Learning Outcomes
- examines and describes the rights and responsibilities of individuals in different contexts CO5-RRI-01
- explains the role of government and the law in society CO5-GOL-01
- evaluates and applies options for solving problems and addressing issues CO5-PRO-01
- analyses differing perspectives of individuals, groups and society in influencing the law LST-11-04
- explains methods to resolve conflict and encourage cooperation between individuals, groups and nation-states LST-11-05
- uses and analyses a range of sources to assess the effectiveness of the law in addressing issues LST-11-07
Legal Studies Stage 6
Law and the Community: Legal themes and skills
Disputes under the law: Disputes with the state
Changing the law: Drivers of change
Syllabus Links
Students will learn to:
- outline the roles of law enforcement agencies
- identify and examine methods of resolving disputes between individuals
- compare and contrast disputes between individuals and those between individuals and the state
- assess the effectiveness of methods of resolving disputes
- distinguish between non-legal and legal methods of enforcing rights and resolving disputes
assess the effectiveness of dispute resolution processes in achieving justice for and between individuals
The role of integrity agencies in NSW
What will I learn?
In this lesson, you will explore the role of integrity agencies in maintaining the lawfulness, fairness, accountability, and transparency of NSW public sector agencies.
You will learn about the following NSW integrity agencies:
- NSW Ombudsman
- Law Enforcement Conduct Commission
- Audit Office of NSW
- Independent Commission Against Corruption NSW
- NSW Electoral Commission
You will also learn about how the NSW Ombudsman and Law Enforcement Conduct Commission resolve disputes between individuals and the state, as well as other ways for the people of NSW to raise and resolve issues.
What is an integrity agency?
Integrity agencies are sometimes called ‘watchdogs’ because they scrutinise the work and conduct of others. The role of integrity agencies involves holding government agencies to account and identifying things that need to change to benefit the public sector and wider community.
These integrity agencies are independent bodies which means they are not subject to the direction or control of the government or a Minister (refer to the Separation of Powers lesson for more information about the Government or Executive).
Independence is crucial to allow integrity agencies to perform their functions including auditing and investigating – without needing permission from anyone to do that or any limitations on how that is done.
Who watches the watchdogs?
Good question! Although integrity agencies are independent, it does not mean they can do whatever they want without fear of any consequences. Integrity agencies also have to comply with many laws that apply to other public sector agencies such as responsible management of public funds.
Integrity agencies are held to account by the Parliamentary committees that monitor them. These committees are made up of members of Parliament from either the Legislative Council or Legislative Assembly (and sometimes both). They are responsible for monitoring and reviewing the activities of the integrity agency they oversee.
Who leads an integrity agency?
The Minister leads a portfolio of departments and agencies and the Secretary leads the departments or agencies. If an integrity agency does not report to a Minister, who leads the agency?
In NSW, the statute that establishes integrity agencies usually also provides for how the head of agency is to be appointed. The head of agency is first proposed by the Executive Government who then refers the person to the relevant Parliamentary committee. If accepted by the Parliamentary committee, the NSW Governor will approve and appoint them as the head of the integrity agency.
Overview of the integrity agencies in NSW
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What does the NSW Ombudsman do? The NSW Ombudsman handles complaints from individuals about public sector agencies, including public universities and local councils in NSW. The Ombudsman does not always need someone to make a complaint before taking action. They can also step in on their own to check how government agencies are doing their jobs and recommend ways to make things fairer and better for the public. The Ombudsman provides training and guidance to help the public sector improve the way it works and provides services to the people of NSW. How does the Ombudsman help resolve disputes with the state? If a person feels they have been treated unfairly by a government agency or a government-funded community service provider – that is where the Ombudsman comes in. Sometimes the kinds of unfairness the Ombudsman may pursue – like an agency not following the law or a policy or acting unreasonably – is called maladministration. Examples of issues that can lead to a dispute include: social housing maintenance issues, agency failure to consider hardship claim, local councils taking action or not taking action, issues about prison conditions. The Ombudsman is impartial and does not take sides with the agency under scrutiny or the person making a complaint. Thousands of complaints are made to the Ombudsman each year and staff try to resolve complaints in the quickest way possible. The Ombudsman helps by:
If the NSW Ombudsman cannot help, referrals can be provided to other integrity and complaint handling bodies like those set out below. Ombudsman powers and accountability The main laws that give the Ombudsman powers to investigate complaints are the:
The work of the Ombudsman is monitored by the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission (the OmboLECC Committee). You can learn more about the Ombudsman on their website. |
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What does the Law Enforcement Conduct Commission (LECC) do? The LECC is NSW’s independent police oversight body that handles complaints, reviews and monitors the way misconduct allegations about the NSW Police and NSW Crime Commission are handled. The LECC investigates allegations of serious misconduct. The LECC also focuses on systemic research and education to prevent future misconduct, unlawful actions or unreasonable practices. How does the LECC help resolve disputes with the state? If a person feels they have been treated unfairly by the police – that is where the LECC comes in. Examples of issues that can be taken up with the LECC include police officers acting in a seriously improper way such as using excessive force or abusing their powers. The LECC is impartial and does not take sides with the agency under scrutiny or the person making a complaint. The LECC helps by: · Monitoring how the police investigate complaints about themselves, and checking the proper process is followed. · Investigating serious police misconduct and making findings and recommendations. LECC powers and accountability The Law Enforcement Conduct Commission Act 2016 outlines the functions and powers of the LECC. Like the NSW Ombudsman, the LECC is overseen by the OmboLECC Committee and is also monitored by the Inspector of the Law Enforcement Conduct Commission. You can learn more about the LECC on their website. |
