Offi ce of Public Prosecutions

OPP – making a difference.

DIRECTOR OF PUBLIC PROSECUTIONS OFFICE OF PUBLIC PROSECUTIONS COMMITTEE FOR PUBLIC PROSECUTIONS

ANNUAL REPORT 2006/07 Offi ce of Public Prosecutions 565 Lonsdale Street Melbourne VIC 3000 Phone No: (03) 9603 7666 Fax No: (03) 9603 7430 www.opp.vic.gov.au Annual Report 2006/07 The 2006/07 Annual Report presents a summary of the performance of the Director of Public Prosecutions, the Offi ce of Public Prosecutions and the Committee for Public Prosecutions over the 2006/07 fi nancial year. Full fi nancial statements for the Offi ce of Public Prosecutions are provided in this report. Additional information about the Offi ce of Public Prosecutions can be viewed at: www.opp.vic.gov.au

Production details Development Offi ce of Public Prosecutions 565 Lonsdale Street Melbourne Victoria 3000 Writing and editorial services Jacqueline Flitcroft Curtis Greenwood Design and production X2 Design Contents

Message from the Director of Public Prosecutions 4 Message from the Solicitor for Public Prosecutions 5 Highlights: making a difference in 2006/07 6

ABOUT THE OPP 9 What we do 10 Who we are 16

OUR PERFORMANCE 21 Our prosecutions performance in 2006/07 22 Delivering a high quality and effective prosecution service 24 Pioneering innovative approaches to prosecutions 34 Reducing delays in the criminal justice system 38 Providing better support for victims and witnesses 41 Infl uencing policy and law reform 45 Strengthening corporate governance and capability 48 Building a high performing workplace and becoming an employer of choice 52

OUR FUTURE CHALLENGES 55 Looking ahead 56

FINANCIAL REPORT* 59 APPENDICES* 81

*These sections are available on CDROM in some versions of this report

OPP ANNUAL REPORT 2006/07 PAGE 3 Introduction

Message from the Director of Public Prosecutions

assault are treated more sensitively within the area of Confi scations – where we also recorded Working in public prosecutions in criminal justice system. It is a very important signifi cant successes in 2006/07 in confi scating Victoria continues to be a challenging, initiative and one that will make Victoria a property and assets obtained through crime. exciting and rewarding experience. national leader in the prosecution of sex Despite these growing pressures, our Crown offences. Prosecutors have continued to demonstrate tremendous productivity, managing higher Over the past year, the dedicated and Over the year, we also renewed and workloads and more complex cases effi ciently professional people who work with the strengthened our support for victims of and professionally. Director of Public Prosecutions (DPP) and crime. This is an area of growing signifi cance within the Offi ce of Public Prosecutions (OPP) for prosecution services around the world Throughout 2006/07, we have continued to have worked harder than ever to ensure that – and Victoria is no exception. We are work with the Attorney-General and the Victoria’s criminal justice system operates fairly strongly committed to implementing the Department of Justice to implement the and effi ciently – serving the interests of those Victims’ Charter introduced by the Victorian Victorian Government’s Justice Statement. involved in matters before our courts, as well Government in 2006 and have taken action to In particular, we are taking action to reduce as delivering substantial benefi ts to the wider ensure that our procedures and practices fully delays within the criminal justice system, Victorian community. consider the needs and concerns of victims backed by additional resources provided and witnesses of crime as they go through the by the government. We are examining and The challenges facing prosecutors in the court process. reforming our internal practices to assist in the 21st century are signifi cant and complex. more streamlined management of cases and These challenges include exploring new ways We also continue to listen to the concerns we are working with Victoria Police, the courts to reduce delays across the criminal justice and expectations of the Victorian community and other stakeholders to resolve cases system, handling increasingly complex cases, in relation to the adequacy of sentences for earlier. We recognise the value and fairness in providing much better support to victims serious offences. In 2006/07, I again reviewed resolving cases quickly and appropriately and and witnesses, moving into new areas of every sentence in cases run by the OPP on will continue to show leadership in this area legal practice and managing the increasing my behalf and made a record number of over the coming year. use of technology in the preparation and appeals against sentence. Of the appeals heard conduct of cases. Throughout 2006/07, I have by the Court of Appeal, more than half were I thank the staff of the OPP and the Crown worked together with the Solicitor for Public allowed, resulting in longer sentences being Prosecutors for another year of outstanding Prosecutions and the Chief Crown Prosecutor imposed for a range of offences including service. Their dedication, integrity and to ensure that we have the capability to meet armed robbery, serious assaults, sex offences commitment are remarkable. I am sure that these challenges and continue to deliver a high and culpable driving. they will rise to meet the challenges ahead quality prosecution service. and continue to provide the highest standard During 2006/07, we recorded signifi cant of service to myself as Director of Public During the year, we made some highly achievements in prosecuting major cases Prosecutions, to the Victorian courts and to the signifi cant and potentially far-reaching involving police corruption and organised advancement of a strong and fair justice system. changes in our approach to prosecutions. We crime. Two Crown Prosecutors and three OPP established a new Specialist Sex Offences solicitors received Citizen Commendations Unit within the OPP to ensure the more from the Chief Commissioner of Police for their effective and sensitive prosecution of sex outstanding work in assisting the Purana Task offences. The unit represents an entirely new Force investigating gangland activity, while the way of conducting prosecutions in Victoria, Offi ce of Police Integrity has commended OPP bringing together specialist crown prosecutors, staff for their work with the Ceja Task Force PAUL COGHLAN QC solicitors and support staff in one central investigating police corruption. Director of Public Prosecutions location. This team approach aims to build These major, resource-intensive investigations expertise in the area of sex offences, deliver have placed additional demands on our services, consistency in the way these offences are as has our growing practice in the relatively new prosecuted and ensure that victims of sexual

Note: This message comprises the 2006/07 Annual Report of the Director of Public Prosecutions in accordance with section 12 of the Public Prosecutions Act 1994 PAGE 4 Introduction

Message from the Solicitor for Public Prosecutions

We completed a major organisational review work we do is often diffi cult, stressful and At the Offi ce of Public Prosecutions, we – the fi rst time in 20 years that Victoria’s demanding and our staff deserve the best are very conscious of our obligations prosecutions service has conducted its own working environment that we can provide, to victims of crime and the Victorian review. A Blueprint for Effective, Effi cient and with opportunities for part-time work, for community. We believe strongly that our Economical Prosecutions recommended achieving a healthier work-life balance and for work is making a difference and that we signifi cant reforms to the OPP’s legal and pursuing interesting and rewarding careers are delivering substantial and important administrative functions, management within prosecutions. benefi ts to the Victorian community. practices and offi ce systems. We have The changes we are making will bring new commenced many of these reforms and The Office of Public Prosecutions challenges and diffi culties – but they are also will continue to implement the review’s has responsibility for providing an exciting. I have every confi dence that these recommendations over the next 12 months. independent, timely and effective changes will not only improve our services, prosecutions service to the Director of By changing the way we operate, we plan to but also enhance the skills, reputation and Public Prosecutions on behalf of the increase our productivity and effi ciency, make the career prospects of our staff. They will also Victorian community. In meeting that best use of the strengths and skills of our staff, and give the OPP an opportunity to become one responsibility, the OPP endeavours to further improve the value of our contribution to of the most advanced and innovative public improve the fair and efficient operation of the criminal justice system in Victoria. prosecution services in the world. Victoria’s criminal justice system, ensure that victims of crime are treated with We also commenced reviewing and renewing On behalf of the staff of the OPP, I thank respect and dignity, and deliver a high our internal practices and procedures to Victoria Police, the courts, the Department quality prosecutions service in which streamline our management of cases and of Justice and other agencies who work Victorians have trust and confidence. ensure continuity in the handling of cases by with us on a daily basis within the criminal our solicitors. We began a full review of our justice system. I also thank Paul Coghlan QC briefi ng practices to ensure that we adopt a and Jeremy Rapke QC for their leadership In 2006/07, we continued to be in the best practice approach in our engagement in maintaining the highest of standards forefront of efforts to reduce delays across with the Victorian Bar. We have also reviewed in Victoria’s prosecutions service. Most the criminal justice system. We improved and restructured key functions within the importantly, I thank the staff of the OPP. Every our support and assistance to victims and offi ce, developed strategies for using our day, I am reminded that it is a great privilege witnesses of crime. We introduced an resources more effi ciently and commenced a to work with such committed people – and innovative specialist approach to prosecuting major upgrade of our corporate governance the achievements of the DPP and the OPP in sex offences. We supported the DPP in and risk management frameworks. 2006/07 refl ect their hard work, enthusiasm making a record number of appeals against and dedication. sentence to the Court of Appeal. We also Working with the Department of Justice, we managed an increasing workload, including a developed the OPP’s fi rst independent Budget growing number of appeals to the County submission to the Victorian Government, Court, while securing one of the highest rates resulting in a substantial increase in funding of guilty pleas and convictions over eight years. that will enable us to proceed with important initiatives aimed at reducing delays in the justice As the demands on prosecutors grow, the system through the early resolution of matters ANGELA CANNON OPP must ensure that we have the capability before the courts. to meet those demands, while continuing Solicitor for Public Prosecutions to satisfy community expectations. During We also continued to take action to improve 2006/07, we began making the changes the work practices, employment conditions necessary to take the OPP into the future as and physical workplaces of our staff. I am a dynamic, high performing and modern legal very determined that the OPP be widely practice capable of delivering a 21st century recognised as an ‘employer of choice’ within prosecution service. the public sector and the legal profession. The

OPP ANNUAL REPORT 2006/07 PAGE 5 Highlights

Highlights 2006/07

The OPP worked harder than ever to ensure that Victoria’s criminal justice system operates fairly and effi ciently.

OPP – making a difference.

PAGE 6 Highlights

The number of fi ndings of guilt Briefs prepared and hearings The DPP made a record 41 The number of guilty pleas as a percentage of the OPP’s attended by the OPP reached appeals against sentence to pre-trial as a percentage of case overall case disposals was the 69,183 – the highest in more the Court of Appeal. Of the disposals increased by nearly 15 highest in over eight years, than eight years. 38 appeals heard by the court, per cent over the last 12 months. increasing by nearly 7 per cent more than half were allowed. Contested committals decreased in the last 12 months. for the fi rst time in seven years.

A new Specialist Sex Due to the increase in guilty The OPP handled more than The OPP successfully concluded Offences Unit was established pleas pre-trial, the number of 2,200 County Court appeals the prosecution of several high to provide a specialised, trials decreased by 11.5 per – the highest in more than eight profi le cases arising from the best-practice and proactive cent in the County Court years – including a 17 per cent Purana Task Force investigation approach to prosecuting sex (Melbourne), 2.4 per cent in the increase in County Court appeals into organised crime and the offences and supporting the Supreme Court (Melbourne) completed in Melbourne over Ceja Task Force investigation into victims of sexual assault. and 14.4 per cent in the Circuit the last 12 months. police corruption. Courts compared to 2005/06.

The Audio-visual unit prepared Support for 1091 victims of The OPP secured signifi cant The OPP undertook a major 1,780 pieces of evidence for serious crime was provided additional resources for organisational review and court in 2006/07, an increase of through the OPP’s Witness 2007/08 for initiatives to commenced major changes over 5% from 2005/06. Assistance Service. reduce delays in the criminal to improve and modernise its justice system. prosecution service.

OPP ANNUAL REPORT 2006/07 PAGE 7 Introduction

PROFILE

PAUL COGHLAN QC DIRECTOR OF PUBLIC PROSECUTIONS OCTOBER 2001 TO AUGUST 2007

Paul Coghlan QC was appointed Victoria’s Director of Public Prosecutions in October 2001. During his time as DPP, Mr Coghlan made a practice of reviewing every Supreme Court and County Court sentence and personally prosecuting several high profi le cases in the High Court and the Court of Appeal. Appeals by the DPP against sentence steadily increased during Mr Coghlan’s term, culminating in a record number of appeals in 2006/07. Mr Coghlan also presided over signifi cant changes in Victoria’s public prosecutions service, including the creation of specialist prosecution units within the Offi ce of Public Prosecutions to deal with organised crime, police corruption and sex offences. He infl uenced and was directly engaged in legislative and administrative changes to court processes that have reduced delays within the justice system and resulted in the early resolution of a higher number of cases. Mr Coghlan also took a strong and compassionate interest in the rights of victims of crime and their families, from both a policy perspective (being actively engaged in sexual assault reforms) and a practical perspective (meeting routinely with victims to explain case outcomes and decisions that affected them). Over his six years as DPP, Mr Coghlan was highly supportive of the work undertaken by the OPP and committed to ensuring that the OPP is seen and respected as a fair and independent prosecutions service by the Victorian community. He was determined to build a work environment at the OPP where promotion is based on experience, talent and merit; where working conditions are conducive to a productive and rewarding professional environment; and where staff have opportunities to achieve a better work-life balance. Mr Coghlan has practiced law for 38 years. He was admitted to practice in 1969 and became a barrister in 1978. In 1990, he was appointed Associate Director of the Commonwealth DPP. He became a Senior Crown Prosecutor in 1994 and Victoria’s Chief Crown Prosecutor in 1995. Alongside his responsibilities as DPP, Mr Coghlan has maintained a close involvement in training young advocates. In particular, he has been a leading participant in the Victorian Bar’s Advocacy Training Courses in the South Pacifi c, instructing in advocacy skills workshops in Papua New Guinea, Vanuatu and Fiji. Mr Coghlan’s ‘open door’ policy, his interest in assisting junior members of the legal profession and his willingness to share his extensive knowledge of the criminal law have been valued and much appreciated by the staff of the OPP. In August 2007, Mr Coghlan was appointed to the Supreme Court of Victoria. His leadership, commitment, experience and knowledge will be sorely missed by all who work within the OPP

PAGE 8 About the OPP We serve the Victorian community and are responsive to their needs and expectations. We support the rights of victims of crime.

OPP – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 9 About the OPP

What we do

THE OFFICE OF PUBLIC County Court and the Supreme Court. They The Director of Public Prosecutions, PROSECUTIONS (OPP) also represent the Crown in the High Court and the Solicitor for Public Prosecutions The Offi ce of Public Prosecutions works for the the Court of Appeal. In addition, they provide and the Offi ce of Public Prosecutions DPP. Essentially, the OPP is a solicitor’s offi ce advice on prosecuting cases to the Director of work closely together to prosecute with the DPP as its sole client. The OPP prepares Public Prosecutions and the Solicitor for Public people charged with serious crimes cases for the DPP involving people charged with Prosecutions, and make decisions about whether in Victoria. serious crimes and then presents these cases in an accused person should be indicted for trial. court using ‘in-house’ Crown Prosecutors or by Crown Prosecutors act on behalf of the briefi ng barristers from the Victorian Bar. Director of Public Prosecutions and are The head of the OPP is the Solicitor for answerable to the DPP for the performance of THE DIRECTOR OF PUBLIC Public Prosecutions (who is also appointed their duties. PROSECUTIONS by the Governor in Council). The OPP is an MATTERS PROSECUTED BY THE The Director of Public Prosecutions conducts independent statutory authority comprising the DPP AND THE OPP Solicitor for Public Prosecutions and a staff of proceedings on behalf of the State of Victoria Matters prosecuted by the DPP and the OPP solicitors, legal executives and legal support and (also known as the Crown) in the County involve serious crimes or matters that are of administrative staff. The OPP administers the Court, Supreme Court and High Court in signifi cance to the fair and effective operation of budget for both the OPP and DPP. relation to serious crimes committed in Victoria. the Victorian criminal justice system. In particular, The DPP also conducts committal proceedings In delivering its prosecution service, the OPP the DPP prosecutes: in the Magistrates’ Court and assists the works collaboratively with other organisations • All homicides Coroner in inquests. In addition, the DPP has that form part of the criminal justice system, the power to appeal against sentences in certain including Victoria Police, Victoria Legal Aid, the • Corruption cases involving police or lawyers circumstances. courts, victim assistance groups, Corrections • Major sex offence cases In deciding whether or not to prosecute, the Victoria and solicitors and barristers. • Major occupational health and safety matters DPP follows nationally agreed guidelines. In As well as preparing and prosecuting cases, the involving death or serious injury performing his functions, the DPP must also OPP provides advice to the police and other have regard to considerations of justice and agencies on prosecuting cases, negotiates the • Court of Appeal cases. fairness and the need to conduct prosecutions early resolution of cases, keeps all cases under The OPP supports the prosecution of in an effective, economic and effi cient manner. continuous review and provides support to serious offences by a range of other agencies, The DPP must also ensure that appropriate victims and prosecution witnesses. consideration is given to the concerns of the including WorkCover, VicRoads, Consumer victims of crime. CROWN PROSECUTORS Affairs Victoria, the Environment Protection Victoria’s Crown Prosecutors are barristers Authority and various state government The DPP is an independent statutory offi cer who work alongside the Offi ce of Public departments. appointed by the Governor in Council and must Prosecutions. Crown Prosecutors are statutory be a person of no less than eight years standing appointees who represent the State of Victoria as a Barrister and Solicitor of the Supreme in criminal cases. They present the case against Court of Victoria. an accused person in the Magistrates’ Court,

THE OPP’S MISSION IS: • To conduct a high quality, effective and effi cient prosecution service as an integral part of Victoria’s criminal justice system • To ensure that our service meets community expectations of fairness, impartiality and independence in applying the law • To inspire public trust and confi dence in Victoria’s public prosecution service and in the criminal justice system

PAGE 10 About the OPP

PROFILE

SALEEM BITTAR AND KERRYN PARNHAM SOLICITORS, GENERAL PROSECUTIONS

Kerryn Parnham and Saleem Bittar completed the OPP’s Articled Clerkship program in 2007 and are now working in the General Prosecutions section of the offi ce. Kerryn and Saleem speak highly of the OPP’s Articled Clerkship program, agreeing that they would recommend it to any young lawyer with an interest in criminal law. “It’s really a fantastic program,” says Kerryn. “I was exposed to a lot of different experiences within the OPP and I also did a placement with the Victorian Government Solicitor’s offi ce.” Saleem agrees. “It’s an exciting program,” he says. “We had the opportunity to learn about new areas of the law and were given a lot of responsibility. We also had a lot of assistance, support and direction.” Kerryn’s admission to practice comes after several years of hard work, juggling her job as a paralegal at the OPP with part-time study and the arrival of her fi rst child. “There have been great benefi ts for me in working here,” she says. “A previous Solicitor for Public Prosecutions encouraged me to study law and the OPP offered me Articles when I graduated. I had paid maternity leave for my fi rst child and I’m about to go on leave to have another baby. It would be hard to fi nd that level of encouragement, fl exibility and support in many other workplaces.” Having completed his Articles, Saleem is enjoying working on a range of prosecutions, including armed robbery, assaults, and fi rearm and drug offences. “I like that no two cases are ever the same,” he says. “I like the fact that I have to analyse the evidence and that I have responsibility for my own cases, which is a lot more responsibility than many other fi rst year lawyers are given. It’s also very satisfying in that I feel as if I am doing valuable work.” Kerryn is also enjoying running her own cases in General Prosecutions. “I love the nature of the work,” she says. “The cases are always interesting and the people I work with are great.” Kerryn intends to return to the OPP next year when her second child is around one year old. “A work-life balance can be “I like that no two cases are ever the same. I like achieved here,” she says, ”and that’s very important for me.” the fact that I have to analyse the evidence and that I have responsibility for my own cases.” Saleem Bittar Solicitor, General Prosecutions

Saleem Bittar – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 11 About the OPP

SUMMARY OF THE PROSECUTION AND COURT PROCESS

Investigation stage Crime Reported

Investigation by police Charges are not fi led

Police charge the alleged offender • Offender held in custody (remand) or released on Summary (less serious) offences prosecuted by police bail or summonsed to appear in court

Indictable (serious) offences forwarded to OPP for prosecution

Pre-trial stage Filing hearing and committal mention (Magistrates’ Court) • May include bail application

Contested committal Discharged Straight hand • Witness may be required to give evidence up brief (bypass committal hearing) DPP will review and Committed to stand trial Possible trial may take to trial

Plea not guilty Plea guilty End of case Reserved plea

Trial stage (County or Supreme Court) Pre-trial hearing • Case management conference • Directions hearings • Possible bail applications

Trial • Witnesses are required to give evidence

Guilty Not guilty Hung jury Possible retrial

End of case

Plea stage Plea hearing (County or Supreme Court) • Victim Impact Statement • Plea guilty • Compensation Sentence stage (County or Supreme Court) Sentencing hearing End of case • Post sentence consider Victims Register

Appeal stage (Court of Appeal or High Court) Appeals against conviction and/or sentence • Possible bail application Conviction appeal Conviction appeal dismissed allowed

Sentence appeal Sentence appeal End of case Possible retrial dismissed allowed and offender is resentenced

PAGE 12 About the OPP

THE OPP THEN AND NOW: A SNAPSHOT OF CHANGE

In 1983, Victoria became the fi rst jurisdiction in Australia to establish a Director of Public Prosecutions, following the enactment of the Director of Public Prosecutions Act 1982 by the Cain Government. Victoria’s fi rst DPP, John Harber Phillips QC (later Chief Justice of Victoria), took up his appointment in February 1983. He was followed over the next 24 years by John Coldrey QC, Bernard Bongiorno QC, Geoff Flatman QC and Paul Coghlan QC. Prior to the creation of the position of DPP, prosecutions for indictable offences in Victoria were handled by the Crown Solicitor’s Offi ce. Generally, prosecution services were part of the framework of government and were seen by many to be undertaking the work of government. Prosecutorial discretion was based primarily on whether there was suffi cient evidence to justify the trial or to raise a strong or probable presumption of guilt, with no consideration given to the concept of public interest or to the resource implications of prosecution decisions. Victoria’s fi rst DPP inherited a staff of fi ve legal offi cers from the It is widely accepted that the move to Crown Solicitor’s Offi ce, rapidly expanding to 45 legal offi cers establish an independent prosecuting by late 1983. The early structure of the DPP’s offi ce included service was one of the most signifi cant sections dealing with County Court and Supreme Court appeals, improvements made to Victoria’s – and a Commercial Crime Group and a Circuit section. The budget for Australia’s – criminal justice system. the offi ce’s fi rst year of operation was a little over $5.5 million – compared with today’s annual budget of around $38 million. By its second year of operation, the offi ce was handling around 6,000 cases prepared and hearings attended – compared with more than 69,000 in 2006/07. While it is diffi cult to accurately compare current workloads with those of more than two decades ago, it is clear that the OPP’s caseload has expanded dramatically since its early years of operation. Major changes were made to the statutory basis of the DPP in 1994, including the creation of a Solicitor for Public Prosecutions to head up a re-named Offi ce of Public Prosecutions, the sharing of decision-making by the DPP with a Director’s Committee and the forming of a Committee for Public Prosecutions. The ability to bring contempt of court proceedings was limited to the Attorney-General. In 1999, the current Victorian Government transferred provisions relating to the appointment and conditions of service of the DPP to the Constitution Act 1975 where they may only be repealed or amended by a bill passed by a majority of members in both houses of Parliament. The Government also reinstated the power of the DPP to bring contempt proceedings. While there have been signifi cant changes to the powers and operations of the DPP since 1983, it is widely accepted that the move to establish an independent prosecuting service was one of the most signifi cant improvements made to Victoria’s – and Australia’s – criminal justice system. In 1984, then Attorney General, Jim Kennan MLC, observed that “just as the impartiality and independence of the judiciary is the cornerstone of a free community, impartiality and independence of important prosecutorial decisions are also essential to a sound system of justice”. This principle remains important and relevant in maintaining the Victorian community’s trust in the fairness and integrity of a prosecution system that is free from political infl uence.

