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McMillan, John --- "The ombudsman in Australia: flourishing, expanding, diversifying, innovating" [2018] ELECD 1077; in Hertogh, Marc; Kirkham, Richard (eds), "Research Handbook on the Ombudsman" (Edward Elgar Publishing, 2018) 436

Book Title: Research Handbook on the Ombudsman

Editor(s): Hertogh, Marc; Kirkham, Richard

Publisher: Edward Elgar Publishing

ISBN: 9781786431240

Section: Chapter 23

Section Title: The ombudsman in Australia: flourishing, expanding, diversifying, innovating

Author(s): McMillan, John

Number of pages: 21

Abstract/Description:

What is the Ombudsman’s distinctive role? What are appropriate Ombudsman functions in a modern age when individual complaint handling can only go so far in addressing the power imbalance between government and citizen? The author draws on his experience as Ombudsman in two Australian jurisdictions to examine how Ombudsman functions have evolved and diversified, and questions this raises. The chapter presents six case studies of atypical Ombudsman oversight functions that exemplify modern trends. They are: compliance auditing of coercive government powers; reporting on long-term immigration detainees; payment of reparation to defence abuse victims; child and disability protection through managing a reportable conduct scheme; co-ordinating government programs that target vulnerable communities; and undertaking an extended Royal-Commission-type investigation into a controversial police corruption investigation. Taking on new and different functions creates many practical challenges. Among them are ensuring the Ombudsman and staff have the diverse skill set required for their work, and utilising technology to reach target audiences.


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