NSW Ombudsman/ Complaint statistics/ fucking over the system
About us

4

NSW Ombudsman Annual Report

|

2011–2012

Who we are and what we do

The NSW Ombudsman is an independent and impartial watchdog established by the

Ombudsman Act 1974.

We are independent of the government of the day and accountable

to the public through Parliament itself. Our central goal is to keep government agencies and

some non-government organisations accountable by promoting good administrative conduct,

fair decision-making and high standards of service delivery, and protect the rights of people in

NSW. We are responsible for keeping the following types of organisations under scrutiny:

Organisations delivering public services
In 2011-2012 there was 5679 complaints about  Government Departments and Authorities.
Considering these high numbers of complaints the Ombudsman would be aware of the systemic corrupt conduct .
Instead of exposing this , the NSW Ombudsman  protected this conduct.
This is clearly why there was so much corruption in NSW  under the Labor Government first led by  Carr who is presently the Foreign minister and then a number of forgettable premiers ending with the skanky American born Kristina Keneally
  

Managing the organisation

11

Facts & figures

This is a summary of some of our work for the year. It

does not represent everything we have done, but it does

show the high number of matters we handle. Detailed

information about the various areas of work is included in

the other chapters of this

report.

This year we received 33,353

complaints and

notifications

across our

jurisdiction. As figure 1 shows, this included

9,504 formal matters and 23,849 informal matters.

Formal and informal are terms we use to categorise our

work. Formal matters are usually written

complaints and

notifications. This can include written

complaints about

agencies or organisations that are within our

jurisdiction,

but the complaint is about conduct that is not.

Informal matters are our telephone calls,

visits to our

office and inquiries our

staff deal with when they working

in the

community. The informal number also includes

those written

complaints made to our office that are about

organisations that are not within our

jurisdiction. When

we receive these contacts, we refer the person to the

appropriate agency or body.

We are contacted by a diverse range of people, including

members of the public, families of those who are receiving

community services, Members of Parliament,

staff

from

public sector agencies and certain private sector

organisations and journalists.

Handling formal and informal matters is only part of

our work. Figure 5 outlines some of our proactive and

systemic work for 2011–2012. More information can be

found throughout the

report.

Fig. 1:

Complaints and

notifications we received in 2011–2012

Subject area

Formal

Informal

Total

Departments and authorities

1,737

3,942

5,679

Local government

925

1,954

2,879

Correctional centres and

Justice Health

993

3,584

4,577

Juvenile justice

92

205

297

Child and family services

450

900

1,350

Disability services

158

193

351

Other

community services

33

101

134

Employment-related

child protection

1,221

543

1,764

Police

3,386

2,361

5,747

Outside our

jurisdiction

509

6,991

7, 5 0 0

Requests for information

0

3,075

3,075

Total

9,504

23,849

33,353

Fig. 2:

Formal

complaints and

notifications finalised

Subject area

07/08

08/09

09/10

10/11

11/12

Departments and authorities

1,354

1,310

1,414

1,382

1,778

Local government

788

672

875

924

933

Custodial services and

Justice Health

918

714

722

898

1,003

Juvenile justice

11

73

62

78

91

Human services agencies (

Housing NSW,

NSW Health)*

N/A

N/A

N/A

386

N/A

Freedom of Information**

197

224

136

89

N/A

Community services

737

704

720

716

641

Employment-related

child protection

1,921

1,715

1,483

1,304

988

Police

3,254

3,094

3,093

3,278

3,390

Agency outside our

jurisdiction

364

397

276

430

502

Total

9,544

8,903

8,781

9,485

9,326

*

We reported this number separately in 2010-2011 to reflect a structural change within the office. These matters are now included as

part of the departments and authorities figure.

**

Our office is no longer responsible for freedom of information matters. These are now handled by the Information and Privacy

Commissioner.

Facts and figures

•

several hundred NSW

public sector agencies including

departments, statutory authorities, boards, correctional

centres, universities and area health services

•

the

NSW Police Force

•

over 160 local and county councils

•

certain private sector organisations and individuals

providing privatised public services.

