These decisions show the types of issues we deal with and what the Ombudsman expects of agencies, including recommendations for administrative improvement.
January
Health and Community Services Commissioner - Mistake of law in assessing complaint (2017/10752) (PDF, 149.7 KB)
Investigation of a complaint by a medical professional that the Commissioner determined to take no further action in respect of his complaint concerning a health provider, whom he alleged had attempted to procure an unlawful abortion for a patient and had unlawfully directed or incited him to facilitate this procedure.
Improper section 51 clearance arranged by council employee (2017/07620) (PDF, 8.8 MB)
March
Department for Education and Child Development - Removal from Family Day Care register (2017/10388) (PDF, 188.5 KB)
Investigation of a complaint from an educator regarding the process undertaken by the Department of Education and Child Development’s when removing them from the Family Day Care register.
Kangaroo Island Council - Breach of council member code of conduct - Mayor Peter Clements (2017/02082) (PDF, 344.4 KB)
Investigation of a complaint that a councillor had failed to declare and properly manage a conflict of interest.
April
Public Trustee - Unreasonable management of finances (2017/10389) (PDF, 146.4 KB)
Investigation regarding the Public Trustee's management of a client's finances.
Town of Gawler - Breach of council member code of conduct (2017/03162) (PDF, 148.9 KB)
Investigation of a complaint that a council member had failed to declare and appropriately manage a conflict of interest.
May
Kangaroo Island Council - Breach of council member code of conduct (2017/06921) (PDF, 128.9 KB)
Investigation as to whether the council undertook a review of a complaint in accordance with its Code of Conduct for Elected Council Members Procedure.
Summary of final report in relation to SA Health's EPAS procurement issues (PDF, 71.7 KB)
June
City of Victor Harbor - Misconduct in public administration - Cr Charles (2017/11639) (PDF, 93.6 KB)
Investigation of a report alleging misconduct in public administration in relation to the conduct of two elected members.
Department for Correctional Services - Failure to amend record of gender (2017/09006) (PDF, 171.5 KB)
Investigation of a complaint by a transgender prisoner, Ms Krista Richards, that the Department for Correctional Services had failed to amend its records to reflect that she identifies as a female, resulting in a delay in her transfer to the Adelaide Women’s Prison.
July
Adelaide Hills Council - Breach of council member code of conduct (2017/13047) (PDF, 364.8 KB)
Investigation of a complaint from the Adelaide Hills Council that one of its elected members may have breached clauses 3.2 and/or 3.4 of the Code of Conduct for Elected Members by not following its Records Information Management Policy in relation to dealing with an email.
Department for Child Protection - Failure to address concerns regarding assessment of notifications (2018/00537) (PDF, 131.7 KB)
Investigation of a complaint concerning the Department for Child Protection’s alleged failure to respond to concerns raised in respect of the safety and wellbeing of the complainant’s two children.
District Council of Coober Pedy, Department of State Development and Minister for Mineral Resources and Energy - Coober Pedy Power Purchase Agreement (2016/08630) (PDF, 1.6 MB)
Investigation of the decision of the District Council of Coober Pedy to enter into a $198 million Power Purchase Agreement with a private supplier, in the absence of a competitive tender process, as well as certain actions of the Department of State Development and the former Minister for Mineral Resources and Energy that had the effect of subsidising the council in respect of its obligations under the agreement.
District Council of Robe - Breach of council member code of conduct - Cr Loxton (2018/03278) (PDF, 112.3 KB)
Investigation of a complaint from the District Council of Robe that Cr Loxton had failed to comply with a finding of inappropriate behaviour by an independent investigator.
August
Statement on investigation - City of Onkaparinga - Breach of council member code of conduct (PDF, 241.0 KB)
Summary statement regarding an investigation on an alleged failure to declare a conflict of interest.
City of Victor Harbor - Failure to declare a conflict of interest (2018/00323) (PDF, 222.9 KB)
The Ombudsman investigated whether Cr Peter Charles failed to appropriately declare and deal with a conflict of interest when a previous report by the Ombudsman was received and considered by the council.
Yorke Peninsula Council - Breach of council member code of conduct (2018/04529) (PDF, 219.1 KB)
Investigation of a complaint that a councillor had failed to comply with a finding of inappropriate behaviour by an independent investigator that had found him to be in breach of the Code of Conduct for Council Members.
September
City of Burnside - Conduct of Cr Lance Bagster (2017/10978) (PDF, 1.3 MB)
Department for Correctional Services - Handling of a prisoner's diabetes (2017/03387) (PDF, 395.5 KB)
Own initiative investigation regarding the agency's failure to appropriately manage a prisoner's health condition.
Town of Gawler - Breach of council member code of conduct (2018/06476) (PDF, 202.6 KB)
Own initiative investigation whether Mayor Redman failed to appropriately declare and deal with a conflict of interest.
October
Port Pirie Regional Council - Maladministration and misconduct in public administration - Deputy Mayor Leon Stephens (2017/12401) (PDF, 422.1 KB)
Investigation of a report that the Deputy Mayor approved the publication of an advertisement for a new Chief Executive Officer in circumstances in which he did not have the authorisation to do so.
Port Pirie Regional Council - Maladministration and misconduct in public administration - Mayor John Rohde (2018/02770) (PDF, 457.5 KB)
Investigation of a report that the Mayor organised and undertook a ‘trade mission’ to the Philippines in the absence of formal approvals from the council’s elected body and in circumstances where the Mayor did not declare to the council that he had formed an online relationship with a resident of the Philippines.
Port Pirie Regional Council - Misconduct in public administration - Cr Kendall Jackson (2018/02770) (PDF, 387.8 KB)
Investigation of a report that a council member had disclosed confidential information without authorisation.
November
Department for Child Protection - Errors in transitioning child between foster carers (2018/05669) (PDF, 467.3 KB)
Investigation of a complaint from a foster carer in respect of a determination of the Department for Child Protection to transfer care of her former foster child to another foster carer.
Statement on investigation - Alleged misconduct by a council employee (12 November) (PDF, 211.9 KB)
Statement regarding an investigation about alleged property damage by a council employee.
Statement on investigation - Alleged misconduct by a council employee (14 November) (PDF, 231.6 KB)
Statement regarding an investigation of issues arising from a council employee's secondary employment.
December
Alexandrina Council - Maladministration in public administration (2017/00905) (PDF, 213.8 KB)
Investigation of a report that the Alexandrina Council had failed to obtain development approval prior to the Goolwa Wharf Recreational Boating Facilities construction.
City of Onkaparinga - Failure to declare membership of political party on Register of Interests - former Cr Hazel Wainwright (2018/01726) (PDF, 531.1 KB)
Own initiative investigation regarding a failure by Cr Wainwright to declare her membership of a political party.
Public Trustee - Misconduct and maladministration (2016/09246) (PDF, 527.6 KB)
Investigation of a report that a Personal Estates Officer and the agency had failed to properly oversee and manage a vulnerable person's estate.
Regional Council of Goyder - Unreasonable internal review of an investigation of a dog attack (2017/07637) (PDF, 570.8 KB)
Investigation of a complaint about the council's actions prior to a dog attack, and its failure to comply with its own internal review procedures.
SA Housing Trust - Delay in addressing asbestos at a property (2018/02346) (PDF, 314.5 KB)
