Effectiveness of the Ombudsman

This paper examines the effectiveness of the Ombudsman in Australia, focusing on its impact on good governance, accountability, and dispute resolution. It discusses the different categories of Ombudsmen in Australia and their functions, as well as the benefits and challenges of the Ombudsman system. The paper concludes that the Ombudsman plays a crucial role in promoting transparency, protecting citizens' rights, and improving the overall performance of the public sector.

EFFECTIVENESS OF THE OMBUDSMAN
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Introduction
In this paper, emphasis shall be put on the examination of Ombudsman as one of the integrity
bodies comprised in the new administrative law. The country of Australia has three main
categories of ombudsman and they include among others industry-based Ombudsmen1. This
focuses on companies engaged in the provision of specific services by carrying out investigation
on the issues raised by customers. Examples of such companies include; public transport,
water, energy, insurance, investments, insurance, telecommunications and banking. The
second one is the Parliamentary Ombudsmen. The Parliamentary Ombudsmen engages in
investigations of the various complaints made by the constituents and citizens on the
administrative actions of the state or Government. The last one is the Other Statutory
Ombudsmen/Commissioners2. This undertakes investigations on issues raised in profession
services or particular agencies like education, health and others.
Good administration is not possible without the existence of the Ombudsman integrity body. In
fact the Ombudsman is termed as "yang and ying of better management". A number of
significant changes have been attained by the Ombudsman ever since its introduction in the
country of Australia. The main rationale for establishing the office of the Ombudsman was for
1Anita Stuhmcke, ‘The Ombudsman’ in Matthew Groves (ed) Modern Administrative Law in Australia (Cambridge
University Press, 2014) 326.
2Brian Thompson, ‘The Courts’ Relationship to Ombudsmen – Supervisor and Partner?’ (2015) 37(1) Journal of
Welfare and Family Law 137, 142.

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“watch dog purposes", assessing, evaluating and addressing complaints and grievances
concerning Government organizations overall administration. It is important to note that the
Ombudsman is autonomous office or body that aid in addressing or investigating disputes
among government agencies industry bodies and individuals3. Public authorities investigated by
the Ombudsman include among others public universities, local Governments, state
Government departments, hospitals, prisons, technical college and schools.
Effectiveness of the ombudsman
Across Government it very clear that the institution of the ombudsman is the most popular
agency used in handling complaints. The development of the ombudsman institution has been
fragmented across the jurisdictions of Australia. It is clearly that the functions of the
Ombudsman of Government are more complex and disparate when compared to tribunal,
courts and other mechanisms of dispute resolution. The overall function of the ombudsman in
Australia is quite different from its original responsibilities that focused on handling complaints
about actions of the Government in its administrations.
It is clear most of the function being carried out by the office of the ombudsman have nothing
or little relation, their original role is handling complaints of citizens directly or accountability of
administration of the public. It is imperative to realize that the ombudsman originally acted as a
state supervisory autonomous agency and focused on agitating for the citizen rights. Up-to-date
3Burton, Kely, Thomas Crofts and Stella Tarrant, principles of criminal law in Queensland and Western Australia
(law book, 2011)

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this function is still being performed by the ombudsman. Many Australian have been saved by
the intervention of the ombudsman body especially in cases where there rights have been
violated. Meaning that it has effectively supplemented the system of the judiciary. Cases of
procedural irregularities, delay and bureaucratic carelessness has been reduced through the
interference of an integrity body like the ombudsman4.
The integrity body of the ombudsman undertakes all its operations without any form of state
interference5. In other words it autonomous in its function and responsibilities, while creating
the ombudsman office a number of aspects were put into consideration and they include
among others the overall need of these organizations to be accountable for this power, the
growing power of public authorities to affect people's daily lives and lastly the need to have an
agency in place which offer accessible and timely services to help in dispute resolution with
these agencies. In fact apart from playing the watch dog role, the ombudsman by acting as the
middleman between the government and the citizens, plays a vital role in the breaking
structural imbalance barriers. This is due to the fact that its roles are more proactive than
reactive as they used to be.
The office of the ombudsman ensures that there is impartiality and independence in its
overall operations to effectively check the operations of Government, Also , it has strong
4William Lane and Simon Young, Administrative Law in Australia (Thomson Law Book, 2007).
5Colin Neave, Exploring the Role of the Commonwealth Ombudsman in Relation to Parliament, No 63 Papers on
Parliament, Note the use of the term ‘business’ here
PM