How we keep them accountable

We investigate and resolve:

•

complaints about the work of

public sector agencies

•

complaints about the merits of agency decisions

•

public interest disclosures from public sector

staff and

complaints about the way agencies have handled these

disclosures.

We oversee the

NSW Police Force’s

investigations

into

complaints about

police officers and check their

complaint-handling systems. We visit

juvenile justice

centres and correctional centres to observe their

operations and resolve concerns of

inmates. We also:

•

scrutinise legislation giving new

powers to

police

•

hear

appeals against decisions by the

Commissioner of

Police about the

witness protection program

•

provide

training and guidance in

investigations, complaint

management and good administrative conduct.

Organisations delivering services to children

Who we scrutinise

•

over 7,000 organisations providing services to children

– including

schools, child care centres, family day care,

out-of-school hours services,

juvenile justice centres

and organisations providing substitute residential care

and health programs

•

the conduct of paid

staff, contractors and thousands of

volunteers working for these organisations.

How we keep them accountable

Organisations are required to notify us of any

reportable

allegations about, or convictions for, conduct that could

be abusive to children. We oversee how organisations

handle these allegations about their

staff, and keep under

scrutiny their systems for dealing with such matters.

Where appropriate, we directly investigate the handling of

allegations. We also:

•

deal with

complaints from parents and other interested

parties about how organisations have investigated

allegations

•

keep under scrutiny the systems organisations have to

prevent employees from behaving in ways that could be

abusive to children

•

provide

training and guidance about how to handle

these kinds of allegations and convictions.

Organisations delivering

community

services

Who we scrutinise

•

licensed boarding houses and fee-for-service

organisations

•

child protection and family support services

•

out-of-home care services for

children and young people

•

home and

community care services

•

services for

people

with disabilities

•

supported accommodation and assistance program

services.

Community Services and Ageing, Disability and Home

Care provide many of these services. Non-government

organisations providing these services also fall within our

jurisdiction if they are funded, licensed or authorised by

the Minister for Community Services or the Minister for

Ageing and Disability Services.

How we keep them accountable

We investigate and resolve

complaints about the

provision, failure to provide, withdrawal, variation or

administration of

community services. We review:

•

standards for the delivery of

community services

•

the systems organisations have in place to handle

complaints about their services

•

the situation of children, young people and

people

with

disabilities who are in

out-of-home care

•

the

deaths of certain children, young people and

people

with disabilities in care.

We also:

•

visit certain services where children, young people and

people

with disabilities live

•

support the

Child Death Review Team

2.1 Referral of allegations/ ITSA / AFAS

More shit from Veronique Ingram the skank that protects fraud................... 

Up one level

Next Previous  

The allegation of an offence is the initial step in the investigation process.
Allegations of offences can arise from a variety of sources, such as:

1. ITSA staff, including the Official Trustee and the Official Receiver;
2. Registered Trustees;
3. members of the public including creditors and anonymous informers;
4. other Commonwealth or State/Territory agencies - including police services;
5. internal or external audit/inspection processes;
6. Government or Ministerial referrals;
7. referrals from overseas governments or agencies; and
8. other sources.

