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Robodebt Royal Commission Report: OCO Response to Recommendations
July 2023
This document
- divided into 3 parts
- catalogues recommendations of the Royal Commission into the Robodebt Scheme (RRC) of interest to the Office of the Commonwealth Ombudsman (OCO) and suggests actions.
•
Part 1 sets out OCO's position in relation to the recommendations in Chapter 21.
•
Part 2 sets out actions concerning the implementation of the 5 recommendations that are directly related to OCO and our powers.
•
Part 3 sets out actions for OCO where we have an interest in the implementation of the recommendations.
Recommendation
OCO actions
Due date
Progress
Responsible
PART 1: Input to Government Response
In Chapter 21, the RRC makes 5 recommendations that directly impact the
Action 1:
Subject to RRC
On track
SAO, P&A;
Office and our powers.
Through engagement with the Government Response taskforce, advise the Government to accept all
Response
Director, Policy
recommendations in Chapter 21.
timeframes
PART 2: Recommendations directly related to the OCO and our powers
Recommendation 21.1: Statutory duty to assist
Action 2 (addresses recommendation 21.1 and 21.2):
Subject to govt
On track
SAO, P&A;
A statutory duty be imposed on departmental secretaries and agency chief
processes
Director, Policy
executive officers to ensure that their department or agency use its best
Advise AGO and RRC response taskforce that:
0MB has so
endeavours to assist the Ombudsman in any investigation concerning it,
•
the OCO accepts these 2 recommendations
advised AG re
with a corresponding statutory duty on the part of Commonwealth public
•
the recommendations should be implemented through amendments to the Ombudsman Act 1976 .
s 33
servants within a department or agency being investigated to use their
1 b _e _st_ e_n_d_e_a_v _o _u _rs_ t_o_ a_s_s _is _t _th_ e_O_m_b_u_d_s_m_a_n_in_ t_h_e_ i _n _v _es_ n�·g�a_n_·o_n_. ____
--
----1
Subsequent actions
Recommendation 21.2: Another power to obtain information
• Engage with AGO on amendments to the 0MB Act.
The Ombudsman Act be amended to confer on the Ombudsman a power
in equivalent terms to that in s 33(3) of the Auditor-General Act.
\
Recommendation 21.3: Oversight of the legal services division
Action 3:
PROPOSED FO�
SAOs
Departmental and agency responses to own motion investigations by the
[Update investigations policy to:
CONSIDERATION
Investigations
Ombudsman should be overseen by the legal services division of the
•
reflect that investigators should expect that agency legal teams be involved in OM ls. This expectation
& DIAL
relevant department or agency.
could be communicated to an agency via s8(1) letter etc, if desired
/ • inform investigators about core duties and responsibilities of government lawyers. If investigators
suspect an agency lawyer is not fulfilling core duties and responsibilities, escalate to SES.]
Action 4
Subject to govt
SAO P&A;
Engage with RRC response taskforce concerning acceptance and implementation of linked recommendations: processes
Director Policy
•
Recommendation 19.2: Training for lawyers
- Services Australia
•
Recommendation 19.3: Legal practice standards
- Social Services
•
Recommendation 19.4: Training for lawyers - Social Services
•
Recommendation 19.1: Selection of chief counsel
Recommendation 21.4: Log of communications for OM ls
Action 5:
August 2023
On track
SAOs
The Ombudsman maintain a log, recording communications with a
Update the 'Investigations Policy' to require investigation teams to keep a transparent record of
Investigations
department or agency for the purposes of an OMI.
communications concerning actions or proposed actions by the agency during an investigation.
& DIAL
Recommendation 21.5: Powers of referral to new admin review body
Action 6:
Subject to govt
On track;
SAO, P&A;
ss 10A and 11 of the Ombudsman Act should be amended to ensure the
Engage with RRC response taskforce and Administrative Review Reform Taskforce concerning acceptance and processes
Submissions
Director, Policy
Ombudsman has the powers of referral and recommendation of referral in
implementation of this recommendation.
made 12 May.
respect of that new administrative review body.
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Contents
Commonwealth Ombudsman’s foreword
2
What we do
4
Purpose
5
Our objectives
6
Key activities
7
Corporate structure
8
Performance and service delivery
9
Performance
9
Performance criteria and targets
10
Service delivery
11
Our operating environment
12
Environmental factors
12
Australian Public Service Reform and Enterprise Bargaining
12
Australian Government Data and Digital Strategy
12
Establishment of the National Anti-Corruption Commission
12
Factors associated with our activities
13
VET FEE-HELP Student Redress Measures
13
Defence abuse reparation scheme
13
Public Interest Disclosure (PID) Scheme
13
Other factors
14
Decisions by government and entities we oversee
14
Cooperation
14
Extended functions
14
Capability
15
People
15
Technology
15
Infrastructure
16
Diversity and inclusion
16
Reconciliation Action Plan
16
Risk oversight and management
18
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Commonwealth
Ombudsman’s
foreword
As the accountable authority of the Office of the
Commonwealth Ombudsman (the Office), I am pleased
to present the Office’s 2023–24 Corporate Plan.
