Latest media releases

24 June 2009

Investigation into child death

The following statement by NSW Ombudsman Bruce Barbour is in response to media requests for information in relation to a matter that is currently before the courts.

‘In a media release on 6 November 2007, I stated that my office had commenced an investigation into the circumstances leading to the death of a seven year old girl. This investigation was to assess the interaction and involvement of several government agencies with the girl and her family.

The investigation was completed in November last year, and was provided to all involved agencies and relevant Ministers.

I will be making a detailed special report to Parliament in relation to this matter once the criminal proceedings, including sentencing, have been finalised. This will provide information about my findings and recommendations.

I will not be commenting further on this matter while it is still before the Courts, as I do not wish to prejudice the proceedings in any way.’

5 May 2009

Ombudsman reviews key policing powers and responsibilities

The NSW Ombudsman’s report reviewing certain functions under the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) was tabled in Parliament today.

The Act, which commenced in 2005, incorporates many key policing functions, setting out both the powers and responsibilities of police when exercising those powers with the aim of making the laws simpler and more accessible to both police and the community.

Three areas of significant reform were singled out by Parliament for review namely, the powers and safeguards relating to personal searches on arrest and in custody, the powers in relation to crime scenes and the power to obtain documents held by financial institutions using a notice to produce. 

The two year review found that while the objectives of these provisions under LEPRA are largely being met, there is scope for further clarity in the legislation and improvement in police practice. 

The review found that officers vary in their understanding of, and compliance with, the personal search provisions, which could be clearer and more consistent. “This legislation goes to the heart of operational policing.  It is vital that it is clear, simple and practical to ensure that the powers and safeguards are applied effectively and fairly across the board” said the Ombudsman, Bruce Barbour. Mr Barbour has recommended a number of legislative amendments which aim to simplify the personal search regime.

In relation to the establishment of crime scenes, the Ombudsman has recommended legislative amendments to clarify occupier’s rights. “The crime scene powers in the Act must be coupled with appropriate safeguards particularly for occupiers’ of private premises”, Mr Barbour said.

The Ombudsman has also recommended that the NSW Police Force encourage officers to use plain English wherever possible, improve record keeping practices to increase accountability and reduce duplication, and develop standard operating procedures for the exercise of crime scene and notice to produce functions to make sure that officers have clear and consistent guidance.

A snapshot of findings and recommendations is provided below and full details are contained in the report including our findings from the survey of people facing charges in the NSW Local and Children’s Court regarding personal searches (Appendix 1).

Snapshot of findings and recommendations

The Ombudsman’s review of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) focussed on personal searches on arrest and in custody, crime scenes, and notices to produce documents held by financial institutions. The following snapshot outlines the research findings and recommendations from the review conducted between December 2005 and November 2007.

Personal searches – Part 2 and Appendix 1

• The majority of searches (90%) were recorded as searches in custody.
• Police recorded most searches as ordinary (75%) or frisk (20%) searches, which are very similar in practice.
• A small proportion of searches (5%) were recorded as strip searches by police. This included 884 strip searches involving children, only 6% of which noted that a support person was present as required under the Act.
• Information obtained from the NSWPF and the survey of people facing court suggests that a typical frisk or ordinary search in the field involved a search in a public place by a uniformed officer of the same sex as the person who did not provide their details or a reason for the search. The survey also suggests that searches of this kind generally took less than 5 minutes and included a pat down of the person’s arms, legs and pockets.
• The Ombudsman has recommended amendments to simplify and clarify the personal search provisions. These recommendations include: condensing the search types into two tiers that correspond with the search safeguards; clearly defining key terms such as ‘lawful custody’ and ‘body cavity’ for the purpose of personal searches; tightening the support requirements for a strip search involving a child or person with impaired intellectual functioning; and adjusting the requirements for strip searches to reflect differences in the safety, evidence, privacy and dignity considerations that police must attend to in custody and in the field.
• The Ombudsman has also recommended changes to police procedures to encourage police use of plain English in all dealings with the public and streamline and strengthen record keeping processes for strip searches to improve accountability and reduce duplication.

Crime scenes – Part 3

• Information provided by the NSWPF and Local Court suggests that a typical Crime Scene Warrant (CSW) application was made by fax after hours regarding a suspected assault, fire incident or deceased person and took an authorised officer less than an hour to consider.
• Most CSW applications (64%) were made outside court hours and most (92%) were granted. Of the small proportion of CSW applications refused, most were due to a lack of evidence that a serious indictable offence had occurred.
• The Ombudsman has recommended amendments to the crime scene provisions to protect the rights of occupiers and make CSWs more practical. These recommendations include: providing occupiers of private premises with a mechanism to challenge a CSW application; requiring police to obtain informed consent in writing when relying on consent to enter premises and exercise crime scene powers; and allowing police to nominate multiple premises under a CSW if an offence extends over a number of private premises.
• The Ombudsman has also recommended that police develop standard operating procedures for the conduct of crime scenes that include guidance for police regarding: when a crime scene warrant should be sought; when the Coroner's Act 1980 applies; factors to consider when obtaining occupier's consent; the distinction between public and private premises; advice on exercising cultural and religious sensitivity to family members of deceased; and processes for dealing with damaged premises caused by the  exercise of crime scene powers.

