, Albert Sambre, Manager Policy and Procedures, and Dickson Morehasi, Manager Human Resources, have completed a one week placement in our office. They spent time learning about how we manage our office, our governance systems and our relationships with agencies.

March 2011

Subscribe to our e-newsletter: Ombo Info

The latest issue of our electronic newsletter, Ombo Info will be released shortly. Ombo Info features updates and information about a range of our functions and activities, including reports to Parliament, news of major inquiries and reviews, and information about training provided by our Community Education and Training Unit.

The first issue of our new look Ombo Info, released in 2010, covered a range of topics including our review of the circumstances surrounding the tragic deaths of two young children; our investigation into improving service delivery to people with a mental illness; our monitoring of the use of new laws giving additional powers to police; and the delivery of training to a range of agencies and organisations. Previous issues of Ombo Info focused mainly on our work in the area of community services. While we will continue to report on this work, Ombo Info now includes updates about a broader range of our functions and activities. subscribe to receive Ombo Info, our e-newsletter

Forum on our role in community services in Orange coming up in May

On 5 May 2011 the Manager of our Community Service Division, Gary Dawson, will hold a forum in Orange to talk about our work in relation to child, family, disability and other community services in NSW. This free forum is open to anyone working in the community services sector, as well as people who use community services. For more information about the forum, email training@ombo.nsw.gov.au

National Youth Week 1-10 April 2011

During this year’s National Youth Week, our Youth Liaison Officer Paula Black as well as a number of our staff will be participating in various events.   We will have an information stall at the “Bring it on” festival in Fairfield on Sunday 10th April. Young people will be able to participate in a giant Jenga game. Those who participate will be eligible to be in a raffle which will be drawn later in the day.

We have also invited a young woman to speak at our youth week staff morning tea about her personal experiences and overcoming barriers in relation to being homeless and staff will also be raising money to donate to a charity nominated by our guest speaker. Advice about other activities will be provided when finalised.

Staff attend SOPAC 2011

Two staff from the Corporate Branch attended the annual Institute of Internal Auditors (IIA) annual SOPAC conference. Held in Melbourne, the conference was an opportunity to learn about developments in internal auditing, governance and risk management related practices in both the public and private sectors. The conference attracted national and international speakers.

Annual regional Ombudsman meeting in Taiwan

The Ombudsman has just returned from the annual meeting of the Australasian and Pacific Ombudsman region (APOR) of the International Ombudsman Institute. A broader conference was hosted by the Taiwanese Control Yuan, with Mr Barbour delivering a speech entitled Ombudsman and Human Rights: Working with Vulnerable Communities. The Ombudsman’s speech will be available on our website shortly.

Child Death Review Team

As of February 2011 the responsibility for supporting the work of the Child Death Review Team transferred from the Commission for Children and Young People to the NSW Ombudsman. The Child Death Review Team consists of the Ombudsman (who is also the convenor); the Commissioner for Children and Young People; representatives from the Departments of Human Services, Health, Education and Training, Justice and Attorney General, the NSW Police Force, and the Office of the NSW Coroner; and individuals with expertise in relevant fields.

The work of the Team involves maintaining and analysing a register of the deaths of all children and young people (aged under 18 years) in NSW order to identify trends in those deaths. They also undertake research and make recommendations as to legislation, policies, practices and services to prevent or reduce the likelihood of child deaths. Every year the Team provides a report to Parliament about its work and activities. information about our work and activities into reviewable deaths.

International Women’s Day

On Saturday 12 March, we had an information stall at Martin Place to celebrate the centennial of International Women’s Day. Our staff distributed information material to raise awareness among women of the role and functions of the Ombudsman, and were available to provide face to face advice.

Outreach activities for Aboriginal and Torres Strait Islander people

Staff from our Aboriginal Unit will be visiting communities in Narrabri, Moree and Glenn Innes on 22-24 March 2011 as part of the Good Service Forum. NSW Ombudsman, along with a number of other complaint handling agencies will talk about the free complaint handling services available for Aboriginal and Torres Strait Islander people.

