The Law Handbook 2024

1084 Section 12: Government and the individual • monitors the operation of the scheme; and • reports annually to parliament. Individuals who meet the definition of a public official – which includes most staff of Australian Government agencies, contractors, and employees of providers of goods and services under contract to the Commonwealth – can use the scheme to report wrongdoing. More information is available at www. ombudsman.gov.au/our-responsibilities/making-a- disclosure. International role The Commonwealth Ombudsman is a member of international and regional ombudsmen forums. The Ombudsman receives government funding to provide support and consultative services (e.g. staff development) to ombudsmen in the Pacific and Asian regions. NPM Coordinator for OPCAT The Commonwealth Ombudsman is the National Preventive Mechanism ( NPM ) Coordinator in the context of Australia’s ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ( OPCAT ). OPCAT creates obligations on Commonwealth, state and territory governments to establish a system of independent monitoring for places of detention and the promotion of a preventative approach towards the protection of people in detention from torture and mistreatment. As the NPM Coordinator for OPCAT, the Ombudsman: • coordinates the NPM bodies across Australia; • independently reports to the United Nations Subcommittee on Prevention of Torture, to ministerial bodies and to the public; • facilitates sharing expertise, knowledge, practice; and • consults with relevant stakeholders on best- practice inspection and reporting methods, to prevent torture and other cruel, inhuman or degrading treatment of people in detention. Commonwealth NPM for Commonwealth places of detention The Commonwealth Ombudsman acts as the NPM body for places of detention that are under the control of the Commonwealth. This role requires the Ombudsman to undertake inspections and conduct monitoring activities of immigration detention facilities, military detention facilities and Australian Federal Police cells. ACT Ombudsman The Commonwealth Ombudsman also acts as the Australian Capital Territory ( ACT ) Ombudsman. The ACT Ombudsman’s role is delivered by the Commonwealth Ombudsman under an agreement with the ACT Government. The Commonwealth Ombudsman is accountable to the ACT Legislative Assembly for the performance of these functions. The ACT Ombudsman is also: • the Inspector of the ACT Integrity Commission; • the Principal Officer to the ACT Judicial Council; • part of the ACT’s multi-body NPM under OPCAT; • the overseer of the operation of the Freedom of Information Act 2016 (ACT); and • the overseer of the ACT Reportable Conduct Scheme. More information is available in the ACT Ombuds­ man Annual Report 2022–23 at www.ombudsman.act. gov.au . Complaints to the Commonwealth Ombudsman Who can make a complaint? Individuals, companies and organisations can complain to the Commonwealth Ombudsman. Complaints can be made in person, by telephone, in writing, or via the online complaint form on the Ombudsman’s website (www.ombudsman.gov.au) . A person can ask someone else (e.g. a friend, relative or solicitor) to complain to the Ombudsman on their behalf. The Ombudsman’s office can arrange for an interpreter, including Indigenous language interpreters, to assist a person to make a complaint. The Commonwealth Ombudsman has a dedicated Indigenous phone number 1800 060 789 or complaints can be made online. The Commonwealth Ombudsman helps people sort out problems with Australian Government agencies and this includes programs that are for Aboriginal and Torres Strait Islander peoples.