Own Motion Investigations and Administrative Improvement

A key function of the Office is to improve the standard of public administration. The Office achieves positive outcomes in this area in a number of ways including:

  • Improvements to public administration as a result of:
    • The investigation of complaints;
    • Reviews of child deaths and family and domestic violence fatalities; and
    • Undertaking own motion investigations that are based on the patterns, trends and themes that arise from the investigation of complaints, and the review of certain child deaths and family and domestic violence fatalities;
  • Providing guidance to public authorities on good decision making and practices and complaint handling through continuous liaison, publications, presentations and workshops;
  • Working collaboratively with other integrity and accountability agencies to encourage best practice and leadership in public authorities; and
  • Undertaking inspection and monitoring functions.

Improvements from Complaints and Reviews

  • In addition to outcomes which result in some form of assistance for the complainant, the Ombudsman also achieves outcomes which are aimed at improving public administration. Among other things, this reduces the likelihood of the same or similar issues which gave rise to the complaint occurring again in the future. Further details of the improvements arising from complaint resolution are shown in the Complaint Resolution section.
  • Child death and family and domestic violence fatality reviews also result in improvements to public administration as a result of the review of individual child deaths and family and domestic violence fatalities. Further details of the improvements arising from reviews are shown in the Child Death Review section and the Family and Domestic Violence Fatality Review section.

Own Motion Investigations

One of the ways that the Office endeavours to improve public administration is to undertake investigations of systemic and thematic patterns and trends arising from complaints made to the Ombudsman and from child death and family and domestic violence fatality reviews. These investigations are referred to as own motion investigations.
Own motion investigations are intended to result in improvements to public administration that are evidence-based, proportionate, practical and where the benefits of the improvements outweigh the costs of their implementation.  
Own motion investigations that arise out of child death and family and domestic violence fatality reviews focus on the practices of agencies that interact with children and families and aim to improve the administration of these services to prevent or reduce child deaths and family and domestic violence fatalities.

Selecting topics for own motion investigations

Topics for own motion investigations are selected based on a number of criteria that include:

  • The number and nature of complaints, child death and family and domestic violence fatality reviews, and other issues brought to the attention of the Ombudsman;
  • The likely public interest in the identified issue of concern;
  • The number of people likely to be affected;
  • Whether reviews of the issue have been done recently or are in progress by the Office or other organisations;
  • The potential for the Ombudsman’s investigation to improve administration across public authorities; and
  • Whether investigation of the chosen topic is the best and most efficient use of the Office’s resources.

Having identified a topic, extensive preliminary research is carried out to assist in planning the scope and objectives of the investigation.  A public authority selected to be part of an own motion investigation is informed when the project commences and Ombudsman staff consult regularly with staff at all levels to ensure that the facts and understanding of the issues are correct and findings are evidence-based. The public authority is given regular progress reports on findings together with the opportunity to comment on draft conclusions and any recommendations.

Monitoring the implementation of recommendations

Recommendations for administrative improvements are based closely on evidence gathered during investigations and are designed to be a proportionate response to the number and type of administrative issues identified. Each of the recommendations arising from own motion investigations is actively monitored by the Office to ensure its implementation and effectiveness in relation to the observations made in the investigation.
In addition, significant work was undertaken during the year on a report in relation to the implementation of Ombudsman recommendations arising from own motion investigations.

Own Motion Investigations in 2014-15

  • In 2014-15, significant work was undertaken on an own motion investigation, regarding issues associated with Violence Restraining Orders and their relationship with family and domestic violence fatalities.

In 2014-15, the Ombudsman also commenced work on a major own motion investigation into ways to prevent or reduce child deaths by drowning.


Continuous Administrative Improvement

The Office maintains regular contact with staff from public authorities to inform them of trends and issues identified in individual complaints and the Ombudsman’s own motion investigations with a view to assisting them to improve their administrative practices. This contact seeks to encourage thinking around the foundations of good administration and to identify opportunities for administrative improvements.

Where relevant, these discussions concern internal investigations and complaint processes that authorities have conducted themselves. The information gathered demonstrates to the Ombudsman whether these internal investigations have been conducted appropriately and in a manner that is consistent with the standards and practices of the Ombudsman’s own investigations.

Guidance for public authorities

The Office provides publications, workshops, assistance and advice to public authorities regarding their decision making and administrative practices and their complaint handling systems. This educative function assists with building the capacity of public authorities and subsequently improving the standard of administration.

Publications

The Ombudsman has a range of guidelines available for public authorities in the areas of effective complaint handling, conducting administrative investigations and administrative decision making. These guidelines aim to assist public authorities in strengthening their administrative and decision making practices.

Workshops for public authorities

During the year, the Office continued to proactively engage with public authorities through presentations and workshops.
Workshops are targeted at people responsible for making decisions or handling complaints as well as customer service staff. The workshops are also relevant for supervisors, managers, senior decision and policy makers as well as integrity and governance officers who are responsible for implementing and maintaining complaint handling systems or making key decisions within a public authority.
The workshops are tailored to the organisation or sector by using case studies and practical exercises. Details of workshops conducted during the year are provided in the Collaboration and Access to Services section.

Working collaboratively

  • The Office works collaboratively with other integrity and accountability agencies to encourage best practice and leadership in public authorities. Improvements to public administration are supported by the collaborative development of products and forums to promote integrity in decision making, practices and conduct. Details are provided in the Collaboration and Access to Services section.

Inspection and Monitoring Functions

Telecommunications interception records

The Telecommunications (Interception and Access) Western Australia Act 1996, the Telecommunications (Interception and Access) Western Australia Regulations 1996 and the Telecommunications (Interception and Access) Act 1979 (Commonwealth) permit designated ‘eligible authorities’ to carry out telecommunications interceptions. The Western Australia Police and the Corruption and Crime Commission are eligible authorities in Western Australia. The Ombudsman is appointed as the Principal Inspector to inspect and report on the extent of compliance with the legislation.

Infringement Notices

The Criminal Code Amendment (Infringement Notices) Act 2011 amended The Criminal Code to introduce a new scheme into Western Australia for the issue of Infringement Notices by Western Australia Police for certain offences.

The Criminal Code requires the Ombudsman to scrutinise and report on the first 12 months of the operation of the scheme.

Criminal organisations control

Under the Criminal Organisations Control Act 2012, the Ombudsman scrutinises and reports on the exercise of certain powers by Western Australia Police, for a five year period commencing in November 2013.

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