Notices to produce – Part 4

• Information provided by the NSWPF and Local Court suggests that a typical notice to produce application was made in person during court hours in relation to a fraud investigation.
• All applications for notices to produce were made during court hours and most (98%) were granted. Of the small proportion of notice applications that were refused, most were due to attempts to obtain documents from a non-financial institution such as a library or government department.
• The Ombudsman has recommended that police develop standard operating procedures for notices to produce that include guidance for police regarding: the definition of a document; timeframes for notices; the types of institutions to which a notice may be applied; and the details that should be included in an application.

Review of certain functions conferred on police under the Law Enforcement (Powers and Responsibilities) Act 2002

22 April 2009

Report of Reviewable Deaths in 2007
Volume 2: Child Deaths

Media Release Part 1:

Today the Ombudsman Bruce Barbour tabled the second volume of his report on reviewable deaths in 2007.

The Ombudsman reviews the deaths of children if they or their sibling have been the subject of a risk of harm report in the three years before they die, or if they die in suspicious circumstances or as a result of abuse or neglect.

Children who died in 2007

In 2007, 603 children and young people died in NSW. 162 (27%) were reviewable deaths. Of these:

• 152 (94%) of the children or their siblings had been the subject of a risk of harm report to DoCs in the three years before their deaths.
• 43 (27%) of the children died in circumstances of abuse, neglect or in suspicious circumstances.
• 83 (51%) of the children were less than a year old. 40 were less than four weeks old, and many had not been discharged from hospital following their birth.
• 36 (22%) of the children were Aboriginal. This was 62% of Aboriginal children who died in NSW.
  

There has been an increase in the number of reviewable deaths in 2007. This is not an indication of worsening practice by agencies. This is largely a reflection of a substantial increase in the number of children and families the subject of reports.

However, we continue to have concerns about:

• the adequacy of identification and reporting of risk of harm to children
• the capacity of DoCS to assess risk
• the quality of response from agencies
• the standard of interagency coordination and cooperation

“These are not new problems” the Ombudsman said. “We have raised these repeatedly in past reports – I am pleased the Wood Commission identified the same failings, and has made recommendations aimed at overcoming them.”

Where to from here?

“The government has accepted most of the Wood Commission’s recommendations, and a new Act has been passed which will see significant changes to the system in NSW” the Ombudsman said. “As a result, I have chosen not to make any specific recommendations to agencies in this report.”

In respect to the review of child deaths in NSW:

• Reviewable deaths will now only include deaths that occur in suspicious circumstances or as a result of abuse or neglect. This will mean we will no longer be looking at the same number of deaths as in previous years.
• The Ombudsman will report every two years, rather than every year.
• Finally, the Ombudsman will convene and provide support to the Child Death Review Team (CDRT).

“These changes will still afford the opportunity for careful scrutiny and oversight of reviewable deaths and the systems in place to prevent child deaths” the Ombudsman said. “We will monitor these changes closely.”

 

22 April 2009

Report of Reviewable Deaths in 2007
Volume 2: Child Deaths

Media Release Part 2:

Today the Ombudsman Bruce Barbour tabled the second volume of his report on reviewable deaths in 2007.

The Ombudsman reviews the deaths of children if they or their sibling have been the subject of a risk of harm report in the three years before they die, or if they die in suspicious circumstances or as a result of abuse or neglect.

Special review of the deaths of children with no child protection history

Every year, approximately eight percent of the families of children whose deaths are reviewable have either no recent child protection history, or no history at all. These deaths are reviewable because they are suspicious, or a result of abuse or neglect.

Between 2003 and 2007, 180 children died in NSW as a result of abuse or neglect or in suspicious circumstances. Of these, 55 had no child protection history. We looked at 47 of these deaths, comparing them with the circumstances surrounding the deaths of 76 children from families with a child protection history to try and establish any relevant factors and trends.

We collected and analysed police records, health records, education records, coronial reports and transcripts, court records and information provided by non-government organisations. We also collected as much information as possible from GPs and other private practitioners who came into contact with the children and their families.

This was only a small sample, and we are careful not to draw any strong conclusions. However, what we have found will assist us with our future work and provide better information to relevant agencies and the communities.

The following are some of the types of deaths we assessed. Many of the observations we make are consistent with research conducted by others in these areas.

Fatal abuse

Between 2003 and 2007, 18 children with no child protection history were killed by a member of their family. In the cases we reviewed, there was evidence of mental illness or mental health problems among perpetrators, as well as family breakdown and use of firearms in murder suicides. These factors were also present in relation to the matters we reviewed where the family had a child protection history.

“While we were able to identify some common factors, it is difficult to point to any particular family type or circumstance or combination of factors where risk is likely to escalate to fatal abuse” said the Ombudsman.

Drowning

Between 2003 and 2007, 90 children drowned in NSW. 38 resulted from neglect, and of these 16 had no child protection history. We considered neglect to be an intentional or significantly careless failure to supervise.

The review found a lack of adult supervision or confusion around responsibility for supervision of children and inadequate safety barriers around pools were common contributing factors.

“Parents need to remain vigilant when their children are around water” the Ombudsman said. “The Department of Local Government is reviewing the issue of pool fencing at the moment, it is hoped that a better inspection program for swimming pool barriers can be implemented.”

