15–16

Once an internal PID is allocated
for investigation, there are four
permissible outcomes:
• not investigate (or not
investigate further) for one of the
reasons in s 48 of the PID Act
• complete an investigation with
a s 51 report (with or without
findings of disclosable conduct
or recommendations)
• complete an investigation with
a s 51 report having considered
whether a different investigation
is more appropriate under s 47(3),
and recommending an investigation
under another law or procedure of
the Commonwealth
• investigate under a separate
investigative power (currently the
Ombudsman and IGIS only).
Matters not investigated (s 48)
Of the 612 PIDs reported, covering 707
instances of possible disclosable conduct,
agencies reported that in 145 instances they
decided not to investigate (or not investigate
further) based on a reason in s 48 of the
PID Act 14 . As shown in Table 12, the most
commonly used reasons were that the
information did not concern serious disclosable
conduct (37 per cent); and that the information
was the same or substantially the same, as
information the disclosure of which, had been,
or was being, investigated under another law
of the Commonwealth (27 per cent). The main
categories included investigation under the
Public Service Act 1999 (e.g. code of conduct)
(27 per cent), Defence Force legislation or
regulations (23 per cent) and investigations by
an Australian Police Force (seven per cent) 15 .
14 Noting that there may be more than one reason for not
investigating a PID, or an instance of disclosable conduct
contained in a PID.
15 This should be differentiated from an investigation under
the Australian Federal Police Act 1979 (five per cent).
Table 12: Reasons for s 48 decisions
Reasons for s 48 decisions
The information does not concern
serious disclosable conduct
The information concerns
disclosable conduct that is the
same, or substantially the same,
as disclosable conduct that is being
investigated, or has been investigated
The discloser does not wish the
PID investigation to be pursued and
the principal officer is reasonably
satisfied that there are no matters
concerning the disclosure that
warrant investigation
The discloser refuses, fails or is unable
to assist the investigation
37%
27%
8%
8%
Because of the age of the information 6%
The information is the same/
substantially the same as information
which has been or is being investigated
as a disclosure investigation
The discloser’s name and contact
details have not been disclosed
5%
5%
The disclosure is frivolous or vexatious 3%
Discloser is not a public official 1%
Completed Investigations
Findings, recommendations and actions taken
During the reporting period 40 agencies
reported that they had completed 391
disclosure investigations. Table 13 (see page 80)
summarises the information provided by agencies
about the number of disclosure investigations
completed in the reporting period, and the
actions taken in response to recommendations
those disclosure investigations.
Agencies reported that 49 investigations
were finalised with at least one finding of
disclosable conduct. Figure 16 details the kinds of
disclosable conduct found to have been engaged
in. In addition, agencies reported a range of
actions taken in response to recommendations
in disclosure investigations, including disciplinary
action, termination of employment, internal
reviews, and changes to policies and procedures.
PART 4—WHAT WE DO
2015–16 | COMMONWEALTH OMBUDSMAN ANNUAL REPORT | 75