Changing Relations between Government and Citizen: Administrative Law and the Work of the Australian Commonwealth Ombudsman

Abstract

This article examines the individual complaint-taking role of the Australian CommonwealthOmbudsman over a 28 year period between 1977-2005. This study was conceived through a curiosity to determine how a 30 year old administrative law institution is reacting to accommodate a dramatically altered legal, political and economic environment. The suspicion was that, in the absence of legislative amendment to its jurisdiction and role, the Commonwealth Ombudsman must strategically change due to the demands of these external forces. The overall quantitative finding from the data analysis is that the internal strategic direction of the Commonwealth Ombudsman is indeed altering. In terms of dispute resolution it is increasingly using its discretionary powers to turn individual complainants back to government departments/agencies. The data analysis reveals that this administrative law institution is shifting from a reactive individual complaint taker to a proactive standard setter for government administration. This article suggests that this movement may impact upon citizen 'rights' or perceptions of their rights to have their individual complaints heard against government. This in turn may have a ripple effect for notions of democratic accountability and the relationship between the citizen and the state.

The ombudsman and administrative justice: from promise to performance

“…10 Big claims have regularly been made for a bold approach to ombudsmanry, which actively pursues administrative justice by a variety of means (Marin 2009). But these debates have been accompanied by concerns about mission drift and changes in the methods required to perform expanded roles, matters which might lead to a reduction in the effectiveness of the ombudsman (Stuhmcke 2008). A connected consideration is the need to situate the ombudsman within the broader constitutional network.…”