Transport fatalities

Between 2003 and 2007, seven children whose families had no child protection history died in road accidents that we considered constituted neglect.

All of the cases involved a high level of carelessness by the driver, often caused by excessive speed and/or drug and alcohol use or a failure to adequately restrain the child within the vehicle.

Co-sleeping

Between 2003 and 2007, six children whose families had no child protection history died while sleeping in the same bed as a parent or parents. We also considered the deaths of 21 children whose families had a child protection history.

In many of these cases, the parents were under the influence of drug and/or alcohol or had a history of drug or alcohol abuse.

“These cases clearly show the importance of effective pre and postnatal care” the Ombudsman said. “Parents, particularly younger parents, must be made aware of the risks of co-sleeping, especially when they are under the influence of either drugs or alcohol.”

Both NSW Health and DoCS have developed public awareness materials, and we will continue to monitor both responses to parental substance abuse and pre and post natal support services.

Report of Reviewable Deaths in 2007
Volume 2: Child Deaths

 

5 February 2009

NSW Ombudsman
Review of the Freedom of Information Act

Ombudsman releases final report

The NSW Ombudsman today reported to Parliament on his review of the NSW Freedom of Information Act 1989.

The Ombudsman has recommended a radical overhaul of how access to government information is handled. ‘The current FOI regime is not working well and is frustrating for both users and administrators’ said the Ombudsman. ‘We need a simpler system and a significant cultural change from within government in its attitude to information disclosure’ Mr Bruce Barbour said.

The report documents many of the difficulties faced by those attempting to access information in NSW, as well as providing some practical solutions.

As part of the review, the Ombudsman investigated the FOI practices of 18 agencies, auditing their files and interviewing 70 of their staff who deal with FOI applications. The Ombudsman also considered submissions on a public discussion paper he released, as well as identifying best practices in various national and international models for accessing government information.

The Ombudsman’s 88 recommendations are built around three key changes:

• a greater level of proactive disclosure of information
• the drafting of a new, clearly worded and simplified Act
• the appointment of an independent Information Commissioner

Proactive disclosure

‘Many of the problems we have identified can be overcome by simply requiring government to be more pro-active, by making more information available without the need for a formal application’ the Ombudsman said. The Ombudsman recommends agencies produce and maintain publications schemes and disclosure logs, similar to those operating in the United Kingdom.

A new Act

‘Many problems with the Act and proper access to information can only be fixed with a fresh start’ the Ombudsman said.  ‘This means a new Act, written in plain English which we recommend be called the Open Government Information Act.’

An Information Commissioner

‘FOI has for far too long been without a champion’ the Ombudsman said. ‘I am recommending the creation of an independent Information Commissioner, who would encourage agencies to release more, provide them with guidance, help them when they fall short, hold them to account when they fail to release, and protect the public’s right to access information.’

Culture change

‘A genuine shift to open and accountable government must be led from the top’ the Ombudsman said. ‘The Premier, all Ministers, the Department of Premier and Cabinet and department heads will need to provide clear and ongoing support for the system to work effectively.’

‘Now is the time for government and opposition to demonstrate a bipartisan willingness to fix a broken system, setting the foundation for proper, easy and fair access to information and as a consequence greater openness and transparency of our government’ the Ombudsman said.

‘This report provides the foundation for change’ the Ombudsman said. ‘It is now up to the government to make this change a reality.’

Opening up government: Review of the Freedom of Information Act 1989

Media Statement
Release of Opening up government: Review of the Freedom of Information Act 1989

4 December 2008

Ombudsman review of non-association and place restriction orders and conditions

A report on a two-year review by the Ombudsman of the Justice Legislation Amendment (Non-association and Place Restriction) Act 2001, completed in 2006, was finally tabled by the Government in Parliament today.

The Act amended existing sentencing, bail and sentence administration laws (for parole, leave and home detention) to establish specific orders and conditions that prohibit an offender or alleged offender from associating with specified persons and attending specified places. The Act was introduced as part of a package of legislation designed to target gang-related crime.

The Ombudsman’s review of the Act found that the non-association and place restriction orders at sentencing were used infrequently, with only 20 orders being made by courts during the two-year review. There had also been no appreciable increase in the use of bail or parole conditions restricting associations between offenders and other persons, or restricting offenders from attending specified places.

“In many respects, the new laws duplicate the existing powers of courts, police and correctional authorities to impose these type of conditions on offenders or accused persons” said the Ombudsman, Bruce Barbour. “For reasons including lack of knowledge and certainty, authorities have generally relied on existing powers when dealing with those persons.”

Given that the legislation is not meeting the objectives of targeting and breaking up gangs, the Ombudsman has recommended that Parliament consider whether some aspects should continue at all.

The report makes recommendations to improve the flexibility for courts imposing non-association and place restriction orders.  It also recommends new bail guidelines to assist police officers and courts in determining non-association and place restriction conditions.