OPP ANNUAL REPORT 2006/07 PAGE 13 About the OPP

VICTORIA’S CROWN PROSECUTORS

Victoria’s Crown Prosecutors are among the busiest in Australia and enjoy a national reputation for excellence and professionalism. Indeed, they are occasionally retained by DPPs in other States to appear in interstate prosecutions. The Chief Crown Prosecutor is Jeremy Rapke QC. In 2006/07 the Prosecutors’ Chambers reached an historic high of 20 prosecutors, refl ecting growing demand for the services of prosecutors, a higher number of cases and increasingly complex cases. During the year, the Crown Prosecutors undertook a signifi cant reorganisation of their operations – moving away from a structure where prosecutors are expected to have an understanding of all facets of the criminal law towards a more specialised approach, where prosecutors take on cases based on their expertise and experience in particular areas of the law. These changes are refl ected in the creation of a Major Appeals Unit (to improve the continuity and effi ciency of services to the High Court and the Court of Appeal) and the appointment of a Senior Crown Prosecutor as head of the OPP’s new Specialist Sex Offences Unit (to improve the prosecution of sex offences). In 2006/07, Victoria’s Crown Prosecutors concluded a number of major organised crime and police corruption trials – matters that were diffi cult, lengthy and highly resource-intensive. Two Crown Prosecutors received Citizen Commendations from the Chief Commissioner of Police for exemplary service to the community for their work with the Purana Task Force investigating Melbourne’s gangland war. Similar awards have been received in the past by Crown Prosecutors after notable efforts in prosecuting major criminal cases. Crown Prosecutors have continued to increase the use of technology in trials. The increasing use of courtroom technologies raises new challenges and dilemmas for prosecutors, and Victoria’s leadership in this area is helping to meet these challenges and promote the advantages of technology to improve the information available to the courts and make more effective presentations to juries. Prosecutors also remain highly committed to professional development and Continuing Legal Education, voluntarily complying with the CLE requirements of the Victorian Bar. Throughout the year, prosecutors attended CLE lectures and gave lectures on a wide range of matters to the OPP and a number of external agencies. Looking ahead, a major challenge for Victoria’s Crown Prosecutors continues to be working with the Victorian Government and the courts to reduce delays in the justice system, including becoming more proactive in resolving cases speedily and appropriately, improving work practices within Chambers and streamlining the management of cases. Other challenges will emerge as prosecutors deal with the impacts of the Victims’ Charter and the Charter for Human Rights and Responsibilities. In 2008, Melbourne will host the annual conference of the Australian Association of Crown Prosecutors, giving Victoria’s Crown Prosecutors the opportunity to showcase their achievements and to explore issues and share experiences with prosecutors from around Australia and the Pacifi c Rim.

“These are very demanding times to be a Crown Prosecutor. But there’s no doubt that our prosecutors are the best in the nation and will continue to deliver a very high standard of service to the courts and to the State of Victoria.” Jeremy Rapke QC Chief Crown Prosecutor

PAGE 14 About the OPP

CROWN PROSECUTORS PERFORMANCE 1995- 1996- 1997- 1998- 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 96 97 98 99 2000 01 02 03 04 05 06 07 Presentments 840 977 989 907 898 659 1238 1803 2643 2634 2371 2472 Advice re: plea offer 74 79 51 36 20 32 68 170 134 418 636 718 General advice 330 347 379 286 278 215 1238 2461 3451 3137 3648 3390 Total Advice 404 426 430 322 298 247 1306 2631 3585 3555 4284 4108

NUMBER OF PRESENTMENTS COMPLETED PLEA OFFER ADVICE

2700 800 2500 700 2300 2100 600

1900 500 1700

NUMBER NUMBER 400 1500 1300 300 1100 200 900 100 700 500 0 6 -9 -98 2000 1995-96 1996-97 1997-98 1998-99 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 1995 1996-97 1997 1998-99 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 1999-2000 1999- YEAR YEAR

GENERAL ADVICE TOTAL ADVICE

4000 4500

3500 4000

3000 3500 3000 2500 2500 NUMBER 2000 NUMBER 2000 1500 1500 1000 1000

500 500

0 0

-01 -01 2000 2000 1995-96 1998-99 1996-97 1997-98 999- 2000 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 1995-96 1996-97 1997-98 1998-99 2000 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 1 1999- YEAR YEAR

OPP ANNUAL REPORT 2006/07 PAGE 15 About the OPP

Who we are

OUR PEOPLE PAUL COGHLAN QC At 30 June 2007, around 220 people were DIRECTOR OF PUBLIC PROSECUTIONS employed by the OPP. In addition, 20 Crown Prosecutors were employed as in-house counsel, Paul Coghlan QC was appointed Victoria’s Director for Public Prosecutions in 2001. Prior to comprising six Senior Prosecutors and 14 becoming DPP, Mr Coghlan served as Victoria’s Chief Crown Prosecutor for seven years. Mr Crown Prosecutors. Five recent law graduates Coghlan joined the Victorian Bar in 1978 and was appointed a Queen’s Counsel in 1995. were doing Articles with the OPP as part of the Articled Clerkship Program. The OPP’s staff work across 20 sections and ANGELA CANNON units. The majority of these sections relate to SOLICITOR FOR PUBLIC PROSECUTIONS the OPP’s legal functions and include specialist Angela Cannon was appointed Solicitor for Public Prosecutions in 2006. Prior to joining the OPP, prosecutions services in the areas of organised Ms Cannon worked in the Department of Justice, initially as Senior Criminal Law Offi cer and later crime, corruption, drugs and sex offences. The as Director Legal Policy and Court Services. Ms Cannon has a Bachelor of Laws and a Bachelor of remaining sections provide legal support (such Arts. She also has a Masters of Laws and is completing her Masters of Public Administration. as registry and listings services and audio visual and library services) and corporate services (such as human resources, fi nancial and facilities management, IT support and staff development and training). JEREMY RAPKE QC CHIEF CROWN PROSECUTOR Jeremy Rapke QC was appointed Victoria’s Chief Crown Prosecutor in 2005, having been a Senior Crown Prosecutor since 1995. Mr Rapke has practised law for more than 30 years and was appointed a Queen’s Counsel in 1999. He is a member of the Sentencing Advisory Council and is currently a Vice-President of the Australian Association of Crown Prosecutors.

STEPHEN BIRD DEPUTY SOLICITOR FOR PUBLIC PROSECUTIONS (Acting) Stephen Bird joined the OPP in 1996 from private practice and has worked in the General Prosecutions and Committals Advocacy sections. He has been a Program Manager in General Prosecutions since 2004. Mr Bird has a Bachelor of Laws (Hons) and a Bachelor of Commerce.

HEIDI MEEHAN EXECUTIVE MANAGER (Acting) Heidi Meehan joined the OPP in 2006 from the Department of Premier and Cabinet where she was responsible for business planning, reporting and corporate governance. She has worked in State and Commonwealth Government agencies and has signifi cant experience in business development, fi nance and corporate services. Heidi has a Bachelor in Applied Science, a Post Graduate Diploma in Occupational Health and Safety, a Masters in Business Administration and is completing an Executive Masters in Public Administration.

PAGE 16 About the OPP

OPP ORGANISATIONAL CHART

Solicitor for Public Prosecutions Angela Cannon

Deputy Special Staff Executive Solicitor Projects Development Manager

Policy Advising & Sexual Offences Articled Clerks Confiscations Human Resources Court of Appeal & Administration

Committals County Court Library Registry Appeals

Commercial General Audio Visual Finance Crime Prosecutions

Corruption Bail & Breaches Information Listings & Technology Briefings

Organised Crime Drugs Witness Assistance Service

Circuit

OPP ANNUAL REPORT 2006/07 PAGE 17 About the OPP

THE OPP’S LEGAL SECTIONS

GENERAL PROSECUTIONS of a crime or purchased with the proceeds of crime. The General Prosecutions is the largest section within the OPP, section also provides advice on confi scation matters to other employing around 50 solicitors. The section is responsible for sections within the OPP, Crown Prosecutors, Victoria Police the prosecution of indictable criminal matters in the County and victims of crime. and Supreme Courts. The section also prepares matters for COMMITTALS ADVOCACY prosecution at the committal stage and provides advice on The Committals Advocacy section was established to prosecutions to Victoria Police and other external agencies. facilitate the early resolution of matters before they get to ORGANISED CRIME the County or Supreme Courts. The section prosecutes The Organised Crime unit was established in 2003 to all indictable matters in the Magistrates’ Court, including prosecute cases arising from Victoria Police’s Purana Task committal mentions and committal hearings. Force investigations into organised crime, or ‘gangland’, CIRCUIT activities. The Circuit section prosecutes all indictable matters in the CORRUPTION AND SPECIALIST PROSECUTIONS Supreme Court and the County Court in major regional Established in 2004, the Corruptions and Specialist centres when these courts go ‘on circuit’ to regional Victoria. Prosecutions unit prosecutes matters relating to police Circuit solicitors also appear in various hearings in the offi cers accused of corruption. The unit supported the Ceja Magistrates’ Court. Task Force, which investigated criminal activities by some BAIL AND BREACHES members of the Victoria Police Drug Squad, and provides The Bail and Breaches section responds on behalf of the advice and support to the Offi ce of Police Integrity and DPP to applications for bail in the Supreme Court and the Victoria Police’s Ethical Standards Department. Court of Appeal. The section also brings breaches of non- DRUGS custodial orders – such as suspended sentences, community The Drugs section focuses on drug traffi cking cases and based orders and home detention – back before the conducts prosecutions of all major drug trials in Melbourne, Supreme and County Courts. including committal hearings in the Magistrates’ Court. The COUNTY COURT APPEALS section also provides specialist advice to other sections of the The County Court Appeals section conducts and responds OPP and Victoria Police. to appeals from sentencing and conviction orders in the COMMERCIAL CRIME Magistrates’ Court. The section also prosecutes appeals on The Commercial Crime group prosecutes the more behalf of external agencies, including Corrections Victoria, signifi cant and complex commercial crimes within the OPP, the Department of Sustainability and Environment, the working closely with the Victoria Police Major Fraud Squad. Department of Infrastructure and WorkSafe Victoria. The group also prosecutes solicitors who have committed POLICY, ADVISINGS AND COURT OF APPEAL offences relating to their conduct as members of the legal The PACA unit is responsible for preparing and instructing profession. in appeals against conviction and sentence by convicted SPECIALIST SEX OFFENCES UNIT persons, appeals against sentence by the DPP to the Court The Specialist Sex Offences Unit was set up in 2007 to of Appeal and appeals to the High Court. The unit also enable the OPP to prosecute sex offences matters in a conducts research into – and provides advice on – matters more consistent, expert and sensitive manner. The unit is affecting the policy, practices and work of the DPP and the responsible for preparing and prosecuting all sex offence OPP, as well as responding to and participating in law reform matters in Melbourne. activities. CONFISCATIONS WITNESS ASSISTANCE SERVICE The Confi scations section conducts prosecutions pursuant The Witness Assistance Service (WAS) provides to the Confi scation Act 1997, which provides a scheme for information and support to victims and witnesses of crime confi scating assets that have been used in the commission in cases handled by the OPP.

PAGE 18 About the OPP

PROFILE

JOHN MCARDLE QC SENIOR CROWN PROSECUTOR

John McArdle QC is one of Victoria’s and Australia’s most experienced Crown Prosecutors, joining Prosecutors’ Chambers in 1994 after more than 20 years at the Victorian Bar. John became a Senior Crown Prosecutor in 1995 and was appointed a Queen’s Counsel in 1998. John leads a specialist team of Crown Prosecutors with responsibility for conducting major appeals to the Court of Appeal. “The nature of these appeals is that we have to fi le outlines of arguments well before the actual appeal date,” says John. ”What we’re aiming to achieve with this specialised approach is to improve the prospect of the person who prepares the appeal being the one who ends up conducting the appeal in court. That continuity makes for a better, more effi cient prosecutions service.” John notes that conducting these appeals is “highly technical and immensely labour intensive”, requiring a great deal of paperwork and documentation. “I am most defi nitely not a monument to the ‘paperless offi ce’,” he laughs, pointing to the stacks of folders, documents and transcripts prepared for just a few of his cases. Over the years, John has seen some signifi cant changes in the criminal justice system. “There’s now much more legislative intervention in criminal law, which can create complications that are often not foreseen by legislators,” he says. “There are also more people litigating appeals – and the more litigation there is in an area, the more complex that area becomes.” John also observes that there is now much greater emphasis on victims, something he considers to be a very positive development. “I always make a point of explaining to the victim how the appellate system works,” he says, “because I often think that if I came into the Court of Appeal as a stranger I would have some diffi culty in working out what was going on. “It’s often diffi cult for victims to understand that an appeal is not a John McArdle – making a difference. reconsideration of the matter, that it’s all done on the papers and that there are no witnesses. I try to reassure them that the case is still getting a full and proper hearing and that the judge is still obliged to consider the impact of the crime on the victim, even if it’s not “I always make a point of explaining to the mentioned in argument before the court.” victim how the appellate system works.” John McArdle QC Senior Crown Prosecutor

OPP ANNUAL REPORT 2006/07 PAGE 19 About the OPP

PROFILE

MARIA FOROUDI SOLICITOR COUNTY COURT APPEALS

Moving from representing defendants to prosecuting cases means new experiences and challenges for Maria Foroudi, who joined the OPP in 2007 after working as a Duty Solicitor for Victoria Legal Aid. “I’m fi nding it very interesting to sit on the other side of the table,” says Maria. “It’s a very different role with a very different set of challenges.” Maria’s work involves preparing cases for appeal from the Magistrates’ Court to the County Court. “Basically, my job is to make sure the barrister prosecuting the case has everything he or she needs,” says Maria. “That means organising all the documentation, instructing barristers and attending court. It’s a very good grounding in how prosecutions are conducted.” Maria points out that the variety of work within the offi ce provides an opportunity to learn about different areas of law and different aspects of the legal system. “We deal with lots of different types of cases and different types of law, and we also delve into the policy aspects of cases, into evidentiary requirements and into case law,” she says. She describes the offi ce as a supportive environment that “inspires confi dence in asking questions and seeking advice”. Maria will complete her Masters in Human Rights Law this year and sees her move to the OPP as an important step in broadening her legal experience. “It’s a new challenge and there’s a lot to learn,” she says, “but I think that it will open doors for me further along in my career. Basically, I’m very happy I decided to come here. So far, my experience has been a very positive one.”

Maria Foroudi – making a difference.

It’s a very good grounding in how prosecutions are conducted.” Maria Foroudi Solicitor County Court Appeals

PAGE 20 About The OPP

Our Performance

In 2006/07, the OPP managed a growing workload while securing a high rate of guilty pleas and convictions.

OPP – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 21 Our Performance

Our performance in 2006/07

80,000 BRIEFS PREPARED AND HEARINGS ATTENDED 70,000 In 2006/07, the number of briefs prepared and hearings attended reached 69,183 – an increase 60,000 of 41 per cent over the last eight years and 2.3 per cent over the last 12 months. 50,000

40,000 BRIEFS

30,000

20,000

10,000

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 YEAR

90 FINDINGS OF GUILT, ACQUITTALS AND OTHER 80 AS A PERCENTAGE OF CASE DISPOSALS 70

Findings of guilt (guilty pleas and convictions) as a 60 percentage of case disposals are the highest in eight years – increasing by nearly 7 per cent in the last 12 50 months, from 82.3 per cent to 88.1 per cent. 40

The number of acquittals as a percentage of NUMBER 30 case disposals decreased from 12.2 per cent in 2005/06 to 11 per cent in 2006/07, a decrease 20 of 9 per cent. 10

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 YEAR

FINDINGS OF GUILT AS A PERCENTAGE OF DISPOSALS ACQUITTAL AS A PERCENTAGE OF DISPOSALS OTHER AS A PERCENTAGE OF DISPOSALS

PAGE 22 Our Performance

68 GUILTY PLEAS PRE-TRIAL AS A PERCENTAGE OF CASE 66 DISPOSALS

64 The number of guilty pleas pre-trial as a percentage of case disposals rose from 55.9 per

62 cent to 64.1 per cent in 2006/07, an increase of nearly 15 per cent. This increase is largely due

PERCENTAGE 60 to the increase in guilty pleas pre-trial occurring in the County Court (Melbourne) and suggests

58 that the stronger focus on resolving cases before trial is having an impact.

56

54

52

50 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 YEAR

5000 JUDGE SITTING DAYS IN THE SUPREME AND COUNTY COURTS

4000 (MELBOURNE) While not a direct indicator of performance, judge sitting days provide a good indication for 3000 workloads within the OPP. In the Supreme and County Courts in Melbourne, judge sitting days are now the highest in eight years.

NUMBER 2000

1000

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR SUPREME COURT, COUNTY COURTS

OPP ANNUAL REPORT 2006/07 PAGE 23 Our Performance

Delivering a high quality and effective prosecution service

‘gangland war’, including Carl Williams who (2003), operating from factory premises in The Offi ce of Public Prosecutions pleaded guilty to three murders and one Campbellfi eld. At least 12 kilograms of ecstasy recognises that a high quality, effective count of conspiracy to murder. The unit also had been produced at the laboratory with a prosecution service is essential managed the particular challenges involved potential street value of between $3 million to to bringing offenders to justice, in dealing with a number of co-accused $4 million. who pleaded guilty and/or undertook to reducing crime and building public COMMERCIAL CRIME confi dence in the justice system. In give evidence on behalf of the prosecution. Over the last 12 months, the Commercial 2006/07, we successfully concluded The unit continued to work closely with Crime group dealt with more than 100 major organised crime and corruption the Purana Task Force’s investigation into accused persons. Signifi cant cases included the cases, led a record number of appeals organised crime networks. prosecution of: against sentence and secured one of CORRUPTION AND SPECIALIST the highest rates of guilty pleas and PROSECUTIONS • individuals identifi ed by Victoria Police’s convictions in recent years. We also Operation Harmonics as being involved In 2006/07, the Corruption and Specialist completed a major organisational in a series of major frauds against Victoria Prosecutions unit received 78 new matters review of the OPP. University; from Victoria Police’s Ethical Standards Department for prosecution. The unit also • several large credit card conspiracies, received 63 new matters from ESD involving including one worth in excess of $1 million; requests for advice about whether there was The OPP continues to deliver a high quality • the former managing director of a car suffi cient evidence for prosecution. prosecution service across Victoria. In 2006/07, stereo company for money laundering to our prosecutions again covered a wide During the year, the unit successfully concluded the value of $1.5 million; range of matters and areas of law. Alongside the prosecutions of former Victoria Police Drug • a bank manager for obtaining $7 million by high profi le organised crime and corruption Squad members investigated by the Ceja Task false loans; and cases, we prosecuted serious crimes such Force. The unit also commenced prosecution as homicide, sexual and other assaults, drug of a number of charges brought by the Offi ce • a $15 million fraud by a leading fi nancial offences, deaths and injuries in the workplace, of Police Integrity – including charges arising adviser. environmental vandalism, serious driving from Operation Air, an investigation into the The group also prosecuted 10 solicitors offences and armed robberies. suspected criminal activities of some members on charges of having defi ciencies in their of the now-disbanded Victoria Police Armed ORGANISATIONAL REVIEW trust accounts and/or obtaining property or Offenders Squad. In 2006/07, the OPP completed a major fi nancial advantage by deception. organisational review: A Blueprint for Effective, DRUGS GENERAL PROSECUTIONS Effi cient and Economical Prosecutions. The The OPP’s Drugs section opened 255 new The General Prosecutions section continues review recommended signifi cant reforms to cases in 2006/07. The section prosecuted to prosecute the vast majority of cases the OPP’s legal practice to ensure that we a number of serious drug traffi cking cases, handled by the OPP. In 2006/07, major have the capability to meet future challenges including those involving drug syndicates, the matters prosecuted by the section included and deliver a 21st century prosecution service. illicit manufacture of drugs in clandestine murder, manslaughter, culpable driving, serious We have commenced implementation of the laboratories and the cultivation and traffi cking assaults and armed robberies. review’s recommendations, with the aim of in commercial quantities of cannabis. signifi cantly improving the OPP’s performance The section continued to prosecute matters During the year, the section successfully as a modern legal practice. involving workplace deaths and injuries on concluded the prosecution of several behalf of WorkSafe Victoria. During 2006/07, ORGANISED CRIME offenders arising from Victoria Police’s the OPP successfully prosecuted breaches of In 2006/07, the OPP’s Organised Crime unit Operation Mustang, which involved the the Occupational Health and Safety Act 2004 successfully concluded the prosecution of a seizure by police of the largest clandestine that resulted in either the death or serious number of key fi gures involved in Melbourne’s ecstasy laboratory in Australia at the time

PAGE 24 Our Performance

CASE STUDY

GANGLAND LEADER JAILED FOR 35 YEARS injury of employees or other persons at a During 2006/07, one of Melbourne’s most notorious gangland leaders was brought to justice workplace. The section also reviewed matters thanks to the efforts of the OPP, working closely with Victoria Police’s Purana Task Force. referred to the DPP where WorkSafe Victoria Carl Williams, a well known member of Melbourne’s underworld and a convicted murderer decided not to bring a prosecution. and drug traffi cker was charged with murdering Jason Moran, Mark Mallia and Lewis Moran, The section assisted the Coroner in a number of all members of rival underworld gangs. He was also charged with conspiracy to murder Mario inquests and assessed reports from the Coroner Condello. The murders occurred at a time of an “almost unprecedented level of very public to the DPP in matters where the Coroner murders of known or suspected criminals”, according to the Supreme Court judge who believed that an indictable offence had been sentenced Williams. Often described in the media as ‘Melbourne’s gangland war’, the violence committed in connection with a death. between members of organised crime gangs within the city had been escalating for some years. General Prosecutions solicitors also provided A number of Williams’ co-ffenders had made statements implicating him in the killings and he advice on prosecuting to Victoria Police and pleaded guilty to the four charges in an attempt to gain a discounted sentence. Passing sentence other external agencies. on Williams in May 2007 in the Supreme Court, Justice King described him as “the counsellor and procurer...the puppet master deciding and controlling whether people lived or died”. The section continued its important role in training junior solicitors – a role that not only benefi ts the Justice King acknowledged the cost savings to the community in Williams entering guilty pleas OPP, but also the broader justice system and the and sentenced him to life imprisonment for each of the offences, to be served concurrently, practice of criminal law in Victoria. with a minimum of 35 years in jail before becoming eligible for parole. Justice King noted the effect of the murders on the community, stating that the killings “have clearly engendered a BAIL AND BREACHES level of fear within our community as to the potential harm of innocent persons and, equally, a In 2006/07, the OPP’s Bail and Breaches concern relating to the degree of lawlessness into which Victoria...has been plunged”. section continued to handle a high volume of cases. An important development during the year was the upgrading of the section’s support position to a qualifi ed solicitor, enabling the section to reduce briefi ng costs and develop greater consistency in handling breaches of non-custodial orders. COMMITTALS ADVOCACY The Committals Advocacy section dealt with several new challenges during 2006/07, playing a leading role in developing procedures and practices to reduce delays in committal hearings in the Magistrates’ Court and in COUNTY COURT APPEALS COMPLETED implementing the new Sexual Offences The number of County Court appeals is the highest in eight years. While the number of appeals Management List in the Magistrates’ Court. completed in the Circuit Courts has remained relatively stable over the last eight years, appeals The section also adopted a strong focus on completed in Melbourne have increased by 24 per cent since 1999/2000 and 17 per cent in the the early resolution of cases. last 12 months.