Referrals from within ITSA should be on the form entitled “Alleged Offence Referral to Enforcement” and include as much relevant information as possible, including all evidence obtained by the staff member.  .
Where referrals originate from outside ITSA, the referrer should be encouraged to provide the information on the form entitled “Alleged Offence Referral to ITSA Enforcement” available on the ITSA Regulation & Enforcement Internet site.
Trustees and other referring sources should be encouraged to report any evidence of bankruptcy-related fraud to their closest Enforcement office.  Trustees and other referring sources may become discouraged from making referrals because of the perceived “minor” sentences handed down from some criminal prosecutions.  It is important to assure them that referrals serve multiple purposes - including tracking trends in fraudulent activity and documenting the need for additional investigative resources.  Enforcement should emphasise to referrers at any given opportunity that the content and thoroughness of the referral will assist Enforcement in their assessment process and assist in determining whether a matter should be investigated.
The Inspector-General Practice Statement 14 provides guidance to practitioners on when to refer matters to ITSA Enforcement and to clarify what information may be required to support an offence referral.
Where an allegation is made to a Trustee by an anonymous informant, the Official Trustee or the Registered Trustee responsible for the administration of the estate should endeavour to verify the allegation through the collection of substantiating information prior to referring the matter to Enforcement.
If an allegation is made directly to Enforcement by an anonymous informant, Enforcement personnel should obtain as much information as possible.  Enquiries can then be made to verify / dismiss the allegation through the collection of further information.
If any party has any general enquiries with respect to Enforcement, the Bankruptcy Act 1966 offence provisions, or simply questions about whether or not to refer a matter to Enforcement for investigation, they can send an email to fraud.enquiries@itsa.gov.au and Enforcement will provide them with a response at the first available opportunity.
Where a referring source seeks verbal advice from Enforcement as to whether an offence may have been committed prior to a formal referral being submitted, Enforcement should, as soon as possible, indicate on the basis of the information at hand, whether there is sufficient information to disclose an alleged offence.
If Enforcement believes that an alleged offence has not been committed, or that the case is not suitable for investigation Enforcement should provide reasons to the referrer and indicate, if appropriate, what further action is required to finalise the matter.
Where Enforcement considers the case is suitable for investigation, Enforcement should advise the referrer to refer the matter on the form titled “Alleged Offence Referral to ITSA Enforcement”.

Next Previous

  Managing risk and fraud/ Adam Toma ITSA/ Gavin McCosker ITSA/ Veronique Ingram ITSA

Adam Toma and Gavin McCosker are both on ITSA's or now AFAS Audit committee's and both are corrupt and protecting fraud.

Clearly it is shit that ITSA has a current  fraud risk assessment and fraud control plan.

Adam Toma's department has  a shonkey Investigation policy and  Bankruptcy Regulations has no investigation policy so this is why statistics in the Annual Report are false because complaints are fucked over.

Senior Management are advised by Matthew Osborne that detected fraud  does not have to be reffered to Enforcement.

according to S 19 of the Bankruptcy Act.

Gavin McCosker  who is also on ITSA's Audit committee has protected fraud.

The following statement from ITSA is clearly false

*************ITSA has been active throughout 2010–11 in its endeavours to minimise internal and external fraud and undertake appropriate investigations where fraud has been suspected or detected.*******************************

Managing risk and fraud

Risk management is an integral part of ITSA’s planning and management processes at all levels. ITSA’s Risk Management Plan sets out a systematic process and tools to help identify, analyse, assess, manage and monitor risks to ITSA in achieving its objectives.
During 2010–11, each of ITSA’s operational business lines had detailed management assurance programs with monthly management reports to address or minimise risks within their areas of business. In addition, the National Management Board has embedded risk management into the organisation’s revised strategic planning process. The National Management Board and Business Solutions Planning Group reviewed, added to and updated organisational risks. Review of ITSA’s risk register is a standing item at National Management Board and Business Solutions Planning Group meetings each quarter.
For the financial year 2010–11 ITSA had a current fraud risk assessment and Fraud Control Plan both of which will be updated in accordance with the Commonwealth Fraud Control Guidelines In 2011–12. ITSA’s Fraud Control Plan is based on a comprehensive risk assessment which assesses inherent fraud risk, associated mitigation strategies and covers fraud prevention, detection, investigation, reporting and data collection for both internal and external fraud. ITSA has been active throughout 2010–11 in its endeavours to minimise internal and external fraud and undertake appropriate investigations where fraud has been suspected or detected.

ITSA's name Change/ Australia Financial Security AuthorityAustralian Financial Security Authority (AFSA).
As of 15th August 2013 ITSA has changed its name  to AFSA but not its corrupt senior management. which consist of Veronique Ingram, Adam Toma, Gavin McCosker, Matthew Osborne Mark Findlay who  fuck over creditors and protect  bankrupts who commit fraud.

 Veronique Ingram/ Adam Toma/ITSA notice - ITSA publishes its Practitioner Compliance Program for 2013-14 

The following  is propaganda written  by the skank Veronique Ingram.