This plan covers the four-year period to 2026-27, as
required under section 35(1)(b) of the Public Governance,
Performance and Accountability Act 2013 (Cth). It
identifies the strategic and operating framework, and
the actions we will take to achieve our purpose.
This corporate plan articulates how we will
the entities we oversee and Parliament in our
engage with people with grievances about
independence and credibility through robust
government agencies and regulated entities.
investigations and oversight. We will continue
Through this, we will also seek to influence
to engage effectively with complainants and
enduring systemic improvement in public
with the entities we regulate, and appropriately
administration in Australia and provide assurance
exercise our powers and resources to take a stand
that the Australian Government and private sector
when it is necessary.
entities we oversee act with integrity and treat
As an Office we have proactively engaged with
people fairly.
the establishment of the National Anti-Corruption
There are a range of factors influencing the
Commission, both as an agency within its remit,
broader Australian Public Service operating
and as a fellow oversight body. We will continue
environment that we are engaged with, and
to do so in 2023-24.
planning for, this year. The APS is currently
We have taken stock of the recent Report of the
engaged in bargaining, and we will be engaging
Royal Commission into the Robodebt Scheme
with our staff to introduce a new Enterprise
and made some changes to our processes and
Agreement in 2023-24. More broadly, integrity is
procedures. We have reflected on what it means
a key pillar of the broader APS reform agenda.
to be independent, robust and credible.
We are acutely aware of our role as a
Complaints management is at the core of
Commonwealth integrity agency and the unique
what we do. People who raise concerns with
position we hold to influence the community’s
us expect clear and simple interactions. The
trust in the public service. Over the next four
Office will build internal capability and use and
years, the Office will take purposeful action
invest in technology innovations to meet these
to strengthen the confidence of the public,
expectations and support our achievement
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2023–24 CORPORATE PLAN
OFFICE OF THE COMMONWEALTH OMBUDSMAN
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of delivering an effective service. We go into
In the year ahead we will continue to employ
2023-24 with a greater focus on the early
professional curiosity and courage to enhance
resolution of complaints, using technology to
how the Office influences improvements in
assist the efficiency of our operations, where it is
public administration. Some of our functions
appropriate to do so.
are new or evolving, while we are also focusing
on the finalisation of some key schemes we
In addition to resolving individual complaints,
currently administer. The Office will make the
the Office addresses problems that may affect
best use of its resources to develop our people
the broader community through our focus on
and take effective action which supports the
systemic issues. We will continue to detect and
best outcomes for all Australians. Strengthening
monitor trends and undertake own motion and
a robust performance culture within our agency
other investigations, where appropriate. We will
will help to drive improved service outcomes. This
seek to influence the entities we oversee and
plan includes our updated 2023-24 performance
we will share learnings with the community,
framework.
Parliament and entities we oversee through our
published reports reflecting the outcomes of our
I look forward to meeting the challenges and
investigations, assurance activities and insights.
opportunities over the life of this plan.
We are committed to enhancing the value and
efficiency of our statutory oversight functions,
including through our focus on preventing
inhumane treatment of people in detention
under OPCAT and through our oversight of
the use of covert and intrusive powers by law
enforcement and integrity agencies. Our risk-
based oversight approach to overseeing these
activities supports the Office to focus resources
Iain Anderson
on areas of greatest risk.
Commonwealth Ombudsman
18 August 2023
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What we do
Independent,
Visit detention facilities and
Improving public administration
accessible, effective
inspect law enforcement agencies
by influencing entities to be
complaint handling
accountable, lawful, transparent
and responsive
OUR OBJECTIVES
OUR 2023–24 PRIORITIES
Early resolution of
Investing in
Increasing
Enhancing
Enhancing how
complaints where it is
efficient, effective
outreach and
the value and
we influence
appropriate to do so
and accessible
community
efficiency
enduring systemic
complaints
engagement
of statutory
improvement in
management
oversight
public administration
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2023–24 CORPORATE PLAN
OFFICE OF THE COMMONWEALTH OMBUDSMAN
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Purpose
The outcome of the Office of the Commonwealth
In fulfilling our purpose, we strive to maintain the
Ombudsman is:
confidence of three main groups:
‘Fair and accountable administrative action by
• the community
Australian Government and prescribed private
• Parliament
sector entities, by investigating complaints,
• Government agencies and private sector
reviewing administrative action and statutory
entities that we oversee.
compliance inspections and reporting.’