On 11 March 2011 we made a presentation on our special report to Parliament Improving service delivery to Aboriginal people with a disability at the NSW Aboriginal Community Care Gathering Committee Conference in Wollongong organised by the Council of Social Service of New South Wales (NCOSS).

Managing unreasonable complainant conduct

Deputy Ombudsman Chris Wheeler recently delivered a number of speeches on managing unreasonable complainant conduct at various forums, including the Australian Taxation Office Alternative Dispute Resolution Group meeting in Canberra and the Decision Making and Judgment Writing seminar at University of Sydney.

Correctional centre visit

In the past few weeks Ombudsman staff have visited correctional centres at Parklea in Sydney and Grafton in the north of the state.  On both visits our staff met with Corrective Services NSW staff and interviewed inmates about a range of matters.  While the issues raised by inmates on these visits usually relate to their day-to-day problems in custody, our staff also provide information about other areas of our work involving agencies such as NSW Police, Housing, SDRO, NSW Trustee and Guardian, Community Services, the RTA and local councils.

Indigenous young people and the criminal justice system

We have recently made a submission to the Inquiry into the high level of involvement of Indigenous juveniles and young adults in the criminal justice system. Our extensive work with Aboriginal communities in NSW has confirmed the critical importance of intervening early to provide young Aboriginal people and their families with coordinated, effective support.

Submission: Inquiry into the high level of involvement of Indigenous juveniles and young adults in the criminal justice system

Inquiry into the high level of involvement of Indigenous juveniles and young adults in the criminal justice system

Continued implementation of whistleblower reforms

On Thursday 3 March various amendments to the Protected Disclosures Act 1994 were proclaimed to commence. Amongst other changes, what was called the Protected Disclosures Act 1994 has been re-named the Public Interest Disclosures Act 1994.
Changes to the Act introduced by the Protected Disclosures Amendment (Public Interest Disclosures ) Act 2010 will commence in three stages:

• the first set of changes began on Thursday 3 March, including a provision that protected disclosures can now be made internally (as well as to the Information Commissioner) about a failure to exercise functions in accordance with the Government Information (Public Access) Act 2009,
• the second set of changes begin on 1 July 2011, which include a new oversight role for the Ombudsman, new options for people who believe they have suffered or are threatened with retribution for making a protected disclosure, and a new agency obligation to have policies and procedures in place, and
• the third and final set of changes will commence on 1 January 2012, which relate to a new agency obligation to report annually on their work with protected disclosures from their staff.

For more information, contact our office, or email pidu@ombo.nsw.gov.au or vist the Public interest disclosure page.

February 2011

Disability Roundtable

Deputy Ombudsman and Community and Disability Services Commissioner, Steve Kinmond, yesterday convened a roundtable meeting of peak disability organisations. These meetings provide a useful forum for exchanging information about issues of concern affecting people with disability, and the current work and priorities of our office and the attending organisations.
Issues discussed at yesterday’s roundtable meeting included:

• The closure of large residential centres and compliance of replacement accommodation with the Disability Services Act;
• The rights of people with disability in licensed boarding houses;
• Self-directed funding and the need for planning regarding safeguards, probity, and training;
• People with mental illness and access to appropriate accommodation and support;
• Access of people with disability to social housing; and
• Current actions in relation to early childhood intervention.

Mardi Gras Fair Day

On Sunday 20 February 2011 we held an information stall at the 2011 Mardi Gras Fair Day at Victoria Park, Sydney. Our staff distributed information about our office and provided advice to people who visited our stall and sought our help.

University Complaint Handlers Forum

On 18 February 2011 we hosted the third University Complaint Handler’s Forum, which was attended by representatives from all but one of the public universities in NSW, and a representative of the Commonwealth Ombudsman. As well as a focus on the continuing relevance of the Guidelines for University Complaint Handlers published in 2006, there were presentations and discussion on the topics of disciplinary procedures, the impact of new social media on complaint handling, and on recent legislative changes to public interest disclosures.  

