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Allan Yates
Internal Ombudsman
Understanding and addressing barriers
to creating a positive reporting culture
Complaints management – if complaints are not
made, there’s nothing to manage …
Key attributes:
1. Employees feel empowered and
confident to speak up about
concerns, without fear of reprisal
or associated stigmatisation
2. Someone in a position of
authority will respond and react
to that complaint
3. Employees are aware of what
constitute wrongdoing and the
mechanisms to report
What is a positive reporting culture?
When things go wrong
Some stats
 would you report corruption if you saw it?
• More than 90% of Australians would.
(Transparency International, 2013)
 would you know who to report it to or to seek advice?
• 87% of councils had a reporting channel; but, only
• 43% had a reporting channel and their staff knew how to use it.
(ICAC, 2010)
• half of surveyed Australians ‘did not know to whom or how to report
corruption’
(ANU, 2012)
 would you feel confident reporting and protection from reprisal?
• 20% of staff in councils hadn’t sufficiently been told about public
interest disclosure protections.
(ICAC, 2013)
When asked …
Basis of research project
How corruption is perceived, interpreted and
addressed in local government
• Sample base of 10 Councils in New South Wales
• Total of 251 responses received from a range of appointed officials
1. Whether employees felt protected from reprisal action
2. Whether employees had thought about reporting corruption but
decided not to
3. What the reasons were for not reporting suspected corruption
4. To whom would suspicions of corrupt conduct go to
5. Effectiveness in dealing with reports about suspected corrupt
conduct
1) Protection from reprisal action
 Less that
40% of
employees
said they
would
If you were to report corruption to a person within your Council, are
you confident that you would be protected from associated reprisal
action? (n = 200)
37.5% 37.5%
24.5%
0.5%
0%
5%
10%
15%
20%
25%
30%
35%
40%
Yes No Don't know Prefer not to
say
2) Making the decision to report corruption
 1 in 5 employees has
thought about
reporting corruption,
but decided not to
 Only 3 out of 4
employees have
never thought about
reporting corruption
Have you ever thought about reporting corruption, but decided
not to? (n = 201)
19.4%
72.6%
8.0%
Yes No Prefer not to say
3) Reasons for not reporting suspected
corrupt conduct
If you decided not to report corruption, what were your reasons
for this? (n=38)
52.6%
42.1%
28.9% 26.3% 23.7%
I was worried
about being
branded a
trouble maker
I didn’t feel that
I had enough
evidence to
support my
suspicion
I was
discouraged
from doing so
I thought it best
to say nothing
I didn’t think
anyone would
take me
seriously
4) Where reports of corruption may be
made
31%
8%
8%
8%
1%
10%
15%
5%
7%
1%
6%My manager
Human Resources
General Manager / CEO
Governance Manager
Public Officer
Internal Ombudsman
An external agency, such as ICAC
No one, I would stay silent
Don't know
Prefer not to say
Other
If you suspected or witnessed corrupt activity within your Council,
to whom would you report this? (n = 80)
5) When employees do report …
 16% (n = 34/202)
respondents had
reported behaviour
which they felt was
corrupt
 Majority made
internally (88%).
 About one third
(n = 11/30) of internal
reports dealt with
effectively
Was your complaint regarding suspected
corruption dealt with effectively?
11 11
8
3
1
0
0
2
4
6
8
10
12
Yes No I wasn’t given
sufficient
information or
feedback to be
able to answer
this question
Internally
Externally
Key barriers
1. Less that 40% of employees said they would feel protected from
reprisal action.
2. 1 in 4 employees has thought about reporting corruption but decided
not to.
3. There are a number of reasons why employees will not make a
report, if they suspect corrupt conduct – not just fear of reprisal
4. The majority of complaints are likely to be made internally.
5. Managers can be key facilitators in developing a positive reporting
culture but can also be a barrier if they are not engaged or educated
on how to deal with reports.
6. There is a general view that when reports are made, they are not
dealt with effectively
What can we do to overcome
these barriers?
1. Remove the fear of reprisal action – education, awareness; also, a
clear message that sanctions will apply to staff who take reprisal
action or inhibit a complainant from raising their concern.
2. Address other stigmas as well – e.g., being branded a trouble maker;
discouraged from reporting; didn’t have enough evidence.
3. Survey staff and evaluate trends – to better understand the risks.
4. An in-house complaints management function is fundamental
5. Educate managers and executives on their obligations and make them
accountable.
6. Ensure that complaints are investigated promptly, professionally, and
to the requisite standard.
Raising awareness
Anonymous PID – April 2016
“This has not been an easy decision for me. I have battled with
myself for the past few months about if and how to report it. I feel
like it is integrity verse potential issues within our team.
I can no longer look at the 'see something wrong' signs
around council and question myself.”
3 Takeaways
1. A positive reporting culture must:
• Allow for complaints to be made without restriction. Staff are
empowered and encouraged to speak up or to question and are
aware of what actions and behaviours are not acceptable;
• Be able to adequately and appropriately manages
complaints/reports; and,
• Have access to a credible and capable investigative resource
2. Understanding barriers to reporting is key if an
organisation wishes to proactively negate or mitigate them
3. Holistic, integrated approach to:
• Deter, Prevent and Detect corruption or other wrongdoing.
“A culture of corruption is not that
everyone is corrupt …
but that almost everyone will be
unwilling to report on the corrupt.”
