Delivering a “New Administrative Law”: Commonwealth-Queensland ombudsman cooperation, 1976–1981

Abstract

Australia's so-called “New Administrative Law” reforms revolutionised citizen– government interaction in the 1970s and 1980s, with initiatives such as the Administrative Appeals Tribunal and the Commonwealth Ombudsman. Previous studies have focused on the political and policy foundations of these accountability systems, neglecting the subsequent role of politics in enabling these agencies to meet difficult service delivery challenges. This article investigates the decision of the Commonwealth and Queensland governments to create a shared ombudsman office in Brisbane in 1979, briefly noting changes to this agreement by 1981 under new Queensland Ombudsman leadership. Intergovernmental negotiations are examined as a case study in the importance of professional relationships to the wider success of the “New Administrative Law” agenda. It explores the problems that the newly created Commonwealth Ombudsman faced when delivering administrative justice within a federation of states. Despite disagreements between the parties in other policy areas, Queensland and the Commonwealth could cooperate, when encouraged by the goodwill of the ombudsmen themselves. Other factors aiding this process included: the federal government's early vision for a Commonwealth Ombudsman with staff nationwide, the positive example set by Western Australia's shared ombudsman facilities with the Commonwealth, and the need to plan for joint ombudsman investigations.