COUNTY COURT APPEALS 2500 In 2006/07, the number of appeals to the

County Court was the highest in more than 2000 eight years, with the majority of appeals being NUMBER instituted by defendants. A major challenge 1500 for the OPP’s County Court Appeals section during the year was managing the higher workloads generated by this increase. 1000 The section also prosecuted several appeals 5,000 to the County Court by the DPP against sentences imposed in the Magistrates’ Court. 0 The section continued its important training role 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 within the OPP as the fi rst placement for Articled YEAR Clerks and new solicitors joining the offi ce.

OPP ANNUAL REPORT 2006/07 PAGE 25 Our Performance

CASE STUDY

DIVING COMPANY FINED $200,000 AFTER DEATH OF CUSTOMER In 2004, 32 year old Mr R drowned during a scuba diving expedition with a Melbourne diving company in Port Phillip Bay. After entering the water from the company’s boat, Mr R got into diffi culties and sank. His body was later recovered from around 12 metres of water. The company was charged under occupational health and safety legislation with failing to ensure the safety of people other than its own employees. After pleading not guilty in the Magistrates’ Court, the company was committed to stand trial in the County Court. The County Court heard that the company had failed to follow industry standards and its own safety procedures in dealing with Mr R. The court heard that Mr R was a very inexperienced diver and that the company’s staff had failed to check that he was competent to dive in the location. Mr R was also given equipment that was not in proper condition and he was wearing too many lead weights when he entered the water. The court was told that the company’s employees were not appropriately instructed and trained, particularly in dealing with inexperienced clients and those whose past experience was in waters where diving conditions are vastly different to those in Port Philip Bay. Evidence was also given that even when it became clear that Mr R was in trouble, none of the staff on the boat went to his aid. Prior to the trial, the company went into voluntary liquidation and was not represented in court. The company was found guilty and fi ned $200,000 – an unprecedented fi ne for this type of breach. In handing down sentence, the County Court judge described the company’s breach of duty to Mr R as “profound” and “absolutely appalling”. The judge also indicated that the case should send a strong warning to recreational diving companies that high safety standards must be maintained. While recognising that the penalty may never be paid due to the company’s liquidation, WorkSafe Victoria and the OPP believed that it was important to proceed with the prosecution on public interest grounds and on the basis that companies should not be allowed to go into administration as a way to avoid criminal liability.

“General prosecutions really is the core of CASE STUDY the OPP. They work at the ‘coalface’. Many of their cases mightn’t be the most high profi le ones, but they’re the ones who also really ASSAULT ON deliver benefi ts to the community – in terms ELDERLY WOMAN of preparing and conducting large numbers of cases involving serious crimes.” Mr N, aged 16 years, and two others robbed a 92 year old woman of her bag, pushing the victim to the ground and breaking her hip. As a result of the injury, the victim spent time in hospital Stephen Bird undergoing a hip replacement operation. Mr N pleaded guilty before the Heidelberg Children’s Deputy Solicitor for Public Prosecutions Court to one count of robbery. He was released without conviction on a bond of $1,000 to be of (Acting) good behaviour for one year. The Director of Public Prosecutions appealed against the inadequacy of the sentence passed by the Children’s Court. The County Court allowed the DPP’s appeal, convicted Mr N and fi ned him $500.

PAGE 26 Our Performance

THE CEJA TASK FORCE

Corruption prosecutions are amongst the hardest work undertaken by the OPP and the support provided by the offi ce to Victoria Police’s Ceja Task Force was an especially demanding and challenging undertaking. The Ceja Task Force was established by Victoria Police in 2002 to investigate allegations of corruption within the Drug Squad. The allegations centred around the operations of the Drug Squad’s Chemical Diversion Desk, which had been set up in 1995 to liaise with chemical companies and allied industries to prevent, disrupt and identify suspects engaged in illicit drug manufacturing. The Desk was also responsible for the operation of ‘controlled drug deliveries’, where illicit drugs are intercepted by a law enforcement agency and permitted to continue their passage subject to monitoring and control. The Chemical Diversion Desk broadened this role to include purchasing drugs from chemical companies and then arranging for the drugs to be sold to illegal drug manufacturers. The rationale for this approach was to ensure that investigations led to the ‘big fi sh’ involved in illegal drug manufacture. As the Offi ce of Police Integrity (OPI) noted in its fi nal report on the Ceja TaskForce, the Desk went from monitoring and controlling chemical deliveries to “actually facilitating them”. The Desk also expanded its operations to include the delivery of ‘commercial quantities’ of pseudoephedrine to illegal drug manufacturers. In addition, the Desk’s recording of transactions and fi nancial accounts of chemical purchases and disposals was less than satisfactory and drug searches were not video taped, making it impossible to keep track of drugs that were confi scated from suspects. The Ceja Task Force investigating these practices found that 87 per cent of all chemicals, drugs or their derivatives that were sold through controlled deliveries were never recovered. This lax environment created opportunities for corrupt members of the Drug Squad to exploit the situation. The Ceja Task Force ultimately investigated 121 alleged incidents of corruption, including conspiracy to traffi c, traffi cking drugs of dependence, illicit drug use, money laundering, threats to kill, theft and misuse of public offi ce. Five serving or former members of the Drug Squad were charged and prosecuted and are presently serving terms of imprisonment. In September 2001, the Chief Commissioner of Police, Christine Nixon, stopped the practice of controlled chemical deliveries and in December 2001 the Drug Squad was disbanded. The Ceja investigation operated for nearly fi ve years, at times employing more than 40 offi cers. As well as securing convictions, the investigation also aimed to send a clear message that corrupt and criminal behaviour will not be tolerated by Victoria Police and that – as noted by the OPI – members engaging in this behaviour “can expect to be pursued with utmost determination”. In 2003, the OPP set up a Corruption and Special Prosecutions unit to handle alleged criminal activities amongst some members of Victoria Police and to prosecute matters emanating from the Ceja Task Force. For security concerns and the need to avoid confl icts of interest, the unit was quarantined from the rest of the OPP. A collaborative and productive relationship was established between the OPP and Ceja, allowing the OPP to respond quickly to the task force’s requirements and ensure that cases had the best chance of achieving convictions. The Corruption and Special Prosecutions unit prepared and conducted all prosecutions arising from the Ceja investigation – highly stressful and diffi cult work that often took place in an environment of intense public scrutiny. In his fi nal report on the Ceja Task Force, the Director of the Offi ce of Police Integrity strongly praised the work of the OPP Corruptions Unit and the Ceja Task Force, noting the cooperative and highly effective work they carried out over the course of the investigation.

OPP ANNUAL REPORT 2006/07 PAGE 27 Our Performance

PROFILE

ROBYN HARPER AND WILL MCNEIL SOLICITORS GENERAL PROSECUTIONS

Working for the OPP’s General Prosecutions section, Robyn Harper and Will McNeil prepare a wide range of cases for prosecution, including culpable driving, murder, robbery and fraud. They also work on inquests at the Coroner’s Court. “It’s interesting and varied work,” says Will. “We have to talk to – and rely on – a lot of different people to get our jobs done. We also have to look closely at the evidence and analyse it to see if further information is needed. I like pulling all that together to build a good case.” Robyn came to the OPP in 2006 after completing the Practical Training Course at Leo Cussen Institute in Melbourne. She worked in the Circuit Section before transferring to General Prosecutions in 2007. Robyn still occasionally does some work on circuit. “I really enjoy getting out into regional Victoria,” she says. Will has been at the OPP for three years, having completed his Articles with a private law fi rm. “I just always wanted to work here,” he says. Robyn and Will are now working on more complex cases. Robyn has worked on a double fatality culpable driving case involving a young man who was driving while fatigued and having taken amphetamines. She is also working on an increasing number of armed robbery and aggravated burglary cases. In the past year, Will has worked on a large car rebirthing case involving the theft of 150 vehicles that were rebirthed in NSW and then sold in Victoria. “It was a complex case,” says Will. “We had around 140 witnesses, some of whom were interstate or overseas, and there were also the technical aspects involved in identifying such a huge number of rebirthed cars.” Robyn and Will plan to stay at the OPP for the foreseeable future. “It’s a good place to work,” says Will. “It can be full-on, but you hear some amazing stories and get to run some really interesting cases.” Robyn considers herself to be “fortunate” to secure a position at the OPP after completing the Leo Cussen course. “I fi nd it very satisfying working here, especially the court time and the hands-on nature of Robyn Harper and Will McNeil – making a difference. the work,” she says. “I believe in what I am doing and I consider it to be important work.” “It’s a good place to work, It can be full-on, but you hear some amazing stories and get to run some really interesting cases.” Will McNeil Solicitor, General Prosecutions

PAGE 28 Our Performance

APPEALS BY THE DPP TO THE SUPREME • APPEALS UNDER THE MAGISTRATES’ • APPEALS UNDER S567A OF THE COURT, THE COURT OF APPEAL AND COURT ACT 1989 CRIMES ACT 1958 THE HIGH COURT Section 92 of the Magistrates’ Court Act 1989 Section 567A of the Crimes Act 1958 gives The Director of Public Prosecutions has the allows a party to criminal proceedings in the the DPP the power to appeal to the Court of power to appeal to the Supreme Court, the Magistrates’ Court to appeal to the Supreme Appeal against sentences imposed by trial judges. Court of Appeal and the High Court in a Court on a question of law. The DPP conducts In 2006/07, the DPP made a record number of number of specifi c circumstances. these appeals on behalf of police informants. appeals against sentence pursuant to s567A. Full • APPEALS TO THE HIGH COURT In 2006/07, the DPP was formally requested details of these appeals are set in Appendix 4. Section 35 of the Judiciary Act 1903 in nine cases to institute s92 appeals on behalf (Commonwealth) gives jurisdiction to the of police informants. Five of these appeals High Court to hear and determine appeals commenced during the year. Ten appeals were by the DPP. Appeals can only be brought by heard and completed in the Supreme Court ‘special leave’ of the Court itself. and one appeal was abandoned. At 30 June 2007, 11 s92 appeals were still pending. During 2006/07, the DPP fi led two applications for special leave to appeal to the The DPP also acted for respondent police High Court. One application was granted and informants in 12 appeals brought by defendants. one was refused. Two s92-related applications by defendants to The Director was respondent in 11 the Court of Appeal were completed. applications for special leave heard during No High Court applications or appeals relating to 2006/07, of which four were granted and six s92 matters were commenced or determined. refused. A further matter was dismissed due to the Applicant’s failure to fi le.

SECTION S567A APPEALS HEARD The DPP’s increasing number of appeals 40 against sentence pursuant to s567A of the Crimes Act 1958 is refl ected in the growing 35 number of these appeals being heard – up

from 13 in 1999/2000 30 to 40 in 2006/07.

25

20 NUMBER

15

10

5

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 YEAR

OPP ANNUAL REPORT 2006/07 PAGE 29 Our Performance

PROFILE RECORD NUMBER OF APPEALS AGAINST SENTENCE

Section 567A of the Crimes Act 1958 provides for an appeal to the Court of Appeal against a sentence passed by the County Court where the JENNY TREGENT DPP considers that a different sentence should SENIOR SOLICITOR have been passed and is satisfi ed that an appeal CIRCUIT (NORTHERN REGION) should be brought in the public interest. There are well-defi ned legal limits to the DPP’s power to appeal. As the power to appeal encroaches upon the principle that a person should not be Jenny Tregent started working for the OPP in 1992 and has been in the placed in double jeopardy (which states that no Circuit section since 1995. Before starting at the OPP, she worked for a one should be tried or punished twice for the small private practice doing mainly civil litigation. In the Circuit section, same offence), the DPP must exercise the right to she works in the Northern region, which includes Wangaratta, Wodonga, appeal according to well-established legal principles. Shepparton, Mildura and Bendigo. In general, the DPP will not launch an appeal unless “We work on a wide variety of matters in Circuit: culpable driving, an error of sentencing principle by the sentencing homicide, sexual offences and aggravated burglaries are just some of the judge can be demonstrated. An error in principle may kinds of cases we get,” says Jenny. include sentences that are manifestly inadequate or inconsistent in sentencing standards. Jenny’s roles include preparing and conducting matters in committal hearings, attending case conferences and contested committals, and In 2006/07, the Director for Public Prosecutions made preparing cases for trial in the Supreme and County Courts. As the section a record number of appeals against sentence to the focuses on trying to resolve matters at an early stage, Jenny’s work often Court of Appeal. The DPP made 41 appeals against involves extensive negotiation with defence counsel and informants. sentence to the Court of Appeal. Three of these appeals were abandoned. Of the 38 appeals heard by Jenny notes that working in the Circuit section “requires a certain sort the court, 21 were allowed and 17 were dismissed. of person. It’s not for everyone. It can be very stressful at times and the workload is high, but it is also very rewarding work – most people love A sample of these appeals is set out below. A working here”. She continues: “We’re also a very close team who work summary of all Crown appeals pursuant to s567A very well together. Everyone is very supportive and I think that we are well of the Crimes Act is set out in Appendix 3. respected for our work in the criminal justice system.” DPP V ARNEY Solicitors who work on circuit are required to have a good understanding An appeal to the Court of Appeal by the DPP of a variety of legislation and it also helps to have a fl exible attitude. “Things resulted in an increased sentence for Mr A who can change very fast on circuit,” says Jenny. “Cases can be picked up or killed his fi ve-month-old daughter by punching her dropped off the list or transferred to other regions with little notice, so it’s in the stomach. important to have a fl exible attitude to your day-to-day responsibilities. It also helps to be a bit of a lateral thinker because the work often involves Mr A’s daughter died from a perforated small solving problems quickly – but that’s part of what makes it so challenging.” bowel, but had suffered repeated assaults prior to her death that left her with a fractured skull, fractured ribs, damage to her liver and extensive bruising. Mr A told police that during the child’s life, there could have been up to 10 occasions on which he had hit her. He admitted that he had deliberately hit his daughter in the stomach to

Jenny Tregent – making a difference. prevent injuries from being detected. Mr A pleaded guilty to one count of manslaughter (maximum penalty: 20 years imprisonment) and “It also helps to be a bit of a lateral thinker because one count of recklessly causing serious injury the work often involves solving problems quickly – but (maximum penalty: 15 years imprisonment) and that’s part of what makes it so challenging.” was sentenced to nine years jail, with a minimum Jenny Tregent non-parole period of fi ve years. The DPP appealed Senior Solicitor against the sentence on the basis that the case was Circuit (Northern region) at the worst end of the spectrum of unintentional

PAGE 30 Our Performance

homicide by a parent of his or her child and that it DPP V JOHNSTONE The victim of these offences was a 52 year-old warranted a considerably longer sentence. Mr J was convicted in the County Court on two woman with a mild intellectual disability, Ms M, who was living alone in a rented room at a residential hotel. The Court of Appeal allowed the DPP’s appeal counts of culpable driving (maximum penalty: 20 She was returning to her room with some shopping and imposed a new sentence of 11 years jail, with years imprisonment) and one count of negligently when Mr D ambushed her, forced her into the room, a minimum of eight years. In the lead judgment, causing serious injury (maximum penalty: 5 years handcuffed her, forced paper into her mouth and Justice Nettle noted that the court “must take imprisonment). He was sentenced to four and a raped her twice. After he raped Ms M, Mr D began to particular care to guard against the possibility of half years imprisonment, with a non-parole period strangle her, demanding money. Ms M gave Mr D her setting a non-parole period so short that it may of two years and three months. The DPP appealed Commonwealth Bank card, which he eventually used undermine public confi dence in the sentencing against the sentence. to obtain $20 to buy cigarettes. process”. Justice Vincent stated that the original Mr J was the 22 year old driver in a single vehicle sentence should have refl ected “the importance collision that occurred when he failed to negotiate The DPP appealed against the sentence on the of vindicating the values of this community and the a sweeping left hand bend on a country highway ground that the individual sentences for each rights of a dead child”. and struck a utility pole on the opposite side of the offence, the total effective sentence and the non- parole period were each manifestly inadequate. DPP V GIFFEN road. Seven people were in the car at the time of the collision. Two passengers aged 13 and 14 years died Mr G had pleaded guilty in the County Court The Court of Appeal agreed that the total instantly. Another 15 year old passenger was seriously at Melbourne to one count of intentionally sentence was “so manifestly inadequate that it injured. Mr J had been distracted by the behaviour causing serious injury (maximum penalty: 20 years gives rise to the inference that an error in principle of the passengers in the car and by trying to read imprisonment) and was sentenced to 30 months occurred”. However, the Court noted that in and then delete a lengthy text message on a mobile imprisonment with a non-parole period of 16 months. considering whether to allow the appeal, it was phone passed to him by another passenger when he required to take into account Mr D’s exposure to a Mr G had assaulted Mr H outside a hotel without lost control of the vehicle. form of double jeopardy, effectively sentencing him any warning or provocation, punching him several Delivering her judgment, Chief Justice Warren of twice for the same crime – once by the sentencing times to the head and ramming his head a number the Court of Appeal noted that “a case involving judge and a second time by the appellate court. of times against the protruding edge of a metal- negligent driving and the use of a mobile telephone Taking this principle into consideration, the Court framed grill on a wall. Mr H then fell backwards, culminating in death does not appear to have dismissed the DPP’s appeal against sentence. striking his head heavily on the concrete pavement. come before the Victorian Court of Appeal As Mr H lay on the ground, Mr G kicked him a before”. She canvassed the factors involved in the number of times to the upper body, then walked to case, including the remorse and guilt felt by Mr J, his car and drove off. before stating that the sentence did not “suffi ciently As a result of the assault, Mr H sustained severe refl ect the seriousness of each of the offences in internal head injuries, leaving him paralysed down his this case when consideration is given to the use of right side. He required extensive rehabilitation to re- the mobile telephone in the overall circumstances learn many of the activities involved in daily life. and its commensurate culpability, the involvement of multiple victims and the paramount responsibility The DPP appealed against the sentence on the of the respondent as the driver of the vehicle”. basis that this was a particularly bad example of a serious offence and that a penalty that represented The Court of Appeal re-sentenced Mr J to a total of 12 per cent of the maximum for such an offence six years and nine months imprisonment, with a non- was suffi ciently outside the appropriate range as to parole period of three years and three months. demonstrate sentencing error. DPP V DINSLEY The Court of Appeal allowed the appeal and Mr D, 22 years old, pleaded guilty to seven counts, re-sentenced Mr G to a term of imprisonment including rape (maximum penalty: 25 years of four and a half years, with a non-parole period imprisonment), aggravated burglary (maximum of two and a half years. In the lead judgment, penalty: 25 years imprisonment), robbery Justice Coldrey expressed the view that “in the (maximum penalty: 15 years imprisonment), circumstances of this case, I have no doubt that the intentionally causing serious injury (maximum sentence imposed was so inadequate as to refl ect penalty: 20 years imprisonment) and false an error of principle”. He also referred to the imprisonment (maximum penalty: 10 years importance of “the need to deter attacks of this imprisonment). He was sentenced to a total of nature in and around licensed premises”. nine years imprisonment, with a non-parole period of six-and-a-half years.

OPP ANNUAL REPORT 2006/07 PAGE 31 Our Performance

SERVING REGIONAL VICTORIA

The OPP is committed to ensuring that regional Victoria receives a murders, sexual assault cases, armed robberies and most recently high quality prosecutions service and that people living in regional a major case involving extensive damage to the environment”. She and rural communities are provided with information and assistance notes: “Having to keep up with so many areas of law can be diffi cult, in negotiating the criminal justice system. but it’s also often attractive to many lawyers because of the lifestyle circuit work offers.” In 2006/07, the OPP’s Circuit section continued to prosecute a high volume and wide variety of matters across regional Victoria. County Court scheduling on circuit also operates differently from The section is divided into three areas – Eastern, Northern and the city. Suzette notes that this means that cases can be moved up Western – and prosecutes matters whenever the Supreme Court the list fairly quickly, creating case preparation and witness availability and County Court goes ‘on circuit’ to conduct hearings in locations problems for the OPP’s solicitors. “Fortunately,” she says, “working in across Victoria. During the year, the section dealt with 253 accused the Circuit section is voluntary, so people who work in the section persons in the Eastern part of Victoria, 548 in the Northern area and normally see the challenges as just part of their day-to-day work.” 609 in the Western area. The OPP is currently working with the County Court to address some of these issues. The section’s 12 solicitors prepare cases for prosecution, brief barristers to appear in court and travel to centres such as Ballarat, Bendigo, The Circuit section also undertakes community education, organising Horsham, Mildura, Morwell, Shepparton, Warrnambool and Wodonga information and educational seminars in regional Victoria for local for hearings. The section also liaises with and provides advice to other communities and agencies involved in the justice system. This agencies such as Victoria Police and the Court Network. important work ensures that people and agencies in regional Victoria are familiar with the services provided by the OPP and understand The demands of circuit work can be challenging. Suzette Dootjes, the the legal issues involved in the prosecution of indictable offences. OPP Manager of the Eastern section points out that “circuit solicitors prepare and conduct cases across a wide variety of offences:

CASE STUDY

ILLEGAL LOGGERS CAUSE MAJOR ENVIRONMENTAL DAMAGE The OPP’s Circuit section recorded a major achievement in 2006/07 with the groundbreaking prosecution of a case involving illegal logging, illegal tree fern harvesting and environmental destruction on a large scale. The OPP successfully prosecuted a father and son team in the Gippsland region for theft of tree ferns and logging timber, illegal trade of logging timber, conspiracy to steal timber logs and tree ferns, and pollution of land. Mr C and his son had been harvesting timber and tree ferns from three properties without permission of the land owners (including the State of Victoria) since 2000. During the course of their operation, Mr C and his son illegally harvested timber worth at least $1.5 million. They also caused extensive damage to native forests and vegetation in the area, as well as polluting the area with oil products and disused transport equipment. The environmental damage also included partially damming the Franklin River by bulldozing logs and earth into the river to provide machinery access to other areas, an action that led to further damage to local fl ora and fauna. After harvesting the timber and tree ferns, Mr C and his son transported them by truck and trailer to sawmill and nursery businesses in South Australia, Melbourne and regional Victoria. The Department of Primary Industries estimated that the damage caused by the illegal logging operations and the use of heavy bulldozing and harvesting machinery would cost more than $300 000 to rehabilitate and require 10 years of reclamation work to return the land to its original state. The lost royalties to the Victorian State Government from the theft of the tree ferns and logging timber were more than $650 000. The OPP prosecuted the case in partnership with the Department of Sustainability and Environment and the Department of Primary Industries. Following a 24-day hearing in the Latrobe Valley Law Courts, the jury returned a guilty verdict. Mr C and his son received prison sentences of four years and two years respectively. In addition, applications have been made for a Pecuniary Penalty Order and a Forfeiture Order under the Confi scation Act 1997 to confi scate assets obtained by Mr C and his son with the proceeds of their illegal activities.