Ombudsman staff at Pacific meeting

A senior staff member from our office attended the recent Pacific Ombudsman Alliance (POA) Board meeting. The POA, funded by AusAid, provides support and assistance to Pacific nations with newly established Ombudsman offices, and countries looking to develop or improve oversight systems. Our staff member provided a report to the POA Board about our involvement in providing assistance and support for the Vanuatu Ombudsman’s Office, including the outcomes of a recent POA-sponsored forum in Port Vila that brought together a number of Vanuatu leaders to discuss proposed changes to the Vanuatu Ombudsman’s legislation.

OCV Recruitment

In October 2010 we commenced recruitment for Official Community Visitors and have recently appointed twelve new Visitors from across the state. These new Visitors will commence their visit schedule in March 2011. Five current Visitors have been reappointed for their second three year terms.

Office of the Children’s Guardian, Official Community Visitors and Ombudsman Memorandum of Understanding

The Children’s Guardian, Ombudsman and Official Community Visitors have entered into a Memorandum of Understanding (MOU) that sets out how they will work together to promote the best interests of children and young people in statutory/supported residential out-of-home care. The MOU seeks to ensure that relevant information about statutory/supported residential out-of-home care services is shared between the agencies involved.
Click on the link below to access a factsheet that outlines the details of the MOU: Cooperative arrangements between the Children’s Guardian, Ombudsman and Official Community Visitors

Ombudsman outreach activities

Deputy Ombudsman Steve Kinmond will be speaking at the National Disability Services Conference - ‘Walk the Talk together’ on 15 February 2011. This annual conference is regarded as the policy centrepiece for the disability services sector. Steve will be speaking about the Ombudsman’s key themes and priorities for 2011.

On 30 March Steve will hold a forum in Taree to talk about our work in relation to family and disability services in NSW. This free forum is open to anyone working in the community services sector, as well as people who use community services. For more information about this forum email training@ombo.nsw.gov.au

Managing unreasonable complainant conduct

Deputy Ombudsman Chris Wheeler spoke at the Resolve User Group Conference in Brisbane on 8 February 2011.  Chris shared his extensive experiences and expertise in managing unreasonable complainant conduct and maintaining an ongoing relationship with a complainant.

New training workshop – Disability Awareness Training

Our 2011 calendar of training includes a new workshop – Disability Awareness Training. This workshop - will allow participants to work more effectively and confidently with people with a disability, and to explore strategies for establishing a disability-friendly workplace. The workshop offers participants a general awareness of disability and focuses on attitudinal and practical issues for people with disability. Disability Awareness Training

Asbestos report

On 17 November 2010, we tabled our report 'Responding to the asbestos problem: The need for significant reform in NSW' in Parliament . Following the release of this report both the NSW government and the opposition have given a commitment to provide funding to complete the minimum clean up required for the abandoned Woodsreef Mine at Barraba, NSW.  A formal response to all of the report’s recommendations, which includes the establishment of an Asbestos Authority and the introduction of asbestos specific legislation, is due in May 2011.

Tasers

We are currently reviewing the use of Taser weapons by the NSW police force. This is the second review we have conducted. The first was completed in 2008 and related to the use of Tasers by specialist units and senior police. While the Ombudsman found their use to have largely been appropriate, he identified some failings in the systems surrounding the use of the weapons. He recommended a two year moratorium on a further roll out of Tasers to allow these problems to be corrected.  Rather than delaying any further roll out, the Government moved forward, providing Tasers to all first response police. There are now almost two thousand Tasers in use. The current review will comprehensively examine what has taken place since 2008.

January 2011

2011 NSW Ombudsman website survey

We are currently redeveloping our website. To help us, we are seeking your views on why you visited our site, how easily you found the information you needed and what gaps there might be. Visit our website survey.

9th National Investigations Symposium, November 2012

The National Investigations Symposium is a biennial event for public sector investigators and complaint-handlers run by the NSW Ombudsman, ICAC and the Institute of Public Administration Australia (NSW Division). The 8th National Investigations Symposium, which was held in November 2010, covered a mix of topical issues, investigative techniques and case studies, attracting over 250 delegates from more than 80 agencies across Australia, New Zealand and the Pacific Region. The 2012 symposium is in its planning stage. For more information email info@nsw.ipaa.org.au.

