27 September 2023

Ombudsman finds Public Advocate amiss

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The Ombudsman Western Australia, Chris Field (pictured) has released a report of his investigation into the Office of the Public Advocate’s (OPA’s) role in notifying families of relatives’ deaths.

The Report, An investigation into the Office of the Public Advocate’s role in notifying the families of Mrs Joyce Savage, Mr Robert Ayling and Mr Kenneth Hartley of the deaths of Mrs Savage, Mr Ayling and Mr Hartley, arose following a request to the Ombudsman by Attorney General, John Quigley to investigate the circumstances around the OPA’s notification to the family of Joyce Savage of her death.

In addition, Mr Quigley requested the Ombudsman to include in his investigation the circumstances of the OPA’s notification to the families of Robert Ayling and Kenneth Hartley of their deaths.

The Ombudsman said Mrs Savage’s daughter, Kaye Davis, Mr Ayling’s son, also called Robert, and Mr Hartley’s brother, Phillip Hartley, were contacted as part of the investigation.

“A person for whom OPA has been appointed as their guardian is a ‘represented person’. This was the case for Mrs Savage, Mr Ayling and Mr Hartley. Each was a represented person,” he said.

Mr Field said, however, Mrs Savage, Mr Ayling and Mr Hartley were more than represented people.

“Each led a long life, was a family member and a contributor to their communities,” he said.

“Any delay in notifying a family of the death of a family member will, of course, be upsetting for a family.

“Further, the delay does not give the dignity to the person’s passing that they should, and must, be afforded.”

Mr Field said that as a result of the investigation, he had formed a number of opinions regarding the OPA’s role in notifying the families.

“Arising from these opinions, I have made seven recommendations to OPA,” he said.

“I am very pleased that OPA has agreed to all seven recommendations.”

The Ombudsman said he would be actively monitoring the steps taken by the OPA to give effect to his recommendations.

“In my view, these seven recommendations, when implemented, will be responsive to the families of Mrs Savage, Mr Ayling and Mr Hartley, but also ensure that in the future OPA does, without delay, notify family upon the death of a loved one,” Mr Field said.

The Ombudsman’s 70-page Report can be accessed at this PS News link.

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