Review of the Justice Legislation Amendment (Non-association and Place Restriction) Act 2001

 

3 December 2008

Ombudsman reports on the deaths of people with disabilities in care

The NSW Ombudsman, Bruce Barbour, today tabled in Parliament volume one of his report of reviewable deaths.
This volume concerns the deaths in 2007 of 98 people with disabilities who lived in the care of disability services or licensed boarding houses. They included:

• 31 people who lived in accommodation provided by the Department of Ageing, Disability and Home Care (DADHC)
• 52 people who lived in non-government accommodation funded by DADHC
• 15 people who lived in licensed boarding houses

The Ombudsman’s fifth report details progress by DADHC and NSW Health towards implementing key recommendations to minimise risks associated with the deaths of people with disabilities in care.

“I am pleased to see progress towards addressing some long-standing concerns for people with disabilities, including critical cross-agency work to tackle issues involving mental health and therapy services,” said Mr Barbour. “However, there are three areas that require concerted attention to improve outcomes for people with disabilities in care and minimise preventable deaths.”

First aid requirements in non-government disability services
For the fourth consecutive year, the Ombudsman’s reviews of the deaths of people with disabilities in care identified instances where first aid was either not provided, or was not effectively applied. There are currently no mandatory requirements for staff in non-government disability services to have first aid qualifications.

“My reports have consistently highlighted the vulnerability of people with disabilities who live in care to health emergencies, as well as continuing deficits in the provision of first aid,” Mr Barbour said. “There should be a mandatory requirement that at least one staff member on each shift has current first aid qualifications. This would be an important step toward preventing deaths in non-government disability services. Our recommendation should be implemented without delay.”

Review of the Youth and Community Services Act 1973
The report notes that, since at least 1999, there has been uncertainty about whether DADHC has the power to enforce many of the licence conditions that govern boarding houses. The continuing lack of clarity about the enforceability of licence conditions is of significant concern.

In tabling his report, Mr Barbour said: “People with disabilities living in licensed boarding houses are not protected by policies or standards. Licence conditions, while not extensive, provide the only existing requirements regarding the health and welfare of residents. A review of the Youth and Community Services Act, which may provide the means to resolve the issue of enforceability, has been underway for six years. There is no timeframe for its completion. Improved outcomes for licensed boarding house residents depend upon the finalisation of this review and the establishment of safeguards.”  

Development of a health framework for people with an intellectual disability
The Ombudsman reports that improved coordination and provision of health services to people with an intellectual disability is necessary to improve their health outcomes. The development of a health framework to improve the health of people with disabilities has been endorsed in principle by NSW Health. However, progress towards finalising and implementing this framework has been slow, and there is no current timeframe for completing this work.

“On average, people with an intellectual disability have a much lower life expectancy than the general population. They require coordinated support to address complex health needs,” said Mr Barbour. “The development and implementation of this framework is central to improving the health outcomes of people with disabilities. We strongly urge NSW Health to progress this work.”

The Ombudsman has directed 10 recommendations to DADHC, and two recommendations to NSW Health.

Report of Reviewable Deaths in 2007
Volume 1: Deaths of people with disabilities in care

 

19 November 2008

Ombudsman calls for better Taser safeguards

The NSW Ombudsman called for better safeguards for Taser use by police in a report tabled in Parliament today.

The report analyses the use of Tasers by specialist police units between 2002 and 2007. There were 48 uses during this 5 year period. It also outlines some of the risks posed by the recent roll-out of Tasers to senior officers in 80 commands across the State.

“Police need to be extremely careful using Tasers” the Ombudsman, Bruce Barbour said. “They are not a non-lethal weapon – they are just a less lethal weapon.”

 “Tasers should only be used to deal with extreme situations” the Ombudsman said. “The real danger is that they will be used in more commonplace situations to deal with minor acts of non-compliance.”

“We found Tasers helped resolve a number of dangerous and high risk situations when used by highly trained officers in specialist units” the Ombudsman said. “But even those officers did not rate as effective over 25% of firings. Tasers are not infallible and with their use come significant safety risks.”

The Ombudsman is calling for a two year moratorium on any further roll out of Tasers to general duties police pending a further independent review. This would allow for a proper evaluation of their use by general duties officers, as well as any safety considerations for police and the public. It would also allow police time to upgrade their training, relevant policies and accountability measures.

“Current police standard operating procedures relating to Taser use are inadequate” said the Ombudsman. “There are known risks with using Tasers, and police must receive clear, comprehensive and consistent guidance to ensure safe and effective use of this weapon.”

Since the recent roll out, four of the first five uses were in stun mode, where the Taser is driven into the person’s body to inflict pain. “This rings alarm bells for me, as we are already seeing a completely different type of use by general duties officers” the Ombudsman said. In the five years up to December last year, Tasers were only used in stun mode 13 times.

When preparing the report, the Ombudsman looked into national and international Taser use. “We can and must learn from the experiences of others” said the Ombudsman. “Some jurisdictions are re-considering the use of Tasers due to health risks and the tendency for ‘mission creep.’”

The report also notes the conflicting medical and scientific opinions around whether Tasers can cause irregular heart rhythms including ventricular fibrillation, which is life threatening. “While it may be relatively safe to use a Taser on a healthy adult, the jury is still out on their use on a range of other people who police typically encounter in serious situations” the Ombudsman said.

The Ombudsman found that those subjected to Taser use were typically:

• male
• Caucasian
• under the age of 40, and
• experiencing mental health issues.
  