We deliver on our purpose through complaint
The Office delivers this outcome through its
handling, conducting investigations, performing
purpose to:
visits and inspections, encouraging good public
• provide assurance that the Australian
administration practices, and administering
Government and prescribed private sector
specialist redress schemes.
entities that the Office oversees act with
integrity and treat people fairly
To support us to achieve our purpose in 2023–24,
we have implemented a number of changes
• influence enduring systemic improvement in
to our performance framework. The changes
public administration in Australia.
include refining our objectives.
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Key activities
Our jurisdiction is broad, and we work across
We assess reports from current and former
a diverse environment. We oversee Australian
members of the Australian Defence Force
Government entities and their contracted
regarding the Defence abuse reparation scheme
service providers, subject to some specific
and students regarding the VET FEE-HELP
statutory exclusions (such as intelligence
redress measures.
agencies and the Australian Taxation Office).
Our legislation provides the power to require
We have a range of formal powers to support
the production of information or documents,
the delivery of our oversight, in respect of
to examine witnesses (including under oath
government agencies and the private sector.
or affirmation) and to enter premises for the
We oversee Commonwealth, state and territory
purposes of our functions.
law enforcement and integrity agencies’ use of
During 2023–24, and over the next four years, we
certain intrusive and covert powers.
will focus on maintaining the confidence of the
We proactively visit Commonwealth places
community, Parliament and entities we oversee,
of detention and coordinate the network of
through:
preventive monitoring bodies across states and
• Delivering and investing in effective, efficient
territories, as part of Australia’s implementation
and accessible complaints management as
of the United Nations Optional Protocol to the
the central function of the Office, including
Convention against Torture and Other Cruel,
an increase in outreach and community
Inhuman or Degrading Treatment or Punishment
engagement and a greater focus on early
(OPCAT).
resolution of complaints, where appropriate,
We also oversee a range of private sector
to deliver the best possible service to
entities, including:
complainants.
• private health insurers
• Enhancing the value and efficiency of our
statutory oversight functions to provide
• some postal operators
assurance over detention facilities, law
• some providers of tertiary and vocational
enforcement agencies, and integrity agencies
education and training services.
by introducing a more flexible and risk-based
We have a role in administering the Public
approach to assurance activities.
Interest Disclosure (PID) Scheme including
• Enhancing the ways the Office influences
investigating certain public interest disclosures
enduring systemic improvement in public
and handling complaints about the management
administration.
of public interest disclosures by Commonwealth
government agencies.
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Corporate structure
The Office is currently organised into five branches, with a small Strategic Insights Team reporting
directly to the Ombudsman and Deputy Ombudsman.
Ombudsman
Strategic
Insights
Deputy
Ombudsman
Defence,
Policy and
Investigations
Complaints
Investigations,
Corporate
Assurance
ACT and Legal
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2023–24 CORPORATE PLAN
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Our performance against the criteria will
4-year projection
be demonstrated both qualitatively and
Our Key Performance Indicators will continue
quantitatively. For some criteria, setting a target
in the forward years. However, in the 4 years
of 100 per cent success is appropriate, especially
ahead we will review the changes made to our
those related to compliance (such as the target
performance framework and ensure that our
that 100 per cent of reports will be published
objectives and targets remain appropriate.
within statutory timeframes). For other measures,
our aim is to achieve performance results against
a set percentage target (for example, measuring
complaint handling performance).
Performance criteria and targets
This table outlines the performance criteria and the quantitative metrics applicable.
Performance Criterion
Applicable quantitative measures and targets
2023–24
Percentage of complaint handling performance standards met
80%
1
Percentage of complainants surveyed by the Office are
65%
We provide quality complaint
satisfied (or better) with our service
handling services
Percentage of complainants surveyed found our service to be
65%
accessible
Annual
Number of inspections and visits undertaken
count
2
Percentage of planned risk-based inspections and visits
We effectively deliver our assurance
90%
undertaken
activities
Percentage of number of targeted reports for long-term
80%
detainees provided to the Minister
Number of submissions and briefings made to, and
Annual
3
appearances before, Parliamentary Committees
Count
We maintain the confidence of
Percentage of reports delivered within legislative timeframes
100%
community, Parliament and the
entities we oversee
Percentage of surveyed entities give a rating of satisfied (or
65%
better) with our impartiality
4
Annual
Number of publications
We influence enduring systemic
Count
improvement in public
Percentage of formal recommendations in reports accepted
administration
75%
by agencies and entities
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Our operating
environment
Our Executive Committee, supported by input
are likely to emerge in 2023–24 and continue in
from across the Office, plays a key role in
the forward years.