PAGE 32 Our Performance

PROFILE

RYAN MALLIA ADMINISTRATION SUPPORT OFFICER COUNTY COURT APPEALS

In his 14 months with the OPP, Ryan Mallia has dealt with plenty of interesting cases and seen a side of life that most people never see. “The nature of the work here is that you get exposed to things you wouldn’t normally hear about,” says Ryan. “You realise that a lot more goes on in the justice system than they report in the media.” Ryan joined the OPP after completing his Arts degree. “I did Honours in Criminology, so I already had a strong interest in the criminal justice system,” he says. “I knew that the OPP was in the forefront of the system, so I was really interested in coming to work here.” Ryan is the initial point of contact for all fi les that come to the County Court Appeals section of the offi ce. “Our section deals with all appeals from the Magistrates Court to the County Court and my job is to make sure that the case fi les are ready for the solicitors to work on,” says Ryan. After receiving notifi cation that an appeal has been lodged, Ryan ensures that all the relevant information and documents are on fi le and makes initial contact with the police and the defendant’s solicitor. “I can have between 100 and 200 fi les on the go at any time,” he says. “While I’m waiting for a fi le to be allocated to a solicitor in the offi ce, I’m basically responsible for it – for dealing with any queries, sorting out any material that’s sent to us, adding information that comes in and generally making sure that the fi le is up to date and complete before I hand it on.” Ryan sees his role in the OPP as “helping to ensure that Victoria has a fair system of prosecutions, trials and appeals”. He says: “I think we do our best to achieve that fairness and I like being part of that effort.” Now studying for his law degree, Ryan feels that he has learned a great deal from his time with the OPP. “I’ve learned a lot about processes to do with the courts and the police. I’ve learned a lot about the law. I’ve Ryan Mallia – making a difference. also learned a lot about dealing with a wide range of people – from defendants and their solicitors to the police, barristers and judges.”

“I knew that the OPP was in the forefront of the system, so I was really interested in coming to work here.” Ryan Mallia Administration Support Offi cer County Court Appeals

OPP ANNUAL REPORT 2006/07 PAGE 33 Our Performance

Pioneering innovative approaches to prosecutions

• A new Specialist Sex Offences Unit based at the OPP. “It is in the interests of the whole community for The Offi ce of Public Prosecutions is a sex offences to be dealt with fairly and sensitively national leader in adopting innovative In 2006/07, the OPP gave high priority to in the courts. I hope that the end result of the new approaches to public prosecutions. establishing the Specialist Sex Offences Unit. unit is that victims will feel more confi dent to come In 2006/07, we further enhanced Michele Williams SC was appointed as Senior forward and report offences to the police.” our reputation for innovation by Crown Prosecutor to the unit. We appointed establishing a groundbreaking a Project Manager, formed an Implementation Michele Williams SC specialist approach to prosecuting Committee to oversee the creation of the Senior Crown Prosecutor – sex offences and continuing our unit, developed a Project Plan and operational Specialist Sex Offences Unit cutting-edge work in the new area of guidelines for the unit, recruited staff and confi scating the proceeds of crime. secured accommodation. We provided training to OPP staff and to police, members of the private Bar and other stakeholders about the By developing modern, innovative approaches operation of the unit and the Government’s FEATURES OF THE SPECIALIST to prosecutions, the OPP aims to contribute to sexual assault reforms. The unit was launched SEX OFFENCES UNIT greater public trust and confi dence in the criminal in April 2007 at the County Court by the justice system and improve the quality, fairness and Victorian Attorney-General, The Honourable The unit introduces several new features effectiveness of our prosecutions service. Rob Hulls MP. Speakers at the launch included to the prosecution of sex offences: the DPP, the Chief Commissioner of Police, A NEW APPROACH TO PROSECUTING • Leadership from specialist Crown SEX OFFENCES the Secretary of the Department of Justice, a victim advocate and AFL Chief Executive Prosecutors During 2006/07, the Victorian Government Offi cer Andrew Demetriou. • Training and guidelines for private announced a major Sexual Assault Reform barristers Package aimed at encouraging people to The new unit adopts an innovative specialist report sexual assault, minimising the trauma approach to prosecuting sex offences, bringing • Greater consistency and continuity in and distress for complainants in the criminal together prosecutors, solicitors and advocates sex offences cases justice system and reducing the incidence with expertise in sex offence cases. Breaking • Emphasis on the early resolution of of sexual assault in the Victorian community. with tradition, Crown Prosecutors are co- cases The reforms follow a landmark review of sex located with the unit’s solicitors to build a offences law by the Victorian Law Reform strong team approach and ensure a best- • A more seamless, informative and Commission and include: practice, proactive and consistent response to respectful process for victims sex offence cases. • ‘One-stop shops’ in Mildura and Frankston • Greater access to witness support to deliver an integrated justice and human Through this specialised approach, the unit services services approach to victims aims to infl uence the culture of the criminal justice system, minimising the trauma for • Innovative professional development • A dedicated child witness service complainants, delivering more just outcomes, and support for solicitors • A new statewide network of forensic nurses improving public confi dence in the system and • Improved data collection and to improve complainants’ access to timely increasing the reporting of sexual assaults. evaluation forensic medical services Victims and witnesses of sexual assault also • Specialist sex offences lists in the have improved access to witness support Magistrates’ and County Courts services through the OPP’s Witness Assistance Service and the Child Witness Service. • Training in issues surrounding sexual assault for judges and other legal professionals

PAGE 34 Our Performance

PROFILE

MICHELE WILLIAMS SC SENIOR CROWN PROSECUTOR SPECIALIST SEX OFFENCES UNIT

Michele Williams SC brings more than 20 years experience as a criminal advocate to her new position as head of the Specialist Sex Offences Unit at the OPP, but says she is still excited and inspired by the prospect of being part of “one of the biggest steps forward in the Victorian criminal justice system that I have ever encountered”. Michele says that the unit will signifi cantly improve the way sex offences are prosecuted in Victoria. “We aim to achieve a just outcome in each case and to make the process less traumatic for victims,” she says. “This area of the law is complex and there have been many legislative changes over the years. The human circumstances in which sex offences occur is also complex. Many offences occur within families or involve children. The new unit will take into account the needs of the more vulnerable complainants, including children and those who are cognitively impaired, consistent with the new legislative reforms.” As a barrister, Michele had an extensive criminal trial practice appearing in all Victorian Courts and appearing for many years as Counsel assisting the Medical Practitioners Board in cases involving alleged sexual misconduct against doctors. Since her appointment as a Crown Prosecutor in 2002, she has practised almost exclusively in the Supreme Court, prosecuting a number of signifi cant matters including murder trials, attempted murder trials, serious fraud and bail applications. Michele was appointed Senior Counsel in November 2005 and Senior Crown Prosecutor in 2006. As Head of the new Specialist Sex Offences Unit, Michele will be supported by an expert group of Crown Prosecutors, solicitors and advocates who will work together as a specialist team in preparing and prosecuting sex offences cases. She sees her role as “providing strong leadership and building a positive team working environment so that we are able to lead the way and be proactive in delivering a more consistent and just approach to the way sexual offences are dealt with in Victoria”. Over the years, Michele has appeared in many serious sex offences Michele Williams – making a difference. trials and looks forward to being part of a substantive change in the way these offences are prosecuted. “I am privileged to be working in such a “We aim to achieve a just outcome in each case and to make rewarding and challenging area of the law,” she says. the process less traumatic for victims.” Michele Williams SC Senior Crown Prosecutor, Specialist Sex Offences Unit

OPP ANNUAL REPORT 2006/07 PAGE 35 Our Performance

“The OPP now has an expertise in asset confi scations that is the best in Australia – and that is proving to be a strong and effective weapon in the fi ght against organised crime in Victoria and nationwide.” Angela Cannon Solicitor for Public Prosecutions

NATIONAL LEADERS IN ASSET convicted of conspiracy, drug traffi cking and CONFISCATION money laundering offences) was ordered Paul Dimitrios – making a difference. The OPP continues to build its expertise in to pay to the State of Victoria the sum of $995,000. confi scating assets that have been used in the “I love every minute that I’m here. It sure commission of a crime or purchased with the • Restraining money and assets in relation beats sitting in an offi ce doing proceeds of crime. During 2006/07, the OPP’s to the prosecution of Mr Tony Mokbel, his someone’s tax returns.” Confi scations section conducted litigation associates and family members. Successful Paul Dimitros under the Confi scation Act 1997 on behalf of action taken by the OPP and the DPP Forensic Accountant the Director of Public Prosecutions, recording included securing the appointment of Confi scations signifi cant successes in several major cases trustees to manage the substantial assets of and building a strong body of case law with members of Mr Mokbel’s family – the fi rst application throughout Australia. time trustees have been appointed under The section opened 436 cases during the year. the Confi scation Act 1997. Key achievements in 2006/07 include: • Responding to adverse judicial interpretations of specifi c provisions of the • Continuing to seize signifi cant assets from Confi scation Act 1997, including advising the criminals under Victoria’s asset confi scation Victorian Government on amendments to scheme. The most recent confi scation the Act to clarify that an order to restrain fi gures show a tripling in revenue obtained assets should be made and heard ex parte from confi scating assets from $2.2 million to ensure that criminals are not given an in 2002/03 to $6.6 million in 2005/06. opportunity to move or hide assets. These fi gures do not include the monies successfully restrained for the purposes of Throughout the year, the Confi scations compensation to victims of crime. section continued to work closely with the other agencies involved in Victoria’s • Managing the signifi cant additional caseload asset confi scation scheme – Victoria Police, generated by the Purana Task Force the Asset Confi scation Offi ce within the • Restraining assets in matters where the Department of Justice and the Sheriff’s Offi ce person charged with an offence died before – to improve the operation and administration the charge was fi nally determined. DPP of the scheme. v Shield resulted in a ‘deemed conviction’ The Confi scations section also provided under the Confi scation Act 1997 for drug advice on confi scation matters to the Director offences and three properties and monies of Public Prosecutions, the Chief Crown worth $1.1 million being automatically Prosecutor and Crown Prosecutors, solicitors forfeited to the State of Victoria. DPP v Korp and counsel handling prosecution cases, also involved an application for a ‘deemed Victoria Police, the Department of Justice and conviction’ to enable the restraining of assets victims of crime. to ensure that the interests of the victim’s relatives were protected. • Successfully applying to the Supreme Court for the largest pecuniary penalty under the Confi scation Act ever ordered in Victoria. In DPP v Ferguson, a former member of the Victoria Police Drugs Squad (who was

PAGE 36 Our Performance

PAUL DIMITROS FORENSIC ACCOUNTANT PROFILE CONFISCATIONS

“I love every minute that I’m here.” Not many a good knowledge of the criminal justice system people can say that about their workplaces, but and police procedures. “I am generally pretty OPP’s Forensic Accountant Paul Dimitros is a much on the mark in terms of locating assets,” man who is more than happy in his job. Paul has he says, “so I think that I value-add to the offi ce.” been working with the OPP Confi scations Unit Paul was drawn to forensic accountancy because for more than 15 months, after stints with the he enjoyed the investigative side of accounting Department of Justice and Victoria Police, and and because he believes it is important work. says he gets “great personal and professional “This is not just about confi scating assets from satisfaction” from helping to track down and criminals,” he says. “There are victims involved confi scate assets obtained through crime. here and the money being used to buy these “Following the money trail – that’s what I do,” assets is money stolen from victims or the result he says. “People can be pretty devious and of crimes committed against victims.” selective when they’re trying to hide money Paul also enjoys the “great variety” of his work and the Forensic Accountant’s job is to look at at the OPP. He has worked on cases involving the material presented to the police and the organised crime, major fraud and drug dealing. courts, do a fi nancial analysis and then form an His investigations cover a range of assets, from opinion on whether or not property and assets residential and commercial properties to family have been purchased using the proceeds from trusts, farms, livestock and shares. He also gives criminal activities.” evidence in court as an expert witness. Paul brings a combination of skills, experience “It sure beats sitting in an offi ce doing someone’s and knowledge to his work with OPP. Alongside tax returns,” he says. accounting and fi nancial skills, Paul has expertise in asset management and insolvency. He also has

CASE STUDY

PROTECTING THE RIGHTS OF VICTIMS AND THEIR FAMILIES

The Korp case was widely reported in Earlier in 2005, the Supreme Court had the application to be a ‘test case’ in protecting the media and is well known to most ordered that Korp be restrained from the interests of victims of crime through the Melburnians. On 3 August 2005, Joseph Korp disposing of his home, his car or his Confi scation Act 1997. was committed to stand trial for attempted superannuation benefi ts. In September 2005, Mrs Korp’s two children decided against murder, conspiracy to commit murder and the DPP applied to the Supreme Court for a making a compensation claim. While a claim intentionally causing serious injury. Korp’s declaration that Joseph Korp be deemed to was initially pursued by Mrs Korp’s mother alleged victim, his wife Maria, had been in a be convicted under the Confi scation Act 1997 and two sisters, who live in Portugal, they coma since the previous February when she of the above offences. Under s4 and s5 of the also eventually decided not to proceed. was found unconscious in the boot of her car Act, a person who dies after being committed In 2007, the DPP applied to the Supreme near the Shrine of Remembrance. Korp’s lover, to stand trial can be deemed to be guilty of Court for the claim to be withdrawn, leaving Tania Herman, pleaded guilty to the attempted the offence for which he/she was charged for the proceeds of Joseph Korp’s estate to murder of Maria Korp and is serving a 12-year the purposes of the Confi scation Act 1997. be distributed under an earlier agreement jail term. The DPP made the application to ensure between the parties. that Korp’s assets would be available to fund On 5 August 2005, Maria Korp died and seven compensation payouts to Mrs Korp’s family days later Joseph Korp was found dead in his as victims of crime. The DPP also considered garage at his home in Mickleham.

OPP ANNUAL REPORT 2006/07 PAGE 37 Our Performance

Reducing delays in the criminal justice system

NEW SOLICITOR ADVOCATES and directions hearings to identify and Delays reduce the fairness and The OPP commenced recruitment of fi ve address issues that cause delays effi ciency of the criminal justice new Solicitor Advocates with responsibility • Appointing a senior manager to facilitate the system, affect the rights of defendants, for the early resolution of matters before early review and resolution of matters in victims and witnesses, and result the courts. Working with a designated the Supreme Court, with a focus on cases in additional costs to the broader Crown Prosecutor, the Solicitor Advocates of murder and attempted murder and cases Victorian community. In 2006/07, will be proactive in the early stages of cases, listed in regional Victoria the OPP adopted a strong focus on identifying and resolving issues that are minimising delays across the Victorian preventing matters from being settled quickly. • Appointing a senior manager to monitor criminal justice system, taking action Section 5 hearings in the Supreme Court, FEWER DELAYS IN COMMITTAL to streamline the management of cases, with the aim of identifying and addressing PROCEEDINGS modernise court-related processes and pre-trial issues in order to reduce trial delays Working with the Magistrates’ Court of resolve cases at an earlier stage. • Commencing work on a Memorandum Victoria and Victoria Police, OPP’s Committals of Understanding to clarify responsibilities Advocacy section and Specialist Sex Offences between the OPP and Forensicare to Unit played a leading role in developing reduce delays in cases involving defendants In 2006/07, the Victorian Government new streamlined procedures in relation with mental illness. announced that it would provide substantial to committal hearings in the Magistrates’ additional resources to reduce delays in Court. These procedures have resulted • Working with Victoria Police to develop a the criminal justice system (including the in considerable time savings, fewer delays strategy to reduce delay in the prosecution appointment of two new Supreme Court and a more effective use of the court’s of drug cases by improving processes in judges, two new Country Court judges and time. New procedures include booking relation to drug, DNA and transcript analysis. additional support staff and resources). dates for committal hearings at an earlier IMPROVED OPERATION ON CIRCUIT During the year, the courts also introduced a stage, minimising extension applications From February to June 2007, the OPP number of changes to proceedings to improve and introducing more effi cient processes in dedicated a solicitor to identify opportunities the effi cient management and resolution of preparing and serving hand-up briefs. for the early resolution of committal matters matters. To support these actions, the OPP IMPROVED INTERNAL PRACTICES in Circuit West. This project resulted in a reviewed and reformed internal practices and By improving internal practices and strong increase in the settlement rate of worked together with other stakeholders to introducing more streamlined case committal matters – from 38 per cent prior improve court-related processes. management, the OPP is playing a leading to February 2007 to 49 per cent over the NEW RESOURCES TO REDUCE DELAYS role in the early resolution of cases and the fi ve months of the project. The project is In conjunction with the Department of Justice, early identifi cation of matters that may delay estimated to have saved an additional the OPP developed its fi rst independent court proceedings. Action taken in 2006/07 11 per cent of matters from preparation for Budget submission in 2006/07, seeking to improve the offi ce’s internal processes committal, case conference, trial or plea – a additional resources to reduce delays in the included: substantial saving in time and costs, and a signifi cant reduction in pressure on the courts criminal justice system. As part of a major • Establishing an Internal Call-Over system in Victoria’s west. justice package delivered in the 2007/08 State for all pleas and trials in the County and Budget, the Victorian Government increased Supreme Courts to reduce the number of The OPP also commenced a project to funding to the OPP by $28 million over the adjournments caused by the OPP. The new reduce delays and improve the operation of next four years – boosting the offi ce’s core system focuses on monitoring and resolving Circuit by exploring steps that the OPP and budget by nearly 20 per cent. These signifi cant issues that may lead to late adjournments or the courts can take to settle matters earlier, additional resources have enabled the offi ce delays in the commencement of criminal cases tackle backlogs and streamline matters that go to commence a number of initiatives aimed at to trial. minimising delays and resolving matters at an • Appointing a Legal Unit Delegate to earlier stage of proceedings. monitor County Court case conferences

PAGE 38 Our Performance

CONTESTED COMMITTALS 1600 For the fi rst time in seven years, the number of contested committals has decreased, 1400 refl ecting the success of efforts to resolve matters at the pre-committal stage. 1200

1000

800 NUMBER

600

400

200

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 YEAR

REDUCING DELAYS IN THE SUPREME COURT

In 2006, the Supreme Court of Victoria issued whether extensive pre-trial management is were prepared, signed and fi led at Section a Practice Note (Practice Note 5 of 2006: required. 5 hearings in more than 80 per cent of Criminal Division – Case Management by matters. In the remaining 20 per cent of The Practice Note raised signifi cant issues Section 5 Hearings) requiring that matters matters, presentments were not prepared for the operations and resources of the committed to the Supreme Court for trial be due to ongoing forensic testing or where it OPP, requiring the review of practices and listed for a Section 5 hearing within 14 days of was inappropriate to fi le presentments as the procedures to improve the offi ce’s ability to the completion of the committal hearing. Crown was considering nolles prosequi. meet the new timelines and requirements. The aim of a Section 5 hearing is to inform Since operation of the Practice Note • The OPP has not been directly responsible the Supreme Court of any progress towards commenced on 1 January 2007: for any Section 5 hearings being adjourned to resolving a matter before the court and to a further Section 5 hearing. • The OPP has ensured that counsel appearing ensure that the trial commences on the at the committal hearing also appeared at the These outcomes represent a signifi cant proposed or fi xed date by identifying at an Section 5 hearing in 68 per cent of matters. achievement on the part of the OPP and early stage any issues that may cause delay. refl ect the ongoing commitment of the • In the remaining 32 per cent of matters, the The Practice Note requires counsel retained DPP and the OPP to make an effective and OPP has ensured that a replacement Crown for the committal or the trial to appear at the substantial contribution to the Supreme Prosecutor appeared where the committal Section 5 hearing and to be in a position to Court’s efforts to minimise delays. hearing Crown Prosecutor was unable address 20 matters (in addition to matters to appear (12 per cent of matters); that a contained in section 5 of the Crimes (Criminal Crown Prosecutor appeared where the Trials) Act 1999). These matters include: matter had proceeded at committal mention anticipated issues at the trial and whether any without a committal hearing (18 per cent); issues warrant pre-trial hearings; an estimate and that counsel familiar with the matter of the hearing time needed for the trial; appeared where counsel who appeared at any problems that might prevent the trial the committal was unable to appear (2 per proceeding quickly and smoothly; the number cent). and availability of witnesses; any security issues; any special requirements for witnesses; and • The OPP has ensured that presentments

OPP ANNUAL REPORT 2006/07 PAGE 39 Our Performance

PROFILE

JULIA MAGUR OFFICER IN CHARGE – DEPOSITIONS REGISTRY

Julia Magur has worked at the OPP since 2004. In 2006, she also worked for several months at the Magistrates’ Court in the Criminal Registry and as a bench clerk assisting the Magistrate in court, before returning to the OPP in early 2007. Julia is responsible for making sure the depositions for trials and pleas at the County and Supreme Courts are available to all parties. Depositions staff compile evidence; witness statements and any paper exhibits to be presented to the court. Julia ensures that depositions are ready for the solicitors working within the OPP, defence counsel, the various courts and defendants. Julia enjoys the exacting and demanding nature of her work. “Each person in Depositions is individually responsible for the fi les they work on, so it’s very important that we are thorough,” says Julia. “There is little room for error – we have to get it right.” Julia feels that the work of the Depositions section is “defi nitely important” to the smooth operation of the OPP and to the effi ciency of the Victorian courts and criminal justice system. An increasing number of committals and recent changes in sexual assault matters mean that the section is now managing an even heavier workload. The section is also feeling the pressure of efforts to reduce delays across the criminal justice system. “Fortunately, we are a close team and we all work very well together, so we can handle it,” says Julia. Technology is also having an increasing impact on Julia’s work. Recently, the OPP Records and Depositions section has started loading depositions onto CDs and sending them to the Criminal Trial Listings Directorate (which is responsible for listing and managing criminal cases in Victoria) and, when appropriate, to the regional County Courts. This new advance in information transfer has had some teething problems, but is an integral mechanism in minimising delays within the court process. Julia fi nds working in criminal law fascinating and enjoys the wide variety of work in the Depositions section. “Best of all, the people I work with are fantastic,” she says. Julia Magur – making a difference.