 

Training and workshop calendar for 2011 released

We provide a number of workshops on dealing with complaints, rights of consumers of community services, child protection policy development for agencies, as well as information sessions about various aspects of the work of the Ombudsman. For details of our training program for February to July 2011, Upcoming workshops

Public Interest Disclosures Act

On 27 October 2010, the NSW Parliament passed the Protected Disclosures Amendment (Public Interest Disclosures) Act 2010.

This Act amends the Protected Disclosures Act to make some important changes to the system through which public sector staff can disclose information about serious and systemic problems within the public sector, for the purpose of fixing those problems. Significantly, the Act will be re-named the Public Interest Disclosures Act, to make it clear that disclosures of this kind are made in the public interest.

The Ombudsman has been given additional responsibilities which will take effect when the Amendment Act is commenced later this year. We are actively developing guidelines to support agencies to prepare for and implement the changes.

 

International Day of People with a Disability On 3rd December we celebrated International Day of People with a Disability. Steve Kinmond, the Deputy Ombudsman and Disability Services Commissioner, hosted this event which included presentations by two Don’t DIS my ABILITY ambassadors - Audrey O’Connor and Gerard O’Dwyer – as well as an exhibition of artworks by students from St Lucy’s School. We were able to negotiate with the building managers to display some of the artwork in the buildings foyer, which promoted the event as well as St Lucy’s School more broadly. The Ombudsman was once again a sponsor of the Don’t DIS my ABILITY campaign.

Deputy Ombudsman out and about

Deputy Ombudsman Chris Wheeler attended the Deputy Ombudsman Conference on 18-19 November 2010 in Melbourne. During the months of November and December Chris conducted four training workshops on Management of Unreasonable Complainant Conduct across the State, made a presentation on Better Management of Protected Disclosures, and presented to a delegation from the Kenyan Anti-Corruption Commission.

On 25 November Deputy Ombudsman Steve Kinmond made a presentation on the work of this office at the Connexions Conference, organised by Northern Sydney Central Coast Area Health Service at Wyong. Steve also provided two training sessions to Board of Studies on employment related child protection issues.

Ombudsman attends police oversight forum

The Ombudsman recently met with the heads of Australian and New Zealand police oversight bodies. The meeting, held in Wellington, was an opportunity to share experiences from the year, as well as discuss future challenges and opportunities.

African Summer Festival

On Saturday 4 December 2010 we held an information stall in partnership with the Commonwealth Ombudsman at the 2010 African Summer Festival in Parramatta Park. The African Summer Festival provides us with a unique opportunity to generate awareness amongst African communities of the role of the Ombudsman and the services we provide.

November 2010

Special Report to Parliament

On 17 November 2010, the Ombudsman tabled a report to Parliament entitled 'Responding to the asbestos problem: The need for significant reform in NSW '. The report details the Ombudsman’s concerns about public safety and the way asbestos is dealt with in NSW. 

Responding to the asbestos problem: The need for significant reform in NSW

For more information Asbestos in NSW

Controlled operations annual report

On 17 November 2010 the Ombudsman tabled in Parliament his 2009-2010 controlled operations annual report. The report details the Ombudsman Office’s work and activities under the Law Enforcement (Controlled Operations) Act 1997 during the financial year ending 30 June 2010.

Click on the link below to access a copy of the report:
Law Enforcement (Controlled Operations) Act 1997 annual report 2009-2010

Office closure

This office will be closed between mid day 24 December 2010 and 7 January 2011 (inclusive) for the Christmas and New Year holidays. All phone messages, emails, online inquiries/complaints will be responded to after the office reopens on Monday 10 January 2011.

Deputy Ombudsman retires

Deputy Ombudsman Greg Andrews, who headed our Police & Compliance Branch, retired from the office on 10 November 2010. Greg started working at the Ombudsman’s Office in 1981 and has made a substantial contribution to shaping public administration in NSW. Before taking up his position as Deputy Ombudsman several years ago, Greg headed our General Division as Assistant Ombudsman for 14.5 years. In addition to his excellent work for our office, Greg has also helped a number Pacific Island Ombudsman to advance their offices and increase their independence. Greg will be sorely missed, and we wish him all the best in his retirement.