The vast majority were armed or thought to be armed with one or more weapons, and over half were intoxicated at the time of the incident or had a history of drug or alcohol abuse.

The Ombudsman discovered one person had died of a heart attack twelve days after being subjected to a Taser application by NSW Police.  The man had a number of health problems, including heart disease, so it is unclear what role, if any, the Taser application played in his death.

The Ombudsman has made 29 recommendations to improve the safety, effectiveness and accountability of Taser use. These include:

• providing that an officer who uses a Taser against a person who is not violently confronting or resisting police may be subject to management action
• providing greater guidance to officers about the risks Tasers may pose, as well as the factors to consider before using the weapon
• ensuring those subjected to Taser use are offered medical assessment, and
• improving accountability around Taser use through greater use of audio visual recording devices and better recording practices.

The use of Taser weapons by New South Wales Police Force

 

19 November 2008

NSW Ombudsman
2007-2008 Controlled Operations Annual Report

The Ombudsman Bruce Barbour reported to Parliament today a slight increase in the number of authorities granted by law enforcement agencies in NSW to conduct controlled operations; when participants get approval to technically break the law in order to investigate and deter crime and corrupt conduct.

“Controlled operations are an extremely important and useful investigatory tool”, Mr Barbour said. “The sophistication of many criminal and corrupt enterprises means they cannot be penetrated by traditional investigation measures. Only by infiltrating them through undercover operations is it possible to gather the necessary evidence to arrest and prosecute offenders” Mr Barbour said.

The Ombudsman is notified of all authorities. He ensures that each agency complies with the controlled operation’s legislation and provides an important check and accountability function.

“My inspections found on the whole that all the agencies continue to use these powers in a responsible and effective way” said Mr Barbour.

A total of 383 operations were authorised and 313 completed during the past financial year. The largest increase was for the NSW Crime Commission who conducted 30 operations compared to 12 in the previous reporting period.

The NSW Police Force continues to be the agency responsible for the vast majority of controlled operations. 71% of the operations targeted drug related criminal activities; others targeted serious offences including armed robbery, murder, fraud, firearms and explosives offences, arson, stolen motor vehicles and vehicle re-birthing, extortion and blackmail, prostitution, perverting the course of justice and child prostitution offences, kidnapping, sexual assault and the bribery of a public official. Several operations during the APEC leader’s week targeted conspiracy to commit public order offences.

Over 10,000 police officers were authorised to take part in controlled operations during the year. Only 465 law enforcement participants and 114 civilians actually took part.

The Independent Commission Against Corruption completed six controlled operations during the year and the Australian Crime Commission two.

Law Enforcement (Controlled Operations) Act 1997 Annual Report 2007-2008

 

31 October 2008

NSW Ombudsman
Review of the Freedom of Information Act

Progress so far

Today is the closing date for submissions to the Ombudsman’s review of the NSW Freedom of Information Act .Following a large number of requests for additional time, the Ombudsman has decided to receive submissions for an additional two weeks.

The final closing date for submissions is now Friday 14 November 2008.

“Due to the level of public interest in FOI reform, I thought this was a good time to provide an update of what my office has done so far” the Ombudsman, Bruce Barbour said. “I met with the Premier some weeks ago, and provided him with a similar outline, as well as some initial comments.”

So far, we have:

• obtained detailed information from the 18 agencies the subject of investigation, along with all NSW local councils and the Administrative Decisions Tribunal, about how they deal with FOI applications
• visited each of the 18 agencies and inspected a random selection of their FOI files
• interviewed 70 agency staff who regularly deal with FOI applications,
• published a discussion paper outlining a large number of issues for consideration, and
• conducted a comprehensive review of the different approaches to accessing government information across Australia and around the world.
  

The next stages:

• collect and review public submissions to the discussion paper
• complete the analysis of qualitative and quantitative information collected from the 18 agencies, and
• prepare a final report to Parliament.
  

“I realise how important it is to complete this review as soon as practicable, and my staff and I are working hard to ensure it is finalised early in the new year” the Ombudsman said. “I welcome the Premier’s commitment to wholesale reform of FOI in this state, as well as his expression of support for my review.”

Submissions to the review should be sent to:

foireview@ombo.nsw.gov.au

or

FOI Review
NSW Ombudsman
Level 24
580 George Street
Sydney    NSW    2000

For any further information, either email the above address, or contact:

Tom Millett, Project Officer on (02) 9286 0951

or

Helen Ford, Project Manager on (02) 9286 0993

 

22 October 2008

NSW Ombudsman
Annual Report 2007-2008
The need for open and transparent government

The NSW Ombudsman today tabled his Annual Report for 2007-2008.

“Decision making in government should not be closed off from the public” the Ombudsman, Bruce Barbour said. “People have a right to know how and why government decisions are made.”

In April, the Ombudsman instigated a wide ranging review of the NSW Freedom of Information Act 1989. “The way government does business has changed markedly in 20 years, yet this Act has lurched from one piecemeal amendment to another. It is difficult to understand and difficult to use” said the Ombudsman.

“Government agencies should make more information freely available” Mr Barbour said. “Despite widespread improvements, the immediate reaction of many agencies is still to resist releasing information.” Several of the case studies in this year’s report demonstrate the need for a change of attitude:

A daughter wanted information about her elderly father’s treatment in hospital. Following our involvement, the Area Health Service released the information, apologised, and offered her an opportunity to meet with the chief executive to receive a personal apology (case study 75).