 “ITSA’s approach focuses on early resolution of systemic issues by adopting a proactive and preventative regulatory approach wherever possible( All Shit)

Clearly there is no transparency when the Fucker Matthew Osborne has already given advice to ITSA and trustee's  protect fraud.

This skanky bitch Veronique Ingram  is aware of the systemic corrupt conduct at ITSA .

There is a clear problem when the  Cheryl Cullen believes  that ITSA has the discretion to mislead a creditor.

It  will now be particularly amuzing when this bitch tries to defend  all this in court 

Thu 18 July 2013

ITSA published its Practitioner Compliance Program for 2013-14.

Chief Executive and Inspector-General in Bankruptcy, Veronique Ingram, said that Insolvency and Trustee Service Australia (ITSA) is pleased to publish its Practitioner Compliance Program for 2013-14.
“ITSA’s approach focuses on early resolution of systemic issues by adopting a proactive and preventative regulatory approach wherever possible. We also value the promotion of a regulatory environment where all stakeholders play a part in maintaining best practice standards.
It’s vital that ITSA continues to lead the raising of the standards of insolvency administration to ensure that the interests of Australian creditors, debtors and bankrupts are protected,” she said.
“Each year we proactively undertake practitioner inspections. In 2013-14 we expect to conduct inspections of about 750 personal insolvency administrations and the practices of more than 100 Australian personal insolvency practitioners.
This financial year the focus is in five areas.

• practitioner expenses
• bankruptcy offence investigation
• practitioner’s complaint handling systems
• practitioner’s systems and controls
• practitioner remuneration

Ms Ingram said that ITSA’s ongoing transition to online service delivery to practitioners, debtors, creditors and the Australian public ensures that we continue to update our personal insolvency system to improve transparency, security, monitoring, fairness, efficiency and tough penalties when needed.
“Australia has a robust, equitable, and effective personal insolvency regulatory system and it’s important to continually improve to remain one of the best jurisdictions in personal insolvencies globally,” she said.
All ITSA stakeholders are encouraged to view the ITSA’s Insolvency Practitioner Compliance Program for 2013-14

Home › About us › Introduction to ITSA › Business areas › About Regulation and Enforcement › Insolvency practitioner compliance program 2013-2014

About Regulation and Enforcement Insolvency practitioner compliance program 2013-2014

