2016 Investigation decisions

These decisions show the types of issues we deal with and what the Ombudsman expects of agencies, including recommendations for administrative improvement.

Kangaroo Island Council - Investigation of complaint (2015/04218) (PDF, 79.1 KB)
Investigation of a complaint as to whether a complaint made to the council was investigated in accordance with the Code of Conduct for Council Employees and whether it was lawful for the council to make confidentiality orders under section 90(2) of the Local Government Act.

June

District Council of Mallala - Review of Chief Executive's performance (2015/09576) (PDF, 97.8 KB)
Investigation of allegations against the former Chief Executive and Mayor of the council in relation to the council’s failure to conduct a review of the Chief Executive’s performance within the six-month probationary period stipulated by the Chief Executive’s contract.

July

City of Victor Harbor - Breach of the Council Development Assessment Panel Code of Conduct (2015/10767) (PDF, 89.7 KB)
Investigation of a complaint as to whether a council member, in their capacity as a member of the council’s Development Assessment Panel, breached the Code of Conduct published by the Minister under section 21A of the Development Act 1993.

Department for Correctional Services - Unreasonable shackling of prisoner in hospital (2015/04640) (PDF, 160.7 KB)

August

Adelaide City Council - Removal of tree (2015/10485) (PDF, 79.2 KB)

Rural City of Murray Bridge - Failure to take enforcement action (2015/09171) (PDF, 145.8 KB)
Investigation of allegations that the Chief Executive Officer, Mayor and the council committed maladministration in failing to take enforcement action against a company with a record of serial non-compliance with the Development Act 1993.

TAFE SA - Unreasonable warnings for behaviour (2015/05125) (PDF, 135.1 KB)

September

City of Charles Sturt - Acceptance of motion without notice (2016/01306) (PDF, 102.0 KB)
Investigation of a complaint regarding proposing and accepting a motion without notice contrary to the Local Government (Procedures at Meetings) Regulations 2013, the council’s Code of Practice for Meeting Procedures and the Code of Conduct for Council Members.

City of Victor Harbor - Breach of council member code of conduct (2015/09687) (PDF, 77.4 KB)
Investigation of allegations that a council member committed misconduct in public administration by revealing information the council ordered to keep confidential to a local newspaper journalist, who printed the information.

District Council of Peterborough - Conduct of internal review (2016/02992) (PDF, 97.4 KB)
Investigation as to whether the council’s decision to enforce a by-law was unreasonable, whether the council unfairly discriminated against the complainant and whether the council failed to conduct an internal review in accordance with its internal review policy.