How an agency responds to an Ombudsman investigation

This information is relevant to officers who have been asked to respond to an investigation inquiry from us and are from a:

• Queensland agency (government department, local council, public authority)
• non-government entity providing services on behalf of an agency.

Investigations

The Ombudsman’s role is to independently investigate administrative actions of public sector agencies. This is an integral part of the system of public accountability in Queensland.

Agencies are responsible for carrying out their functions. Where non-government entities are engaged to perform functions on behalf of an agency, the agency remains responsible for providing that function. If we receive a complaint about a non-government entity engaged by an agency, we will contact the relevant agency first. This gives the agency the opportunity to resolve the issue with the non-government entity.

An Ombudsman investigation may be about a particular complaint or may be undertaken on the Ombudsman’s own initiative. If we find an agency's (or entity’s) practices or procedures can be improved, the Ombudsman can make recommendations.

We can conduct investigations informally. However, the Ombudsman can decide to use formal powers to require agencies to provide documents, information or answers to questions. We complete most investigations in an informal and cooperative way.

We understand that investigations can impact on the resources, competing priorities and timeframes in your agency or entity. Investigators aim to minimise disruption to your workplace and will act with discretion and respect. 

The Ombudsman Act 2001 (the Act) includes a secrecy provision that prevents any person from unlawfully disclosing information obtained during preliminary inquiries or investigations. This applies to Ombudsman officers as well as agency/entity officers.

The Act also states that any obligation you may have to maintain secrecy under another Act does not apply to the information you provide to us.

Responding to a request for information

Ombudsman investigators will usually request particular documents or specific information. Sometimes, they may want to meet officers who were part of the agency’s (or entity’s) decision-making process.

To respond to a request, you should:

• provide all the information we request as soon as possible or by the due date in our correspondence
• use plain language and provide a clear, accurate and complete response.

You can also provide background information if you think it will help our investigation. However, please make sure you explain the relevance of the material.

If you have any questions or concerns about the information request or the timeframe, please contact the investigator. 

The request for information may cause your agency or entity to reconsider its original decision or identify improvements in its policies or procedures. If this is the case, tell us about it in your response. You can also talk directly to the investigator about what your agency or entity plans to do.

Analysis and outcomes 

Investigators will consider the information gathered. They may decide to seek additional information and may also consult further with your agency or entity, the person who made the complaint, or other experts.

The next steps depend on the information provided, as well as our analysis of it and the complainant’s information. We can finalise the investigation if we are satisfied your agency (or entity, if applicable) has:

• appropriately dealt with the matter
• agreed on outcomes that will informally resolve the complaint.

If the Ombudsman considers that an administrative action was unlawful, unfair or unreasonable, we will inform you (in writing) of the Ombudsman's proposed opinions and recommendations to address the issue. We will give you an opportunity to respond before we make a final decision.

The Ombudsman can also prepare a report under section 50 of the Act. We will always provide an agency (and entity, if applicable) with the opportunity to respond to a proposed section 50 report. The Ombudsman may, with approval from the Speaker, table the report in parliament and release it publicly.

Where our investigation arises from a complaint, we will also inform the complainant of the final decision.

Monitoring and compliance

We monitor an agency’s (or entity’s) compliance with recommendations they accept. You may be asked to provide evidence that your agency (or entity) has implemented the recommendations.