“We are a close team and we all work very well together.” Julia Magur Offi cer in Charge Depositions Registry

PAGE 40 Our Performance

Providing better support for victims and witnesses

to demystify the court process, providing in meeting the principles of the Victims’ The Offi ce of Public Prosecutions information about court procedures, Charter conducting courtroom tours and explaining recognises that being a victim or • Drafting new forms and letters for use by the process involved in giving evidence. witness of crime can be a traumatic the OPP to keep victims informed about In addition, WAS provided post-hearing and stressful experience – and we the progress of cases believe that providing support and debriefi ngs to support victims who were assistance to victims and witnesses traumatised by giving evidence or who were • Organising talks from the Victims is crucial to delivering a high quality unhappy with the outcome of cases. Support Agency, Victoria Police and other organisations about the implementation of prosecutions service. In 2006/07, the WAS carried out a range of other functions the Charter and victims’ rights generally. OPP signifi cantly enhanced our services throughout the year, including producing to victims and witnesses of serious educational material and providing advice and WORKING WITH EXTERNAL AGENCIES crimes, including producing a new training for community groups and Victoria The OPP worked with Victoria Police to guide to the court system and playing a Police. establish protocols to ensure that the leading role in the implementation of concerns and needs of victims are identifi ed Victoria’s new Victims’ Charter. PATHWAYS TO JUSTICE when cases are handed from the police to In 2006/07, the OPP published and distributed the OPP. Pathways to Justice: A guide to the Victorian court system for victims and witnesses of serious crimes. The operations of the Witness Assistance The OPP is strongly committed to supporting Produced with support from the Department Service were also reviewed to provide a victims and witnesses of crime as part of of Justice, Pathways to Justice provides victims and more strategic focus and improve integration our prosecutions service – keeping them witnesses of serious crimes with a step-by-step with other government and non-government informed about the progress of cases, giving guide through the court process. The booklet services. advice about court procedures and providing also outlines the Victims’ Charter and explains personal support in what can be a daunting The OPP also developed Memoranda of matters such as Victim Impact Statements, the journey through the criminal justice system. In Understanding with the Victims Support Victims’ Register, how to claim compensation 2006, the Victorian Government introduced Agency and Victoria Police to assist with the and how to make a complaint about services a new Victims’ Charter, which represents a implementation of the Victims’ Charter. provided by the OPP. commitment by the government and agencies SPECIALIST SEX OFFENCES UNIT within the justice system to treat victims SUPPORT FOR THE VICTIMS’ CHARTER The creation of the Specialist Sex Offences with courtesy, respect and dignity. The OPP The OPP reviewed its practices and Unit within the OPP has signifi cantly improved has taken action to ensure that we comply procedures during 2006/07 to improve services provided by the offi ce to victims of with the Charter and continue to provide a support for victims and witnesses and ensure sex offences. The new unit provides specialised high standard of support to victims of crime compliance with the new Victims’ Charter. assistance to victims in these cases, addressing involved in cases handled by the offi ce. Activities included: their concerns in a consistent, sensitive and WITNESS ASSISTANCE SERVICE • Appointing a Community Liaison Offi cer respectful manner. The unit also improves the The OPP’s Witness Assistance Service (WAS) and developing protocols to receive access that victims and witnesses of sexual supports and assists victims and witnesses of feedback and complaints from victims and assault have to support services (including the crime. In 2006/07, the Service’s staff of four witnesses OPP Witness Assistance Service). social workers and two administrative staff • Establishing a Victims’ Charter assisted 1300 victims across Victoria. Details Implementation Committee to review of assistance provided by WAS are set out in internal processes Appendix 6. • Developing a new Director’s Policy in Support and assistance provided by WAS relation to the Victims’ Charter Act 2006 included running pre-court conferences which establishes guidelines for the OPP

OPP ANNUAL REPORT 2006/07 PAGE 41 Our Performance

PROFILE

WITNESS ASSISTANCE SERVICE

The Witness Assistance Service’s four Social Workers are enthusiastic and passionate about their work and the role of WAS within the OPP. For Marnie Vickers, working at WAS fulfi ls a “keen interest in sex offences legislation and laws pertaining to serious criminal offences”. Marnie adds: “I feel passionate about working with victims of crime and feel very strongly that prosecution witnesses should be informed and supported through criminal proceedings.” As WAS’s longest serving staff members, Anni Davie and Anne O’Brien have seen the service develop and grow over the last 10 years. Anne praises Geoff Flatman, a previous Director of Public Prosecutions, for his enthusiastic support in building up the service “with a real focus on dealing with victims of crime and the families of deceased people in a much more personal way”. She also praises Paul Coghlan, for carrying on the legacy of meeting with victims and families. ”We have been very privileged to work with him, as well as the Crown Prosecutors and Solicitors at the OPP,” says Anne. Renee Dowling started working at the service six years ago and continues to fi nd the work challenging and interesting. “I am genuinely passionate about my work within WAS,” says Renee. “I am proud to say that, with the exception of one or two ‘bad hair’ days, I have always woken up in the morning happy to go to work.” The recent introduction of the Victims’ Charter has resulted in an increased workload for the WAS team. “As information about the Charter gets out there into the community, victims and witnesses of crime are more aware of their rights and are far more likely to know about our service,” says Anne. “This increases our workload and will be an ongoing challenge for the service. But there is such a feeling of camaraderie and a collegiate atmosphere at the OPP that we at WAS feel very supported and respected in the work we do.” All four WAS social workers have post-graduate qualifi cations and broad experience working in sexual assault, counselling and advocacy in various parts of the criminal justice system. Marnie also notes: “Everyone at the OPP is dedicated to prosecuting serious Anne O’Brien, Renee Dowling, Debbie Langham and criminal offences. There’s a huge range of experience, knowledge and compassion Marnie Vickers – making a difference. amongst staff members here and I think we all thrive on that.” Over the next year, the WAS team will focus on producing publications to assist victims of crime and developing a training module to expand the work they are doing with victims “I am proud to say that, with the exception of and witnesses of crime living in regional Victoria. Anne observes: “There is no shortage of one or two ‘bad hair’ days, I have always woken challenges at WAS, but we are very passionate about what we do here and the nature of up in the morning happy to go to work.” the work and the people we deal with makes it a pleasure to come to work every day.” Renee Dowling Witness Assistance Service

PAGE 42 Our Performance

VICTIM’S CHARTER

In 2006, the Victorian Parliament passed the Victims’ Charter Act 2006. • Be protected – as far as practicable – from unnecessary contact The Act establishes a Victims’ Charter for Victoria, setting out 12 with the accused person and defence witnesses during the court principles that the police, the Offi ce of Public Prosecutions and victim proceedings support agencies must follow to support and assist victims of crime. • Prepare a Victim Impact Statement that may be considered by the Developed following extensive community consultation, the Charter court in sentencing the accused person and have access to any aims to provide legal recognition of the impact of crime on victims, assistance needed to prepare the statement ensure that victims are treated with courtesy, respect and dignity • Keep their personal information, including residential address and and offered information, support and assistance, and improve the telephone number, from being disclosed to anybody, except in experiences of victims within the criminal justice system. accordance with the Information Privacy Act 2000, as directed by Under the Charter, victims of crime have the right to: the court or as otherwise authorised by law • Be treated with courtesy, respect and dignity by all criminal justice • Have any property held for investigation of a crime or the and victim support services prosecution of a criminal offence stored and handled in a respectful and secure manner, and returned as soon as practicable • Be given clear, timely and consistent information about their rights and entitlements and, if appropriate, be referred to victims and • Apply to be included on the Victims’ Register, allowing them to legal support services receive information regarding the release of the offender and to have their views taken into account by a Parole Board when any • Be told about the progress of the investigation at key stages (and decision about parole of the offender is being considered be informed where police may not be able to provide all the details because it would jeopardise an investigation) • Make an application to the court for an order for compensation from the offender for injury suffered or for loss or damage to • Be informed about the prosecution of the accused person, the victim’s property which arises from the crime or make an including charges laid (or the reasons for not laying charges or application for compensation and/or fi nancial assistance from the modifying charges), decisions to accept a plea of guilty to lesser Victims of Crime Assistance Tribunal. charges, details of court dates and times, the outcome of any criminal proceedings and details of any appeal The OPP and other agencies (including Victoria Police) have adopted a phased approach to implementing the Charter. Stage 1 (which • Request details about the outcome of any bail application and any commenced in November 2006) focuses on victims of crimes special conditions of bail that are intended to protect victims or against the person. Stage 2 (which is anticipated to commence in their families 2008) will broaden the application of the Charter to include victims • Be informed about the court process, including the victim’s role as of property crime. a witness

OPP ANNUAL REPORT 2006/07 PAGE 43 Our Performance

CASE STUDY

COPING WITH A FINDING OF NOT GUILTY Ms K was walking in a park in Footscray with her 18 month old baby when Mr Y came up to her, held a blood fi lled syringe to her baby’s neck and demanded money. Throughout the court process, Ms K felt as if she – not the defendant – was ‘on trial’ and that her integrity and behaviour were being questioned. In addition to giving evidence, Ms K also attended the plea hearing. Despite the offender having nine prior convictions, including armed robbery and theft, none of these prior convictions was admissible in court on the trial due to it being prejudicial to the defendant. This was diffi cult for Ms K to understand as she considered it relevant to what had happened to her. In supporting Ms K, it was important to clearly explain these points of law to give her a better understanding of how the criminal justice system works and why the judge may need to make certain decisions. The jury returned a not guilty verdict to the charge of attempted armed robbery. However, Mr Y did plead guilty to one count of heroin possession. While Ms K was very unhappy with the outcome, the support, advice and assistance provided by WAS enabled her to walk away from the court knowing that she did the best she could. She felt that she was believed by the WAS staff, by the police and perhaps by the jury. By demystifying the court process and providing support and clear information, WAS helped Ms K understand that on this occasion, the prosecution was unable to prove the case beyond reasonable doubt – not that Mr Y was innocent of the crime.

CASE STUDY

UNDERSTANDING THE COURT PROCESS Ms B was 18 years old when she reported having been sexually abused by her stepfather when she was a child between 6 and 12 years of age. Ms B was referred to WAS by the police informant for a pre-committal conference and court tour. She attended with her mother Mrs L (a crown witness and the ex-wife of the defendant) The WAS support worker arranged for the OPP instructing solicitor to attend the conference where they advised Ms B and Mrs L about the purpose of a committal hearing and the process of giving evidence. The WAS worker also explained legal terminology, answered questions about the criminal justice process and showed Ms B and her mother the court facilities where the trial would take place. WAS organised a referral to the Court Network to ensure that Ms B and Mrs L had support at court. After discussion with Ms B, the WAS worker made arrangements for a sexual assault counsellor to contact her. She also provided information on Ms B’s rights to compensation. After the committal hearing, both Ms B and Mrs L contacted WAS about their court experiences and received information about the upcoming trial. The cross examination at the committal had been very traumatic at times, requiring a further counselling referral. The jury brought down a guilty verdict, which relieved Ms B and Mrs L. The WAS worker subsequently explained the processes involved in a sentencing hearing, the accused person’s rights to lodge an appeal and Ms B’s right to be listed on the Victims’ Register.

PAGE 44 Our Performance

Influencing policy and law reform

system responds to victims of crime. The OPP The OPP also provided advice to the Through its daily involvement assisted stakeholders with the implementation of Attorney-General on the need for with the courts and the criminal the Charter, including developing Memoranda of amendments to the Confi scation Act 1997 to justice system, the Offi ce of Public Understanding with the Victims Support Agency address the impact of decisions made by the Prosecutions is well-placed to identify and Victoria Police. Court of Appeal that were undermining the issues with implications for the The PACA section also coordinated the updating operation of the Act. entire justice system and the wider of internal policies and documents within the OPP LEGISLATION AND POLICY Victorian community. In 2006/07, the to ensure compliance with the Charter. IMPLEMENTATION OPP continued to play an infl uential CHARTER OF HUMAN RIGHTS The OPP provided expert advice and assistance role in the development of legal to stakeholders with the implementation of policy in Victoria, including providing During the year, the Victorian Parliament major new legislation, including: advice to government, supporting the also passed the Charter of Human Rights and implementation of new legislation and Responsibilities Act 2006, which establishes a • The Courts Legislation (Jurisdiction) Act 2006, participating in law reform activities. charter of rights and responsibilities and requires which introduced major changes to committal public bodies to observe these rights when they procedures in the Magistrates’ Court create laws, set policies and provide services. The • The Public Prosecutions Amendment The OPP takes a keen interest in identifying OPP provided advice and assistance to agencies Act 2007, which clarifi es aspects of and pursuing areas of law and legal practice working within the criminal justice system the role of the DPP and the OPP and in need of reform. Through its Policy, Advisings on implementing the Charter. The OPP also facilitates cooperation between State and and Court of Appeal (PACA) unit the OPP reviewed its own practices to ensure compliance Commonwealth DPPs. undertakes activities designed to improve with the Charter. The OPP also advised the Victorian Government and modernise the law, the operation of the LAW REFORM on the impact, costs and potential risks criminal justice system and the prosecution During the year, the OPP responded to law associated with implementing the Attorney- process. During 2006/07, we continued reform inquiries and discussion papers, including: General’s Justice Statement and delivering the to work closely with Victoria Police, the Government’s 2006 election commitments. Department of Justice, the courts, the legal • The Department of Justice’s Appeal Costs in profession and community groups to identify Victoria Discussion Paper INNOVATIVE COURT SERVICES and respond to signifi cant law reform issues. • The Sentencing Advisory Council’s The OPP provided advice to the Victorian SEXUAL ASSAULT REFORMS discussion paper on formalising a sentence Government on the development and indications scheme in Victoria’s courts implementation of innovative court programs During 2006/07, the OPP played a key role aimed at reducing re-offending, including: in developing and delivering the Victorian • The Victorian Law Reform Commission’s Government’s Sexual Assault Reform Package. Review of the Bail Act 1977 • A new therapeutic diversion program for The PACA section provided advice and assistance • The Department of Justice’s Review of 15 to 18 year olds who are alleged to have to stakeholders within the criminal justice Investigation Powers Discussion Paper committed sexual offences system (including Victoria Police, the courts, the • A new therapeutic treatment model Department of Justice and victims’ groups) on • The Sentencing Advisory Council’s review of for 10 to 14 year old offenders and the the implementation of the package and meeting the continued detention and supervision of establishment of a Therapeutic Treatment the requirements of the Crimes (Sexual Offences) high-risk offenders. Board to advise on whether criminal or Act 2006 and the Crimes (Sexual Offences)(Further The OPP participated in – and provided protective intervention is appropriate for Amendment) Act 2006. assistance to – the Sentencing Advisory child sexual offenders Council’s Review of Maximum Penalties for VICTIMS’ CHARTER Preparatory Offences (offences involving • Australia’s fi rst multi-jurisdictional In 2006, the Parliament of Victoria passed the conduct that is intended to facilitate the Neighbourhood Justice Centre based in the Victims’ Charter Act 2006, which established a future commission of an offence such as theft, City of Yarra. charter of principles for how the criminal justice robbery and burglary).

OPP ANNUAL REPORT 2006/07 PAGE 45 Our Performance

PROFILE

KAREN ARGIROPOULOS SENIOR SOLICITOR POLICY, ADVISINGS AND COURT OF APPEAL

Karen Argiropoulos doesn’t know what it’s like to be bored at work. “No day here is ever the same,” she says of her role as Senior Solicitor with the OPP’s Policy, Advisings and Court of Appeal (PACA) section. “We have a very diverse practice and are always working on something novel or unusual.” A graduate of the OPP’s Articled Clerk program, Karen remained with the offi ce after completing her articles in 2001. During her three years with the PACA section, Karen’s work has covered a wide range of matters, including appeals to the Court of Appeal and the High Court, and interstate and overseas extraditions. “Extraditions are an aspect of the work that I really enjoy,” she says, “because we have to work collaboratively with various people and organisations – from local and foreign police to the Commonwealth Attorney-General’s Department. They also involve learning about how legal systems in other countries operate.” Karen also contributes to the PACA section’s legal policy and law reform work, participating in advisory committees and making submissions to the Victorian and Commonwealth governments on legal issues with broader implications for the criminal justice system. She has a strong interest in the rights of victims and has recently worked on the implementation of the Victims’ Charter to ensure that victims are better supported through the court process. Karen gets great satisfaction from knowing that the impact of her work with the PACA unit extends across the criminal justice system: “Almost everything we do in this section impacts not only upon the lives of individuals, but also on the operation of the criminal justice system as a whole – which leads to feelings of great satisfaction and passion about the work that we do.” Karen believes the OPP offers the best workplace in Victoria for lawyers with an interest in criminal law. “You have opportunities to gain exposure to so many different aspects of the criminal law,” she says. “But most Karen Argiropoulos – making a difference. importantly, you will have a really rewarding and valuable job.”

“We have a very diverse practice and are always working on something novel or unusual.” Karen Argiropoulos Senior Solicitor Policy, Advisings and Court of Appeal

PAGE 46 Our Performance

OPP REPRESENTATION ON COMMITTEES AND ADVISORY GROUPS During 2006/07, the OPP participated in around 40 external committees and advisory groups, providing expert input and advice on a range of matters, including the introduction of new legislation, procedural and operational changes in the courts and the development of new programs for young offenders. A sample of these groups is listed below.

Committee Purpose Chair

Child Witness Service Advisory Group Oversee implementation of the child witness service DOJ

County Court Criminal Users Group Discuss and resolve issues relating to the County Court’s County Court criminal jurisdiction Criminal Justice Enhancement Program (CJEP) Oversee information and knowledge management DOJ Steering Committee initiatives within the criminal justice system Criminal Justice System Steering Committee Identify and address issues relating to the operation DOJ of the Victorian criminal justice system Criminal Law Justice Statement Advisory Implement the Victorian Attorney-General’s Justice DOJ Committee Statement Expediting Evidentiary Procedure and Analysis Develop an interagency approach to managing indictable Victoria Police Steering Committee drug cases Human Rights Litigation Strategy Identify and develop strategies to address the impact of the Victorian Government Charter of Human Rights and Responsibilities on prosecutions Solicitor Judicial College of Victoria’s Multidisciplinary Provide advice in relation to education on sexual assault for JCV Steering Committee (Sexual Assault) members of the judiciary and the wider legal profession Law Institute of Victoria – Criminal Law Discuss matters relating to the practice of criminal law in Law Institute Committee Victoria Magistrates’ Court Peak Bodies Forum Discuss issues relating to the Magistrates’ Court DOJ 2015 Project Melbourne Magistrates’ Court Criminal Court Discuss and resolve issues relating to the Magistrates’ Melbourne Magistrates’ Users Group Court criminal jurisdiction Court Mutual Assistance Act Liaison Offi cers Group Respond to requests for mutual assistance from Commonwealth other countries Attorney-General OPP/Victoria Police Consultative Forum Discuss issues of mutual concern to OPP and Victoria Victoria Police Police Project Reference Group – Early Intervention Oversee development of a therapeutic diversion program DOJ Program for 15 to 18 year old Sexual Offenders for young sexual offenders Sexual Assault Advisory Committee Discuss and have input into implementation and delivery of sex DOJ offence reforms in the criminal justice system Sexual Assault Steering Committee Oversee and coordinate reforms to the criminal justice DOJ system to address sexual assault Statewide Steering Committee to Reduce Advise the Victorian Government on improving responses Victoria Police and Offi ce Sexual Assault to sexual assault of Women’s Policy Victims’ Charter Executive Steering Committee Oversee the implementation of the Victims’ Charter DOJ

Victorian Law Reform Commission Bail Provide advice to the Commission’s review of the VLRC Advisory Group Victorian Bail Act Victorian Sentencing Manual Editorial Committee Oversee updates to the online Victorian Sentencing Judicial College of Manual Victoria

OPP ANNUAL REPORT 2006/07 PAGE 47 Our Performance

Strengthening corporate governance and capability

ORGANISATIONAL REVIEW systems and better match barristers with The Offi ce of Public Prosecutions As well as recommending reforms to the cases (in terms of experience and specialty). continues to strengthen our OPP’s legal practice, the major organisational REVIEW OF FUNCTIONS capability to deliver a high quality review – A Blueprint for Effective, Effi cient The OPP commenced a review of key legal prosecutions service within a and Economical Prosecutions – also support and administration functions, aiming modern legal practice. In 2006/07, we recommended major changes to the offi ce’s to improve the quality and consistency of our commenced a substantial upgrade of administrative functions, management prosecutions service and make better use of our corporate governance framework, practices and offi ce systems. The OPP our available resources. Major actions taken in including an extensive updating of has commenced implementation of these 2006/07 included: internal policies and procedures, a recommendations – including consultation major review of briefi ng practices and with staff – a process that will continue in • Reviewing the resources of the OPP library the modernisation of administrative 2007/08. and developing a plan for the more effective functions within the offi ce. use of reference resources, including the BRIEFINGS REVIEW creation of an internal online archive of legal Expenditure on briefi ng fees to private counsel information relevant to prosecutions has been rising steadily over the last fi ve years. Over the next decade, Victoria’s public • Commencing a review of information prosecutions service faces some signifi cant During the year, the OPP commenced a full technology services within the offi ce to challenges. To ensure that we have the review of its briefi ng practices to ensure that develop a strategy for the future delivery of capability to meet these challenges – and we are adopting a best practice approach and these services continue to provide a high quality service to achieving value for money in our engagement • Reviewing the Finance and Human the Victorian community – the OPP is making with the Victorian Bar. The review covers Resources units to ensure they can meet signifi cant changes and improvements to our internal OPP practices, as well as those the demands of a modern legal practice, structure, functions and corporate governance followed by barristers and their clerks, and provide the basis for informed decision- framework. aims to enhance monitoring and accountability processes, improve invoicing and payment making about fi nancial and human resources

EXPENDITURE ON EXTERNAL COUNSEL

30 Expenditure on external counsel has continued to increase. In 2006/07, the OPP spent $10.67 million on external counsel, over 25 26 per cent of the offi ce’s total expenditure 20 PERCENTAGE 15

10

5

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 YEAR

PAGE 48 Our Performance

COMMITTEE FOR PUBLIC PROSECUTIONS REPORT FOR 2006/07

The Committee for Public Prosecutions is a committee established by section 42 of the Public Prosecutions Act 1994 (the Act). The Committee provides general advice on the operation of the prosecutorial system and also has a number of specifi c functions as outlined in the Act. The specifi c functions include the establishment of various guidelines. These comprise guidelines relating to appearance work by OPP staff, guidelines on the treatment of victims of crime by the prosecutorial system and guidelines on the circumstances under which some decisions are not to be considered ‘special decisions’ under the Act. within the offi ce and support ongoing growth and change across the OPP. The Committee may also give directions to the police force and others about offences or classes of offences to be referred to the Director and can recommend to the Attorney- CORPORATE GOVERNANCE General the removal from offi ce of any Crown Prosecutor. During the year, the OPP’s corporate As at 30 June 2007, the committee members were: governance framework was reviewed and upgraded in several critical areas, including: • Paul Coghlan QC – Director of Public Prosecutions (chairperson) • Commencing development of a Risk • Jeremy Rapke QC – Chief Crown Prosecutor Management Project, Management • Angela Cannon – Solicitor for Public Prosecutions Framework and business plan to provide a rigorous risk management strategy in • Julian Gardner – a person appointed by the Governor in Council and Victoria’s Public implementing key business activities Advocate from February 2000 to April 2007 • Undertaking substantial updating and The Committee met once during the reporting period and discussed each of its functions, amendment of internal policies and in particular its role in establishing the various guidelines noted above. procedures to ensure the OPP is complying In relation to appearance work by OPP staff, the Committee noted that formal guidelines with legislative and common law changes and have not previously been issued. In the coming year, the Committee intends to develop keeping pace with community expectations guidelines for appearance work. Any guidelines will take into account current practices, as • Streamlining and getting better value for well as the implementation of a new early resolution initiative that will be undertaken in money in the purchase of offi ce requisites 2007/08. The OPP’s current review of briefi ng practices of the external Bar will also have by joining the Victorian Government’s an impact on the development of any appearance guidelines. Whole of Government contracts scheme. Regarding victims of crime, the Committee considered the guidelines issued in 1998 and CRIMINAL JUSTICE ENHANCEMENT agreed that further work could be undertaken in the next fi nancial year to review these, in PROGRAM light of the introduction of the Victims’ Charter and its impacts. The OPP continues to provide support for In relation to special decisions, it was noted that the number of matters requiring special the Criminal Justice Enhancement Program decisions has decreased. In 2007/08, the Committee will give further consideration to (CJEP), which aims to improve access, quality the need to issue Practice Notes relating to special decisions, given the history of special and effi ciency across the criminal justice decisions and the impact of recent legislative amendments. system through the use of information and communications technology (ICT). PAUL COGHLAN QC Director of Public Prosecutions COMMITTEES JEREMY RAPKE QC As part of its corporate governance Chief Crown Prosecutor responsibilities the following committees and meetings were held regularly in 2006/07: ANGELA CANNON Solicitor for Public Prosecutions • OH&S committee • Senior leadership meetings JULIAN GARDNER • Internal audit committee (including the Person Appointed by the Governor-in-Council Finance Committee) • Program Manager Committees

OPP ANNUAL REPORT 2006/07 PAGE 49 Our Performance

SUMMARY OF FINANCIAL PERFORMANCE A summary of the OPP’s fi nancial performance in 2006/07 is set out below. Full fi nancial details for 2006/07 are outlined in the Financial section of this report commencing on page 61. For the fi nancial year ended 30 June 2007, the Offi ce of Public Prosecutions recorded an operating surplus of $10,000. Revenue increased from 2005/06 by $5.3 million due to tied funding. Expenditure on programs such as the Specialist Sex Offence Unit resulted in total expenditure increasing proportionally by $5.3 million. Breakdowns of revenue and expenditure are set out below. Net cash fl ows from operating activities have remained stable over the last three years. Total assets and liabilities have increased from 2005/06 due to an increase in both debtors and payables resulting from improved procedures that more accurately collect information relating to outstanding counsel fees. The majority of the OPP’s assets represent property plant and equipment and the majority of liabilities represent provisions for employee entitlements.

