CAIN Update – 15 October 2015

Items of interest for the Complaints, Accountability, Integrity Network

Complaint Management

Complaint Management Framework
A Framework and Model Policy intended to assist organisations to implement a complaint management system that will ensure the efficient and effective handling of complaints made to or about them. The Framework provides organisations with guidance on best practice principles of complaint management, as outlined in the Australian and New Zealand Standard on complaint management in organisations. It aims to help organisations understand what is involved in establishing a comprehensive and effective complaint management system and provides a self-assessment checklist for each component of such a system.
Ombudsman NSW, June 2015


Frank and fearless in the Westminster tradition
Panel discussion around giving frank and fearless advice and its place in the modern public service. Has the loss of security of tenure meant that public servants feel less able to give unpalatable advice to a minister? Highlights of Ethics & Leadership In the Public Sector Conference, hosted by the NSW Public Service Commission, 7 and 8 May, 2015
ABC RN Big Ideas podcast, September 2015

Conflict of interest by an Executive Officer in the Department of Education and Training
Report on an investigation into an allegation that an executive officer within a department negotiated and accepted a job with a company while he was responsible for investigating it. The investigation found the allegation to be substantiated but the executive is no longer a public servant.
Ombudsman Victoria, September 2015

Report on an Investigation into Acceptance and Disclosure of Gifts and Travel Contributions by the Lord Mayor of the City of Perth
The Lord Mayor of the City of Perth, having declared an impartiality interest, voted with Council in favour of an application by BHP Billiton to waive a hire fee. At the time the Lord Mayor had been offered, and two days later formally accepted from BHP Billiton, an Olympic Hospitality Package comprising an all-expenses paid trip to the 2008 Summer Olympic Games in Beijing. The value of this package as estimated by BHP Billiton was at least US$36,826. Every elected official is required, annually, to disclose gifts and contributions to travel received in the year. The Lord Mayor did not disclose any part of the Olympic Package.
Ombudsman WA, October 2015

Online training - Commissioner for Public Interest Disclosures
Two online training modules on OCPID investigations relating to allegations of improper conduct — "If the Commissioner contacts you" and "I'm aware of misconduct".
CPID website

Jurisdiction of complaints body - meaning of 'services'

CPA Australia v Storai
Legislation constituting some complaints bodies confers power to investigate the provision of "services". This decision gives a broad meaning to "services". It concludes that the term is sufficiently broad to include a challenge to the operation of the complaint and discipline system of an accountancy body under the Australian Consumer Law. It also comments that the mere fact that a service is carried out by a government body under a statutory scheme does not preclude it from being a service. However, it further concluded that the services in this cases were not subject to challenge because the services were not supplied "in trade or commerce".
Supreme Court of Victoria, [2015] VSC 442, 25 August 2015

Upcoming events, conferences

Governance Update 2015 for the Public Sector
Full day and Half day program options with a range of speakers.
Governance Institute of Australia, 10 November 2015, Darwin

Australian Public Sector Anti-Corruption Conference
Two day conference with optional workshops.
APSACC, 17-19 November, Brisbane

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