In-Depth Notes on Public Investigatory Bodies and Information Disclosure

Public Investigatory Bodies

• Definition: Bodies investigating the actions of government to enable public scrutiny and accountability.
• Types of Bodies:
  • Auditors General
  • Ombudsmen
  • Anti-corruption commissions
  • Human rights bodies
  • Royal Commissions

Auditors General

• History: First established in NSW in 1824.
• Function: Conduct financial and performance audits on government departments.
• Key Legislation: Auditor General Act 1977 (Cth).
• Independence:
• Appointed for a term of 10 years.
• Has complete discretion in conducting audits (s8(4)).
• Reports audit findings to Parliament.
• Notable Audits:
• 2012: ASIO
• 2016: Department of Immigration & Border Protection

Ombudsmen

• Legislation: Ombudsman Act 1976 (Cth).
• Appointment:
• Appointed by the Governor-General for a term of 7 years.
• Requires a vote from both Houses of Parliament for removal.
• Functions:
• Investigates complaints regarding government administration, focusing on the performance of executive functions.
• Can initiate investigations on own motion or receive referrals from Parliament.
• Complaint Process:
• Complaints can be made orally or in writing.
• Investigations are generally private.
• Reports findings and recommendations, although these are not legally binding.
• Reports can be made to the Prime Minister if recommendations are not complied with.

Jurisdiction of the Ombudsman

• Within Jurisdiction:
• Public service (excluding employment issues)
• Public statutory authorities (e.g., Australia Post, Centrelink)
• Decisions made by a Minister (not delegate).
• Outside Jurisdiction:
• Actions of judges, Ministers, Parliament, and most private entities.
• (Refer to s 5 of the Ombudsman Act 1976 (Cth) for specific exclusions.)

Human Rights Commissions

• Context:
• Address human rights issues in areas such as immigration, social security, and child welfare.
• They aim to settle discrimination complaints but cannot make binding decisions.
• Resolution often done through conciliation; otherwise, cases may be presented to the AAT or courts.

Royal Commissions

• Legislation: Royal Commission Act 1902 (Cth).
• Powers:
• Wide-ranging powers for inquiries, usually public, but can be private.
• Examples of Recent Royal Commissions:
• Royal Commission into violence against people with disabilities (Final report 2023).
• Royal Commission into Aged Care Quality and Safety (Final report 2021).

Independent Anti-Corruption Commissions

• Pioneers:
• ICAC in NSW established a broad definition of corrupt conduct.
• Current Structures:
• IBAC in Victoria, NACC in Australia handling systemic corrupt conduct in the public sector.

Information Disclosure and Protection

• Purpose: Achieving accountability through transparency and scrutiny.
• Laws:
• Whistleblowing laws, Freedom of Information (FOI) acts, privacy laws, and data protection laws.
• FOI Act 1982 (Cth): Grants access to documents unless exemptions apply; aims to provide transparency.
• Privacy Acts: Protects personal and sensitive information; various regulations exist at both state and federal levels.
• Whistleblower Protections: Laws in place to protect those who disclose information in the public interest.