FIVE YEAR FINANCIAL SUMMARY 2007 2006 2005 2004 2003 $’000 $’000 $’000 $’000 $’000 Total revenue 40,138 34,841 29,948 24,979 23,894 Total expenses 40,128 34,807 31,309 27,659 24,110 Net results for year 10 34 (1,361) (2,680) (216)

Net cash fl ows from operating activities 272 323 299 378 166 Total assets 6,657 3,546 3,427 3,710 4,681 Total liabilities 10,053 7,349 7,152 6,428 4,731

OFFICE OF PUBLIC PROSECUTIONS OFFICE OF PUBLIC PROSECUTIONS 2006-07 TOTAL REVENUE $’000 2006-07 TOTAL EXPENSES

57% EMPLOYEE RELATED EXPENSES 5% PROPERTY RENT AND 87% CORE FUNDING MAINTENANCE 2% WITNESS EXPENSES

2% OTHER OPERATING 13% TIED FUNDING EXPENSES

28% PROFESSIONAL SERVICES

4% OFFICE EXPENSES 1% TRAVEL & ACCOMMODATION 1% DEPRECIATION & AMORTISATION

PAGE 50 Our Performance

PROFILE OPP future career paths… DANIELLE GUESDON SOLICITOR BAIL AND BREACHES

Working at the OPP has opened up valuable experiences and opportunities for Danielle Guesdon, enabling her to consider a career as a barrister. Danielle joined the OPP in 2004 after working as an Associate in the Supreme Court. Her work within the Bail and Breaches section includes preparing affi davits for Supreme Court bail applications and appearing in matters appealed from the Magistrates’ Court. Danielle also prepares breaches of sentencing orders such as suspended sentences and community based orders. In these cases, her work also includes laying charges, effectively acting as the informant rather than the police. Danielle moved to Bail and Breaches from the Committals Advocacy section of the offi ce. “I really enjoyed the court work in the Committals section,” she says, “and the attractive part of working in the Bail and Breaches section is the advocacy work. The opportunity to appear in the Supreme Court is a high point.” One of the greatest challenges in Danielle’s work is managing the large caseload that passes through the Bail and Breaches section. “We handle a high volume of cases, which will inevitably increase as more and more sentences are handed down,” she says. “It’s certainly an ongoing challenge for the OPP to continue to stay on top of it.” Danielle also enjoys working in an environment with a high degree of autonomy and responsibility. Danielle is leaving the OPP later in the year to go to the private bar. “I am going to the private bar to obtain ongoing court experience in more complex matters,” she says, “but I value the opportunities that working in prosecutions with the OPP has provided and I have really enjoyed my work at the OPP.”

Danielle Guesdon – making a difference.

“I value the opportunities that working in prosecutions with the OPP has provided and I have really enjoyed my work at the OPP.” Danielle Guesdon Solicitor Bail and Breaches

OPP ANNUAL REPORT 2006/07 PAGE 51 Our Performance

Building a high performing workplace and becoming an employer of choice

In 2007, we commenced recruitment of fi ve several OH&S initiatives aimed at improving The OPP is committed to providing Solicitor Advocates – a new role within the employee safety and the practices involved in the modern environment our staff offi ce. Working with a designated Crown the manual handling of heavy case fi les. Prosecutor, Solicitor Advocates will initially be need to do their work effi ciently and ARTICLED CLERKSHIP PROGRAM effectively, and to meet the demands responsible for negotiating the early resolution The high quality of the OPP’s Articled of a 21st century prosecution service. of cases. They will then move on to prosecute Clerkship Program is widely recognised. During 2006/07, the OPP made extensive pleas in the County Court. The OPP plans In 2006/07, we continued to offer a changes to our practices, procedures to further develop these roles to open comprehensive program, providing Clerks and structure to improve and up a career path from solicitor to Crown with a challenging and diverse experience, modernise working conditions and to Prosecutor. including extensive casework and appearances ensure that we attract and retain the A MODERN WORK ENVIRONMENT in courts and tribunals. best people as an employer of choice. In 2006/07, the OPP completed a prototype fi t- In 2006/07, six law graduates completed out of workstations as part of the establishment their Articles and were offered ongoing of the new Specialist Sex Offences Unit, employment with the OPP. Five new Clerks completed the re-design and upgrade of a As prosecutions become increasingly complex commenced their Articles in March 2007. number of work environments and made and demanding, it is essential that the staff of improvements to facilities, equipment and In 2007, we introduced a new Assessment the OPP have the modern tools and work accommodation within the offi ce. Centre process for recruiting Articled Clerks. environment they need to do their jobs Around 150 graduates applied for admission effectively. We recognise that a high performing We are committed to building a modern to the program, with nine people being workplace is also critical to encouraging the take- information management culture within the selected by the OPP to commence Articles up of innovative work practices and to keeping offi ce and undertook a major IT refreshment in 2008. the OPP at the forefront of improvements in program in 2006/07, updating more than half the operation and administration of Victoria’s of the OPP’s PCs and laptops. PROFESSIONAL DEVELOPMENT AND CLE criminal justice system. IMPROVED HR AND OH&S PRACTICES The OPP conducted a wide-ranging professional development and Continuing RECRUITMENT During the year, the OPP conducted an Legal Education program throughout 2006/07, In 2006/07, the OPP commenced a national extensive review of Human Resources giving our staff the opportunity to learn about recruitment drive for Senior Solicitors, arrangements and practices. As a result of changes to the law, keep up to date with Solicitors and Specialist Advocates. During the the review, the OPP separated administration practices and procedures, and discuss issues of year, we also recruited a number of solicitors and facilities management from HR functions, relevance to their work. and paralegal, fi nancial and administrative incorporated staff development activities staff to the offi ce. We also reviewed and within HR and commenced the upgrading signifi cantly enhanced our recruitment of payroll and leave management systems. interviewing practices. We also established a new Performance Management system for all OPP staff. BETTER CAREER OPPORTUNITIES The OPP continues to develop more Preparations commenced for a Workload structured career paths and improve career Review, to be conducted in July 2007. Led opportunities in public prosecutions to by an independent consultant supported attract and retain talented staff. In 2006/07, by a working party of OPP and Union we introduced new promotion processes for representatives, the review will examine junior lawyers within the offi ce, enabling the workloads within the offi ce and identify OPP to offer better career opportunities for where changes can be made to improve the existing employees and more attractive career management of workloads. prospects when recruiting staff. During 2006/07, the OPP also implemented

PAGE 52 Our Performance

PROFILE

LISA MENDICINO SENIOR SOLICITOR COMMITTALS ADVOCACY

Family friendly work practices at the OPP are enabling Lisa Mendocino to successfully combine family life with her career as a solicitor. Since completing her Articles with the OPP seven years ago, Lisa has worked in several parts of the offi ce and has recently returned to part-time work in the Committals Advocacy section (CAS) after having her fi rst child. “Our primary role within CAS is the early resolution of cases,” Lisa says. “That involves negotiating with the police and defence counsel – and it also involves consulting a Crown Prosecutor as to what charges we’re willing to accept in order to obtain a guilty plea. To get this result, the informant has to be happy, the defence counsel has to be happy and the victim is also involved in the process as their opinion is always taken into account. It’s quite a balancing act at times.” Lisa enjoys the collaborative atmosphere within CAS. “We all work closely as a team and we all feel as if we are making a difference,” she says. “The added bonus for me is that I really enjoy the court work, the adrenaline of thinking on your feet and working in the law generally. I can’t imagine myself doing anything else. “When a victim of a crime comes up to me and says that they feel that there has been a just and fair outcome for what has happened to them, then there is a real sense of reward. I really feel that it is important work.” Lisa has just returned from maternity leave. “My little boy is now eleven and a half months old and coming back to work three days a week means that I can focus on my work but also spend enough time with him. It’s really important to me to be able to achieve that work life balance,” she says. Lisa praises the OPP’s support for her preference to work part-time at this stage of her career. “The OPP has been really great throughout this period,” she says. “They’ve been very supportive and generally the offi ce is very family friendly. It’s a great place to work and people are very committed to what they do. I’m very happy here.

Lisa Mendicino – making a difference.

“When a victim of a crime comes up to me and says that they feel that there has been a just and fair outcome for what has happened to them, then there is a real sense of reward.” Lisa Mendicino Senior Solicitor Committals Advocacy

OPP ANNUAL REPORT 2006/07 PAGE 53 Our Performance

PROFESSIONAL DEVELOPMENT PROGRAM The OPP’s 2006/07 professional development program covered a wide range of topics and extended across different areas of the law and legal practice. A sample of activities conducted as part of the program is listed below.

Title Issue Presenter

Changes to the Magistrates’ Court Outlining changes to committals procedures Greg Byrne, Department of Justice Committal Procedures introduced by the Courts Legislation (Jurisdiction) Act 2006 Crop houses and party drugs Drug investigations from the Victoria Police Detective Sergeant Sandra Dorman, Victoria perspective Police Crime Department

How to be a better advocate Principles of advocacy and the advocacy His Honour Magistrate Marc Sargent skills needed by prosecutors

Occupational health and safety Principles of the Occupational Health and Tom Gyorffy, Crown Prosecutor Safety Act 2004 and preparing occupational health and safety prosecutions Post-mortem radiology New directions and technologies in forensic Dr Noel Woodford, Victorian Institute of pathology Forensic Medicine

Powers of the DPP Powers and functions of the DPP Paul Coghlan QC, DPP

Practice in the County Court Issues relevant to the practice of OPP His Honour Chief Judge Michael Rozenes solicitors in the County Court

Prosecuting in the Solomons Stories and cases from a ‘tour of duty’ Simon Cooper, Crown Prosecutor prosecuting in the Solomon Islands

Refl ections on the Van Nguyen Case Comparing Victoria’s prosecutions system Julian McMahon, Barrister with Singapore and Indonesia

Sex Offences Reforms Overview of new sex offences legislative Michele Williams, Senior Crown Prosecutor, reforms and Bruce Gardner, Manager, PACA unit

Use of technology in the courtroom Presenting evidence using electronic tools Jeremy Rapke QC, Chief Crown Prosecutor and technology

Victims’ Charter Introduction to the Victims’ Charter Suzanne Whiting, Victims Support Agency, and Rachel Salter, Victoria Police

PAGE 54 Our Future Challenges

In the year ahead, the OPP will continue to work closely with stakeholders to improve the operation of the criminal justice system. OPP – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 55 Our Future Challenges

Looking ahead

with recommendations arising from the review across the OPP of Victoria’s assets confi scations scheme Over the next 12 months, the Offi ce • Develop a publications component in the of Public Prosecutions will make the • Continue to improve our use of audio visual Witness Assistance Service and compile a changes needed to move forward technologies in presenting cases in court. training manual for regional Victoria. as a high performing, modern legal practice – one that inspires REDUCING DELAYS IN THE CRIMINAL DRIVING POLICY AND LAW REFORM community trust and confi dence in JUSTICE SYSTEM In the year ahead, the OPP will: the quality, effi ciency and fairness of The OPP will continue to improve our own • Monitor the implementation of the Victims’ public prosecutions in Victoria. practices and work with other stakeholders to Charter and the Charter for Human Rights reduce delays across the system. We will: and Responsibilities • Use new Specialist Advocates to achieve • Continue to provide expert advice to earlier resolution of matters and reduce the Over the coming year, the OPP will continue stakeholders in the criminal justice system, number of cases proceeding to trial to consolidate and expand the culture of particularly Victoria Police, Department of collaboration and dedication to providing a high • Implement the briefi ngs review to improve Justice, the courts and external organisations quality prosecution service that exists within the the way in which the OPP engages and briefs • Provide assistance on the implementation offi ce – and between the OPP, Crown Prosecutors private counsel and the DPP. We will also continue to work closely of new legislation and develop systems to with Victoria Police, the courts, the Department • Continue to work with Victoria Police to monitor the impact of legislative change on the of Justice and other agencies to improve the implement strategies to reduce delays caused operation of the criminal justice system. by drug, DNA and transcript analysis operation of the criminal justice system. STRENGTHENING CORPORATE DELIVERING A HIGH QUALITY AND • Improve collaboration with other stakeholders GOVERNANCE AND CAPABILITY EFFECTIVE PROSECUTION SERVICE to reduce delays in regional Victoria Major changes to the OPP’s corporate Over the next 12 months, the OPP will fi nalise • Maintain a strong focus on early resolution governance framework, administrative functions, and implement our new organisational structure, of cases, especially at the case conference, management practices and offi ce systems will work fl ow and case management processes. committal mention and committal stage of continue over the next 12 months. We will: These new arrangements will signifi cantly prosecutions. • Complete and implement current major enhance our legal practice. We will also: • Monitor the operation of the Sexual Offences organisational reviews • Further develop our relationships with key Management list in the Magistrates’ Court. • Continue to develop the OPP Library’s legal agencies and other stakeholders in the criminal PROVIDING BETTER SUPPORT FOR information, expand the transition to online justice system VICTIMS AND WITNESSES resources and increase the offi ce’s use of internet and intranet technologies • Continue to improve prosecution services in The OPP will continue to provide support to regional Victoria. victims and witnesses of serious crime. Over the • Finalise and implement a plan for rationalising PIONEERING INNOVATIVE APPROACHES next 12 months, we will: IT services between Department of Justice and the OPP TO PROSECUTIONS • Monitor the operation of the Specialist Sex In the year ahead, the OPP will: Offences Unit to ensure that it meets the • Continue to improve our data collection and needs and concerns of victims of sexual assault analysis, and case monitoring processes. • Consolidate the operations of the Specialist Sex Offences Unit and continue to provide • Maintain our high standard of support to information and training to external agencies victims and witnesses and ensure their about the Sexual Assault Reform Package concerns are addressed in a timely and sensitive manner • Continue to expand our expertise in asset confi scations and adapt our practice to deal • Ensure compliance with the Victims’ Charter

PAGE 56 Our Future Challenges

PROFILE

AMANDA FORRESTER CROWN PROSECUTOR

BUILDING A HIGH PERFORMANCE WORKPLACE AND BECOMING AN Amanda Forrester moved from Perth to Melbourne in 2007 to take up EMPLOYER OF CHOICE a position as Crown Prosecutor, attracted by the “excellent reputation” of Over the next year, the OPP will: Victoria’s Crown Prosecutors and the opportunity to advance her career. • Continue our major recruitment drive “Advocacy is what I want to do and working as a Crown Prosecutor in Victoria gives me the chance to signifi cantly expand my advocacy experience,” • Continue to provide comprehensive says Amanda. “The Victorian service also promotes a career path for training, professional development and CLE prosecutors, meaning that you can consider a lifetime career as a prosecutor opportunities for all staff – and that is very attractive to me.” • Work to accommodate all metropolitan OPP Amanda enjoys the collegiate and supportive atmosphere within Victoria‘s staff in the one location and continue to improve Crown Prosecutors’ Chambers. “There are some amazingly qualifi ed staff amenity, health and safety people working here,” she says,” and that gives me access to a huge • Explore ways to further streamline and amount of knowledge and experience.” She also praises the support enhance Human Resources processes and provided to the Crown Prosecutors by the Offi ce of Public Prosecutions: systems. “They are very dedicated and hard working people who handle a signifi cant workload and their contribution to prosecutions is invaluable.” After nearly ten years working in prosecutions, Amanda continues to fi nd her work interesting and satisfying. “My job changes every day,” she says. “It’s unpredictable and it’s challenging. “I like being involved in the justice system. I also like the fact that we serve the community, not a particular individual. That sense of broader community responsibility makes my work very rewarding.”

Amanda Forrester – making a difference.

“My job changes everyday. It’s unpredictable and it’s challenging.” Amanda Forrester Crown Prosecutor

OPP ANNUAL REPORT 2006/07 PAGE 57 Our Future Challenges

TECHNOLOGY AND THE CRIMINAL JUSTICE SYSTEM

Information and communications technology (ICT) is rapidly changing says that technology is “changing the way we prosecute”, with more the way Victoria’s criminal justice system operates, helping to reduce and more evidence being presented using electronic visual formats. delays, increase effi ciency across the system and improve the Increasingly, it is not unusual for cases to include telephone intercepts, presentation of evidence to the courts and juries. The OPP is at the CCTV and security surveillance videos, mobile phone/digital camera forefront of these changes and is exploring new uses for ICT in its day- images and crime scene material and defendant statements all to-day operations and in its dealings with the police and the courts. presented to the court using DVD technology. Over the last decade, rapid changes have occurred in the way legal The use of audio visual technology within the courts also allows information is presented, communicated and stored within the evidence to be targeted more effectively. It allows more evidence to be Victorian justice system. Changes affecting the OPP’s work include the presented to the court in less time – a great help to juries who often establishment of an electronic case management system (PRISM), the struggle to absorb large volumes of complex information. Jari Jancar electronic transfer of depositions (eDeps), the use of DVDs in court sees prosecutors making even more effective use of technology as it and police stations, audiovisual presentations of evidence in criminal becomes a more accepted – and expected – part of hearing a case. trials, the electronic presentation of briefs and the online archiving of “Technology has an enormous part to play in the theatre, the drama of legal information. the court system,” he says. Rod Hume, Manager of the Audio Visual Unit at OPP, notes that The pace of cultural change occurring across the criminal justice there has been a signifi cant increase in the use of technology across system in the way people absorb, process and present information the criminal justice system over the last fi ve to ten years. “When I and evidence will continue to accelerate. For the OPP, the challenges in fi rst started in the OPP, there were three tape recorders and one TV managing this change include training staff, working closely with other monitor and most of the evidence was presented in written form,” he stakeholders to ensure consistency in formats and systems, and keeping says. Now, the offi ce has a suite of equipment, enabling it to deal with a up to date with the technical aspects of technologies used by law wide range of technologies and formats. enforcement agencies for electronic surveillance and investigation. Jari Jancar, Manager of the Information Technology Unit at the OPP,

PROFILE

SHANE HIGGINS AUDIO VISUAL OFFICER AUDIO VISUAL SECTION

“Challenging and fast-paced” is how Shane Higgins describes his job in the a TV monitor. Now it has to deal with DVD, CCTV, various different digital Audio Visual (AV) section of the OPP. Before coming to the OPP, Shane formats, increasing levels of work from mobile phone/camera equipment worked at the Victorian Government Reporting Service, servicing the and the rapidly increasing use of surveillance material. “We have come a audio visual equipment in the courts. “The OPP were a little short-staffed, long way, even since I’ve been here,” says Shane, “but we are up to speed so they approached me for a bit of fi ll-in work and that turned into a full from an equipment and technology perspective. However, the technology time position. So here I am,” says Shane. is changing very quickly and the demands for visual evidence are also increasing, so we certainly have some signifi cant challenges in our section As one of only two staff in the AV section, Shane works mainly on editing over the next 12 months.” the audio visual evidence that comes into the offi ce from the OPP’s lawyers. “The lawyers tell us what they need for court and we format the In the longer term, Shane would like to be involved in video editing, evidence into an appropriate format and then edit it accordingly,” says possibly in the fi lm industry. “But that is much further down the road,” he Shane. The evidence can include records of interview, Crime Scene Videos, says. For the foreseeable future, the important and varied work he is doing VATE tapes (where children are interviewed) and CCTV material. at the OPP is personally and professionally rewarding, as well as giving him a solid grounding for Shane has been with the OPP for more than three years and fi nds the job later professional and very interesting and varied. “I get to work on many different kinds of things, “Sometimes the material we see can be career challenges. so it’s always interesting,” he says. “Sometimes the material we see can be traumatic and disturbing – that can make it traumatic and disturbing – that can make it diffi cult, but it’s certainly never dull.” diffi cult, but it’s certainly never dull.” The AV section started operation years ago with three tape recorders and Shane Higgins Audio Visual Offi cer Audio Visual Section

PAGE 58 Financial Report

The OPP will continue to improve its own practices and work with other stakeholders to reduce delays across the system.