monitoring our operating environment for risks
Sector-wide workplace bargaining negotiations
and opportunities both within, and outside of,
began in 2023 and will continue in 2023–24. This
our control.
work, led by the Workplace Relations Bargaining
As an independent statutory oversight agency,
Taskforce, seeks to establish common conditions.
we have considerable discretion in setting
We will commence a bargaining process to put in
priorities and activities, including having regard
place a new Enterprise Agreement.
to the prevailing risks and opportunities around
us. The Executive Committee regularly considers
Australian Government Data
the Office’s priorities and how best to use our
and Digital Strategy
resources to achieve our objectives.
The government’s final Data and Digital Strategy
Environmental
is expected to be released by the end of 2023.
The initial strategy outlines the government’s
factors
2030 vision for simple, secure and connected
public services for all people and businesses,
We are aware of the evolving Australian Public
with people and businesses at the centre of the
Service (APS) landscape, and in 2023–24
activities. We provide a range of services direct
we will proactively engage with changes across
to the public utilising digital technology. A focus
the APS to maximise our impact and influence.
on people-centred services and accessibility will
Equally, as an agency with complaint handling
inform our 2023–24 activities and continue in the
at its core, we are attuned to environmental
forward years.
factors such as community expectations in the
The need for all organisations to have an
services delivered by the Australian Government
appropriate cyber security posture also influences
and other entities we oversee. These expectations
our operating environment and is reflected in the
are relevant to our operating environment, both
focus areas in our technology roadmap.
as an independent statutory oversight agency
within the APS, and in our role overseeing how
Establishment of the
the Australian Government, and other entity,
National Anti-Corruption
provide services to the community.
Commission
Australian Public Service
The National Anti-Corruption Commission (NACC)
Reform and Enterprise
has been established as an independent agency
Bargaining
to detect, investigate and report on serious or
systemic corruption in the Commonwealth public
The APS Reform agenda reflects a commitment
sector, including our Office. We will deal with
to building a stronger public service that delivers
complaints about the administrative actions of
a better outcome for the community, acts as a
the NACC and inspect the NACC’s use of covert
model employer and contributes to a fairer and
and intrusive powers, alongside the NACC
more inclusive Australia. Activities, including
Inspector.
opportunities to engage in the reform agenda,
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1-year projection
the debt. Following the announcement of an
As well as ensuring compliance with our
extension, the measures will end on 31 December
obligations under the NACC legislation, we will
2023.
prioritise establishing relationships with the
The end of the measures means that to access
NACC and Inspector of the NACC in 2023–24
the Student Redress Measures, potentially
given the potential for our jurisdictions to overlap.
eligible complainants with a VET FEE-HELP
These relationships will be underpinned by
debt need to make a complaint to the Office by
the development of MOUs or similar protocols
31 December 2023.
that would clarify our respective roles and
responsibilities.
4-year projection
Based on current volumes and our funding for
Robodebt Report Recommendations
the administration of this scheme, we anticipate
In July 2023 the Australian Government tabled
finalising all complaints by 30 June 2024. We will
the report by the Royal Commission into the
continue working closely with the Department for
Robodebt Scheme (‘Royal Commission’). Current
Employment and Workplace Relations and the
and former officials of our Office – although not
Australian Taxation Office to consider options for
compellable by Royal Commissions – voluntarily
VET FEE-HELP complainants once the student
provided statements and appeared as witnesses,
redress measures end.
to assist the Royal Commission. A number of
recommendations touch directly upon our role
Defence abuse reparation
and powers.
scheme
1-year projection
In December 2017 we commenced
The Office is committed to working through
administering the Defence abuse reparation
the Royal Commission’s recommendations,
scheme following amendments to the Defence
observations and comments with a view to
Force Ombudsman’s abuse reporting functions
actively engaging with the development of the
under the Ombudsman Regulations 2017.
government’s response, led by the Department
Eligibility to be assessed for a reparation
of the Prime Minister and Cabinet, the Attorney-
payment under the scheme closed on
General’s Department (AGD), and the Australian
30 June 2023, which was the deadline for
Public Service Commission.
making a report to the Office. We will publish
an interim report into our administration of the
Factors associated
scheme in late 2023.
with our activities
4-year projection
Once all eligible reports are assessed, the Office
In 2023–24 we will be impacted by both the
will collate relevant and de-identified data into
expansion of some of our internal functions, and
a final report. We will finalise assessment of all
current scheme administration activities drawing
eligible reports under the scheme within the
to a close. We are planning for those activities.
4-year reporting period.