8th National Investigation Symposium

The 8th National Investigations Symposium was held in Manly from 3-5 November 2010. The symposium, co-hosted by the NSW Ombudsman, the Independent Commission Against Corruption (ICAC) and the Institute of Public Administration NSW, attracted over 250 delegates from over 80 agencies across Australia, New Zealand and the Pacific Region. The symposium featured a mix of workshops and presentations on topical issues, investigative techniques and case studies, as well as networking opportunities. 8th National Investigation Symposium

Special Report to Parliament

On 4 November, the Ombudsman tabled a report to Parliament titled Unresolved issues in the transfer of the NSW Child Death Review Team to the Office of the NSW Ombudsman. In April 2009, the NSW Parliament passed legislation that would transfer responsibility for the NSW Child Death Review Team from the Commission for Children and Young People to the NSW Ombudsman. This report details the issues that have arisen in implementing this decision of Parliament, and the difficulties we experienced in working to achieve a new and effective system for reviewing and learning from the deaths of children in NSW. Unresolved issues in the transfer of the NSW Child Death Review Team to the Office of the NSW Ombudsman

Training for Pacific Ombudsman

On 3 November 2010 we held a workshop for members of the Pacific Ombudsman Alliance, focusing on investigation techniques. The workshop was attended by Ombudsman staff from the Cook Islands, Papua New Guinea, Samoa, the Solomon Islands and Vanuatu. We also provided a week-long training program to a staff member from the Vanuatu Ombudsman’s Office on corporate and business planning, performance management, record management and other administrative topics.

Ombudsman annual report

On 20 October 2010 the Ombudsman tabled in Parliament the 35th NSW Ombudsman annual report. The report details the work of the office during the financial year ending 30 June 2010. NSW Ombudsman annual report 2009-2010

 

October 2010

Ombudsman speaks at Education Law Association Conference

The Ombudsman recently delivered a keynote address at the 19th Australian and New Zealand Education Law Association Conference. ANZELA conference paper

Ombudsman annual report

The Ombudsman will be releasing his annual report on Wednesday 20 October 2010. This year marks the 35th anniversary of our office. The annual report will provide an account of our work in 2009-2010 including statistics on complaint numbers and other work we do. We have also taken the opportunity to reflect on our work and our office over the last 35 years.

Position vacant: Deputy Ombudsman

We are currently recruiting for the position of Deputy Ombudsman (Police & Compliance). The Deputy Ombudsman heads one of our principal business units the Police and Compliance Branch. For more information contact Delphine Mignon at Hays on 02 9221 5852.

Special Report to Parliament

On 21 September, the Ombudsman tabled a report to Parliament entitled Improving service delivery to Aboriginal people with a disability. This report presents the findings of our review of the implementation of Ageing, Disability and Home Care's (ADHC) Aboriginal Policy Framework and Aboriginal Consultation Strategy, released in 2005 to guide ADHC's staff to improve service delivery to Aboriginal people. Our review has identified a number of positive steps made by ADHC to implement its commitment in a practical way, as well as a range of areas where ADHC's focus can be strengthened. Improving service delivery to Aboriginal people with a disability

September 2010

Ombudsman amendment bill

Before the end of the last session of Parliament, the independent Member for Port Macquarie, Peter Besseling, introduced the Ombudsman Amendment (Legal Professional Privilege) Bill 2010. This bill implements the recommendation to amend the Ombudsman Act outlined in the Ombudsman’s special report to Parliament: Removing nine words: legal professional privilege and the NSW Ombudsman. The Bill has been passed by the Legislative Assembly, and is awaiting debate in the Legislative Council.

Crimes Amendment (Terrorism) Bill 2010

The Crimes Amendment (Terrorism) Bill provides our office with an ongoing role to keep under scrutiny the use of covert search warrants in respect of a suspected terrorist act. We will be required to report on the use of the warrants every three years. The Bill has been passed by the Legislative Assembly, and is awaiting debate in the Legislative Council.