OPP – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 59 Financials Index

Operating Statement 61 Balance Sheet 62 Statement of Changes in Equity 63 Cash Flow Statement 63 Notes to the fi nancial statements Note 1 Summary of signifi cant accounting policies 64 – 65 Note 2 Output of the offi ce 66 Note 3 Net result from operations 66 Note 4 Remuneration of auditors 66 Note 5 Receivables 67 Note 6 Property, plant and equipment 67 – 68 Note 7 Payables and Accruals 68 Note 8 Interest bearing liabilities 69 Note 9 Provisions 69 Note 9(a) Employee entitlements 70 Note 10 Superannuation 70 Note 11 Equity and movements in equity 71 Note 12 Commitments for expenditure 71 Note 13 Contingent liabilities and contingent assets 71 Note 14 Leases 72 Note 15 Responsible persons 73 Note 16 Remuneration of executives 74 Note 17 Notes to cash fl ow statement 75 Note 18 Financial instruments 76 – 77 Accountable offi cer’s and chief fi nance and accounting offi cer’s declaration 78 Auditor General’s Report 79 – 80

PAGE 60 OPERATING STATEMENT For the fi nancial year ended 30 June 2007 Note 2007 2006 $’000 $’000

Income Government Grants 3(a) 40,138 34,841

Total Income 40,138 34,841

Expenses Employee benefi ts expense 3(b) (22,733) (20,623) Depreciation and amortisation expense 3(c) (445) (394) Supplies and services 3(d) (16,911) (13,741) Other expenses 0 (15) Finance costs (39) (34) Total expenses (40,128) (34,807) Net result from continuing operations 10 34

Net result for the period 10 34 The accompanying notes form part of these fi nancial statements

OPP ANNUAL REPORT 2006/07 PAGE 61 BALANCE SHEET As at 30 June 2007 Note 2007 2006 $’000 $’000

Current assets Cash and cash equivalents 17 72 71 Receivables 5 2,598 160 2,670 231 Plant and Equipment held for sale 17 0 Total current assets 2,687 231

Non-current assets Receivables 5 633 480 Property, plant & equipment 6 3,337 2,835 Total non-current assets 3,970 3,315

Total assets 6,657 3,546

Current liabilities Payables 7 3,117 1,102 Interest bearing liabilities 8,14 367 155 Provisions 9 5,570 5,178 Other 25 23 Total current liabilities 9,079 6,458

Non-current liabilities Interest bearing liabilities 8,14 341 411 Provisions 9 633 480 Total non-current liabilities 974 891

Total liabilities 10,053 7,349

Net assets (3,396) (3,803)

Equity Contributed capital 11 1,957 1,560 Reserves 11 240 240 Accumulated surplus(defi cit) 11 (5,593) (5,603)

Total equity (3,396) (3,803)

Contingent liabilities and contingent assets 13 Commitments for expenditure 12

The accompanying notes form part of these fi nancial statements

PAGE 62 STATEMENT OF CHANGES IN EQUITY For the fi nancial year ended 30 June 2007 Note 2007 2006 $’000 $’000

Total equity at beginning of fi nancial year (3,803) (3,725)

Gain/(loss) on property revaluation 11(a) 0 (115) Net income recognised directly in equity 0 (115) Net result for the period 11(c) 10 34 Total recognised income and expense for the period 10 (81) Transactions with the State in its capacity as owner 11(b) 406 3 Equity transfers within Government 11(b) (9) 0 Total equity at end of fi nancial year (3,396) (3,803)

The accompanying notes form part of these fi nancial statements

CASH FLOW STATEMENT For the fi nancial year ended 30 June 2007 Note 2007 2006 $’000 $’000

Cash fl ows from operating activities Receipts from Government 37,913 34,690 Payments to suppliers and employees (37,602) (34,333)

Interest and other costs of fi nance paid (39) (34)

Net cash provided by/(used in) operating activities 17(b) 272 323

Cash fl ows from investing activities Payments for property, plant and equipment (154) (242)

Net cash provided by/(used in) investing activities (154) (242)

Cash Flows from fi nancing activities Repayment of fi nance lease (117) (81)

Net cash provided by/(used in) fi nancing activities (117) (81)

Net increase (decrease) in cash held 1 0 Cash at the beginning of the fi nancial year 71 71

Cash and cash equivalents at the end of the fi nancial year 17(a) 72 71

The accompanying notes form part of these fi nancial statements

OPP ANNUAL REPORT 2006/07 PAGE 63 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

Statement of compliance (c) Goods and services tax The fi nancial report is a general purpose fi nancial report which has Revenues, expenses and assets are recognised net of the amount been prepared on an accrual basis in accordance with the Financial of goods and services tax (GST). The Department of Justice Management Act 1994, applicable Australian Accounting Standards, manages the GST transactions on behalf of the Offi ce of Public Interpretations and other mandatory professional requirements. Prosecutions (OPP), the GST components of OPP’s receipts Accounting Standards include Australian equivalents to International and / or payments are recognised in the Department’s fi nancial Financial Reporting Standards (‘A-IFRS’). statements. The fi nancial statements were authorised for issue by J Bafi t (Chief (d) Interest bearing liabilities Finance and Accounting Offi cer - Offi ce of Public Prosecutions) on Interest bearing liabilities are recorded initially at fair value, net of 17 September, 2007. transaction costs. Basis of preparation Subsequent to initial recognition, interest bearing liabilities are The fi nancial report has been prepared on the basis of historical cost, measured at amortised cost with any difference between the initial except for the revaluation of certain non-current assets and fi nancial recognised amount and the redemption value being recognised in instruments. Cost is based on the fair values of the consideration given profi t and loss over the period of the interest bearing liability using in exchange for assets. the effective interest rate method. In the application of A-IFRS, management is required to make (e) Borrowing costs judgements, estimates and assumptions about carrying values Borrowing costs are recognised as expenses in the period in which of assets and liabilities that are not readily apparent from other they are incurred, and include interest on fi nance lease charges. sources. The estimates and associated assumptions are based on (f) Cash and cash equivalents historical experience and various other factors that are believed to Cash and cash equivalents comprise cash on hand and cash in banks. be reasonable under the circumstances, the results of which form the basis of making judgements. Actual results may differ from these (g) Contributions by owners estimates. Additions to net assets that have been designated as contributions by owners are recognised as contributed capital. Other transfers The estimates and underlying assumptions are reviewed on an ongoing that are in the nature of contributions or distributions have also basis. Revisions to accounting estimates are recognised in the period in been designated as contributions by owners. which the estimate is revised if the revision affects only that period or in the period of the revision and future periods if the revision affects (h) Depreciation both current and future periods. Depreciation is provided on property, plant and equipment, including freehold buildings but excluding land. Depreciation is Judgements made by management in the application of A-IFRS that generally calculated on a straight-line basis so as to write off the have signifi cant effects on the fi nancial statements and estimates with net cost or other revalued amount of each asset over its expected a signifi cant risk of material adjustments in the next year are disclosed useful life to its estimated residual value. Leasehold improvements throughout the notes to the fi nancial statements. are depreciated over the period of the lease or estimated useful Accounting policies are selected and applied in a manner which life, whichever is the shorter, using the straight-line method. The ensures that the resulting fi nancial information satisfi es the concepts estimated useful lives, residual values and depreciation method are of relevance and reliability, thereby ensuring that the substance of the reviewed at the end of each annual reporting period. underlying transactions or other events is reported. The following estimated useful lives are used in the calculation of The accounting policies set out below have been applied in preparing depreciation: the fi nancial statements for the year ended 30 June 2007 and the 2007 2006 comparative information presented in the fi nancial statements for the Plant & Equipment 5 - 15 Years 5 -15 Years year ended 30 June 2006. Leasehold Improvements 10 Years 10 Years (a) Reporting entity (i) Employee benefi ts All funds through which the Offi ce controls resources to carry on Provision is made for benefi ts accruing to employees in respect of its functions have been included in this fi nancial report. wages and salaries, annual leave, long service leave, and sick leave Non-current assets when it is probable that settlement will be required and they are All non-current assets, including Crown Land, controlled by the capable of being measured reliably. Offi ce are reported in the balance sheet. Provisions made in respect of employee benefi ts are to be measured (b) Objectives and funding based on their expected settlement. Provisions that are expected The Offi ce’s objectives are to conduct an effective, economical and effi cient to be settled within 12 months are measured at their nominal prosecution service as an integral part of the criminal justice system. The values using the remuneration rate expected to apply at the time service, provided by the OPP, must meet community expectations of fairness, of settlement. Provisions that are not expected to be settled within impartiality and independence in the application of criminal law. 12 months are measured as the present value of the estimated The Offi ce is predominantly funded by grants from the future cash outfl ows to be made by the Offi ce in respect of services Department of Justice. provided by the employees up to reporting date.

PAGE 64 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

Regardless of the expected timing of settlement, provisions made in asset are not taken into account until it is virtually certain that the respect of employee benefi ts are classifi ed as a current liability unless restrictions will no longer apply. there is an unconditional right to defer the settlement of the liability During the reporting period, the Offi ce may hold cultural assets, for at least 12 months after the reporting date, in which case it is heritage assets, Crown land and infrastructures. classifi ed as a non-current liability. Provisions made for annual leave and unconditional long service leave are classifi ed as a current liability Such assets are deemed worthy of preservation because of the social where the employee has a present entitlement to the benefi t. A non- rather than fi nancial benefi ts they provide the community. The nature current liability would include long service leave entitlements accrued of these assets means that there are certain limitations and restrictions for employees with less than 7 years of continuous service. imposed on their use and/or disposal. Superannuation (l) Payables Payables are recognised when the Offi ce becomes obliged to make De fi ned contribution plans payments resulting from purchase of goods and services. Contributions to defi ned contribution superannuation plans are (m) Resources provided and received free of charge or for expensed when incurred. nominal consideration Defi ned benefi t plans Contributions of resources and resources provided free of charge The amount charged to the operating statement in respect of defi ned or for nominal consideration are recognised at their fair value. benefi t plan superannuation represents the contribution made by the Contributions in the form of services are only recognised when a fair Offi ce to the superannuation plan in respect to the current services value can be reliably determined and the service would have been of current Offi ce staff. Superannuation contributions are made to the purchased if not donated. plans based on the relevant rules of each plan. (n) Revenue recognition The Offi ce does not recognise any defi ned benefi t liability in respect Amounts disclosed as revenue are, where applicable, net of returns, of the superannuation plan because the Offi ce has no legal or allowances and duties and taxes. constructive obligation to pay future benefi ts relating to employees; its Revenue from the outputs the Offi ce provides to government is only obligation is to pay superannuation contributions as they fall due. recognised when those outputs have been delivered and the relevant The Department of Treasury and Finance administers and discloses Minister has certifi ed delivery of those outputs in accordance with the State’s defi ned benefi t liabilities in its fi nancial report. specifi ed performance criteria. (j) Leased assets (o) Revaluations of non-current assets Leases are classifi ed as fi nance leases whenever the terms of the lease Non-current physical assets measured at fair value are revalued with transfer substantially all the risks and rewards of ownership to the suffi cient regularity to ensure that the carrying amount of each asset lessee. All other leases are classifi ed as operating leases. does not differ materially from its fair value. This revaluation process Assets held under fi nance leases are recognised as assets of the Offi ce normally occurs every fi ve years at their fair value or, if lower, at the present value of the minimum Revaluation increments are credited directly to equity in the lease payments, each determined at the inception of the lease. The revaluation reserve, except that, to the extent that an increment corresponding liability to the lessor is included in the balance sheet as reverses a revaluation decrement in respect of that class of asset a fi nance lease obligation. previously recognised as an expense in the net result, the increment is Lease payments are apportioned between fi nance charges and recognised as income in determining the net result. reduction of the lease obligation so as to achieve a constant rate of Revaluation decrements are recognised immediately as expenses in interest on the remaining balance of the liability. Finance charges are the net result, except that, to the extent that a credit balance exists in charged directly against income. the revaluation reserve in respect of the same class of assets, they are Finance lease assets are amortised on a straight-line basis over the debited to the revaluation reserve. estimated useful life of the asset. Revaluation increases and revaluation decreases relating to individual Operating lease payments are recognised as an expense on a straight- assets within a class of property, plant and equipment are offset against line basis over the lease term, except where another systematic basis one another within that class but are not offset in respect of assets in is more representative of the time pattern in which economic benefi ts different classes. from the leased asset are consumed. Revaluation reserves are not transferred to accumulated surplus on (k) Non-current physical assets derecognition of the relevant assets. Land and buildings are measured at fair value. Plant, equipment and (p) Rounding of amounts vehicles are measured at cost less accumulated depreciation and Amounts in the fi nancial report have been rounded to the nearest impairment. thousand dollars, or in other cases, to the nearest dollar. Crown land is measured at fair value with regard to the property’s highest and best use after due consideration is made for any legal or constructive restrictions imposed on the land, public announcements or commitments made in relation to the intended use of the land. Theoretical opportunities that may be available in relation to the

OPP ANNUAL REPORT 2006/07 PAGE 65 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 2. OUTPUT OF THE OFFICE

Description of output group: The number of briefs prepared for hearings and the attendance at hearings on behalf of the Director of Public Prosecutions. Outcome expected: An effective, economical and effi cient prosecution service which is an integral part of the criminal justice system. As there is only one output group within the Offi ce, related revenue and expenditure is outlined in the Operating Statement.

NOTE 3. NET RESULT FROM OPERATIONS 2007 2006 $’000 $’000 Income (a) Income from Government Grants for continuing operations 40,138 34,841 40,138 34,841 Expenses (b) Employee benefi t expense Salary and wages 16,829 15,580 Superannuation 1,487 1,465 Annual leave and long services leave expense 2,594 1,984 Other on-costs (fringe benefi ts tax, payroll tax and workcover levy) 1,823 1,594 22,733 20,623 (c) Depreciation and amortisation expense Depreciation of non-current assets 148 131 Amortisation of non-current assets 297 263 445 394 (d) Supplies and Services Professional services and witness payments (i) 11,863 9,195 Rent and Property 2,069 2,035 Information Technology 354 332 Printing, Stationery & Library Expenses 717 620 Postage, Communication & Offi ce Expenses 717 634 Interpreters 290 249 Other operating expenses 886 659 Audit Services 15 17 16,911 13,741 (i) The accrual for determining counsel’s fees has increased due to improved procedures that collect more accurate information relating to outstanding counsel services.

NOTE 4. REMUNERATION OF AUDITORS 2007 2006 $’000 $’000 Victorian Auditor-General’s Offi ce Audit of the fi nancial report 15 14 15 14

PAGE 66 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 5. RECEIVABLES

2007 2006 $’000 $’000 Current Debtors 39 41 Allowance for doubtful debts (29) 0 Amounts owing from Department of Justice 2,588 119 Aggregate carrying amount of receivables 2,598 160

Non-current Amounts owing from Department of Justice 633 480 Aggregate carrying amount of receivables 633 480

NOTE 6. PROPERTY, PLANT AND EQUIPMENT 2007 2006 $’000 $’000 Land Freehold land At fair value* 740 740 740 740

Leasehold improvements Leasehold improvements - at cost 2,249 1,784 Less: Accumulated amortisation (833) (654) 1,416 1,130

Total land and leasehold improvements 2,156 1,870

Plant, equipment At cost 1,412 1,342 Less: Accumulated depreciation (945) (988) 467 354 Plant and equipment under fi nance lease (at cost) 866 685 Less: Accumulated amortisation (178) (102) 688 583

Total plant and equipment 1,155 937

3,311 2,807

Cultural assets At independent valuation ** 26 28 Total cultural assets 26 28

Total 3,337 2,835 * Valuation was carried out in June 2006. ** Valuation was carried out in May 2003.

OPP ANNUAL REPORT 2006/07 PAGE 67 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 6 PROPERTY, PLANT AND EQUIPMENT (CONTINUED)

Reconciliations Reconciliations of the carrying amounts of each of property, plant and equipment at the beginning and end of the current and previous fi nancial year are set out below: Leasehold Plant & Leased plant Freehold Land Improvements Equipment Cultural Asset & equipment at fair value at cost at cost at fair value at cost Total $’000 $’000 $’000 $’000 $’000 $’000 Balance at 1 July 2005 855 1,305 259 27 421 2,867 Additions 241 1 242 Additions Leased 247 247 Disposals - written down value (15) (15) Net revaluation increments/ (115) (115) decrements Net transfers free of charge 3 3 Depreciation/amortisation expense (178) (131) (85) (394) Balance as 1 July 2006 740 1,130 354 28 583 2,835 Additions 465 269 441 1,175 Additions Leased 0 Disposals - written down value (8) (2) (201) (211) Net revaluation increments/ 0 decrements Classifi ed as held for sale (17) (17) Net transfers free of charge 0 Depreciation/amortisation expense (179) (148) (118) (445) Balance at 30 June 2007 740 1,416 467 26 688 3,337

NOTE 7. PAYABLES AND ACCRUALS 2007 2006 $’000 $’000 Accrued Employee Benefi ts 560 330 Payables and Accruals (i) 2,557 772 3,117 1,102

(i) The accrual for determining counsel fees has increased due to improved procedures that collect more accurate information relating to outstanding counsel services. The Payables and Accruals amounts are exclusive of GST. The Department of Justice pays GST on behalf of the Offi ce. The average credit period is 30 days. No interest is charged from the date of the invoice.

PAGE 68 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 8. INTEREST BEARING LIABILITIES

2007 2006 $’000 $’000 Current Secured Finance lease liabilities (Note 14) 367 155 367 155

Non-current Secured Finance lease liabilities (Note 14) 341 411 341 411

Aggregate carrying amount of interest bearing liabilities Current 367 155 Non-current 341 411 708 566

Lease liabilities are effectively secured as the rights to the leased assets revert to the lessor in the event of default.

Assets pledged as security The carrying amounts of non-current assets pledged as security are:

Finance lease Plant and equipment under fi nance lease (Note 6) 688 583 Total non-current assets pledged as security 688 583

NOTE 9. PROVISIONS

2007 2006 $’000 $’000 Current Employee Benefi ts (Note 9(a)) 5,570 5,178

Non-current Employee Benefi ts (Note 9(a)) 633 480

Aggregate carrying amount of provisions 6,203 5,658

OPP ANNUAL REPORT 2006/07 PAGE 69 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 9(a). EMPLOYEE ENTITLEMENTS

2007 2006 $’000 $’000 Current All annual leave and LSL entitlements representing 7+ years of continuous service - Short-term employee benefi ts, that fall due within 12 months after the end of the period measured at nominal value 3,992 3,767

- Other long-term employee benefi ts that do not fall due within 12 months after the end of the period measured at present value 1,578 1,411

5,570 5,178 Non-current LSL representing less than 7 years of continuous service measured at present value. 633 480

NOTE 10. SUPERANNUATION

Government Employees’ Superannuation Fund No liability is recognised in the balance sheet for the Offi ce’s share of the State’s unfunded superannuation liability. The State’s unfunded superannuation liability has been refl ected in the fi nancial statements of the Department of Treasury and Finance. However, superannuation contributions for the reporting period are included as part of salaries and associated costs in the Operating Statement of the Offi ce. The name and details of the major employee superannuation funds and contributions made by the Offi ce are as follows:

Fund Contribution for Contribution for Contribution Contribution the Year the Year Outstanding at outstanding at 2007 2006 Year End Year End $ $ 2007 2006 $ $ Defi ned benefi t plans: State Superannuation Fund - Revised and New Schemes 582,269 588,304 0 0

Defi ned contribution plans: Vic. Super Scheme 852,338 787,359 0 0 Other private funds 52,573 89,356 0 0 Total contributions to all funds 1,487,180 1,465,019 0 0

The basis for contributions are determined by the various schemes. The requirements of the Superannuation Industry (Supervision) Act 1993 are fully complied with. All employees of the Offi ce are entitled to benefi ts on retirement, disability or death from the Government Employees’ Superannuation Fund. This Fund provides defi ned lump sum benefi ts based on years of service and fi nal average salary. The above amounts were measured as at 30 June of each year or in the case of employer contributions they relate to the years ended 30 June.

PAGE 70 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 11. EQUITY AND MOVEMENTS IN EQUITY

2007 2006 $’000 $’000 (a) Reserves Asset revaluation reserve 240 240 240 240 Movements Asset revaluation reserve Balance at the beginning of the year 240 355 Revaluation increment/(decrements) 0 (115) Balance at the end of the year 240 240

(b) Contributed Capital Contributed capital 1,957 1,560

Movements Balance at the beginning of the year 1,560 1,557 Capital contribution by Victorian State Government 406 3 Equity transfers within Government (9) 0 Balance at the end of the year 1,957 1,560

(c) Accumulated defi cit Balance at the beginning of the year (5,603) (5,637) Net result for the reporting period 10 34 Accumulated (defi cit) at the end of the fi nancial year (5,593) (5,603)

Total equity at the end of the fi nancial year (3,396) (3,803)

NOTE 12. COMMITMENTS FOR EXPENDITURE Capital commitments There are no outstanding capital commitments as at 30 June 2007 (2006 - nil)

NOTE 13. CONTINGENT LIABILITIES AND CONTINGENT ASSETS 2007 2006 $’000 $’000 Contingent liabilities Court proceedings 0 612

Contingent assets 0 0

OPP ANNUAL REPORT 2006/07 PAGE 71 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 14. LEASES

Disclosures for lessees - fi nance leases Leasing arrangements Finance leases relate to motor vehicles with lease terms of 3 years. The Offi ce has options to purchase the equipment for a nominal amount at the conclusion of the lease agreements. 2007 2006 $’000 $’000 Finance leases Commitments in relation to fi nance leases are payable as follows: Not longer than 1 year 399 582 Longer than one year and not longer than 5 years 363 35 Longer than 5 years 0 0 Minimum lease payments 762 617 Less future fi nance charges (54) (51) Present value of minimum lease payments 708 566

Included in the fi nancial statements as: Current interest bearing liabilities (Note 8) 367 155 Non-current interest bearing liabilities (Note 8) 341 411 708 566

Disclosures for lessees - operating leases

Leasing arrangements Operating leases relate to equipment and accommodation with lease terms of between 3 to 5 years, with an option to extend for a further 5 years. All operating lease contracts contain market review clauses in the event that the Offi ce exercises its option to renew. The Offi ce does not have an option to purchase the leased asset at the expiry of the lease period.

Operating leases Commitments for minimum lease payments in relation to cancellable and non cancellable operating leases are payable as follows: Not longer than 1 year 1,924 2,158 Longer than one year and not longer than 5 years 4,368 6,296 Longer than 5 years 0 0 6,292 8,454

Representing: Cancellable operating leases 56 134 Non-Cancellable operating leases 6,236 8,320 6,292 8,454

PAGE 72 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 15. RESPONSIBLE PERSONS

In accordance with the Directions of the Minister for Finance under the Financial Management Act 1994, the following disclosures are made regarding responsible persons for the reporting period. NAMES The persons who held the positions of Ministers and Accountable Offi cer in the Department and the Offi ce are as follows:

Attorney-General The Hon. Rob Hulls, MP 1 July 2006 to 30 June 2007

Acting Attorney-General The Hon. Bob Cameron, MP 1 July 2006 to 2 July 2006 The Hon. Bob Cameron, MP 8 July 2006 to 16 July 2006 The Hon. John Lenders, MLC 23 December 2006 to 1 January 2007 The Hon. Tim Pallas, MP 20 January 2007 to 21 January 2007 The Hon. Bob Cameron, MP 22 January 2007 to 11 February 2007 The Hon. John Lenders, MLC 9 May 2007 to 13 May 2007 The Hon. John Lenders, MLC 22 June 2007 to 8 July 2007

Secretary to the Department of Justice Ms Penny Armytage 1 July 2006 to 30 June 2007

Acting Secretary to the Department Ms Roslyn Kelleher 14 August 2006 to 18 August 2006 of Justice Ms Claire Noone 27 December 2006 to 5 January 2007

Accountable Offi cer Ms Angela Cannon 12 July 2006 to 30 June 2007

Acting Accountable Offi cer Stephen Carisbrooke 1 July 2006 to 11 July 2006

REMUNERATION Remuneration received or receivable by the Accountable Offi cer in connection with the management of the Offi ce during the reporting period was in the range: $180,000 - $190,000 ($150,000 - $160,000 in 2006) Ministerial remuneration is disclosed in the annual report of the Department of Premier and Cabinet. Remuneration received or receivable by the Secretary in connection with the management of the Department during the reporting period is disclosed in the annual report of the Department of Justice. OTHER TRANSACTIONS Other related transactions and loans requiring disclosure under the Directions of the Minister of Finance have been considered and there are no matters to report.