VET FEE-HELP Student
Public Interest Disclosure
Redress Measures
(PID) Scheme
The VET FEE-HELP Student Redress Measures
In June 2023, the Parliament passed
(the measures) came into effect on 1 January
amendments to the Public Interest Disclosure
2019. Under the measures, people who believe
Act 2013 (PID Act) to implement several
that they incurred a VET FEE-HELP debt because
recommendations of the 2016 Review of the PID
of inappropriate conduct by an education
Act (the Moss review). These included improved
provider can complain to us and seek redress.
protections for disclosers and other persons
We assess whether a recommendation can be
assisting the investigation of a disclosure,
made to the Secretary of the Department of
removing personal work-related conduct from
Employment and Workplace Relations to recredit
the scope of the PID Act, and providing our Office
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and the Inspector-General of Intelligence and
Cooperation
Security (IGIS) with new powers to oversee the
operation of the PID Scheme. The amendments
We build robust working relationships with
took effect from 1 July 2023, to coincide with
the agencies we oversee and strong working
commencement of the National Anti-Corruption
relationships with civil society to support our
Commission. The government indicated it will
ability to influence systemic improvement in
consult on a second stage of reforms involving
public administration.
the redrafting of the PID Act to address the
This includes:
underlying complexity of the scheme and
provide effective and accessible protections to
• responding to agencies’ and industry
public sector whistleblowers.
providers’ requests for comments on new
initiatives or reforms
In 2023–24, we will focus on providing assistance
• participating in government and industry
to disclosers and agencies regarding the
forums
July 2023 changes to the PID Act, via guidance
materials, training and forums. We will also
• holding briefings with agencies and peak
implement our new reporting and oversight
bodies on a regular or ad-hoc basis
functions, including a risk-based approach to
• identifying opportunities to expand (and
identifying agencies or issues that might warrant
reduce) our engagement activities to match
closer scrutiny. These activities will be delivered
priorities.
to the extent possible within existing funding, no
Increasing community outreach and
new funding having been received for these new
engagement is an area of focus in 2023–24.
functions.
This focus includes considering how to improve
1-year projection
awareness of our Office and the accessibility of
Into 2024–25, we will work with AGD and the
our services and products and identify current
IGIS to contribute to consultation on the second
issues and trends. Our engagement focus also
stage of reforms. Subject to our functions under
extends to engaging with Australian Government
the PID Act being maintained in the reforms, over
agencies and other entities we oversee through
coming years we will continue to assist disclosers
targeted engagement in line with our objective
and agencies to implement the updated scheme,
to influence enduring systemic improvement in
while also maturing our reporting and oversight
public administration in Australia.
frameworks.
Extended functions
We remain well placed to take on further
complementary activities with appropriate
Australian Capital Territory (ACT) Government
resourcing.
legislation provides that the Commonwealth
Ombudsman is also the ACT Ombudsman. As
Other factors
ACT Ombudsman we are also the Inspector of
the ACT Integrity Commission, we administer
the ACT Reportable Conduct scheme and we
Decisions by government
oversight the ACT FOI Act. We are accountable to
and entities we oversee
the ACT Legislative Assembly for the performance
of these functions.
Decisions made by the Australian and ACT
Governments can impact our operating
environment, including changes to our
responsibilities and levels of resourcing.
A large part of our work involves engagement
with public and private sector entities. While
we seek to influence the entities we oversee,
their decision-making is outside our control.
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Capability
People
4-year projection
The 4-year outlook will see our focus on strategic
Our people, infrastructure and technology are
and operational workforce planning continue,
essential to achieving our purpose. We are
ensuring that the Office has the right people,
committed to our Reconciliation Action Plan,
with the right skills in the right roles, at the right
inclusion and diversity.
time to deliver our services with impact. We will
continue our active focus on embracing and
We are focused on supporting our workforce to
promoting an inclusive culture that focuses on
be adaptive, dynamic, innovative and engaged.
the employee experience.
In 2023–24 we are focused on workforce
planning and developing our Workforce Strategy
Technology
with a focus on the following 4 key areas:
• Effective leadership – is a critical driver of
We are seeking opportunities through technology
organisational performance. We encourage
to make engaging with our Office easier. We
leadership at all levels and support this by
aim to respond to and resolve issues faster,
developing leadership skills in all our staff.
using research on how we can most effectively
This includes focused development for our
communicate with the public.
Executive leaders and our emerging leaders
Our technology roadmap has six key focus areas.
to ensure effective organisational succession
These are:
where possible.