Insolvency practitioner compliance program 2013-2014 Includes the overarching ethos and strategic focus areas for Regulation and Enforcement. The insolvency compliance strategy includes the following sections: Overarching ethos Statements of principle Whole of industry approach and international best practice focus Strategic focus areas Practitioner's expenses Offence referrals Practitioner's systems and controls Complaint handling Remuneration Insolvency practitioner compliance activities Annexure A 1) Overarching ethos Statements of principle Our approach focuses on early resolution of systemic issues by adopting a proactive and preventative regulatory approach wherever possible. The Inspector-General Practice Statement 1 – Regulatory Framework (IGPS 1) outlines the core of our regulatory ethos and describes the compliance model below. Compliance model Text based description of the diagram above. Whole of industry approach and international best practice focus We promote a regulatory environment where all stakeholders play a part in maintaining best practice standards. We will continue to engage with financial counsellors, creditors, debtors, the Commonwealth Director of Public Prosecutions (CDPP), Insolvency Practitioners Association (IPAA), Debt Agreement Practitioners Association (DAPA), Australian Securities and Investments Commission (ASIC) and other professional associations and government agencies. This broad level of engagement ensures all necessary intelligence is available and facilitates the best outcomes for those affected by insolvency. We will also continue to actively engage with the International Association of Insolvency Regulators (IAIR) to facilitate appropriate benchmarking against developments and advances in insolvency regimes in comparable jurisdictions. 2) Strategic focus areas In the financial year to 30 June 2014, we will focus on the following five (5) technical and non-technical areas in its compliance program. Practitioner’s expenses On the back of successful remuneration outcomes in 2011-12 and 2012-13, we will extend its review in 2013-14 to focus more specifically on outlays and expenses taken by practitioners. The focus will be to ensure that the outlays taken are reasonable and do not confer an extra benefit for the practitioner. Offence Referrals An effective Enforcement program underpins a properly functioning insolvency system by protecting the public interest. We will ensure practitioners are identifying offences by bankrupts and others in the system in the course of their investigative estate work and referring them for review and prosecution if necessary. Practitioner’s systems and controls Insolvency practitioners rely on a framework of systems and controls that should keep up with legislative and best practice developments. In 2013-14 we will review practitioners’ quality assurance procedures to ensure systems and controls that govern the administration of estates are of an acceptable standard. Complaint handling It is imperative practitioners have adequate internal complaint handling systems as outlined by the Inspector-General as part of effective practitioner communication (IGPD 22) and the IPA Code of Professional Conduct. In the context of section 2.3 above, we will focus particularly on a practitioners’ complaint handling systems to ensure issues of concern are resolved at the first point of contact wherever possible. Remuneration An ongoing focus will be to proactively identify, and where possible remedy, instances of overcharging or over-servicing by registered trustees (RTs) and/or third parties, particularly in the area of “solvent” estates and annulments under section 153A of the Bankruptcy Act 1966. 3) Insolvency practitioner compliance activities The five (5) strategic focus areas in 2013-14, outlined in section 2 above, are complemented by our eight (8) core insolvency compliance roles. These core roles and our strategic focus within each role in 2013-14 is explained in Annexure A. Annexure A No. Function Inspector-General Practice Statement (IGPS) or other web based material Strategic focus areas in 2013-14 1 Trustee (RT) and debt agreement administrator (RDAA) registrations (i)   IGPS 4 – Guidelines and processes for registration of Debt Agreement Administrators (ii)  IGPS 13 – Trustee registered under the Bankruptcy Act – reistration application process A focus on inactive practitioners to ascertain if the required skills and knowledge have been retained. 2 Inspections IGPS 11 - Monitoring and inspection of Bankruptcy Trustees and Debt Agreement Administrators Emphasis will be directed to a practitioner’s quality assurance procedures to ensure systems and controls are acceptable. 3 Proactive monitoring IGPS 11 - Monitoring and inspection of Bankruptcy Trustees and Debt Agreement Administrators Attention will be drawn to review a practitioner’s first point of contact with debtors to ensure advice provided is within legislative and best practice guidelines. 4 Guidance Personal Insolvency Regulator newsletter Practices and policies Quarterly issues of the Personal Insolvency Regulator newsletter. Review, consultation and update of IGPS where necessary. Facilitate Practitioner Information Sessions when deemed necessary. 5 Complaints IGPS 10 – Complaints handling process for complaints against bankruptcy Trustees and Debt Agreement Administrators Review of practitioner’s internal complaint handling systems. Emphasise gatekeeper approach to identify issues early for debtors and creditors - either resolve or direct to another appropriate agency. 6 Inspector-General Reviews (i)    IGPS 12 – Statutory reviews of Trustees’ decisions under the Bankruptcy Act 1966 by the Inspector-General in Bankruptcy (ii)   IGPS 15 – Assessment by the Inspector-General of a Trustee’s remuneration approval request (iii)  IGPS 16 – Reviewing remuneration of Trustees and costs of third party service providers Practitioner remuneration and expenses/outlays. 7 Disciplinary action (i)    IGPS 9 – Involuntary cancellation of registration of Debt Agreement Administrators and ineligibility process (ii)   IGPS 8 – Involuntary cancellation of Trustee registration Early intervention cultivating productive working relationships with all stakeholders so that proactive action can be taken as appropriate. 8 Investigate & prosecute offences against the Bankruptcy Act 1966 IGPS 18 – Issuing of infringement notices by the Inspector-General in Bankruptcy IGPS 14 – Referring offences against the Bankruptcy Act 1966 to the Inspector-General A focus on the quality of practitioner’s offence referrals. Ensuring timely lodging of documents with the Official Receiver in accordance with time-frames stipulated in the Act. Inspector-General Practice Statement (IGPS) – available publicly on our website – explains how we go about what we do. Document Actions