An empirical study on the systemic investigations function of the commonwealth ombudsman from 1977-2005

This thesis evaluates the systemic investigations role of the Commonwealth Ombudsman and explores the relationship between its dual roles of system-fixer and individual complaint­-handler. This research is unique as to date no other empirical research has explored the interaction between the dual roles of the Commonwealth Ombudsman. The outcomes of this study provide insight into the operation of the Ombudsman institution as an instrument of democratic accountability and allow for assessment of the operation and effectiveness of the Commonwealth Ombudsman in terms of the citizen, government agencies and the wider legal system. Specifically, this empirical study uses a quantitative approach to test the following two hypotheses about the operation of the Commonwealth Ombudsman: 1. that the Commonweald1 Ombudsman is increasingly using its systemic investigatory function; and 2. that the systemic investigations role is linked to that of individual complaint handling. To address the hypotheses, four subordinate research aims were formulated: 1. To create two longitudinal data sets: one for a select portion of the systemics role of the Commonwealth Ombudsman and the other for the individual complaint handling role. 2. To develop a methodology to facilitate comparative evaluation of the systemic investigations role (formal reports and own motion investigations) and the individual complaint handling role. 3. To conduct a systematic, quantitative analysis of systemic investigations (formal reports and own motion investigations) of the Commonwealth Ombudsman across identified legislative powers from 1978-2005. 4. To undertake data analysis to examine how systemic investigations (formal reports and own motion investigations) relate to the role of the Commonwealth Ombudsman as an individual complaint-handler. Broadly, in relation to the first hypothesis die study finds that the Commonwealth Ombudsman is increasing its use of systemic investigations/powers. In relation to the second hypothesis, the study reveals a symbiotic relationship between the individual complaint handling role and the function of systemic investigation. This research makes a substantial contribution to new knowledge ill four ways. First, it develops a methodology for measuring an administrative law institution. Secondly, it creates two unique quantitative data sets for analysis of the performance of the Commonwealth Ombudsman, one for a definable portion of its system-fixing role and the other for individual complaints. Thirdly, it uses longitudinal comparisons and applies the data over a 28-year period (from 1977, when the Commonwealth Ombudsman was introduced, to 2005) to evaluate the operation and effectiveness of the systemic investigations role and its relationship to individual complaint handling. Finally, it provides both analysis and evaluation of the data results. The data confirms that the role of the Commonwealth Ombudsman is changing, moving from a reactive complaint-handler to increasing its focus upon being a proactive system-fixer. The study identifies opportunities for improving this transition both within the office of the Commonwealth Ombudsman and for policymakers more generally. It also provides suggestions for ensuring that the core values of the Ombudsman institution are not compromised, so that it can provide the maximum ongoing benefit to the system of government administration and to the individual citizen. Given the genesis of the Australian Ombudsman concept from the Swedish 'grundnorm', it is fitting that the methodology developed in this thesis has both national and international application. This study is the first empirical attempt to evaluate longitudinally a mature Ombudsman institution using quantitative methodology. Its measures of impact and performance will be particularly relevant to the Ombudsman institution and to complaint handling bodies more generally

Tick Tock Goes the Clock: Rethinking Policy and Embryo Storage Limits

Abstract Cryopreservation of human embryos remains, in many jurisdictions, a critical component of the use of the technology of in vitro fertilisation (IVF) in assisted reproduction. However, although the reasons for the freezing of reproductive material-such as cost effectiveness and reducing risks of IVF-are a constant across jurisdictions, the desirable length of storage remains subject to ongoing regulatory debate. Internationally embryo storage limits are variable. This article features data from a recent Australian research project which explores individual attitudes, desires and understandings of law of IVF patients (and their partners) who had or who have embryos in storage. This article uses interviews from the study to argue that storage limits, like any apparently neutral regulatory tool, apply unequally causing unintended physical, mental and emotional harm-particularly to women. This analysis of storage limits exposes the interaction of time, science and law to create, apply and enforce norms and practices of 'natural' embryo storage, suggesting that the imposition of inflexible legislative restrictions upon embryo storage are socially contingent and value laden rather than 'natural' or 'scientific'. This outcome has relevance to wider debates over assisted reproduction policies, suggesting that legal frameworks should adopt more flexibility in application to the patients who use this technology

The rise of the Australian Telecommunications Industry Ombudsman

Australia is the first jurisdiction in the world to introduce a national private telecommunications industry ombudsman. Created in 1993, the Telecommunications Industry Ombudsman (TIO) has grown in jurisdiction and importance, becoming a regulatory cornerstone of the fully competitive post-1997 Australian telecommunications regime. This paper examines the role of the TIO as a mechanism for dispute resolution and as an industry regulator, suggesting that it provides an example of an innovatory regulatory process which transcends the divide between deregulation and proregulation. This raises the question as to the applicability of the ombudsman institution in terms of the regulation of telecommunications. Through highlighting the conciliatory nature of the ombudsman, the role of the TIO as a regulator is considered in its Australian context.Industry Ombudsman Alternative dispute resolution Telecommunications consumers Telecommunications regulation

A Snapshot in Time: The Changing Systemic Role of the Australian Commonwealth Ombudsman

The role of the Australian Commonwealth Ombudsman has changed. This change has occurred through operational decision-making rather than through legislative reform. Similarly to many classical ombudsman institutions the Commonwealth Ombudsman has two traditional roles – proactive system fixer and reactive individual complaint handler. Since the office was introduced in Australian in the 1970s. the emphasis placed upon systemic reform has increased. This change is noteworthy as it is generally assumed that these dual roles are related in that improvements produced by one role will impact upon the other. Here it is most often implied in public law literature, that the correction by an ombudsman of a systemic administrative deficiency through its systemic function will reduce numbers of individual complaints. Using empirical data based upon a ‘snapshot in time’ study of the Australian Commonwealth Ombudsman this article argues that this traditional assumptions as to the relationship between the two roles is flawed. The findings of the study presented in this article will impact upon the operation of the ombudsman institution and provide insight into ways in which the role and performance of such a growing international integrity review body may be strengthened