• Attraction, recruitment and retention –
• Cloud adoption – replace core systems with
recognises the critical skills needed across our
cloud services (Software-as-a-Service) to
Office and builds on recent improvements
improve security, maintainability,
to our recruitment practices, including the
inter-operability and future capability.
implementation of an eRecruit system, the
• Digital transformation – modernise services
refresh of a Temporary Employment Register,
to provide an omni-channel experience based
and the development of an Employee Value
on customer needs.
Proposition in 2023.
• Workforce mobility – ensure our workforce
• Employee wellbeing – in 2024 we will launch
can productively work anywhere and at any
our new Wellbeing Strategy and continue
time across and beyond the Office, using
to build on our performance management
fit-for-purpose technology solutions.
and recognition programs with the support
• Security and reliability – ensure we provide
provided by the Employee Assistance Program.
robust, reliable and resilient ICT services across
Complementing our strategies to support all
our agency, as part of a whole-of-government
staff, we have a key focus on the wellbeing of
response to increased security threats and
our people in frontline service roles.
cyber threats in particular.
• Capability enhancement – we will review
• Digital records – ensure our digital
our centralised learning and development
record-keeping supports staff mobility and
and performance development frameworks
helps employees to work productively and
to embed core competencies and skills,
innovatively.
and ensure our learning and development
• Business intelligence – invest in business
is aligned to APS-wide capability initiatives
systems that support inter-operability and on-
and strategies. Our focus will also address
demand, dynamic analytics.
capability needs and gaps identified through
APS Reform, APS Census results and the
increase in hybrid ways of working.
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4-year projection
to share both their time and experience to
In the coming years we expect all our core
support our diversity networks, working alongside
systems will be cloud-based, simplifying
senior leaders. Our Senior Assistant Ombudsmen
maintenance and improving security while
undertake the following roles:
providing the latest capabilities to meet
• Culturally and Linguistically Diverse Champion
our customers’ needs. We will investigate
• LGBTIQ+ Champion
opportunities to use artificial intelligence to assist
• Disability Champion
in identifying systemic themes affecting our
customers.
• Wellbeing Champion
• First Nations Champion.
Infrastructure
4-year projection
Our staff work across offices in Canberra, Sydney,
Our 2023–2025 Diversity and Inclusion Strategy
Brisbane, Melbourne, Adelaide and Perth.
will be launched in late 2023, reflecting our
Our office space in each of these locations
continued commitment to progressing the
facilitates our hybrid working arrangements.
diversity and inclusiveness of the Office.
We are strongly connected across our
geographic locations, with many staff working in
Reconciliation
geographically dispersed teams. ICT applications,
such as video conferencing, are used to ensure
Action Plan
continuity of purpose and collaboration between
the various locations. Our remote working
Our vision for reconciliation is to provide open,
capability and video conferencing play of central
transparent, fair and accessible complaint
role in our day-to-day operations. We continue to
services to Aboriginal and Torres Strait Islander
increase our flexibility by improving our remote
peoples, better engagement with Aboriginal and
working technology to maintain or improve our
Torres Strait Islander communities and service
current productivity.
providers, cultivate culturally competent senior
leaders and staff across all work functions and
4-year projection
locations, and support career development
We will continue providing services across the
opportunities for our Aboriginal and Torres Strait
country and improve the agility and connectivity
Islander staff.
of the offices through enhanced ICT capability.
In 2023 we will launch our 2023–2025
We will regularly review our property footprint to
Reconciliation Action Plan (RAP), which is a vital
seek efficiencies while ensuring we have flexible,
part of our commitment to ensuring we deliver
practical, sustainable and future-proof designs
services to First Nations peoples that are equal,
that support our strategic priorities.
open and culturally sensitive. Our RAP provides a
public commitment to continuing reconciliation.
Diversity and
This includes practical steps to build relationships
inclusion
with Aboriginal and Torres Strait Islander
peoples and communities, while increasing our
understanding of Aboriginal and Torres Strait
We continue our commitment to inclusivity
Islander cultures and histories. The RAP is part of
through acknowledging days of importance
our work to make our services more accessible to
across a variety of diversity domains. This includes
Aboriginal and Torres Strait Islander peoples.
all-staff events recognising NAIDOC Week,
IDAHOBIT Day, International Day of People with
Our Office has a dedicated Manager for
Disability, and Refugee Week.
Indigenous Coordination and a First Nations
Employee Network, providing advice and
We value a workforce that reflects the diversity of
support to staff handling complaints relating to
our stakeholders, partners, and the community
First Nations peoples and communities. Our RAP
we serve. Our activities are driven by executive
Working Group also delivers on the actions within
champions, networks and regular activities to
our RAP to raise staff awareness.
support our inclusive culture. Many staff volunteer
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2023–24 CORPORATE PLAN
OFFICE OF THE COMMONWEALTH OMBUDSMAN
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4-year projection
We will continue to support and grow our First
Nations workforce and deliver culturally sensitive
complaint services. We will do this through
implementing strategies to support and develop
our First Nations staff.
