OMBUDSMAN IN AUSTRALIA

NAME : Augustine, Fedra Sulanti, Carolyn Heroh, Nur Nisa,Nasuha, Felicia Dapong,
Zahin, Nur Illahi, Syazarin, Mohd Danish

CLASS : AM110 5D

What is An Ombudsman?
An ombudsman is a government-appointed official who investigates complaints against
businesses, financial institutions, universities, government departments, or other public entities
and attempts to resolve conflicts or concerns raised, either through mediation or by making
recommendations .
History of Ombudsman in Australia
In Sweden, the first Ombudsman was appointed in 1809. The term ombudsman comes
from the Swedish language, meaning representative. It has no regard for gender. It can be applied
to either a man or a woman Western Australia established the first Australian Ombudsman in
1971, followed by South Australia in 1972 and Victoria in 1973. In 1977, the first Commonwealth
Ombudsman was appointed.
Types of Ombudsman in Australia
Firstly, each Australian state and territory has a parliamentary Ombudsman, as well as a
Commonwealth Ombudsman. Other Ombudsmen or commissioners have been appointed by
governments with a more specialised duty for example, to investigate complaints concerning
lawyers, health care. Next is an industry-based Ombudsman which is the work of an industry-
based Ombudsman overseen by a Board or Council formed of representatives from both industry
and consumers, as well as an impartial Chair. Each member of an industry-based Ombudsman
is often charged based on the number and complexity of complaints received regarding the
company.
Function of Ombudsman in Australia
The main function of an ombudsman in Australia is to investigate either on a complaint or
suo motu, into a matter of administration taken by a department or a prescribed authority. The
ombudsman cannot investigate an action taken by a Minister, but an action taken by a delegate
of a Minister is within his jurisdiction. They may also investigate department advice given to a
Minister.
An ombudsman in Australia has the discretion to refuse to investigate a complaint on the
ground that the complaint does not have sufficient interest in the subject matter complained of.
The Australia Act does not use the term maladministration but like New Zealand Act, lays down
a catalogue of administrative action to be defective where the action appears to have been
contrary to law, unreasonable, unjust, oppressive or improperly discriminatory, in accordance with
a rule of law, a provision of an enactment or practice but the rule, provision or practice is or may
be unreasonable, unjust, oppressive or improperly discriminatory, is based either wholly or partly
on a mistake of law or of fact or is otherwise, in all circumstances.
Where the conduct complained of entailed a choice to exercise discretionary authority in
a certain way or not to exercise it at all, the Ombudsman may conclude that irrelevant
considerations were taken into account or that explanations for the decision should have been
provided.