Latest media releases19 November Ombudsman calls for better Taser safeguardsThe NSW Ombudsman called for better safeguards for Taser use by police in a report tabled in Parliament today. The report analyses the use of Tasers by specialist police units between 2002 and 2007. There were 48 uses during this 5 year period. It also outlines some of the risks posed by the recent roll-out of Tasers to senior officers in 80 commands across the State. “Police need to be extremely careful using Tasers” the Ombudsman, Bruce Barbour said. “They are not a non-lethal weapon – they are just a less lethal weapon.” “Tasers should only be used to deal with extreme situations” the Ombudsman said. “The real danger is that they will be used in more commonplace situations to deal with minor acts of non-compliance.” “We found Tasers helped resolve a number of dangerous and high risk situations when used by highly trained officers in specialist units” the Ombudsman said. “But even those officers did not rate as effective over 25% of firings. Tasers are not infallible and with their use come significant safety risks.” The Ombudsman is calling for a two year moratorium on any further roll out of Tasers to general duties police pending a further independent review. This would allow for a proper evaluation of their use by general duties officers, as well as any safety considerations for police and the public. It would also allow police time to upgrade their training, relevant policies and accountability measures. “Current police standard operating procedures relating to Taser use are inadequate” said the Ombudsman. “There are known risks with using Tasers, and police must receive clear, comprehensive and consistent guidance to ensure safe and effective use of this weapon.” Since the recent roll out, four of the first five uses were in stun mode, where the Taser is driven into the person’s body to inflict pain. “This rings alarm bells for me, as we are already seeing a completely different type of use by general duties officers” the Ombudsman said. In the five years up to December last year, Tasers were only used in stun mode 13 times. When preparing the report, the Ombudsman looked into national and international Taser use. “We can and must learn from the experiences of others” said the Ombudsman. “Some jurisdictions are re-considering the use of Tasers due to health risks and the tendency for ‘mission creep.’” The report also notes the conflicting medical and scientific opinions around whether Tasers can cause irregular heart rhythms including ventricular fibrillation, which is life threatening. “While it may be relatively safe to use a Taser on a healthy adult, the jury is still out on their use on a range of other people who police typically encounter in serious situations” the Ombudsman said. The Ombudsman found that those subjected to Taser use were typically:
The vast majority were armed or thought to be armed with one or more weapons, and over half were intoxicated at the time of the incident or had a history of drug or alcohol abuse. The Ombudsman discovered one person had died of a heart attack twelve days after being subjected to a Taser application by NSW Police. The man had a number of health problems, including heart disease, so it is unclear what role, if any, the Taser application played in his death. The Ombudsman has made 29 recommendations to improve the safety, effectiveness and accountability of Taser use. These include:
The use of Taser weapons by New South Wales Police Force
19 November 2008 NSW Ombudsman
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Complaint handling survey |
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P8 |
Review of the FOI Act |
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P146 |
Access to hospital records |
Case study 75 |
P151 |
Clarity on pensioner concessions |
Case study 77 |
P152 |
Legal professional privilege |
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P151 |
FOI investigations |
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P152 |
Click on the link below to access a copy of the report:
NSW Ombudsman Annual Report 2007-2008
22 October 2008
NSW Ombudsman
Annual Report 2007-2008
Looking out for children and young people
The NSW Ombudsman today tabled his Annual Report for 2007-2008.
The Ombudsman is responsible for undertaking a wide range of work involving children and young people.
“Strong, effective systems for the care and protection of children are essential” the Ombudsman, Bruce Barbour, said. “Our work allows us to identify actual and potential weaknesses in the system, and work with agencies to close those gaps”
This year:
- We investigated how the Department of Education handles long suspensions. While there are procedures in place to provide schools with guidance in managing suspensions, they are not always followed. “Where schools have to resort to suspending a student, the process needs to be carefully managed to avoid causing further damage” Mr Barbour said. Our findings have been received positively by the Department, which is now improving the way it manages suspensions.
- We made 17 visits to juvenile justice centres. During these visits we speak with detainees, inspect the centre and raise any complaints or problems on the spot. We continue to see the impact of overcrowding in centres. It reduces the support provided to detainees, and puts additional pressure on resources and staff. “Overcrowding in our juvenile justice centres is an ongoing problem, and we will continue to monitor its negative impacts” Mr Barbour said.