We will carry out our commitments under the
new RAP to support our staff to grow, learn and
practice innovative reconciliation measures across
the Office. We will increase understanding,
value and recognition of Aboriginal and Torres
Strait Islander cultures, histories, knowledge
and rights through cultural learning. We
will improve employment outcomes by
increasing Aboriginal and Torres Strait islander
recruitment, retention and professional
development.
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Risk oversight and
management
We promote a risk-aware culture by embedding risk management in all levels of our operations.
We strive to ensure our people understand how their work helps to identify and manage risk.
This culture is supported by a defined governance structure.
The management of risk is led by the Executive Committee and is carried out in accordance with
our Office’s Risk Management Policy and Framework. The Executive Committee is chaired by the
Ombudsman. Membership of the Executive Committee is comprised of the Deputy Ombudsman,
Senior Assistant Ombudsmen, and Executive Level 1 and 2 representatives on a rotational basis.
The Ombudsman is also supported by the Audit and Risk Committee, which provides independent,
objective assurance through:
• the unbiased assessment of the operations of the Office
• advice about the Office’s financial and operational controls
• assistance with improving the agency’s business performance
• information to management on the effectiveness of risk management, control and governance
processes.
The Risk Management Policy and Framework ensures that management of risk is integrated into
planning, decision making and activities under a single risk management structure and provides the
Ombudsman with appropriate systems and internal controls for the oversight and management of risk.
The Office has identified five enterprise risks and the strategies we use to manage them.
Risk description
Risk type
Risk mitigation strategies
Delivery of functions is not
Reputation
We:
effective and does not meet
• monitor performance
the expectations, or maintain
• review programs, practices, policies and
the confidence, of the
procedures for continuous improvement
community, Parliament or the
• identify, and track progress on, emerging
entities we oversee
issues and continuous improvement
activities
• develop and implement plans and
strategies for continuous improvement.
Failure to influence and hold
Reputation/
We:
entities we oversee to account
Relevance
• actively and strategically manage
stakeholder engagement
• identify emerging issues
• deliver timely and fit-for-purpose
investigations and reports
• review programs practices, policies and
procedures
• develop fit-for-purpose education and
outreach events.
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2023–24 CORPORATE PLAN
OFFICE OF THE COMMONWEALTH OMBUDSMAN
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Risk description
Risk type
Risk mitigation strategies
Inadequate operating model
Reputation/
We:
and systems reduce service
Service delivery
• develop and implement plans and
effectiveness across all
strategies
functions
• review programs, practices, policies and
procedures
• have internal and external audits to monitor
delivery of services and plans.
Ineffective Corporate
Resource
We:
business systems and
• have appropriate plans and strategies in
technology
place (including Security and ICT reviews)
• review programs, practices, policies and
procedures
• have internal and external audits
• have fit-for-purpose corporate services
• have a Wellbeing program and Employee
Assistance Program
• conduct workplace assessments
• identify emerging issues
• effectively manage our internal budget.
Inability to attract, support
Resource
We:
and retain staff
• develop and implement plans and
strategies for continuous improvement
• review programs, practices, policies and
procedures
• have internal and external audits
• have a Wellbeing program and Employee
Assistance Program
• identify emerging issues
• have fit-for-purpose corporate services,
including recruitment processes and
systems.
4-year projection
Following the release of the updated Commonwealth Risk Management Framework in late 2022, we
are currently undertaking a review of our Risk Management Policy and Framework. This is anticipated
to be finalised in 2023–24. Our people will be provided information about the revised framework to
enhance our risk-aware culture across the Office.
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What to tell complainants – phone contacts
For enquiries about how the Office is responding to the Royal Commission’s report, we are
explaining to complainants:
• The Office actively worked with the Royal Commission to assist with its inquiries into the
Robodebt scheme.
• Both current and former Ombudsman officials voluntarily provided statements to the
Commission and appeared as witnesses.
• The Office is currently reviewing the Royal Commission’s report to consider the lessons
learned
• We cannot comment further until we have reviewed the report in its entirety.
Written contacts
For written enquiries about how the Office is responding to the Royal Commission’s report,
please send the fol owing template:
Thank you for your enquiry, raising your concerns about the Commonwealth Ombudsman’s
response to the Royal Commission into Robodebt final report.
The Office actively worked with the Royal Commission to assist with its inquiries into the
Robodebt scheme. Both current and former Ombudsman officials voluntarily provided statements
to the Commission and appeared as witnesses.
