Investigations

Strict confidentiality applies to our investigations while they are underway. When we finish an investigation, the Ombudsman decides whether to make the findings public.

If a report has implications for the wider Victorian community, she might make it public. She does so by tabling the report in the Victorian Parliament.

We usually rely upon the co-operation of public organisations and witnesses when conducting investigations.

However, the Ombudsman has the powers of a Royal Commission. Investigations are conducted in private, and she may use the following powers:

• issue a summons to a person to attend an interview or produce documents
• take evidence on oath or affirmation during an interview
• enter the premises of an organisation to inspect the premises or anything in them
• issue a confidentiality notice to any person
• override certain privileges that usually protect disclosure of information

It is an offence to:

• wilfully obstruct, hinder or resist the Ombudsman
• refuse or wilfully fail to comply with her lawful requirements
• fail to attend or produce any documents when summonsed
• wilfully make a false or misleading statement.

At the final stage of the investigation, the Ombudsman will usually release to affected parties a confidential ‘draft report’. This report indicates her preliminary conclusions and opinions. In particular, it indicates if she intends to make ‘adverse comments’ about the parties.

We might also ask the parties to fact check the our understanding of events.

The process is as follows, where we:

• send relevant sections of the draft report to the person or organisation
• provide an opportunity for the person and organisation to respond in writing
• consider the person’s and organisation’s responses. We may vary, amend or omit a section of the report in light of the responses
• fairly set out the relevant parts of the person’s and organisation’s response in the final report.

The Ombudsman might conclude and report that she is of the opinion that a party’s or organisation’s action or decision was:

• taken contrary to law
• unreasonable, unjust, oppressive or improperly discriminatory
• taken in accordance with a law or practice that is unreasonable, unjust, oppressive or improperly discriminatory
• taken for an improper purpose or on irrelevant grounds
• a decision for which reasons should have, but were not, given
• based wholly or partly on a mistake of law or fact
• wrong.

In certain circumstances, the Ombudsman may decide to discontinue an investigation. When this happens, she will let the parties know of her reasons.

When an investigation finishes, the Ombudsman:

• lets the parties know the outcome
• must provide a report to the relevant Minister
• must provide a report to the head of the relevant organisation (eg Department Secretary, Mayor, Board Chair)
• may provide a copy of a report to the Premier
• can decide whether to table her report in Parliament. When a report is tabled in Parliament, it becomes a public document.

At the end of some investigations, the Ombudsman may make recommendations. These set out actions organisations should take to rectify the errors or prevent similar issues in future.

The Ombudsman is not a court, and her recommendations are not binding. However, the vast majority (about 98%) of her recommendations are usually accepted.