We acknowledge the traditional custodians of the land on which we work and pay our respects to all Elders past and present, and to the children of today who are the Elders of the future.
Artist: Jasmine Sarin, a proud Kamilaroi and Jerrinja woman.
A special report by the NSW Ombudsman has recommended that Government agencies be formally reminded that they are not to block individuals from making a report or complaint to NSW integrity bodies.
The report ‘Deeds of Release and complaints to integrity agencies’ was tabled in the Parliament of NSW today and comes after the Ombudsman was made aware that, in settling a dispute with a person, Revenue NSW had required them to sign a Deed of Settlement and Release that purported to prevent them from making complaints to the Ombudsman or the Independent Commission Against Corruption (ICAC).
The Deed also said the signatories would have to withdraw any prior complaints.
NSW Ombudsman, Paul Miller, said any interference in the right of NSW residents to make a complaint and assist the work of his office is a serious matter, and clearly contrary to the public interest.
“The conduct referenced in this report is deeply concerning, inappropriate and unacceptable,” Mr Miller said.
“People have a statutory right to complain to integrity agencies, including to raise any concerns they might have about corruption, maladministration or other wrong conduct by a government agency or official.
“Yes, it is important that efforts are made to resolve disputes between Government agencies and citizens, and this can include using appropriate settlement agreements. However, the work of integrity agencies is not merely about responding to a private dispute between a complainant and the agency; it is a matter of public interest.’
The Chief Commissioner of the ICAC advised that: “Such a provision is contrary to the public interest that corrupt conduct and other forms of wrongdoing are reported to relevant agencies so that they may be properly assessed and, if appropriate, investigated. The ability to receive and assess reports of wrongdoing doing is, as noted in the [Ombudsman’s] report, essential to the work of integrity agencies.”
The report notes that any provision to block complaints to the Ombudsman, the ICAC or another integrity body is likely to be legally unenforceable. It also points out that it would be dangerous for an agency to try to enforce such a provision, as it is a criminal offence to take any detrimental action against a person for making a complaint or disclosure to, or otherwise assisting, an integrity agency.
Mr Miller emphasised that the report is not an investigation and that no findings of wrong conduct have been made against any agency.
However, the Ombudsman has recommended that Revenue NSW write to those affected, advising them to disregard any provision that purports to prevent them complaining or providing information to the Ombudsman or ICAC. He has also recommended that Revenue NSW ensure that such provisions are not used in future.
The report also recommends that a sector-wide directive be issued reminding all agencies not to include such provisions in settlement agreements.
Mr Miller said: “The NSW Ombudsman this year celebrates 50 years of serving the people of NSW. The issues outlined in this special report are a timely reminder of the important work undertaken by integrity agencies.”
The ‘Deeds of Release and complaints to integrity agencies’ report is available here.
We acknowledge the traditional custodians of the land on which we work and pay our respects to all Elders past and present, and to the children of today who are the Elders of the future.
Artist: Jasmine Sarin, a proud Kamilaroi and Jerrinja woman.