A pensioners group attempted to obtain information from the RTA about a review of pensioner concessions. After our inquiries and several media articles, the RTA advised that no such review was being conducted, and released relevant documents (case study 77).

The need for a change in attitude is not limited to FOI. Many agencies have more work to do to improve their complaint handling practices. “Agencies need to realise that a complaint is not a “black mark” against them, but an opportunity to identify problems, solve them, and improve their customer service” the Ombudsman said.

We checked up on the complaint handling systems of 350 government agencies and local councils. “Overall, the results were disappointing, given that improving customer service and complaint handling is a State Plan priority” Mr Barbour said. Our feedback identified the need for:
more complaint information in community languages more strategic use of complaint information, and more staff training.

Issues of interest

Complaint handling survey		P8
Review of the FOI Act		P146
Access to hospital records	Case study 75	P151
Clarity on pensioner concessions	Case study 77	P152
Legal professional privilege		P151
FOI investigations		P152

Click on the link below to access a copy of the report:

NSW Ombudsman Annual Report 2007-2008

 

22 October 2008

NSW Ombudsman
Annual Report 2007-2008
Looking out for children and young people

The NSW Ombudsman today tabled his Annual Report for 2007-2008.

The Ombudsman is responsible for undertaking a wide range of work involving children and young people.

“Strong, effective systems for the care and protection of children are essential” the Ombudsman, Bruce Barbour, said. “Our work allows us to identify actual and potential weaknesses in the system, and work with agencies to close those gaps”

This year:

• We investigated how the Department of Education handles long suspensions. While there are procedures in place to provide schools with guidance in managing suspensions, they are not always followed. “Where schools have to resort to suspending a student, the process needs to be carefully managed to avoid causing further damage” Mr Barbour said. Our findings have been received positively by the Department, which is now improving the way it manages suspensions.
• We made 17 visits to juvenile justice centres. During these visits we speak with detainees, inspect the centre and raise any complaints or problems on the spot. We continue to see the impact of overcrowding in centres. It reduces the support provided to detainees, and puts additional pressure on resources and staff. “Overcrowding in our juvenile justice centres is an ongoing problem, and we will continue to monitor its negative impacts” Mr Barbour said.
• We continued our research into grooming behaviour (behaviour aimed at developing an inappropriately close relationship between a child and an adult). This behaviour places children in a position where they are highly vulnerable to sexual abuse and psychological harm. “Case studies in the report demonstrate the importance of taking action early when grooming is identified” said Mr Barbour. “We must do everything we can to understand, recognise and respond to such behaviour.”
• We completed our review of the issues affecting foster carers looking after Aboriginal children. The final report identifies service gaps, and stresses the importance of Aboriginal children in care having adequate cultural contact, health care and education supports.
• We published guidelines for dealing with complaints from children and young people, which were distributed to 3,000 oversight bodies, government agencies and community service providers across the country. The guidelines have been very successful, with an additional 2,000 requests for copies from a wide range of public and private organisations.

Issues of interest

Children and young people chapter		P61-85
Submissions to the Wood Special Commission		P63-66
Supporting carers of Aboriginal children		P69
Guidelines for dealing with youth complaints		P71
Reviewable deaths of children		P72
Research into children and the internet		P74
Grooming behaviour and risk management	Case studies 23-25	P82-83
Visiting juvenile justice centres		P118
Overcrowding in juvenile justice centres		P119-20
Investigating school suspensions		P134-5

Click on the link below to access a copy of the report:

NSW Ombudsman Annual Report 2007-2008

 

22 October 2008

NSW Ombudsman
Annual Report 2007-2008
Working for communities across the State

The NSW Ombudsman today tabled his Annual Report for 2007-2008.

“I am not just a city Ombudsman” Mr Barbour said. “Over the last year, our work took us to 68 regional and rural towns, giving us the opportunity to listen to community concerns and help fix problems faced by people from across NSW.”

The report provides a number of examples of the Ombudsman’s work in regional areas:

• Only after we looked into a poorly handled neighbourhood dispute, Eurobodalla Shire Council apologised for its handling of the complaint, provided trees to replace those cut down, and issued a corrected community fact sheet. “Councils need to provide the community with clear guidance around their rights, as well as the council’s responsibilities” said Mr Barbour (case study 63).
• We investigated Bathurst Regional Council’s delayed handling of a compensation claim following a sewage leak. We found the council’s procedures and record keeping were grossly inadequate. They agreed to improve their procedures, and compensated the ratepayer for the damage caused (case study 64).

“We don’t just wait for complaints to come in before we act” said Mr Barbour. “Our proactive project work also helps to achieve positive outcomes for the people of NSW.”