- We continued our research into grooming behaviour (behaviour aimed at developing an inappropriately close relationship between a child and an adult). This behaviour places children in a position where they are highly vulnerable to sexual abuse and psychological harm. “Case studies in the report demonstrate the importance of taking action early when grooming is identified” said Mr Barbour. “We must do everything we can to understand, recognise and respond to such behaviour.”
- We completed our review of the issues affecting foster carers looking after Aboriginal children. The final report identifies service gaps, and stresses the importance of Aboriginal children in care having adequate cultural contact, health care and education supports.
- We published guidelines for dealing with complaints from children and young people, which were distributed to 3,000 oversight bodies, government agencies and community service providers across the country. The guidelines have been very successful, with an additional 2,000 requests for copies from a wide range of public and private organisations.
Issues of interest
Children and young people chapter |
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P61-85 |
Submissions to the Wood Special Commission |
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P63-66 |
Supporting carers of Aboriginal children |
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P69 |
Guidelines for dealing with youth complaints |
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P71 |
Reviewable deaths of children |
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P72 |
Research into children and the internet |
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P74 |
Grooming behaviour and risk management |
Case studies 23-25 |
P82-83 |
Visiting juvenile justice centres |
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P118 |
Overcrowding in juvenile justice centres |
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P119-20 |
Investigating school suspensions |
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P134-5 |
Click on the link below to access a copy of the report:
NSW Ombudsman Annual Report 2007-2008
22 October 2008
NSW Ombudsman
Annual Report 2007-2008
Working for communities across the State
The NSW Ombudsman today tabled his Annual Report for 2007-2008.
“I am not just a city Ombudsman” Mr Barbour said. “Over the last year, our work took us to 68 regional and rural towns, giving us the opportunity to listen to community concerns and help fix problems faced by people from across NSW.”
The report provides a number of examples of the Ombudsman’s work in regional areas:
- Only after we looked into a poorly handled neighbourhood dispute, Eurobodalla Shire Council apologised for its handling of the complaint, provided trees to replace those cut down, and issued a corrected community fact sheet. “Councils need to provide the community with clear guidance around their rights, as well as the council’s responsibilities” said Mr Barbour (case study 63).
- We investigated Bathurst Regional Council’s delayed handling of a compensation claim following a sewage leak. We found the council’s procedures and record keeping were grossly inadequate. They agreed to improve their procedures, and compensated the ratepayer for the damage caused (case study 64).
“We don’t just wait for complaints to come in before we act” said Mr Barbour. “Our proactive project work also helps to achieve positive outcomes for the people of NSW.”
- 18 regional and rural councils were among 30 local councils made the subject of mystery shopper audits by Ombudsman staff. They called, emailed and wrote to all the councils posing as ordinary citizens to test their standards of customer service. The Ombudsman sent a report card to each council. “I was very pleased by the positive response from the 30 councils that were involved. Many indicated that they had already begun to make improvements as a result of our involvement” Mr Barbour said.
- We completed a detailed investigation into the adequacy of services provided to foster carers looking after Aboriginal children. We interviewed over 100 carers and staff from relevant organisations across the State. The interviews showed that carers valued regular, quality contact with caseworkers, as well as community consultation about where Aboriginal children should be placed. “It is very important that all foster carers have access to and awareness of the services and assistance to which they are entitled” said Mr Barbour.
- We are investigating how the public housing system supports disadvantaged people. Ombudsman staff have visited 25 regional and rural areas and spoken with over 450 people with a direct interest. Our investigation will be completed in the coming months.
- We collected over 460 survey responses at 14 different courts to measure the first-hand experiences of people searched by police after being arrested.
- We went to Wollongong, Tamworth, Dubbo, Coffs Harbour and Wagga Wagga and gave regional community service workers a chance to share their experiences as part of our regional outreach program.
Issues of interest
Community engagement chapter |
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P41-56 |
Caring for Aboriginal children |
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P49 |
Survey of people facing charges |
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P114 |
Wellington Correctional Centre |
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P124 |
Junee Correctional Centre |
Case study 52 |
P128 |
Cabonne Shire Council |
Case study 62 |
P140 |
Eurobodalla Shire Council |
Case study 63 |
P141 |
Bathurst Regional Council |
Case study 64 |
P141 |
Wollongong City Council |
Case study 66 |
P141 |
Shellharbour City Council |
Case study 67 |
P141 |
Albury City Council |
Case study 70 |
P142 |
North Coast Area Health Service |
Case study 75 |
P151 |
Click on the link below to access a copy of the report:
NSW Ombudsman Annual Report 2007-2008
22 October 2008
NSW Ombudsman
Annual Report 2007-2008
Government watchdog fixes problems
The NSW Ombudsman today tabled his Annual Report for 2007-2008.
