15–16

PIDs received
The overall number of internal PIDs remains
steady, however the number of agencies
receiving PIDs has increased. 9 A total of 612
PIDs were made during the financial year, with
69 of 175 agencies receiving one or more 10 .
Most PIDs were made in large agencies 11 ,
with only 16 per cent of PIDs made in
agencies with fewer than 1000 employees 12 .
Nevertheless small agencies are receiving PIDs,
albeit in smaller numbers. Almost a quarter
of agencies which received a PID had fewer
than 250 staff. In addition, non-APS agencies
are receiving a significant proportion of PIDs.
Over 30 per cent of PIDs were made in agencies
whose employees are predominantly employed
otherwise than under the Public Service Act
1999 or Parliamentary Service Act 1999.
Section 76(2) of the Act requires the
Ombudsman to report certain information
about each agency. Table 13 sets out the
number of PIDs received and the types of
disclosable conduct by agency. Table 14
lists the agencies which did not receive any
PIDs. The office notes that the number of
PIDs reported by agencies at the end of the
financial year was greater than the number of
notifications of allocation decisions received by
the Ombudsman throughout the year, pursuant
to s 44 of the Act. A possible reasons for the
discrepancy may be agencies’ failure to notify
the Ombudsman of all PIDs received. The
number of PIDs relates to ‘untested’ information
assessed as showing possible ‘disclosable
conduct’, and which is further considered in an
investigation phase. It is also noted that a PID
may concern more than one type of disclosable
conduct.
Of the 612 PIDs reported, agencies identified
707 kinds of disclosable conduct. As shown
in Table 11, the largest group (33 per cent)
9 An internal PID is made when a public official discloses to
an authorised internal recipient information which tends
to show, or which the discloser believes on reasonable
grounds tends to show, disclosable conduct (s 26).
10 This figure includes the Ombudsman, IGIS and a
consolidated response from the six intelligence agencies.
By comparison, 639 PIDs were reported in FY 2014–15,
with 58 of 185 agencies receiving one or more PIDs.
11 84 per cent of PIDs were made within 31 agencies with
1000 or more employees.
12 16 per cent of PIDs were made within 38 agencies with
less than 1000 employees.
concerned conduct that could amount to a
contravention of a law of the Commonwealth,
state or territory. This is a broad category that
can incorporate wrongdoing in other categories,
including maladministration or a breach of the
APS Code of Conduct or Public Governance,
Performance and Accountability Act 2013. It may
include relatively minor conduct, including
employment-related grievances, which would
not usually be considered criminal behaviour.
The other common categories of alleged
misconduct were actions which, if proven,
could result in disciplinary action (24 per cent)
and maladministration (19 per cent).
Table 11:
Kinds of disclosable conduct
Kinds of disclosable conduct
Contravention of a law of
the Commonwealth, state
or territory
Conduct that may result in
disciplinary action
Number of
instances
(%)
232 (33%)
170 (24%)
Maladministration 137 (19%)
Wastage of Commonwealth
resources (including money
and property)
Conduct that results in, or that
increases, the risk of danger to
the health or safety of one or
more persons
Conduct engaged in for the
purpose of corruption
45 (6%)
36 (5%)
25 (4%)
Abuse of public office 21 (3%)
Perversion of the course
of justice
16 (2%)
Abuse of public trust 14 (2%)
Other (conduct in a foreign
country that contravenes a
law; fabrication, falsification,
plagiarism or deception in
relation to scientific research;
and conduct that endangers,
or risks endangering the
environment)
11 (2%)
Total 707 (100%)
PART 4—WHAT WE DO
2015–16 | COMMONWEALTH OMBUDSMAN ANNUAL REPORT | 73