The Ombudsman maintain a log, recording communications with a department or agency for the purposes of an own motion investigation.
The Government accepts this recommendation.
The Commonwealth Ombudsman is committed to effective information and records management systems that meet business needs, accountability requirements and stakeholder expectations. As a public administration oversight and educative body, the Commonwealth Ombudsman should maintain excellent records and demonstrate a high standard of information management.
The Commonwealth Ombudsman requires investigators to maintain a log of communications with agencies under investigation when conducting own motion investigations.
The AAT is soon to be replaced by a new administrative review body. S 10A and s 11 of the Ombudsman Act should be amended so as to ensure the Ombudsman has the powers of referral and recommendation of referral in respect of that new administrative review body.
The Government accepts this recommendation.
The Commonwealth Ombudsman has the power under section 10A of the Ombudsman Act 1976 (Cth) to refer questions of law arising in an investigation for the opinion of the Administrative Appeals Tribunal (AAT). The Ombudsman also has a related power, under section 11 of the Ombudsman Act 1976 (Cth) to recommend that the principal officer of a department make such a referral. These powers are integral to ensuring there are not unresolved matters of law in respect of an agency's actions under investigation by the Ombudsman.
The Government is developing legislation to repeal the Administrative Appeals Tribunal Act 1975 (Cth) and to establish a new administrative review body. The Government will introduce consequential amendments to sections 10A and 11 of the Ombudsman Act 1976 (Cth) to retain the power for the Commonwealth Ombudsman to refer or recommend referral of matters to that new body.
These amendments will enable two important elements of the Commonwealth's administrative law scheme to work together to resolve issues of significance to the community.