The Office is currently reviewing the Royal Commission’s report to consider the lessons learned.
We cannot comment further at this stage.
For all other enquiries/complaints related to Robodebt
If the caller asks questions about the Office’s role in Robodebt that cannot be answered by the
above, please open a new s 47
, and record the details as per business as usual,
including the outcome the complainant is seeking, escalate to s 47 and refer to s 47
.
For any new complaints received about individual circumstances involving Robodebt, please
assess the complaint as per usual, in consultation with your Team Leader.
Once we have had an opportunity to review the Royal Commission’s report, we will provide
further guidance for responding to contacts about Robodebt.
Guidance – Robodebt Royal Commission Report
2
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What to tell complainants – phone contacts
For enquiries about how the Office is responding to the Royal Commission’s report, we are
explaining to complainants:
• The Office actively worked with the Royal Commission to assist with its inquiries into the
Robodebt scheme.
• Both current and former Ombudsman officials voluntarily provided statements to the
Commission and appeared as witnesses.
• The Office is currently reviewing the Royal Commission’s report to consider the lessons
learned
• We cannot comment further until we have reviewed the report in its entirety.
Written contacts
For written enquiries about how the Office is responding to the Royal Commission’s report,
please send the fol owing template:
Thank you for your enquiry, raising your concerns about the Commonwealth Ombudsman’s
response to the Royal Commission into Robodebt final report.
The Office actively worked with the Royal Commission to assist with its inquiries into the
Robodebt scheme. Both current and former Ombudsman officials voluntarily provided statements
to the Commission and appeared as witnesses.
The Office is currently reviewing the Royal Commission’s report to consider the lessons learned.
We cannot comment further at this stage.
For all other enquiries/complaints related to Robodebt
If the caller asks questions about the Office’s role in Robodebt that cannot be answered by the
above, please open a new s 47
, and record the details as per business as usual,
including the outcome the complainant is seeking, escalate to s 47 and refer to s 47
.
For any new complaints received about individual circumstances involving Robodebt, please
assess the complaint as per usual, in consultation with your Team Leader.
Once we have had an opportunity to review the Royal Commission’s report, we will provide
further guidance for responding to contacts about Robodebt.
Guidance – Robodebt Royal Commission Report
2
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80
s 47E, s 47F
s 47
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Alexandra Feo
From:
Jennifer s 47E
Sent:
Thursday, 6 July 2023 5:33 PM
To:
Iain Anderson; Penny McKay; Joanne s 47E; Lisa s 47E
Cc:
Serena s 47E
Subject:
UPDATE: Staff support strategies, Robodebt Royal Commission Report [SEC=UNOFFICIAL]
Dear all,
This is to provide you with an update of the staff support strategies in train post the release of the Robodebt Royal
Commission report tomorrow.
I spoke with Chris s 47E
, and we worked through the following.
Strategies to support staff on general inquiries about the release of the report
FAQs are being developed
Scripted talking points are being wri en to assist staff in managing inquiries
Should complainant behaviour escalate
De‐escala on techniques will be deployed as per Unreasonable Complainant Conduct Policy
If unreasonable complainant behaviour con nues, escalate to a team leader
Reinforce that call can be disconnected
Post incident protocols
Encourage staff member to undertake call debrief with team leader
If necessary, take a break to reframe
If required, encourage staff member to access EAP
Complete an incident report if required
Chris has a team mee ng in the morning, where the above will be re‐iterated. You may also wish to refer to the above in
the Town Hall tomorrow.
Let me know if there’s anything else you need.
Many thanks
Jen
Jen s 47E
Director ‐ Human Resources
COMMONWEALTH OMBUDSMAN
Email: s 47E
Website: ombudsman.gov.au
Proud to work on the lands of the Wurundjeri people of the Kulin Nation
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s 22
85
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Alexandra Feo
From:
Brett s 47E, s 47F
Sent:
Friday, 7 July 2023 11:04 AM
To:
Senior Leadership Group
Cc:
Policy Team
Subject:
Tabling of the Report of the Royal Commission into the Robodebt Scheme [SEC=OFFICIAL]
OFFICIAL
Dear colleagues
The Report of the Royal Commission into the Robodebt Scheme has been tabled: Tabled documents | Document 2743
(aph.gov.au)
Thanks
Bre
Brett s 47E, s 47F
Assistant Director, Policy
COMMONWEALTH OMBUDSMAN
Phone: s 47E, s 47F
Email: s 47E, s 47F
Website: www.ombudsman.gov.au
The Office of the Commonwealth Ombudsman acknowledges the traditional owners of country throughout Australia and their
continuing connection to land, culture and community. We pay our respects to elders past and present.
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