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PART 7—REFERENCES PART 7— REFERENCES Glossary Term Definition Approach Authorised internal recipient Authorised officer Category Category 1— Initial approach (approach) Category 2— Further assessment (approach) Category 3— Investigation (complaint) Category 4— Further investigation (complaint) Category 5— Formal reports (complaint) Closed approach Community detention Compensation for Detriment caused by Defective Administration (CDDA) Compliance auditing Contact with the office about a matter. An approach may be about a matter outside our jurisdiction. A person who is authorised to disclose material. In certain cases, also an authorised officer of the Commonwealth Ombudsman and the Inspector General of Intelligence and Security. An officer appointed by the principal officer of an agency to receive and allocate PIDs. Approaches to the office are divided into five categories—see below. An approach made by phone or in person that can be resolved simply, including by referral to a more appropriate agency. Also where the office used its discretion not to investigate. An approach which calls for further assessment. This might include internal enquiries/research or obtaining more information from the complainant, but where the office applied its discretion not to investigate. An approach investigated and resolved after a single contact with the agency. An approach that was resolved after two or more substantive contacts with the agency. An approach where formal powers have been exercised and/or a s 15 report issued. An approach that has been finalised. A form of immigration detention that enables people in detention to reside and move about freely in the community without having to be accompanied or restrained by an officer under the Migration Act 1958. A scheme that allows Australian Government agencies under the Public Governance, Performance and Accountability Act 2013 to provide discretionary compensation to people who have experienced detriment as a result of an agency’s defective actions or inaction. The action of inspecting the records of law enforcement agencies to determine compliance with relevant legislation. 146 | COMMONWEALTH OMBUDSMAN ANNUAL REPORT | 20<strong>15–16</strong>
Term Complaint Controlled operation Cross-agency issue Decision to investigate Established complaint Finalised complaint Formal powers Garnishee Garnishee notice General treatment policy Hospital policy Hospital exclusions and restrictions Informed Financial Consent (IFC) Definition An approach to the Ombudsman that expresses dissatisfaction about government administrative action, and where a response or resolution is expected. It does not include an approach that merely seeks information. A covert operation carried out by law enforcement officers under the Crimes Act 1914 (Cth) for the purpose of obtaining evidence that may lead to a prosecution of a person for a serious offence. The operation may involve law enforcement officers engaging in conduct that would otherwise constitute an offence. A complaint or investigation that involves more than one agency, for example where the policy of one agency administered by another; or if an issue is common to a number of agencies. The Ombudsman may investigate the administrative actions of most Australian Government departments and agencies, and private contractors delivering government services. The Ombudsman can decide to not investigate complaints that are ‘stale’ or frivolous; where the complainant has not first sought redress from the agency; where some other form of review or appeal is more appropriate or where he considers that an investigation would not be warranted in all the circumstances. The Australian Federal Police (AFP) considers a complaint has been ‘established’ if an AFP investigation concludes in favour of the complaint or against the AFP member. A complaint that has been resolved or in which investigation has ceased. The formal powers of the Ombudsman are similar to those of a Royal Commission. They include the ability to compel an agency to produce documents and to examine witnesses under oath. Some government agencies such as the Department of Human Services (Child Support) have the power to seize money from a third party (such as a bank) to pay a debt. To seize this money is to ‘garnishee’ it. A written advice to a debtor and a third party, such as a financial institution or employer, that a person or business will be garnisheed. Private health insurance that covers non-hospital medical services that are not covered by Medicare, such as dental, physiotherapy, and ambulance services. Also known as ‘extras’ or ‘ancillary’ cover. Private health insurance that covers costs incurred by a private patient in hospital. An exclusion is a treatment or service which is not covered by a hospital insurance policy. A restriction is a treatment or service which is covered to a limited extent, such as covering the cost of admission as a private patient in a shared room in a public hospital; rather than the cost of a private room. The provision of information to patients, including notification of likely outof-pocket expenses (gap fees) by all relevant service providers, preferably in writing, prior to admission to hospital. PART 7—REFERENCES 20<strong>15–16</strong> | COMMONWEALTH OMBUDSMAN ANNUAL REPORT | 147
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ANNUAL REPORT 15-16
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HIGHLIGHTS In 2015-16 we received a
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CREDITS Date of publication: Septem
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GUIDE TO THE REPORT GUIDE TO THE RE
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CONTENTS PART 1—REVIEW BY THE OMB
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PART 1— REVIEW BY THE OMBUDSMAN
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Private Health Insurance The integr
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PART 2—OVERVIEW OF THE OFFICE PAR
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PART 2—OVERVIEW OF THE OFFICE vi.