The Ombudsman’s role is to help keep government accountable by ensuring agencies act lawfully, reasonably and fairly.
“Much of our work involves fixing problems, improving poor communication and correcting bad decisions” the Ombudsman, Bruce Barbour, said. “Organisations can get too caught up in their own processes without properly considering the circumstances of the people they are dealing with. No one should have to jump through unnecessary hoops to get a fair outcome.”
Cases where we have made a difference include:
- A woman had her driver’s licence cancelled after her details got confused with another person who had cancelled their licence. She was stopped by police for a random breath test and was shocked when they fined her for driving unlicensed. After we got involved, her licence was reinstated and a request for waiving the fine was arranged (case study 5).
- A local council was responsible for damaging a home owner’s sewer pipes. The owner was told to repair the pipes and apply for reimbursement. The refund was delayed by conflict in council over who was liable. It was only after our investigation that the home owner got a $6000 refund and an apology from the council (case study 68).
- A student with a visual disability had been unable to get large print papers from his university for his exams. Following our inquiries, the university agreed to let the student sit a special examination, and he was given a written apology. The university also acted to avoid a similar situation occurring in the future (case study 55).
- After her leaking roof had not been fixed for months, a Department of Housing tenant deliberately stopped paying rent for three weeks to draw attention to the problem. The Department responded with a termination notice, and she asked for our help. Our inquiries revealed there were no procedures for following up outstanding repairs. Following our involvement, the roof got fixed and the Department apologised to the tenant (case study 59).
“The Ombudsman continues to provide an important safety net for people when things go wrong” Mr Barbour said.
Issues of interest
Fixing a wrongly cancelled licence |
Case study 5 |
P58 |
Conciliating a long running dispute |
Case study 31 |
P90 |
Ensuring prisoners can access essentials |
Case study 52 |
P128 |
Helping a disabled student with exam paper problems |
Case study 55 |
P134 |
Checking on wheelchair accessible taxis |
Case study 58 |
P137 |
Getting a leaking roof fixed |
Case study 59 |
P137 |
Getting payment for damaged sewer pipes |
Case study 68 |
P141 |
Fixing a case of mistaken identity |
Case study 74 |
P150 |
Click on the link below to access a copy of the report:
NSW Ombudsman Annual Report 2007-2008
2 September 2008
NSW Ombudsman releases FOI discussion paper
Embargoed until Wednesday 3 September 2008
The NSW Ombudsman, Bruce Barbour, released a public discussion paper today as part of a comprehensive review of the New South Wales Freedom of Information Act 1989.
“It is vital that freedom of information legislation operates effectively, as it ensures that government decision makers can be held to account for their actions,” Mr Barbour said. “I would encourage all those with an interest in FOI to provide us with a submission.”
The discussion paper forms part of a broader review of the FOI Act. This review includes an investigation into the FOI practices and procedures of eighteen government agencies, as well as interviews with FOI staff. The Ombudsman has also sought information from Local Councils and the Administrative Decisions Tribunal. A final report and recommendations will be made to Parliament.
Submissions should be sent to:
foireview@ombo.nsw.gov.au
Or
FOI Review
NSW Ombudsman
Level 24
580 George Street
Sydney NSW 2000
Submissions should be lodged by the close of business on 31 October 2008.
For further information regarding the review, or to access an electronic copy of the discussion paper, click on the follow the links
Discussion paper: Review of the Freedom of Informatin Act 1989
21 August 2008
Ombudsman reports on trial drug detection powers
A report on the Ombudsman’s 12-month review of the Police Powers (Drug Detection Trial) Act 2003 was tabled in Parliament today.
The Act established an 18-month trial giving police the power to set up roadside check points to stop and screen vehicles with sniffer dogs with the aim of detecting and frustrating persons involved in the trafficking of drugs by road.
“Despite the best efforts of police, the trial powers were ineffective in assisting police to apprehend drug couriers on a sustained basis,” the Ombudsman, Mr Bruce Barbour said.
The review found that police only located drugs in 2% of vehicles stopped and that the majority of those people found with drugs were in possession of extremely small amounts of cannabis.
The Ombudsman noted that the rapid dissemination of information about the nature and location of check points via CB radio and mobile phone networks pose seemingly insurmountable challenges for police who rely on the element of surprise when conducting operations targeting drug couriers.
