Mr. Paul Kenny:

I think so, because the idea of independence is central to what we believe the ombudsman should be. I provided the committee with the Ombudsman Association principles of governance. Independence is central and we have several norms that we embrace. They are all designed to reinforce the independence of the ombudsman. As it is an independent and objective body, it is important that there be a high threshold for rejecting a recommendation of an ombudsman. My experience of ombudsman investigations in this and other jurisdictions is that the recommendations are made after thorough investigations and a dispassionate look at the facts of the cases. We do not make recommendations lightly and I certainly do not make determinations lightly. I try to solve problems, if possible, by lifting the telephone and telling people what is coming down the tracks and asking if they want to do something about. If I must make a determination, it is a formal thing. It is not unusual for us to produce a 40-page report in the process of making a determination. It is something we take seriously and we expect it to be complied with. If it takes the High Court to say that it must be complied with, so be it.