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What does the Audit Office do? The Audit Office of New South Wales helps make sure the government is accountable for how it uses public money. Public money mostly comes from taxes and is used to pay for goods and services like schools, hospitals, roads and emergency services. The Audit Office conducts two main types of audits: · Financial audits check whether government entities have kept accurate financial records, have good processes to prevent mistakes or fraud that can mean financial records are incorrect, and have followed the law when managing or spending public money · Performance audits consider whether public money is spent effectively, and in a way that is legal and avoids waste, to achieve its intended outcomes, and make recommendations for improvement. Themes from financial audits and performance audit reports are tabled in Parliament and made public so citizens can see how government is performing. Audit Office powers and accountability The Government Sector Audit Act 1983 (NSW) establishes the position of the Auditor‑General as the head of the Audit Office. This Act gives the Audit Office the authority to audit state government entities and universities. The Local Government Act 1993 (NSW) also applies, allowing the Auditor‑General to audit local councils. These laws mean that government entities must provide the Audit Office with information and cooperate with its audit processes. The laws also protect the Auditor‑General’s independence and explain how audits need to be conducted. The Public Accounts Committee (PAC) is a parliamentary committee that oversees the work of the Audit Office and helps protect the independence of the Auditor‑General. The committee reviews audit reports, can question government entities about audit findings and their progress implementing recommendations, and may hold public hearings. The committee also reviews how the Audit Office is operating to make sure it is doing its job well. You can learn more about the Audit Office on their website. |
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What does the Independent Commission Against Corruption (ICAC) NSW do? The ICAC’s job is to investigate and expose corrupt conduct within the NSW public sector, including public universities and local councils. Catching corrupt individuals is only part of it – the ICAC also works to prevent corruption through advice, assistance and education. The ICAC does not deal with individual disputes – its role is focused on protecting the public from corrupt conduct by employees in the public sector. The ICAC holds public inquiries and makes reports about its investigations including findings and recommendations. The ICAC encourages members of the public and public officials to report suspected corrupt conduct involving or affecting the NSW public sector. ICAC powers and accountability The Independent Commission Against Corruption Act 1988 (NSW) outlines the functions and powers of the ICAC. In addition to being monitored by the Committee on the Independent Commission Against Corruption, the ICAC is overseen by the Inspector of the Independent Commission Against Corruption. You can learn more about the ICAC on their website. |
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What does the NSW Electoral Commission do? The NSW Electoral Commission is responsible for conducting, regulating and reporting on general elections and by-elections in NSW, as well as regulating lobbying activity. They also provide electoral services to local governments and registered clubs, statutory boards and registered industrial organisations for office holder elections. The Electoral Commission ensures that elections are independent, transparent and accessible, provides guidance to assist political participants, and engages with the public to make it easier for people to understand and participate in the democratic process. The Electoral Commission can investigate reports about possible offences and enforce breaches of electoral, funding and disclosure, and lobbying laws. The Electoral Commission does not deal with individual disputes – its role is protecting the integrity of the electoral system to make sure that elections are run properly and all votes count. Electoral Commission powers and accountability There are a number of Acts under which the NSW Electoral Commission operates:
The Joint Standing Committee on Electoral Matters of the NSW Parliament oversees the NSW Electoral Commission in relation to state and local government elections, although it does not have powers to direct the agency. An independent, three-member statutory authority (the Commission), constituted under the Electoral Act 2017, is responsible for enforcing electoral laws and provides advice to the Electoral Commissioner when requested. However, it also cannot direct the agency or the Electoral Commissioner about how elections are conducted. You can learn more about the NSW Electoral Commission on their website. |
How do the integrity agencies work together?
Sometimes the jurisdiction of integrity agencies overlaps. For example, issues the Audit Office look at could be characterised as maladministration which is what the Ombudsman investigates. Many of the integrity agencies have formal agreements called a Memorandum of Understanding and setting out how they work with each other when more than one body has jurisdiction.
What other bodies are there for the people of NSW to deal with disputes with NSW government agencies?
These watchdogs are not the only agencies keeping the NSW Government in check. In fact, there are a variety of bodies that deal with complaints about the services provided by the NSW public sector.
Public health
The Health Care Complaints Commission can deal with complaints about medical treatment by health service providers in NSW including public hospitals.
Access to government information and privacy
The Information and Privacy Commission NSW handles complaints about access to information and privacy rights in NSW.
Human rights
The Australian Human Rights Commission handles complaints about discrimination and human rights.
Discrimination
Anti-Discrimination NSW also handles complaints about discrimination – where matters relate to the Anti-Discrimination Act 1977 (NSW).
What other bodies are there for the people of NSW to deal with disputes?
In addition to making complaints about NSW Government agencies, you can lodge complaints about private sector services. The NSW Ombudsman website provides information and contact details for other complaint-handling bodies.
Commonwealth agencies
The Commonwealth Ombudsman deals with complaints about commonwealth agencies such as Services Australia including Centrelink and Medicare, and other commonwealth matters such as immigration.
Utility providers
The Telecommunications Industry Ombudsman helps resolve disputes about phone and internet services and the Energy and Water Ombudsman NSW addresses complaints about electricity, gas, and water providers.
Businesses
NSW Fair Trading is responsible for regulating and enforcing consumer protection laws and dealing with consumer complaints in NSW.
Banks and other financial services
The Australian Financial Complaints Authority deals with complaints from individuals and small businesses about financial services.
Non-public-sector work issues
The Fair Work Ombudsman is Australia’s workplace regulator.
Solicitors and lawyers
The Office of the Legal Services Commissioner deals with complaints about solicitors and barristers.
Universities
The National Student Ombudsman is a free and independent service for students to resolve complaints about their higher education provider.
Case studies
Under construction