The Ombudsman also noted that the limited ability of drug detection dogs to accurately detect the scent of drugs while screening the outside of vehicles seriously undermines the capacity of police to target heavy vehicles involved in the trafficking of drugs.
“I have considerable reservations about whether these, or similar powers will ever result in the cost-effective detection of persons involved in road-based drug trafficking,” Mr Barbour said.
Given the minimal success of this trial and a previous trial of similar powers, the Ombudsman recommended that Parliament consider whether there is any merit in continuing to trial the powers.
The Ombudsman also recommended the Parliament consider allowing the ‘sunset’ provision to automatically repeal the legislation, which is due to occur on 22 August 2008.
Click on the link below to access a copy of the report
Review of the Police Powers (Drug Detection Trial) Act 2003
6 August 2008
Ombudsman reports slow progress with interagency work
In 2002, a cross-agency Senior Officers Group was formed to improve the outcomes for people with an intellectual disability in contact with the criminal justice system.
The NSW Ombudsman, Bruce Barbour, today tabled a report in Parliament that examines the progress of the Senior Officers Group towards meeting its objectives.
"People with an intellectual disability are over-represented and face significant disadvantage in all areas of the criminal justice system,” said Mr Barbour. “While NSW government agencies have recognised that a comprehensive interagency approach is necessary to meet the needs of these individuals, we have concerns about the progress of this collaborative work.”
The Ombudsman’s report notes that:
- The progress of the Senior Officers Group has been slow.
- While a number of significant initiatives have commenced in the five years since the Senior Officers Group was formed, key areas of work have yet to be finalised or progressed to a point where they can be evaluated.
- Given the significant and financial cost of poor inter-departmental collaboration, more needs to be done to strengthen cross-agency service delivery for offenders with an intellectual disability.
“In our view, the community would expect greater progress by the Senior Officers Group than what has been achieved over the past five years,” Mr Barbour said. “Continued and sustained commitment by the relevant agencies is needed to advance the agreed collaborative work, and to improve the outcomes for this vulnerable group of people.”
In 2010, the Senior Officers Group will undertake a review of its progress, including evaluations of the impact of its work. The Ombudsman, through a recommendation to the Department of Ageing, Disability and Home Care, as lead agency of the Senior Officers Group, will continue to closely monitor progress.
Click on the link below to access a copy of the report:
Supporting people with an intellectual disability in the criminal justice system: progress report
22 April 2008
NSW Ombudsman to review the FOI Act and report to Parliament
Today I wish to announce that my office will conduct a comprehensive review of the New South Wales Freedom of Information Act 1989.
Background
Freedom of Information legislation is one of the cornerstones of good governance. It ensures that government decision-making is open and transparent, and that decision-makers are held accountable for their actions.
The NSW FOI Act was drafted thirty years ago. The way in which government departments operate and do business has altered dramatically since then. The Act has been the subject of more than sixty amendments. This has only made it more complex and difficult to navigate. Both applicants and agencies continually voice their frustrations with the Act.
For almost 14 years, each NSW Ombudsman, including myself, has called for an independent and comprehensive review of the FOI Act.
There have been a number of encouraging developments in other Australian jurisdictions in the last twelve months. The Queensland government appointed an independent review panel in September. It was provided with particularly broad terms of reference. This panel recently released its discussion paper, and a final report is expected by the middle of the year. Elsewhere, both the Victorian and Western Australian governments have demonstrated a commitment to ensuring their FOI Acts remain relevant and effective.
In the absence of the NSW government initiating a review of the Act, I have decided to conduct my own independent and comprehensive review. I welcome the Government’s recent advice to Parliament that it supports my review.
Investigation
In order to gain the most complete picture possible of the FOI landscape in NSW, I am proposing to conduct simultaneous investigations into the FOI practices of a number of government agencies, local councils, universities and area health services. These comprehensive investigations will involve audits of FOI files held by the various agencies and interviews with FOI practitioners. This process will allow us to assess the day-to-day operation of the Act, what is working well and what could be improved. The investigations will commence in two weeks.
Discussion Paper
A review of FOI legislation is clearly a matter of significant and broad public interest. As part of the investigation process, my office will be releasing a public discussion paper to provide all interested parties with an opportunity to contribute to our review. This will be a detailed document reflecting my office’s experience in dealing with a wide range of challenges and difficulties related to FOI in NSW.
I hope to receive well-informed and honest comment on the Act, both from those who regularly use the Act and those who deal with it on a day-to-day basis. We will release the discussion paper in the coming months.
Final report to Parliament
The findings from our investigation will inform our final report and recommendations to Parliament.
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