iSAYSO
Administrative accountability, court registry systems and recordkeeping Dear Mr Kibblewhite,
Subject: Administrative accountability, court registry systems and recordkeeping
Dear Mr Kibblewhite,
I am writing concerning a broader administrative issue affecting the operation of Ministry of Justice court registries.
I am not asking you to intervene in judicial decisions or individual cases. My concern is the administration supporting the courts and, particularly, who is accountable when recurring administrative failures are reported but remain unresolved.
The Prime Minister’s Office has referred me principally to the Ministry of Justice in relation to these matters. Its response records my concerns as including systemic registry errors, missing or misdirected filings, notice failures, complaint escalation, audit findings, performance measures and corrective action.
Response Letterz.pdf
I therefore ask you to identify, in straightforward terms, who is administratively responsible for ensuring these functions operate correctly, from registry level through to senior executive responsibility.
There is a second issue which requires clarification.
Some of the matters we are encountering raise the possibility that instructions, decisions, escalations or explanations may have been communicated verbally rather than recorded.
Accordingly, please confirm:
- what Ministry policy governs the recording of material oral decisions, directions, communications and complaint escalations concerning court administration;
- whether relevant searches for official information include information known by officials in their official capacity but not recorded in documents;
- what controls ensure significant administrative activity is properly recorded;
- who is responsible for investigating a failure to create or maintain an appropriate administrative record; and
- who ultimately receives and acts upon reports of systemic registry failures where the complaint concerns the administration itself.
I am asking these questions because the problem is no longer confined to whether a particular document can be located. The wider issue is whether there is a reliable administrative record capable of showing what happened, who made the decision, under whose authority, what information was relied upon, and what corrective action followed.
The Public Records Act framework requires public offices to create and maintain full and accurate records of their activities, while official information is not confined to information already reduced to writing.
I would appreciate a clear response identifying the appropriate accountability pathway and the responsible offices or positions.
Kind regards,
Tracy Lynch
isayso.net — We Review the Crown