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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
2015–16 | COMMONWEALTH OMBUDSMAN ANNUAL REPORT | 147