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mechanisms in place to enable it under the law, interpreter and applies properly in the
execution of its duties as a watch dog agency. The other agencies have strong knowledge of the
overall Government legislative and political processes, the role of the public service and the
operations of the Executive6. It exercises a high level of rationality in day to day operations. This
is vital while handling issues in an objective and systematic fashion. In other words to promote
the level of democracy, public trust among the citizenry and Government officials, open
government and culture, increasing levels of transparency and accountability within
Government making the ombudsman very important. The overall services offered by the office
of Ombudsman are readily accessible to all and are free. The ombudsman has a number of
offices covering important industries like energy supply, telecommunications, banking and all
Government levels.
It is estimated that over one hundred and fifty thousand complaints are handled by the office
of the Ombudsman in the area of Australia each and every year. It is clear that people now
appreciate and understand that they are mandated to report or complain against any business
and Government. This can largely be attributed to the ombudsman. It is clear that in a number
of times, the overall ombudsman jurisdiction has been expanded to handle various complaints
from the serving members of the Australian Defense forces, Australian Federal police, the
national crimes authority and the freedom of information7. The office of the ombudsman has
6From Peter Handford, 'A New Limitation Act for the 21st Century' (2007) 33(2) University of Western Australia Law
Review 387
7John McMillan, ‘How Ombudsmen Review and Influence Public Administration’ (Paper presented at the
International Intelligence Review Agencies Conference, Sydney, March 2010)

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particular powers to have an oversight duty in relation to the national criminal intelligence and
at the same time monitor controlled operations and telecommunication interceptions
undertaken by agencies charged with law enforcement
The overall role of the office of the Ombudsman in encouraging good governance and
accountability, basically in three major aspects8. For instance the office of the Ombudsman
engages in resolving disputes among individuals. It is clear that the Office of the ombudsman
engages in thorough investigations of complaints and puts a number of measures to safe guard
the citizenry from the actions of the Government which may have a huge adverse effect on the
population. It through the ombudsman that citizens are given a chance or voice to complain
against any form of illegality mounted on to them that wouldn’t be put forward if it was not in
existence . In everyday life official misconduct and mala administration are difficult to avoid,
therefore the Ombudsman intervenes in such cases to help the citizens of Australia. The main
object of the office of the ombudsman is mainly the marginalized and vulnerable populations
given that it offers free services. The office of the ombudsman engages in the investigation of
systemic challenges. It is imperative to note that some of the issues brought to the office of the
4Retreivedfrom<http://www.ombudsman.gov.au/__data/assets/pdf_file/0016/31642/10-March-2010-How-
Ombudsmen-review-and-influence-public-administration.pdf> .
8Mohammad Waseem, ‘Independence of Ombudsman’ in George V. Carmona, Mohammad Waseem, Alex B.
Ranjani and Gareth Jones (eds), Strengthening the Ombudsman Institution in Asia: Improving Accountability in
Public Service Delivery through the Ombudsman (Public Management, Financial Sector and Trade 2011, Asian
Development Bank) 57, 60.

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ombudsman affect thousands of citizens. Hence the ombudsman through investigation and
intelligence capabilities is able to fix challenges that may be related to an issue put forward. For
instance a range aspect of maladministration is said to affects a huge size of the population 9.
Also, the importance of the ombudsman is also evident in encouraging the overall performance
of the public sector. It is imperative to note as clearly stated in the court case of ATSIC v
Ombudsman, Federal Court 1995, the office of the ombudsman have authority and power to
make criminal charges, make recommendations, discipline among others.
The role of the ombudsman in the public sector is mainly in two aspects which are both
indirect and direct. In cases where the ombudsman brings complaints on issues of inadequate or
poor delivery of services, there is feedback given to agencies feedback. Therefore the
ombudsman improves the public sector directly and it is an incentive to help public personnel
to streamline or improve the quality of decisions and actions. In other words the office of the
ombudsman engages in monitoring agencies of law enforcement to ensure that they act inline
or compliance with the available legislations. In cases where there is existence of mismatch
between what the public demand or expects and what Government offers, it is clear that the
office of the ombudsman is capable of getting good insight on how the delivery of the policy or
policy can go off track. Therefore it plays a huge role in pointing out any form on inconsistence
taking place within the public sector
9NSW Ombudsman, ‘NSW Ombudsman 2014-2015 Annual Report’ (Annual Report, NSW Ombudsman, 26 October
2015) 3.

