australia | Western Australian Ombudsman reports on the Public Advocate’s progress to give effect to his recommendations

On 18 October 2022, the Western Australian Ombudsman and President of the International Ombudsman Institute released his report on giving effect to the recommendations arising from An investigation into the Office of the Public Advocate’s role in notifying the families of Mrs Joyce Savage, Mr Robert Ayling and Mr Kenneth Hartley of the deaths of Mrs Savage, Mr Ayling and Mr Hartley.

On 2 March 2021, the Honourable John Quigley MLA, Attorney General, wrote to the Ombudsman requesting an investigation into the Office of the Public Advocate’s (OPA) role in notifying the family of Mrs Joyce Savage of the death of Mrs Savage. The Attorney General also requested that the Ombudsman include in his investigation, the circumstances of OPA’s notification to the families of Mr Robert Ayling and Mr Kenneth Hartley of the deaths of Mr Ayling and Mr Hartley.

On the same day, in accordance with section 16(1) of the Parliamentary Commissioner Act 1971, the Ombudsman initiated an investigation into OPA’s role in notifying the families of Mrs Joyce Savage, Mr Robert Ayling and Mr Kenneth Hartley of the deaths of Mrs Savage, Mr Ayling and Mr Hartley (Investigation).

As a result of the Investigation, the Ombudsman formed a number of opinions regarding OPA’s role in notifying the families of Mrs Joyce Savage, Mr Robert Ayling and Mr Kenneth Hartley of the deaths of Mrs Savage, Mr Ayling and Mr Hartley.

Arising from these opinions, the Ombudsman made seven recommendations to OPA. Pleasingly, OPA agreed to all seven recommendations. As with all of the Ombudsman’s own motion investigations, twelve months after tabling the report of an investigation in Parliament, the Ombudsman reports to Parliament on the steps taken to give effect to the recommendations arising from an investigation.

Western Australian Ombudsman Chris Field said:

“Having very carefully considered the information provided by OPA regarding their implementation of the seven recommendations, I am pleased to report that I am of the view that OPA has taken steps to give effect to each of the seven recommendations. In no instance have I found that no steps have been taken to give effect to a recommendation. This is an important and pleasing outcome.

I am also pleased to report that the Public Advocate and her staff have been highly cooperative, open and timely during the undertaking of the Investigation and this report. A preparedness to accept oversight and accountability and take positive steps to improve the provision of their essential services to some of Western Australia’s most vulnerable citizens reflects very well on OPA. 

I again express my sincerest condolences to the families on the passing of Mrs Savage, Mr Ayling and Mr Hartley. I hope it is a level of comfort for each family that the Investigation, and OPA’s response, has resulted in clear improvements to the way that OPA notifies families upon the death of a loved one”.

Source: Office of the Ombudsman of Western Australia