• 18 regional and rural councils were among 30 local councils made the subject of mystery shopper audits by Ombudsman staff. They called, emailed and wrote to all the councils posing as ordinary citizens to test their standards of customer service. The Ombudsman sent a report card to each council. “I was very pleased by the positive response from the 30 councils that were involved. Many indicated that they had already begun to make improvements as a result of our involvement” Mr Barbour said.
• We completed a detailed investigation into the adequacy of services provided to foster carers looking after Aboriginal children. We interviewed over 100 carers and staff from relevant organisations across the State. The interviews showed that carers valued regular, quality contact with caseworkers, as well as community consultation about where Aboriginal children should be placed. “It is very important that all foster carers have access to and awareness of the services and assistance to which they are entitled” said Mr Barbour.
• We are investigating how the public housing system supports disadvantaged people. Ombudsman staff have visited 25 regional and rural areas and spoken with over 450 people with a direct interest. Our investigation will be completed in the coming months.
• We collected over 460 survey responses at 14 different courts to measure the first-hand experiences of people searched by police after being arrested.
• We went to Wollongong, Tamworth, Dubbo, Coffs Harbour and Wagga Wagga and gave regional community service workers a chance to share their experiences as part of our regional outreach program.

Issues of interest

Community engagement chapter		P41-56
Caring for Aboriginal children		P49
Survey of people facing charges		P114
Wellington Correctional  Centre		P124
Junee Correctional Centre	Case study 52	P128
Cabonne Shire Council	Case study 62	P140
Eurobodalla Shire Council	Case study 63	P141
Bathurst Regional Council	Case study 64	P141
Wollongong City Council	Case study 66	P141
Shellharbour City Council	Case study 67	P141
Albury City Council	Case study 70	P142
North Coast Area Health Service	Case study 75	P151

Click on the link below to access a copy of the report:

NSW Ombudsman Annual Report 2007-2008

 

22 October 2008

NSW Ombudsman
Annual Report 2007-2008
Government watchdog fixes problems

The NSW Ombudsman today tabled his Annual Report for 2007-2008.

The Ombudsman’s role is to help keep government accountable by ensuring agencies act lawfully, reasonably and fairly.

“Much of our work involves fixing problems, improving poor communication and correcting bad decisions” the Ombudsman, Bruce Barbour, said. “Organisations can get too caught up in their own processes without properly considering the circumstances of the people they are dealing with. No one should have to jump through unnecessary hoops to get a fair outcome.”

Cases where we have made a difference include:

• A woman had her driver’s licence cancelled after her details got confused with another person who had cancelled their licence. She was stopped by police for a random breath test and was shocked when they fined her for driving unlicensed. After we got involved, her licence was reinstated and a request for waiving the fine was arranged (case study 5).
• A local council was responsible for damaging a home owner’s sewer pipes. The owner was told to repair the pipes and apply for reimbursement.  The refund was delayed by conflict in council over who was liable. It was only after our investigation that the home owner got a $6000 refund and an apology from the council (case study 68).
• A student with a visual disability had been unable to get large print papers from his university for his exams. Following our inquiries, the university agreed to let the student sit a special examination, and he was given a written apology. The university also acted to avoid a similar situation occurring in the future (case study 55).
• After her leaking roof had not been fixed for months, a Department of Housing tenant deliberately stopped paying rent for three weeks to draw attention to the problem. The Department responded with a termination notice, and she asked for our help. Our inquiries revealed there were no procedures for following up outstanding repairs. Following our involvement, the roof got fixed and the Department apologised to the tenant (case study 59).

“The Ombudsman continues to provide an important safety net for people when things go wrong” Mr Barbour said.

Issues of interest

Fixing a wrongly cancelled licence	Case study 5	P58
Conciliating a long running dispute	Case study 31	P90
Ensuring prisoners can access essentials	Case study 52	P128
Helping a disabled student with exam paper problems	Case study 55	P134
Checking on wheelchair accessible taxis	Case study 58	P137
Getting a leaking roof fixed	Case study 59	P137
Getting payment for damaged sewer pipes	Case study 68	P141
Fixing a case of mistaken identity	Case study 74	P150

 

Click on the link below to access a copy of the report:

NSW Ombudsman Annual Report 2007-2008

 

2 September 2008

NSW Ombudsman releases FOI discussion paper

Embargoed until Wednesday 3 September 2008

The NSW Ombudsman, Bruce Barbour, released a public discussion paper today as part of a comprehensive review of the New South Wales Freedom of Information Act 1989.

“It is vital that freedom of information legislation operates effectively, as it ensures that government decision makers can be held to account for their actions,” Mr Barbour said. “I would encourage all those with an interest in FOI to provide us with a submission.”

The discussion paper forms part of a broader review of the FOI Act. This review includes an investigation into the FOI practices and procedures of eighteen government agencies, as well as interviews with FOI staff. The Ombudsman has also sought information from Local Councils and the Administrative Decisions Tribunal. A final report and recommendations will be made to Parliament.

Submissions should be sent to:
foireview@ombo.nsw.gov.au

Or

FOI Review
NSW Ombudsman
Level 24
580 George Street
Sydney    NSW    2000

Submissions should be lodged by the close of business on 31 October 2008.

For further information regarding the review, or to access an electronic copy of the discussion paper, click on the follow the links

FOI review update page

Discussion paper: Review of the Freedom of Information Act 1989

 

21 August 2008

Ombudsman reports on trial drug detection powers

A report on the Ombudsman’s 12-month review of the Police Powers (Drug Detection Trial) Act 2003 was tabled in Parliament today.