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In Australia, it is clear that the ombudsman has in a number of occasions acted as a solver and
mediator of public issues or disputes. The ombudsman can easily be accessed by everyone
regardless of social, political and economic belonging. It handles disputes with a high level of
urgency and there is a high level of informality.
All citizens can easily show dissatisfaction and file complaint through a letter to the ombudsman
on a particular matter. It is clear such flexibility is very relevant to persons whose fundamental
liberties have been violated like those in sanatoria, jails and hospitals10. The level of
transparency, efficiency and effectiveness is very critical in building Good governance in a
country. The contribution to protection and promotion of people's fundamental liberties by the
ombudsman is undisputable. Aspects such as rule of law, public service delivery, dispute
resolution and the principles of equality and natural justice are key aspects evident in the
operation of the office of the ombudsman. For instance in the court case of General Newspapers
Pty Ltd v Telstra Corporation (1993) 45 FCR 164, court announced its self on whether it was proper to
enter into any contract minus calling for possible tenders. Also, court decided on the misuse of market
power and trade practices by the telecommunication. This was after thorough investigation carried out
by the office of the ombudsman
For the ombudsman to be credible among the population the aspect of independence is given
firm and crucial attention. Public authorities are made accountable due to the kind of autonomy
exercised by the ombudsman office. In fact many citizens prefer the ombudsman even more
than the court system when it comes to transparency and accountability in the performance of
duties and roles there is a high level of adaptively and flexibility characterized with the
10NSW Ombudsman, Operation Prospect, (20 April 2016) Retrieved from<http://www.ombo.nsw.gov.au/what-we-
do/our-work/operation-prospect

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ombudsmen when compared to other agencies. As effectively required by human right services,
the ombudsman adapt very easily and are also offer quick responses to changes in the provision
of services by Government. Just like Government, the Ombudsman has capacity to hold private
agencies accountable for any undertaking.
The litigation and individualistic focused culture has been diffused due to the existence of the
institution of the ombudsman. Within Australian culture, it is clear that the ombudsman
embedded the responsibility and right to complain11. Similarly, the office of the ombudsman
clearly stresses moral and legal aspects or concepts and considers a range of rights, questions,
values, administrative practices, and ethics making it a very important office other than just
handling complaints. In the overall relationship between the other state institutions or bodies
and the institution of the ombudsman clearly exhibits institutional independence. Therefore
one can generally argue that on the issue for enhancing the level of ethics, fairness and rule of
law in the area of Australia, the office of the ombudsman has been strategically important.
It is clear through indirectly enforcing the rule of law encouraging active citizenship and
accountability the ombudsman office has been instrumental in improving and maintaining the
overall quality of democracy in Australia. It is clear rule of law and democracy plays a very
important role in strengthening the level of economic growth and development12. Due to the
11Tom Campbell, ‘Human Rights Strategies: An Australian Alternative’ Tom Campbell, Jeffrey Goldsworthy &
Adrienne Stone (eds), (Ashgate Publishing 2006).
12Victorian Ombudsman, ‘Victorian Ombudsman Annual Report 2013’ (Annual Report, Victorian Ombudsman, 20
August 2013) 5.

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efforts of the efforts of the ombudsman a number of individuals involved in the mis use of
Government funds or any form misappropriation and misuse of Government office has been
arrested, taken to courts of law and detained. For instance in the court case of Botany Council v
The Ombudsman ((1995) 37 NZWLR 357, 363), Court upheld the powers and efforts of the
ombudsman in bring about accountability and encouraging rule of law. This has played a critical
role in deterring they would be criminals both in the private and public. Thus the office of the
ombudsman has played a very essential role in enhancing the overall social, political and
economic welfare of the Australian citizens. It is clear that the level of ombudsman procedural
flexibility has been of a huge benefit to the citizens. The institution is able to broader criteria for
admissibility cases and more flexible procedures due to the fact that it does not possess power
and authority to undertake legally binding decisions
Conclusion
Conclusively, the office of the ombudsman is very important in Australia and has been
instrumental in resolving various disputes, encouraging democracy, rule of law, equity and
justice, transparency and accountability among others. The ombudsman has been essential in
resolving, investigating and listening to complaints from a wide spectrum both from the public
and private sector of Australia. Liaison programs, education and motion investigations carried
out by the ombudsman have been able to improve the level of public administration in the area
of Australia. Also, it importance has been seen in addressing domestic violence fatalities and
reviewing of certain death. It is clear that the institution of the ombudsman has high levels of
credible among the population due to the level of impartialness and independence it has been