Ombudsman speaks at the Corruption Prevention Network Conference

The Ombudsman delivered one of the keynote speeches at the annual Corruption Prevention Network conference on 9 September. Click on the link below to access a copy of the Ombudsman’s paper:Living up to the standards

Don’t DIS My ABILITY campaign

This year we have again become a sponsor for the Don’t DIS my ABILITY campaign to celebrate International Day of People with a Disability, a special day designated by the United Nations to celebrate and recognise the achievements, contributions and abilities of people with a disability. The campaign is a NSW government initiative that aims to change misconceptions surrounding disability and create an environment that encourages participation in careers, leisure pursuits and social activities.

For more information about International Day of People with a Disability and the Don’t DIS My ABILITY campaign, Don’t DIS my ABILITY

Ombudsman made submissions to Parliamentary inquiry

The Legislative Council is currently conducting an inquiry into the quality, effectiveness and delivery of services provided or funded by the Department of Ageing, Disability and Home Care (ADHC). Under the Community Services (Complaints, Reviews and Monitoring) Act 1993 the Ombudsman plays a key role in relation to people with disabilities. The Ombudsman has made two submissions to this Inquiry. Click on the links below to access a copy of the submissions:

Submission: Inquiry into services provided or funded by ADHC for children with disabilities

Submission: Inquiry into services provided or funded by ADHC

Special Report to Parliament

On 26 August, the Ombudsman tabled a report in Parliament entitled People with disabilities and the closure of residential centres. This report draws on extensive work by the Ombudsman in examining the support for people with disabilities living in residential centres operated by Ageing, Disability and Home Care (ADHC). Our engagement with the community on this issue has reinforced the importance of providing people with disabilities and their families with a broad range of accommodation and support options, a flexible approach, and meaningful inclusion and partnership in planning for the future.
Click on the link below to access a copy of the report:
People with disabilities and the closure of residential centres

Ombudsman presents youth week prize

As part of youth week in 2009, we held a competition for legal studies students from across NSW. Students were asked, in 100 words or less, to outline why the Ombudsman is important for young people. The winning entry came from James McQuiggin, a student at Mudgee High School. On 6 August, 2010 the Ombudsman traveled to Mudgee to present James with his prize and took the opportunity to speak to the students at Mudgee High about the work of his office.

July 2010

Deputy Ombudsman attending conflict coaching training

As part of our involvement in the ongoing Managing Unreasonable Complainant Conduct Project being undertaken by the Australasian Parliamentary Ombudsman, we are exploring various approaches that may be helpful in the management of such conduct. We have become aware of a relatively new approach to helping people constructively manage conflict called ‘Conflict Coaching’. Conflict coaching can be described as a structured process that helps people, on a one on one basis, to develop or enhance their skills, knowledge and competencies to more effectively engage in and manage interpersonal conflict. To assess the relevance of this approach in the complaint handling context, Deputy Ombudsman Chris Wheeler recently attended a four day conflict coaching for practitioners training course in Victoria.

Review of CINs

The Ombudsman Review of the impact of Criminal Infringement Notices on Aboriginal communities report was tabled in Parliament on 22 July 2010 by the Attorney General.

Criminal Infringement Notices (CINs) provide police with an option for dealing with adults who are suspected of certain minor offences that are usually characterised as criminal in nature. After a five-year trial in 12 locations,  the scheme was extended to the rest of NSW in late 2007.Parliament required the Ombudsman to conduct a review of police use of the scheme, including how the provisions impact on Aboriginal and Torres Strait Islander communities.

The Ombudsman’s review identified risks associated with the use of CINs including the risks of net increases in sanctions (some offenders may be issued with CINs in circumstances where previously they would have been warned or cautioned), and CINs recipients becoming entrenched in the fines enforcement due to their failure to pay the fine. The report contained 25 recommendations and highlighted the need for further reforms to the fines enforcement system. Review of the impact of Criminal Infringement Notices on Aboriginal communities

Managing Unreasonable Complainant Conduct Focus Groups

As part of the second stage of our research into managing unreasonable complainant conduct, we have scheduled a number of focus groups targeting agencies who maintain an ongoing relationship with those exhibiting unreasonable conduct.

