Australia's Commonwealth Ombudsman 40 Years on—Achievements and Ten Challenges*
| Published date | 01 September 2017 |
| Author | Michael Kirby |
| Date | 01 September 2017 |
| DOI | 10.22145/flr.45.3.6 |
| Subject Matter | Article |
Professor Jack Richardson AO, First Commonwealth Ombudsman
AUSTRALIA’S COMMONWEALTH OMBUDSMAN 40 YEARS
ON—ACHIEVEMENTS AND TEN CHALLENGES*
The Hon. Michael Kirby AC CMG**
ABSTRACT
The statutory office of Commonwealth Ombudsman was created in 1977, as part of the
new federal ad ministrative law. In this article, marking the 40th anniversary of the
appointment of the first Commonwealth Ombudsman, Professor Jack Richardson, the
author describes the early history, including the resistance in some quarters to the model
adapted from Sweden. He describes the innovations of the first ten ombudsmen and the
frustrations and difficulties they faced. He then identifies ten issues on the future of the
office: (1) whether it should be directly linked to the Parliament; (2) whether it should
be served by a select committee; (3) how its funding should be maintained; (4) protecting
the Ombudsman title; (5) retaining ministerial support in circumstances of differences;
(6) overcoming official resistance; (7) addressing judicial hostility; (8) embracing new
technology and generic reform; (9) embracing self-criticism and human rights analysis;
and (10) engaging with comparative and international outreach and innovation.
I ORIGINS: THE NEW ADMINISTRATIVE LAW
Most lawyers who are familiar with the history of public law are aware that the office of
the Ombudsman derived from Sweden.
1
Other Scandinavian innovations of similar
utility included freedom of information legislation and fault-free divorce. The first
Australasian statute to create such an office was the Parliamentary Commissioner
(Ombudsman) Act 1962 (NZ).
2
Like the innovation later in the United Kingdom, the
drafter refrained from giving the foreign word Ombudsman primacy and opted to call
the officeholder ‘Parliamentary Commissioner’. However, the first New Zealand
officeholder, Mr (later Sir) Guy Powles, saw the attraction of marketing the unique and
distinctive office he held under the Swedish name. He became famous as the first
* Text for an address to the 40th anniversary conference of the Commonwealth Ombudsman,
Old Parliament House, Canberra, 5 April 2017. The author acknowledges the editorial
assistance of Emma Boland.
** Justice of the High Court of Australia (1996–2009); Chairman of the Australian Law Reform
Commission (1975–84); Member of the Administrative Review Council (Australia) (1976–84).
1
Created by Swedish legislation of 1809. G Palmer and M Palmer, Bridled Power—New Zealand
Government under MMP (Oxford University Press, 1979), 225.
2
J E Richardson, ‘The Ombudsman’s Place Among the Institutions of Government—Past,
Present and Future’ (2001) 8 Australian Journal of Administrative Law 183.
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