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South Australian Ombudsman

The Office of the South Australian Ombudsman (now known as Ombudsman SA) was created to deal with complaints against State Government agencies.

Its four primary focuses are:

  • Complaints – can investigate complaints about State government departments, local government councils and breaches of the service standards and other administrative acts of Return to Work ( RTW) corporation and self-insured agencies
  • Freedom of Information review – review decisions made about the supply of public information under the Freedom of Information Act 1991 (SA)
  • Public interest disclosures – can receive appropriate disclosures of information on a confidential basis under the Public Interest Disclosure Act 2018 (SA) (formerly the Whistleblowers Protection Act 1993 (SA))
  • Misconduct and maladministration- receive, assess, and investigate reports about misconduct and maladministration in public administration made, or referred to, the Office

Misconduct in public administration is defined as an intentional and serious contravention of a code of conduct by a public officer, while acting in their capacity as a public officer, that constitutes a ground for disciplinary action against the officer [Ombudsman Act 1972 (SA) s 4(1)].

Maladministration in public administration is defined as:

  • conduct of a public officer, or a practice, policy or procedure of a public authority that results in an irregular and unauthorised use of public money or substantial mismanagement of public resources, or conduct of a public officer involving substantial mismanagement in or in relation to the performance of official functions; and
  • includes conduct resulting from impropriety, incompetence or negligence; and
  • is to be assessed having regard to relevant statutory provisions and administrative instructions and directions

[Ombudsman Act 1972 (SA) s 4(2)]

Not all government agencies fall within the Ombudsman’s jurisdiction. For example, complaints against the Police (see Complaints against police) and complaints against judicial officers (see Complaints against Judges and other judicial officers) are not dealt with by the Ombudsman’s office.

Any person can make a complaint about public administration if it relates to alleged misconduct or maladministration in public administration.

In other cases, before a complaint can be investigated there are five conditions that must be satisfied:

  • The agency concerned must be an agency within the jurisdiction of the Ombudsman (e.g. a complaint against Police cannot be investigated)
  • There has to be an identifiable administrative act
  • It must be within the time limit i.e. 12 months
  • The complainant must be directly affected by the act complained of
  • There has to be a likely remedy available

The South Australian Ombudsman has additional powers to enter premises and to inspect documents and may, where it appears to be in the interests of an agency or the public, publish a report which will be referred to the relevant Minister. Under s 14A of the Ombudsman Act 1972 the Ombudsman also has the power to conduct a review of the administrative practices and procedures of an agency if it is in the public interest to do so.

Legislation

South Australian Ombudsman  :  Last Revised: Wed Oct 27th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.