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exhibiting in its overall investigations. There is high levels of confidentiality exhibited by the
integrity body when handling or obtaining information of the population. There a number of
important matters when the ombudsman has made recommendations after its investigations
which have been very beneficial to the public in the efforts to enhance rule of law, democracy
and accountability? Additionally, for over three decades the office of the ombudsman in
Australia has effectively enabled the overall promotion and protection of law rights in
administration. The agency has put all the necessary efforts to ensure that government
agencies treat the Australian citizens with a high level of human dignity through the promotion
of equity, fairness and justice for all. There is general flexibility in the execution of all the
activities carried out by the office of the ombudsman which has been seen as very important in
enhancing the level of justice especially among the common man or marginalized people. There
is an informal follow up of Government agencies undertaken by the office of the ombudsman to
effectively identify challenges facing these agencies and the possible strategies and tactics that
can be adopted to have them addressed in Avery prudent and amicable manner. It is very true
that all policy and operational levels within agencies there is regular dialogue undertaken by
the office of the ombudsman and the inspector general. This has been vital in creating a sense
of change and improvements in various Government agencies in the area of Australia.
Bibliography
Anita Stuhmcke, ‘The Ombudsman’ in Matthew Groves (ed) Modern Administrative Law in
Australia (Cambridge University Press, 014) 326.

12
ATSIC v Ombudsman, Federal Court (1995)
Botany Council v The Ombudsman ((1995) 37 NZWLR 357, 363)
Brian Thompson, ‘The Courts’ Relationship to Ombudsmen – Supervisor and Partner?’ (2015)
37(1) Journal of Welfare and Family Law 137, 142.
Burton, Kely, Thomas Crofts and Stella Tarrant, principles of criminal law in Queensland and
Western Australia (law book, 2011)
Colin Neave, Exploring the Role of the Commonwealth Ombudsman in Relation to Parliament,
No 63 Papers on Parliament, Note the use of the term ‘business’ here
General Newspapers Pty Ltd v Telstra Corporation (1993) 45 FCR 164
John McMillan, ‘How Ombudsmen Review and Influence Public Administration’ (Paper
presented at the International Intelligence Review Agencies Conference, Sydney, March 2010)
4Retreivedfrom<http://www.ombudsman.gov.au/__data/assets/pdf_file/0016/31642/10-
March-2010-How-Ombudsmen-review-and-influence-public-administration.pdf> .
Mohammad Waseem, ‘Independence of Ombudsman’ in George V. Carmona, Mohammad
Waseem, Alex B. Ranjani and Gareth Jones (eds), Strengthening the Ombudsman Institution in
Asia: Improving Accountability in Public Service Delivery through the Ombudsman (Public
Management, Financial Sector and Trade 2011, Asian Development Bank) 57, 60.
NSW Ombudsman, ‘NSW Ombudsman 2014-2015 Annual Report’ (Annual Report, NSW
Ombudsman, 26 October 2015) 3.

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NSW Ombudsman, Operation Prospect, (20 April 2016) Rertrieved
from<http://www.ombo.nsw.gov.au/what-we-do/our-work/operation-prospect>
Peter Handford, 'A New Limitation Act for the 21st Century' (2007) 33(2) University of Western
Australia Law Review 387
Tom Campbell, ‘Human Rights Strategies: An Australian Alternative’ Tom Campbell, Jeffrey
Goldsworthy & Adrienne Stone (eds), (Ashgate Publishing 2006).
Victorian Ombudsman, ‘Victorian Ombudsman Annual Report 2013’ (Annual Report, Victorian
Ombudsman, 20 August 2013) 5.
William Lane and Simon Young, Administrative Law in Australia (Thomson Law Book, 2007).