Outcomes - Selected Case Summaries
Categories
DOA complaint policies, procedures lacking
Investigation | 22 August 2022
Department of Agriculture
The complaint alleged maladministration by the Department of Agriculture (DOA) in both undertaking an investigation and in responding to the subject’s internal complaint about the professional conduct of two employees.
Our office first attempted to resolve this complaint through our informal resolution process. However, these attempts were unsuccessful and it was agreed to move forward with a formal investigation into the matter.
The Complaints (Maladministration) Act defines maladministration as inefficient administration including unreasonable conduct or delay. In this matter, the Ombudsman found that it was administratively unfair of the DOA to reject the complaint from a member of the public. The Ombudsman also found that the internal investigation by the DOA of the complaint was administratively unfair.
Further findings from the investigation indicated that the DOA failed to provide adequate reasons in writing to the complainant regarding the outcome of its internal investigation. It was also found that the DOA had no written policy or procedure that sets out clearly what should happen when there is a formal complaint relating to the conduct of its enforcement officers. Without such a policy, the Ombudsman found there is substantial risk that future incidents may not be appropriately reported nor investigated properly, leaving other members of the public in the same position as the complainant in this matter.
A number of recommendations were made following this investigation, indicating that the DOA should seek to do the following:
- formulate an internal complaints policy and standard operating procedure dealing with independent investigations of conduct complaints against enforcement officers.
- provide enforcement officers with body cameras.
- draft a code of conduct and performance standards for enforcement officers, similar to the RCIPS code of conduct
- make the DOA logo clearly visible on the front of enforcement officers’ vests.
- publish the powers of enforcement officers
- issue a formal apology to the complainant for the DOA’s failure to deal with this complaint appropriately
Upon following up with the Department of Agriculture on the various recommendations over a period of months, it was determined that all recommendations had been implemented to the satisfaction of the Ombudsman.