26 September 2023

Factsheet sets out Ombudsman’s intentions

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The Office of the Commonwealth Ombudsman has released a new factsheet outlining what Government Agencies and other entities can expect when the Ombudsman seeks assurance that recommendations he makes have been implemented.

The Office said the Ombudsman made recommendations to Agencies using the SMART (Specific, Measurable, Achievable, Results-oriented, and Time-bound) model to ensure his recommendations were practical and effective.

“Recommendations we make are aimed at addressing actions or inaction which is contrary to law; unjust; oppressive or improperly discriminatory; unreasonable (including unreasonable delay, procedural deficiencies, flawed processes); based wholly or partly on a mistake of law or fact; [and] otherwise, in all the circumstances, wrong,” the Office said.

“The Ombudsman will make recommendations and seek assurance of their implementation,” it said.

“We will consider a wide range of material as assurance that recommendations have been implemented.”

The Office said Agencies should be able to provide evidence to show that a recommendation which it had accepted was implemented.

“In most cases, documentary evidence is sufficient,” it said.

“Agencies should aim to provide us with existing records, rather than creating new documents for the purpose of providing evidence.”

It said the Ombudsman may ask for evidence of Agencies’ implementation of recommendations either by correspondence, during its regular liaison meetings, or using formal powers under the Ombudsman Act 1976 (Cth) or the Ombudsman Act 1989 (ACT).

The Ombudsman’s new two-page fact sheet can be accessed at this PS News link.

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