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Performance
166. The effectiveness of my office may be assessed against a range of quantitative and qualitative performance indicators, including the following:
- the time taken to resolve or deal with complaints to the Inspector-General;
- the acceptance by Ministers and Agency Heads of my recommendations;
- the level of assurance I can give that the agencies are conducting their activities legally, with propriety, and with regard to human rights; and
- the extent to which there has been change within the agencies as a result of my office's activities.
167. In assessing performance, it is also useful to understand the nature, variety and complexity of the complaint workload. This chapter therefore contains some analysis of the number of complaints received, the source and subject of these complaints, and which agencies attract the most complaints.
Timeliness of Inquiries
168. In Mr McLeod's last report as Inspector-General, he said he accorded a high priority to dealing with complaints and conducting inquiries as quickly as the circumstances of each case permitted. I agree with this approach, as the manner and speed with which we deal with complaints impacts directly on public confidence in the office.
169. At the commencement of the 1997-98 reporting period, four complaints remained open (see Annex 1 to this report). Eighteen new complaints/referrals leading to preliminary inquiries were also received in the reporting period (see Annex 2 to this report). Of these 22 cases, only one remained open at the end of the reporting period, and it was close to finalisation.
170. The bar chart shown in Figure One reveals the average time taken by the office to finalise cases which are dealt with formally, measured from the date of initial receipt of a complaint or referral, to the date that a decision is advised.
Figure 1
171. In the five years between 1993-94 and the conclusion of the 1997-98 reporting period, the average length of time it has taken for a preliminary/full inquiry to be concluded was 213 days per case.
172. This figure is significantly skewed by the exceptional outcome for the 1994-95 reporting period, when the average duration per case was well over 450 days. If 1994-95 is not taken into account, the underlying trend time to bring cases to finality in the period between 1 July 1993 and 30 June 1998 is approximately 145 days and falling.
173. During 1997-98, the average time taken to conclude a preliminary or full inquiry was reduced to 85 days. I am hopeful that this can be further reduced in the future but this will depend on the complexity of the cases referred to the office, and possible legislative changes to streamline procedures.
Acceptance of Recommendations
174. During the reporting period Mr McLeod and I had little cause to make formal recommendations proposing change, but did make a number of informal suggestions on how procedures could be streamlined or improved. I am pleased to say that each of these suggestions was accepted, and appropriate remedial actions have been set in train.
Level of Assurance
175. It has been my experience to date that each of the agencies I have oversight responsibilities for is very conscious of the need to operate within both the letter and spirit of the law, in accordance with ministerial guidelines and directives, with appropriate regard for the propriety of their actions, and a proper respect for human rights. The heads of the agencies are providing strong leadership in this.
176. It is inevitable that the agencies will, from time to time, make mistakes, however, I do not see it as the Inspector-General's job to "shoot the wounded" but to assist the agencies to take appropriate and timely remedial action, and develop procedures to ensure that similar mistakes and lapses do not reoccur.
177. While human errors will occur from time to time, the management arrangements and cultures of the agencies are constantly being reviewed to ensure that each agency continues to operate in the best interests of the nation.
Complaints Levels
178. Since its inception in 1986-87, the office has dealt with an average of 21 new complaints/referrals per annum leading to preliminary inquiries.
179. In 1997-98 the office received 34 new complaints from a variety of sources. Of these 34 complaints, 16 were dealt with informally, and 18 proceeded to preliminary inquiry.
180. Figure Two reveals that there was a steady growth in the number of complaints to the IGIS in the first five years that the office existed, peaking in 1991-92. In the years since 1991-92, the number of complaints leading to preliminary inquiries has gradually declined and is now steady at 18 per annum.
181. The steady rise in complaints leading to preliminary inquiries peaked at 31 in 1991-92. This peak is attributable, in part, to a significant number of employment related complaints which were referred to my predecessors by staff in two of the three collection agencies.
182. Since 1991-92, grievance handling mechanisms and procedures in ASIO and ASIS have been overhauled and become well accepted by staff. There have also been some amendments to the IGIS Act which had the effect of encouraging staff to pursue their grievances internally rather than with my office.
Figure 2
Sources and Subjects of Complaints
183. Since the inception of the office, ASIO has traditionally attracted 90 per cent of complaints and referrals, ASIS 7%, while DSD, ONA and DIO have accounted for the remainder (see Figure Three).
184. This trend was further confirmed in 1997-98, with ASIO being the focus of 17 of the 18 complaints which led to preliminary inquiries, and the subject of most of those complaints which did not lead to preliminary inquiries.
Figure 3
185. Figure four illustrates the distribution of complaints, by agency, on a year by year basis, over the last five years. The distribution accords with the long term trend described above, and with the figures for this reporting period.
186. As intimated elsewhere in this report, the primary reason for the focus on ASIO is that the Organisation has a domestic focus, and therefore is the agency most likely to interact with members of the public, or be subject to community concerns.
Figure 4
187. The next illustration (Figure Five) reveals the various sources from which complaints leading to preliminary inquiries have come during the reporting period.
188. The largest source of complaints came, as could reasonably be anticipated, from members of the public, with 16 out of 18 cases. One current/former human source lodged a complaint with my office, and one former agency employee also lodged a complaint with my office.
189. As I came to the position of Inspector-General late in the reporting period, I did not initiate any formal own motion inquiries but will give consideration to doing so, as I believe the need arises.
190. The office did not receive any requests from Ministers during the reporting period to conduct an inquiry into any matters relating to the conduct of any of the agencies I oversee.
Figure 5
191. The pie chart represented in Figure Six shows the sources of complaints/ referrals to the office since it came into existence.
192. The data contained in this field reveals that 65% of the preliminary/full inquiries pursued by the office were generated by members of the public, 23% came from current or former employees of the agencies, 9% of cases were initiated by the Inspector-General or were referred by a Minister, while 3% came from current or former human sources.
193. On the trend of recent years, I would expect the number of complaints from members of the public would increase slightly, relative to complaints from current or former agency employees. The other categories appear fairly static.
Figure 6
