NSW Ombudsman Fails to Deliver Strategic Policies and Guidelines toState and Local Government Agencies, 10.03.2022
The NSW Ombudsman has responded to a formal request for information, disclosing it has no record it delivered a key guideline addressing good conduct and administrative practice aimed at NSW state and local government agencies.
The request for information was lodged by NSW Freedom of Information advocate Telina Webb who initially enquired informally for confirmation of when the Good Conduct & Administrative Practice – Guidelines for State & Local Government March 2017 was issued to state and local government agencies. Ms Webb also requested the Ombudsman disclose the mechanism of delivery of the document, including whether or not agencies were provided the document via email.
On 28th January 2022 Ms Michelle Clement, the Ombudsman’s Communications and Media Officer, informed Ms Webb that the subject document was published on the Ombudsman’s website, and that “typically, we would distribute these guidelines to councils and other interested parties email to targeted contact lists, through meetings and through our website.”
Ms Clement was asked if a formal request was required concerning the release of the targeted contact list and the date(s) the document was delivered. The Ombudsman’s Mr David Wong of Legal, Governance and Risk then forwarded a formal access application to Ms Webb, which was noted to be a generic form provided by the NSW Information & Privacy Commissioner (IPC), which was notably absent of any Privacy Statement. A Privacy Statement informs an individual providing personal information to a government agency about how the information is used.
On 09th March 2022 Mr Wong released his Notice of Decision concerning Ms Webb’s formal request, absent of a distribution contact list and date of delivery in each instance, revealing Ms Clement’s earlier correspondence was not an accurate representation of the Ombudsman’s actions.
Mr Wong made a further statement on the same day as his Notice of Decision saying “It is a statement (the Notice of Decision) only that there is no information in the records held of any correspondence or communications publicising or distributing the 3rd edition Guide to Councils in the period April 2017-18 (apart from the records provided). There was also no information located referring to any such communications for that same period.”
The disclosure by the NSW Ombudsman’s Office makes clear policies and guidelines are not being made available directly and immediately upon release to the targeted audience.
Telina Webb commented “The public has the right to rely on these documents, and as such it expects the Ombudsman’s Office to ensure they are delivered, and delivered immediately, to all state and local government agencies. To realise there is no follow up, no completion of process, makes a mockery of the Ombudsman’s recommendation on how to ensure good conduct and administrative practice are in place. It leaves the public with the strong impression the Ombudsman’s Office is just ticking the boxes the job’s been done and nothing more.”
Given Mr Wong’s indication the document has ventured no further than the Ombudsman’s website, NSW Freedom of Information will be systematically delivering the document to state and local government agencies directly on behalf of the public of NSW, apologising for the lateness while referencing Mr Wong’s comments.
Ms Webb will be publishing the list of recipient agencies on the Site as well as the document itself.
“The delivery of this relevant document will take some time and it is regrettable to see evidence the Ombudsman’s Office has been negligent, vaguely hoping agencies will visit its Site to get information. It is extremely disappointing to realise this particular policy document has still not been delivered to the Ombudsman’s targeted audience even though it is now (5) five years old, and the public would feel completely let down,” stated Ms Webb.
She added “It is another example of departmental “follow our policy and not our example” as good conduct and administrative practices includes the provision of a Privacy Statement on access to information forms disclosing the intended use of the public’s personal information, which the Ombudsman’s Office clearly does not do. If the Ombudsman’s Office is not completely open and transparent, what qualifies it to give advice about anything, and how can the public rely on it to advocate on its behalf?”
Contact Telina Webb: 0493 211 635
Contact David Wong: (02) 9286 0000
Contact Michelle Clement: (02) 9286 0948
The request for information was lodged by NSW Freedom of Information advocate Telina Webb who initially enquired informally for confirmation of when the Good Conduct & Administrative Practice – Guidelines for State & Local Government March 2017 was issued to state and local government agencies. Ms Webb also requested the Ombudsman disclose the mechanism of delivery of the document, including whether or not agencies were provided the document via email.
On 28th January 2022 Ms Michelle Clement, the Ombudsman’s Communications and Media Officer, informed Ms Webb that the subject document was published on the Ombudsman’s website, and that “typically, we would distribute these guidelines to councils and other interested parties email to targeted contact lists, through meetings and through our website.”
Ms Clement was asked if a formal request was required concerning the release of the targeted contact list and the date(s) the document was delivered. The Ombudsman’s Mr David Wong of Legal, Governance and Risk then forwarded a formal access application to Ms Webb, which was noted to be a generic form provided by the NSW Information & Privacy Commissioner (IPC), which was notably absent of any Privacy Statement. A Privacy Statement informs an individual providing personal information to a government agency about how the information is used.
On 09th March 2022 Mr Wong released his Notice of Decision concerning Ms Webb’s formal request, absent of a distribution contact list and date of delivery in each instance, revealing Ms Clement’s earlier correspondence was not an accurate representation of the Ombudsman’s actions.
Mr Wong made a further statement on the same day as his Notice of Decision saying “It is a statement (the Notice of Decision) only that there is no information in the records held of any correspondence or communications publicising or distributing the 3rd edition Guide to Councils in the period April 2017-18 (apart from the records provided). There was also no information located referring to any such communications for that same period.”
The disclosure by the NSW Ombudsman’s Office makes clear policies and guidelines are not being made available directly and immediately upon release to the targeted audience.
Telina Webb commented “The public has the right to rely on these documents, and as such it expects the Ombudsman’s Office to ensure they are delivered, and delivered immediately, to all state and local government agencies. To realise there is no follow up, no completion of process, makes a mockery of the Ombudsman’s recommendation on how to ensure good conduct and administrative practice are in place. It leaves the public with the strong impression the Ombudsman’s Office is just ticking the boxes the job’s been done and nothing more.”
Given Mr Wong’s indication the document has ventured no further than the Ombudsman’s website, NSW Freedom of Information will be systematically delivering the document to state and local government agencies directly on behalf of the public of NSW, apologising for the lateness while referencing Mr Wong’s comments.
Ms Webb will be publishing the list of recipient agencies on the Site as well as the document itself.
“The delivery of this relevant document will take some time and it is regrettable to see evidence the Ombudsman’s Office has been negligent, vaguely hoping agencies will visit its Site to get information. It is extremely disappointing to realise this particular policy document has still not been delivered to the Ombudsman’s targeted audience even though it is now (5) five years old, and the public would feel completely let down,” stated Ms Webb.
She added “It is another example of departmental “follow our policy and not our example” as good conduct and administrative practices includes the provision of a Privacy Statement on access to information forms disclosing the intended use of the public’s personal information, which the Ombudsman’s Office clearly does not do. If the Ombudsman’s Office is not completely open and transparent, what qualifies it to give advice about anything, and how can the public rely on it to advocate on its behalf?”
Contact Telina Webb: 0493 211 635
Contact David Wong: (02) 9286 0000
Contact Michelle Clement: (02) 9286 0948