To date we have held focus groups in Canberra, Brisbane, Adelaide and Perth. One focus group was held in Sydney earlier this month, with another later this month. These groups have provided us with valuable information about the nature or scope of the problems experienced by agencies, as well as the strategies and approaches agencies have used to deal with unreasonable complainant conduct. We have also used the group sessions to discuss different methods agencies have used to try and rebuild a productive relationship between the complainant and the agency.
At the conclusion of the focus groups we plan to revisit and if necessary update the Managing Unreasonable Complainant Conduct Practice Manual

Whistling While They Work

On 15 July, we hosted a lunchtime seminar entitled Whistleblowing law reform in the USA and Australia: challenges and next steps.The seminar gave an overview of reform trends across Australia and in the United States, identifying key challenges ahead for public, corporate and employment lawyers. Approximately 80 people attended the seminar to hear from Professor Terry Working from Indiana University and Professor AJ Brown from Griffith University. Whistleblowing law reform in Australia: challenges and next steps

OCV Online

OCV Online became active on 1 July. This new system replaces the previous paper-based system and greatly simplifies the interaction between our office and the official visitors. Early feedback is extremely positive, with the visitors telling us they are finding the new system very easy to use.

Better support for victims of violent crime

On 30 June, the Ombudsman tabled a special report to Parliament entitled The need to better support children and young people in statutory care who have been victims of violent crime. This report concerns our office’s investigation into Community Services’ handling of victims compensation claims for children and young people under the parental responsibility of the Minister for Community Services.
We found that there are significant deficiencies in Community Services’ identification and handling of victims compensation claims for children and young people in out-of-home care. Despite the agency’s obligations under the Charter of Victims Rights, children and young people who are eligible to make a claim are often not being identified. For those who are identified, Community Services’ processing of their claim is often poorly handled.
Community Services are currently working towards implementing our recommendations, and we will be carefully monitoring their progress in bringing about change. Click on the link below to access a copy of the report:
The need to better support children and young people in statutory care who have been victims of violent crime

Young people leaving care

We recently finalised a report outlining the findings and recommendations arising from our review of a group of young people leaving statutory care in 2009. We found that, despite the accepted importance of leaving care planning and support, a significant number of young people are leaving care without either.
While Community Services has outlined a number of improvements to leaving care practice and provision of after care support, we remain concerned that this aspect of casework practice has been inconsistently and poorly dealt with. Review by the Ombudsman of the planning and support provided by Community Services to a group of young people leaving statutory care.

GIPA Act comes into force

The Government Information (Public Access) Act 2009 (GIPA Act)came into force on 1 July 2009. The GIPA Act replaced the Freedom of Information Act 1989. The new Act gives members of the public a right to:

• obtain access to information held by NSW government authorities, ministers, councils and other public agencies unless there is an overriding public interest against release
• request amendments to records of a personal nature that they believe to be inaccurate, incomplete, misleading or out of date, and
• complain about or seek a review of a decision not to grant access to information or to amend personal records.

The GIPA Act also requires government agencies to make more information easily available without requiring an application. This is known as open access information. We are currently finalising our publication guide, which will be available online. To access much of the information required under GIPA, go to the “About Us” section of our website. For more information about the new Act, go to the NSW Information Commissioner’s website: www.oic.nsw.gov.au

NAIDOC week 7-11 July

NAIDOC Week celebrations are held across Australia each July to celebrate the history, culture and achievements of Aboriginal and Torres Strait Islander peoples. NAIDOC is celebrated not only in Indigenous communities, but by Australians from all walks of life. The week is a great opportunity to participate in a range of activities and to support your local Aboriginal and Torres Strait Islander community.
NAIDOC originally stood for 'National Aborigines and Islanders Day Observance Committee'. This committee was once responsible for organising national activities during NAIDOC Week and its acronym has since become the name of the week itself.  At the same time, the second Sunday in July became a day of remembrance for Aboriginal people and their heritage.
Staff from our Aboriginal Unit will be taking part in a number of different NAIDOC week events. This will include hosting stalls at events in Campbelltown, Penrith and Mt Druitt. These events are a great opportunity for us to meet and greet people from the community and other organisations working with Aboriginal communities. For more information about NAIDOC week, visit the website: www.naidoc.org.au.