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PART 2—OVERVIEW OF THE OFFICE Geo
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PART 3— REPORT ON PERFORMANCE
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Annual Performance Statement As req
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The office is required to carry out
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Methodology The extent to which the
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Strategic Objectives Objective 1 Pr
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PART 4— WHAT WE DO
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The office investigated seven per c
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When someone receives an employment
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compliance reviews; and the creatio
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Figure 3: All approaches for Austra
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efore arrival at Australia Post’s
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who wish to claim a refund of the G
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Figure 6: Number of reports receive
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Information sharing Limitations on
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Figure 7: Overseas Students Ombudsm
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Student Feedback “Hi, Thank you v
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PRIVATE HEALTH INSURANCE OMBUDSMAN
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National Health Benefits (Onemedifu
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INFORMATION Complaints: 599 Key iss
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Issue Sub-issue 2013-14 2014-15 201
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Complaints about hospitals, doctors
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Complaint outcomes Most cases (72 p
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Inspections of covert, intrusive or
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and templates. They are based on le
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Of these cases, the office finalise
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PIDs received The overall number of
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Once an internal PID is allocated f
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Of the 29 PIDs which we accepted, 1
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indicate a high level of satisfacti
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2. Australian Postal Corporation 14
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10. Australian Broadcasting Corpora
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43. Department Foreign Affairs and
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41. Corporations and Markets Adviso
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Table 15: PID investigations comple
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9. Attorney-General’s Department
Page 91 and 92: PART 4—WHAT WE DO The Members and
Page 93 and 94: CASE STUDY—Commonwealth Ombudsman
Page 95 and 96: PART 5—MANAGEMENT AND ACCOUNTABIL
Page 103 and 104: PART 6— APPENDICES
Page 105 and 106: 2015-16 | COMMONWEALTH OMBUDSMAN AN
Page 107 and 108: OFFICE OF THE COMMONWEALTH OMBUDSMA
Page 123 and 124: Note 5: Non-Financial Assets Proper
Page 127 and 128: Note 8: Provisions 0 0 $'000 $'000
Page 135 and 136: Appendix 2— Statistics Office of
Page 137 and 138: Finalised Remedies Received Cat 1 C
Page 139 and 140: Appendix 4—Entity Resource Statem
Page 141: PART 7— REFERENCES
Page 145 and 146: Term Lifetime Health Cover (LHC) Me
Page 147 and 148: Term The office The Ombudsman Unlaw
Page 149 and 150: Figures Figure 1: Executive and Sen
Page 151 and 152: Ref 17AD(c) 17AD(c)(i); 16F 17AD(c)
Page 153 and 154: Ref 17AG(4)(c)(iii) Part of report
Page 155 and 156: Ref 17AD(f) Part of report Descript
Page 157 and 158: Australian Commission for Law Enfor
Page 159 and 160: complaint investigations, 16, 24, 5
Page 161 and 162: detention inspections, 48 Detention
Page 163 and 164: I IDP Education Brisbane Internatio
Page 165 and 166: L lack of notification (private hea
Page 167 and 168: P Pacific Governance and Anti-Corru
Page 169 and 170: Q Queensland Ombudsman and PID Wiki
Page 171: T Telecommunications (Interception
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