- Klitgaard, Robert. (1988). Controlling Corruption
Any questions?
allan.yates@northernbeaches.nsw.gov.au
9942 2216

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Allan Yates - NIS 2016

  • 1. Allan Yates Internal Ombudsman Understanding and addressing barriers to creating a positive reporting culture
  • 2. Complaints management – if complaints are not made, there’s nothing to manage … Key attributes: 1. Employees feel empowered and confident to speak up about concerns, without fear of reprisal or associated stigmatisation 2. Someone in a position of authority will respond and react to that complaint 3. Employees are aware of what constitute wrongdoing and the mechanisms to report What is a positive reporting culture?
  • 4. Some stats  would you report corruption if you saw it? • More than 90% of Australians would. (Transparency International, 2013)  would you know who to report it to or to seek advice? • 87% of councils had a reporting channel; but, only • 43% had a reporting channel and their staff knew how to use it. (ICAC, 2010) • half of surveyed Australians ‘did not know to whom or how to report corruption’ (ANU, 2012)  would you feel confident reporting and protection from reprisal? • 20% of staff in councils hadn’t sufficiently been told about public interest disclosure protections. (ICAC, 2013) When asked …
  • 5. Basis of research project How corruption is perceived, interpreted and addressed in local government • Sample base of 10 Councils in New South Wales • Total of 251 responses received from a range of appointed officials 1. Whether employees felt protected from reprisal action 2. Whether employees had thought about reporting corruption but decided not to 3. What the reasons were for not reporting suspected corruption 4. To whom would suspicions of corrupt conduct go to 5. Effectiveness in dealing with reports about suspected corrupt conduct
  • 6. 1) Protection from reprisal action  Less that 40% of employees said they would If you were to report corruption to a person within your Council, are you confident that you would be protected from associated reprisal action? (n = 200) 37.5% 37.5% 24.5% 0.5% 0% 5% 10% 15% 20% 25% 30% 35% 40% Yes No Don't know Prefer not to say
  • 7. 2) Making the decision to report corruption  1 in 5 employees has thought about reporting corruption, but decided not to  Only 3 out of 4 employees have never thought about reporting corruption Have you ever thought about reporting corruption, but decided not to? (n = 201) 19.4% 72.6% 8.0% Yes No Prefer not to say
  • 8. 3) Reasons for not reporting suspected corrupt conduct If you decided not to report corruption, what were your reasons for this? (n=38) 52.6% 42.1% 28.9% 26.3% 23.7% I was worried about being branded a trouble maker I didn’t feel that I had enough evidence to support my suspicion I was discouraged from doing so I thought it best to say nothing I didn’t think anyone would take me seriously
  • 9. 4) Where reports of corruption may be made 31% 8% 8% 8% 1% 10% 15% 5% 7% 1% 6%My manager Human Resources General Manager / CEO Governance Manager Public Officer Internal Ombudsman An external agency, such as ICAC No one, I would stay silent Don't know Prefer not to say Other If you suspected or witnessed corrupt activity within your Council, to whom would you report this? (n = 80)
  • 10. 5) When employees do report …  16% (n = 34/202) respondents had reported behaviour which they felt was corrupt  Majority made internally (88%).  About one third (n = 11/30) of internal reports dealt with effectively Was your complaint regarding suspected corruption dealt with effectively? 11 11 8 3 1 0 0 2 4 6 8 10 12 Yes No I wasn’t given sufficient information or feedback to be able to answer this question Internally Externally
  • 11. Key barriers 1. Less that 40% of employees said they would feel protected from reprisal action. 2. 1 in 4 employees has thought about reporting corruption but decided not to. 3. There are a number of reasons why employees will not make a report, if they suspect corrupt conduct – not just fear of reprisal 4. The majority of complaints are likely to be made internally. 5. Managers can be key facilitators in developing a positive reporting culture but can also be a barrier if they are not engaged or educated on how to deal with reports. 6. There is a general view that when reports are made, they are not dealt with effectively
  • 12. What can we do to overcome these barriers? 1. Remove the fear of reprisal action – education, awareness; also, a clear message that sanctions will apply to staff who take reprisal action or inhibit a complainant from raising their concern. 2. Address other stigmas as well – e.g., being branded a trouble maker; discouraged from reporting; didn’t have enough evidence. 3. Survey staff and evaluate trends – to better understand the risks. 4. An in-house complaints management function is fundamental 5. Educate managers and executives on their obligations and make them accountable. 6. Ensure that complaints are investigated promptly, professionally, and to the requisite standard.
  • 14. Anonymous PID – April 2016 “This has not been an easy decision for me. I have battled with myself for the past few months about if and how to report it. I feel like it is integrity verse potential issues within our team. I can no longer look at the 'see something wrong' signs around council and question myself.”
  • 15. 3 Takeaways 1. A positive reporting culture must: • Allow for complaints to be made without restriction. Staff are empowered and encouraged to speak up or to question and are aware of what actions and behaviours are not acceptable; • Be able to adequately and appropriately manages complaints/reports; and, • Have access to a credible and capable investigative resource 2. Understanding barriers to reporting is key if an organisation wishes to proactively negate or mitigate them 3. Holistic, integrated approach to: • Deter, Prevent and Detect corruption or other wrongdoing.
  • 16. “A culture of corruption is not that everyone is corrupt … but that almost everyone will be unwilling to report on the corrupt.” - Klitgaard, Robert. (1988). Controlling Corruption