The Act established an 18-month trial giving police the power to set up roadside check points to stop and screen vehicles with sniffer dogs with the aim of detecting and frustrating persons involved in the trafficking of drugs by road.

“Despite the best efforts of police, the trial powers were ineffective in assisting police to apprehend drug couriers on a sustained basis,” the Ombudsman, Mr Bruce Barbour said.

The review found that police only located drugs in 2% of vehicles stopped and that the majority of those people found with drugs were in possession of extremely small amounts of cannabis.

The Ombudsman noted that the rapid dissemination of information about the nature and location of check points via CB radio and mobile phone networks pose seemingly insurmountable challenges for police who rely on the element of surprise when conducting operations targeting drug couriers.

The Ombudsman also noted that the limited ability of drug detection dogs to accurately detect the scent of drugs while screening the outside of vehicles seriously undermines the capacity of police to target heavy vehicles involved in the trafficking of drugs.

“I have considerable reservations about whether these, or similar powers will ever result in the cost-effective detection of persons involved in road-based drug trafficking,” Mr Barbour said.

Given the minimal success of this trial and a previous trial of similar powers, the Ombudsman recommended that Parliament consider whether there is any merit in continuing to trial the powers.

The Ombudsman also recommended the Parliament consider allowing the ‘sunset’ provision to automatically repeal the legislation, which is due to occur on 22 August 2008.

Click on the link below to access a copy of the report

Review of the Police Powers (Drug Detection Trial) Act 2003

6 August 2008

Ombudsman reports slow progress with interagency work

In 2002, a cross-agency Senior Officers Group was formed to improve the outcomes for people with an intellectual disability in contact with the criminal justice system.

The NSW Ombudsman, Bruce Barbour, today tabled a report in Parliament that examines the progress of the Senior Officers Group towards meeting its objectives.

"People with an intellectual disability are over-represented and face significant disadvantage in all areas of the criminal justice system,” said Mr Barbour. “While NSW government agencies have recognised that a comprehensive interagency approach is necessary to meet the needs of these individuals, we have concerns about the progress of this collaborative work.”

The Ombudsman’s report notes that:

• The progress of the Senior Officers Group has been slow.
• While a number of significant initiatives have commenced in the five years since the Senior Officers Group was formed, key areas of work have yet to be finalised or progressed to a point where they can be evaluated.
• Given the significant and financial cost of poor inter-departmental collaboration, more needs to be done to strengthen cross-agency service delivery for offenders with an intellectual disability.

“In our view, the community would expect greater progress by the Senior Officers Group than what has been achieved over the past five years,” Mr Barbour said. “Continued and sustained commitment by the relevant agencies is needed to advance the agreed collaborative work, and to improve the outcomes for this vulnerable group of people.”

In 2010, the Senior Officers Group will undertake a review of its progress, including evaluations of the impact of its work. The Ombudsman, through a recommendation to the Department of Ageing, Disability and Home Care, as lead agency of the Senior Officers Group, will continue to closely monitor progress.

Click on the link below to access a copy of the report:

Supporting people with an intellectual disability in the criminal justice system: progress report

22 April 2008

NSW Ombudsman to review the FOI Act and report to Parliament

Today I wish to announce that my office will conduct a comprehensive review of the New South Wales Freedom of Information Act 1989.

Background

Freedom of Information legislation is one of the cornerstones of good governance. It ensures that government decision-making is open and transparent, and that decision-makers are held accountable for their actions.

The NSW FOI Act was drafted thirty years ago. The way in which government departments operate and do business has altered dramatically since then. The Act has been the subject of more than sixty amendments. This has only made it more complex and difficult to navigate. Both applicants and agencies continually voice their frustrations with the Act.

For almost 14 years, each NSW Ombudsman, including myself, has called for an independent and comprehensive review of the FOI Act.

There have been a number of encouraging developments in other Australian jurisdictions in the last twelve months. The Queensland government appointed an independent review panel in September. It was provided with particularly broad terms of reference. This panel recently released its discussion paper, and a final report is expected by the middle of the year. Elsewhere, both the Victorian and Western Australian governments have demonstrated a commitment to ensuring their FOI Acts remain relevant and effective.

In the absence of the NSW government initiating a review of the Act, I have decided to conduct my own independent and comprehensive review. I welcome the Government’s recent advice to Parliament that it supports my review.

Investigation

In order to gain the most complete picture possible of the FOI landscape in NSW, I am proposing to conduct simultaneous investigations into the FOI practices of a number of government agencies, local councils, universities and area health services. These comprehensive investigations will involve audits of FOI files held by the various agencies and interviews with FOI practitioners. This process will allow us to assess the day-to-day operation of the Act, what is working well and what could be improved. The investigations will commence in two weeks.

Discussion Paper

A review of FOI legislation is clearly a matter of significant and broad public interest. As part of the investigation process, my office will be releasing a public discussion paper to provide all interested parties with an opportunity to contribute to our review. This will be a detailed document reflecting my office’s experience in dealing with a wide range of challenges and difficulties related to FOI in NSW.

I hope to receive well-informed and honest comment on the Act, both from those who regularly use the Act and those who deal with it on a day-to-day basis. We will release the discussion paper in the coming months.

Final report to Parliament

The findings from our investigation will inform our final report and recommendations to Parliament.

 

 

 

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