OPP ANNUAL REPORT 2006/07 PAGE 73 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 16. REMUNERATION OF EXECUTIVES

The total remuneration of the executive offi cers, other than the Accountable Offi cer, during the reporting period are shown in the fi rst two columns in the table below in their relevant income bands. The base remuneration of executive offi cers is shown in the third and fourth columns. Base remuneration is exclusive of bonus payments, long- service leave payments, redundancy payments and retirement benefi ts. A number of executive offi cers retired, resigned or were retrenched in the past year. This has had a signifi cant impact on total remuneration fi gures due to the inclusion of annual leave, long-service leave and retrenchment payments.

Income Band Total Remuneration Base Remuneration 2007 2006 2007 2006

$100,000 - $109,999 0 0 0 0 $110,000 - $119,999 0 1 0 1 $120,000 - $129,999 0 0 0 0 $130,000 - $139,999 0 0 1 0 $140,000 - $149,999 0 0 0 1 $150,000 - $159,999 0 0 0 0 $160,000 - $169,999 0 1 0 0 $340,000 - $349,999 1 0 0 0 $470,000 - $479,999 1 0 0 0

Total Numbers 2 2 1 2

Total Amount $822,829 $278,420 $131,060 $261,108

PAGE 74 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 17. NOTES TO CASH FLOW STATEMENT

Note 2007 2006 $’000 $’000 (a) Reconciliation of cash For the purposes of the Cash Flow Statement, cash includes cash on hand and in banks and investments in money market instruments, net of outstanding bank overdrafts, Cash at the end of the fi nancial year as shown in the Cash Flow Statement is reconciled to the related items in the balance sheet as follows: Cash 72 71

(b) Reconciliation of net result for the period to net cash fl ows from operating activities Net results for the period 10 34 Depreciation and amortisation 3(c) 445 394 Net loss on sale of non-current assets 10 15

Change in operating assets and liabilities Decrease (increase) in receivables 5 31 (4) Decrease (increase) in amounts due from related entities 5 (2,225) (147) Increase (decrease) in payables 7 1,454 (185) Increase (decrease) in provisions (LSL and AL) 545 234 Increase (decrease) in other liabilities 2 (18)

Net cash infl ow from operating activities 272 323

OPP ANNUAL REPORT 2006/07 PAGE 75 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 18. FINANCIAL INSTRUMENTS

(a) Credit risk exposure The Offi ce’s maximum exposures to credit risk at balance date in relation to each class of recognised fi nancial asset is the carrying amount of those assets as indicated in the Balance Sheet. (b) Interest rate risk exposure The Offi ce’s exposure to interest rate risk and the effective weighted average interest rate by maturity periods is set out in the following table. For interest rates applicable to each class of assets or liability refer to individual notes to the fi nancial statements. Exposures arise predominantly from assets and liabilities bearing variable interest rates as the Offi ce intends to hold fi xed rate assets and liabilities to maturity.

Fixed interest maturing in: Description Note Weighted Floating 1 year or Over 1 More Non- Total average Interest less $’000 to 5 years than 5 interest $’000 effective Rate $’000 years bearing interest $’000 $’000 $’000 rate 2007 Financial Assets Cash and cash equivalents 17 5.97% 72 - - - - 72 Receivables 5 - - - 10 10 Amount due from Department of Justice 5 - - - - 3,221 3,221 Total 72 - - - 3,231 3,303

Financial Liabilities Payables 7 - - - - 3,117 3,117 Interest bearing liabilities 8,14 8.72% - - - - 708 708 Total - - - - 3,825 3,825

Net Financial Assets (liabilities) 72 - - - (594) (522)

2006 Financial Assets Cash and cash equivalents 17 5.43% 71 - - - - 71 Receivables 5 - - - - 41 41 Amount due from Department of Justice 5 - - - - 599 599 Total 71 - - - 640 711

Financial Liabilities Payables 7 - - - - 1,102 1,102 Interest bearing liabilities 8,14 11.44% - - - - 566 566 Total - - - - 1,668 1,668

Net Financial Assets (liabilities) 71 - - - (1,028) (957)

PAGE 76 Notes to the Financial Statements For the financial year ended 30 June 2007

NOTE 18. FINANCIAL INSTRUMENTS (CONTINUED)

(c) Net fair value of fi nancial assets and liabilities (i) On-balance sheet The net fair value of cash and cash equivalents and non-interest bearing monetary fi nancial assets and fi nancial liabilities of the Offi ce approximates their carrying amounts. The net fair value of other monetary fi nancial assets and fi nancial liabilities is based upon market prices where a market exists or by discounting the expected future cash fl ows by the current interest rates for assets and liabilities with similar risk profi les. For non-traded equity investments, the net fair value is based on the underlying net assets, future maintainable earnings and any special circumstances pertaining to a particular investment. The carrying amounts and net fair values of fi nancial assets and liabilities at reporting date are:

2007 2006 2007 2006 Carrying Carrying Net fair Net fair amount amount value value $’000 $’000 $’000 $’000

On-balance sheet fi nancial instruments Financial assets Cash and cash equivalents 72 71 72 71 Receivables 10 41 10 41 Amount owing from Department of Justice 3,221 599 3,221 599 Non-traded fi nancial assets 3,303 711 3,303 711

Financial liabilities Payables 3,117 1,102 3,117 1,102 Interest bearing liabilities 708 566 708 588 Non-traded fi nancial instruments 3,825 1,668 3,825 1,690

Other than those classes of assets and liabilities denoted as “traded”, none of the classes of fi nancial assets and liabilities are readily traded on organised markets in standardised form.

OPP ANNUAL REPORT 2006/07 PAGE 77 ACCOUNTABLE OFFICER’S AND CHIEF FINANCE AND ACCOUNTING OFFICER’S DECLARATION

We certify that the attached fi nancial statements for the Offi ce of Public Prosecutions have been prepared in accordance with the Standing Direction 4.2 of the Financial Management Act 1994, applicable Financial Reporting Directions, Australian accounting standards and other mandatory professional reporting requirements. We further state that, in our opinion, the information set out in the Operating Statement, Balance Sheet, Statement of Changes in Equity, Cash Flow Statement and notes to and forming part of the fi nancial statements, presents fairly the fi nancial transactions during the year ended 30 June 2007 and the fi nancial position of the Offi ce at 30 June 2007. We are not aware of any circumstances which would render any particulars included in the fi nancial statements to be misleading or inaccurate.

John Bafi t Angela Cannon Chief Finance and Accounting Offi cer Solicitor for Public Prosecutions Offi ce of Public Prosecutions Offi ce of Public Prosecutions

17 September, 2007 17 September, 2007 Melbourne Melbourne

PAGE 78 AUDITOR GENERALS REPORT

OPP ANNUAL REPORT 2006/07 PAGE 79 Notes to the Financial Statements For the financial year ended 30 June 2007

AUDITOR GENERALS REPORT

PAGE 80 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

Appendices

Over the next 12 months, the OPP will fi nalise and implement our new organisational structure, work fl ow and case management processes. These new arrangements will signifi cantly enhance our legal practice. OPP – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 81 Appendices Index

Appendix 1 Output and performance measures 83 Appendix 2 Other legal functions of the DPP 83 – 84 Appendix 3 Crown appeals under s567A of the Crimes Act 1958 84 – 85 Appendix 4 Freedom of Information 85 – 86 Appendix 5 Whistleblowers Protection Act 2001 87 – 89 Appendix 6 OPP Performance in 2006 - 07 90 – 95 Appendix 7 The OPP workforce 96 – 97 Appendix 8 Occupational health and safety 97 Appendix 9 Environmental reporting 98 Appendix 10 Consultancies 99 Appendix 11 Supplementary information 99 Appendix 12 Statement on availability of other information 99 Appendix 13 Disclosure index 100 Appendix 14 Glossary 101

PAGE 82 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 1 OUTPUT AND PERFORMANCE MEASURES

Public Prosecutions Target Actual %var

Quantity Judge sitting days – County Court and Supreme Court 5600 7388 31.9% Number of appeals lodged in the Court of Appeal and the High Court 380 671 76.6 Number of fi ling hearings - Magistrates’ Court 3200 3392 6.0%

Quality Customer satisfaction1 95 90 -5%

Timelines Number of adjournments sought by the Crown in County Court and <40 0 0.0% Magistrates’ Court on the grounds of insuffi cient time to prepare Percentage of procedures not meeting statutory time limits <5 0 0.0%

1 The methodology in relation to determining this measure was changed in 2006/07

APPENDIX 2 OTHER LEGAL FUNCTIONS OF THE DPP

As well as formal prosecuting activities and appeals, the Director of Section 582 leave applications Public Prosecutions undertakes a number of other legal functions. Applications can be made to the Court of Appeal under s582 of the These are set out below. Crimes Act 1958 for leave to appeal against a conviction or sentence. Order 56 Judicial Reviews These applications are heard by a single judge. Where an application Order 56 of the Supreme Court Rules provides a procedure to review is refused by a single judge, the applicant can elect to have the matter the orders or actions of a judicial offi cer, usually on the basis of an error heard by the full Court of Appeal. The DPP represents the Crown in as to jurisdiction, a failure to exercise jurisdiction or a denial of procedural these matters. In 2006/07, 194 applications were heard by single judges fairness. The DPP uses the Order 56 procedure to review decisions in the in the Court of Appeal: 83 were granted and 41 refused. Magistrates’ Court and the County Court where the decision infringes Entry of nolle prosequi jurisdiction and is not amenable to other forms of appeal. During the year, applications for the entry of nolle prosequi submitted The Order 56 procedure is also used by unsuccessful appellants to by the legal representatives of accused persons or forwarded by Crown review a County Court appeal pursuant to s83 of the Magistrates’ Prosecutors were granted on 90 occasions, either wholly or in part. Court Act 1989, as this is the only avenue available for further appeal in Indemnities from prosecution, undertakings or letters of comfort such proceedings. A high proportion of these reviews relate to drink Director’s undertakings, indemnities or letter of comfort were issued driving prosecutions. to a total of 18 witnesses who gave evidence against 13 accused in 18 In 2006/07, two Order 56 Judicial Reviews of Magistrates’ decisions separate matters. were heard and completed in the Supreme Court, with one still Consents to prosecute pending at 30 June 2007. The DPP consented to fi le presentments in relation to six matters The DPP acted for fi ve respondent police informants in nine Order pursuant to s321 of the Crimes Act 1958. 56 Judicial Reviews of County Court appeals. Five of these appeals No applications were made to the Director to consent to the commenced in 2006/07: two proceeded to fi nal hearing and judgment, commencement of a prosecution under the Legal Profession Practice two are awaiting judgment and two were discontinued. Act 1958. The DPP reviewed two County Court trial decisions by way of Order Thirty one consents or authorities to prosecute were granted by the 56 Judicial Review. In each case, the trial judge permanently stayed a DPP to commence prosecutions in cases involving offences pursuant presentment made by or on behalf of the DPP. In each case, the DPP to ss47A, 50 or 69 of the Crimes Act 1958. was successful. Direct presentments The DPP is currently acting for the police in an Order 56 Judicial The DPP directly presented an accused person on 86 occasions. Review of a committal hearing decision. The matter is listed for hearing Interstate extraditions and transfers in November 2007. Interstate extraditions were undertaken for the return to Victoria of seven

OPP ANNUAL REPORT 2006/07 PAGE 83 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 2 OTHER LEGAL FUNCTIONS OF THE DPP (CONTINUED persons charged with various offences. In two cases, requests were made to s29(1) of the Public Prosecutions Act 1994 as the result of a possible by the Director for the interstate transfer of prisoners to Victoria. confl ict of interest. International extraditions Confi scation Act 1997 proceedings The Director formally requested the Commonwealth Attorney-General During 2006/07, the Director obtained 139 new Restraining Orders to institute the international extradition of Antonios Mokbel from Greece. and initiated 234 subsequent applications. Of the Restraining Orders This was the only international extradition requested during 2006/07. obtained, 87 contained Automatic Forfeiture as a purpose, 82 Assistance provided to the Coroner contained Compensation to victims as a purpose (a signifi cant increase In 2006/07, the OPP assisted the Coroner in eight hearings. over previous years) and 89 contained Pecuniary Penalty orders as a purpose. Three Restraining Orders were for Civil Forfeiture. Contempt of court The Director commenced eight prosecutions for contempt of court in The range of offences related to these orders included murder, drug 2006/07. traffi cking, armed robbery, money laundering, rape, incest and theft. Confl ict of interest There were no matters referred to the Attorney-General pursuant

APPENDIX 3 CROWN APPEALS UNDER s567A OF THE CRIMES ACT 1958

During 2006/07, 38 Director’s appeals pursuant to section 567A of with an undertaking, against a sentence of fi ve years and six months the Crimes Act 1958 were heard. Of those appeals, 21 were allowed imprisonment with a non-parole period of three years imposed on R.K. and 17 were dismissed. A further three appeals were abandoned. The for one count of armed robbery, one count of recklessly causing serious details of each appeal are as follows: injury and one count of false imprisonment. • The court allowed an appeal against a sentence of one year • The court dismissed an appeal against a sentence of two years imprisonment wholly suspended for three years and a concurrent imprisonment with a non-parole period of four months imposed on one-year community based order and a $200 fi ne imposed upon Alan Philip Wise for one count of aggravated burglary, one count of Polikapi Tokava for one count of intentionally causing serious injury, burglary, two counts of theft and one count of possessing a fi rearm one count of recklessly causing serious injury, one count of robbery, whilst prohibited. one count of theft and one charge of unlicensed driving. A new • The court allowed an appeal against a sentence of two years and six sentence of two years imprisonment with a non-parole period of months imprisonment with a non-parole period of one year and four one year and a $200 fi ne was substituted. months imposed on Alan James Giffen for one count of intentionally • The court dismissed an appeal against a sentence of one year causing serious injury. A new sentence of four years and six months imprisonment suspended for one year imposed upon Andrew Douglas imprisonment with a non-parole period of two years and six months for one count of aggravated burglary, one count of intentionally causing was substituted. serious injury and one count of criminal damage. • The court allowed an appeal against a sentence of two years • The court dismissed an appeal against a sentence of three years imprisonment with a non-parole period of one year and six imprisonment to be served concurrently with sentences being months imposed upon Damien Ripper for one count of recklessly served in respect of other matters, with a non-parole period of one causing serious injury. A new sentence of four years and six months year, imposed upon Daniel James Sheckelton for three counts of imprisonment with a non-parole period of two years and 6 months burglary and three counts of theft. was substituted. • The court dismissed an appeal against a sentence of one year • The court allowed an appeal, based on an alleged failure to comply imprisonment to be served by way of a one-year intensive correction with an undertaking, against a sentence of seven years imprisonment order imposed upon John Fevaleaki for one count of intentionally with a non-parole period of four years imposed upon M.M. for one causing serious injury. count of aggravated burglary and one count of armed robbery. • The court allowed an appeal against a sentence of four months A new sentence of eight years, with fi ve years cumulative on the imprisonment wholly suspended for one year and six months sentence he was already serving, with a new non-parole period of imposed upon Renato Castro for one count of recklessly causing seven years commencing on 10 October 2006, was substituted. serious injury. A new sentence of 10 months imprisonment wholly • The court dismissed an appeal against a sentence of four years and suspended for two years was substituted. nine months imprisonment with a non-parole period of two years • The court allowed an appeal against a sentence of four years and nine months imposed upon Mohamed Ali Mekal for six counts imprisonment with a non-parole period of three years, two months of armed robbery, fi ve counts of false imprisonment and one count imposed upon Anthony Andrew Spiteri for three counts of armed of common assault. robbery and one count of theft. A new sentence of six years • The court allowed an appeal against a sentence of one year imprisonment with a non-parole period of four years was substituted. imprisonment with a non-parole period of six months imposed upon • The court dismissed an appeal, based on an alleged failure to comply Richard Alexander Ross for one count of intentionally causing serious

PAGE 84 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 3 CROWN APPEALS UNDER s567A OF THE CRIMES ACT 1958 (CONTINUED

injury and one count of recklessly causing injury. A new sentence of • The court dismissed an appeal against a sentence of four years and three years imprisonment with a non-parole period of one year and one month imprisonment with a non-parole period of one year and six months was substituted. seven months imposed upon Christopher John Ciantar for one count • The court allowed an appeal against a sentence of four years and of culpable driving, one charge of failing to stop after an accident and six months imprisonment with a non-parole period of two years one charge of failing to render assistance. and three months imposed upon Marcus Stephen Johnstone • The court dismissed appeals against sentences of a $50,000 fi ne for two counts of culpable driving and one count of negligently without conviction imposed upon each of Yarra Valley Water Ltd and causing serious injury. A new sentence of six years and nine months Blaxland Pacifi c Pty Ltd for one count each of failing to provide a safe imprisonment with a non-parole period of three years and three work environment. months was substituted. • The court allowed an appeal against a sentence of one year and • The court allowed an appeal against a sentence of one year and six fi ve months imprisonment with a non-parole period of fi ve months months imprisonment with a non-parole period of six months and imposed upon D.L. for one count of taking part in an act of sexual a $100 fi ne imposed upon Brett Andrew Lothian for one count of penetration with a child under 16 years of age. A new sentence of intentionally causing serious injury and one count of theft. A new two years and six months imprisonment with a non-parole period of sentence of three years imprisonment with a non-parole period of one 18 months was substituted in respect of D.L. The court also year and six months and a $100 fi ne was substituted. • The court dismissed an appeal against a sentence of one year and six months imprisonment with a non-parole period of nine months imposed upon Phillip Sean Morgan for one count of burglary and one count of recklessly causing injury.

APPENDIX 4 FREEDOM OF INFORMATION

Compliance with the Freedom of Information Act 1982 when they are allocated a fi le number. All details of the accused, The Offi ce of Public Prosecutions is subject to the Freedom of addresses, sureties and witnesses are entered. Further information is Information Act 1982 (the Act). added as the matter progresses. A paper based case fi le is maintained in Particulars of the functions and organisation of the OPP are set out elsewhere every matter conducted on behalf of the Director of Public Prosecutions. in this Annual Report. The OPP’s website (www.opp.vic.gov.au) provides These fi les contain court documents and records of all communications additional information that might also be of assistance in this regard. and work undertaken in the particular matter. Further information can be obtained from the Act, the various The Bail and Breaches section maintains a spreadsheet of bail regulations made under that Act and by visiting www.foi.vic.gov.au. applications, which records applications in chronological order from the date of receipt of documents into the Offi ce. This section also maintains Freedom of Information requests during 2006/07 an index of fi les of breaches of non-custodial orders. The Offi ce of Public Prosecutions received 26 requests under the Freedom of Information Act 1982 from 1 July 2006 to 30 June 2007. The Policy, Advisings and Court of Appeal section maintains an electronic The results of these requests were as follows: database that records all matters handled by this section. The Human Resources section maintains an alphabetical index of all Requests transferred to Victoria Police 2 persons employed in the Offi ce, which also includes a brief work history Requests transferred to other Agencies 0 of each employee. Request relating to documents not held 1 The Requisitions Book maintains a record of each order as it is raised, its allocated number and details of the order, such as cost. Access granted in full or in part 12 The Accounts Register (Non-Professional Assistance Register) is a register of Access denied in full or in part 0 recurring expenditure (e.g. photocopying machine rental). An entry is raised Further particulars sought in relation to request 2 each time an invoice is received or goods supplied to the Offi ce. Access not fi nalised at end of reporting period 8 The Professional Assistance Register is an alphabetical ledger of all barristers Request withdrawn 1 briefed by the OPP, specialists, psychiatrists, court reporting, accountants Total 26 and other professional assistance and contains details of claims made for payment after appearances at court or provision of service. Categories of documents held by the OPP The Fixed Assets Register is a register of all assets owned by the Offi ce, including a description, cost and location of each item. The Offi ce maintains electronic and paper based fi les. The computerised case management system, PRISM, provides a complete The Director’s Files cover a variety of subjects, including where the fi le registration and fi le management system. Files are initially recorded Director’s consent is required to prosecute a matter, advice given on

OPP ANNUAL REPORT 2006/07 PAGE 85 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 4 FREEDOM OF INFORMATION (CONTINUED) various legal matters, answers given to public inquiries and newspaper Amendment of personal records clippings on particular cases. After a document containing information relating to the personal Administrative fi les contain material relevant to general offi ce issues affairs of a person has been released to that person, or in the case and contain reports, correspondence and fi le notes for subjects such of a deceased person, that person’s next of kin, the applicant can as Freedom of Information legislation and transfer of fi les to the Public request the correction of any information held on the fi le where it is Records Offi ce. considered that this information is inaccurate, incomplete or gives a misleading impression. Access to documents The Freedom of Information Act 1982 aims to make the maximum Requests for amendments must be made in writing and must specify:- amount of information available to Victorians, promptly and • an address for service of notices; inexpensively. To facilitate this aim, applications must be as specifi c and • particulars of why the person making the request believes the as precise as possible to enable quick identifi cation and searching for information to be incomplete, incorrect, out-of-date or misleading; the relevant documents. and Access to information held by the OPP may only be obtained through • the amendments he or she wishes to be made. written request to the Offi ce’s Freedom of Information Offi cer. Delegated offi cers handle the processing and determination of the Where the Offi ce accedes to the request, the record may be either application. The Solicitor for Public Prosecutions handles any request altered or amended by annotation. Where the Offi ce refuses to make for internal review. the amendment, it must notify the applicant in writing of the decision, advising of: An applicant may request photocopies of documents and/or inspect specifi c documents at the Offi ce by arrangement, or by other access (a) the fi ndings on any material questions of fact, the material on which arrangements that may be appropriate to the application. Applicants those fi ndings were based and the reasons for the decision; should provide a telephone number as a point of contact for the (b) the name and designation of the person making the decision; and Freedom of Information Offi cer to clarify or discuss matters relating to the request. (c) the applicant’s rights of review to the Administrative Appeals Tribunal in respect of the decision. The OPP can refuse to release all or part of a document if it contains information that is exempt under the Act. The Act outlines general If the Tribunal affi rms the Offi ce’s decision, the applicant may insist categories of information that are exempt, including information that a notation be made to the record specifying why he or she claims relating to the personal affairs of third parties, information provided the information it contains is incomplete or otherwise inaccurate. The in confi dence, information which if released might endanger the lives notation then becomes part of the document and may be disclosed or physical safety of individuals, Cabinet documents, commercial-in- pursuant to the Act. confi dence information and internal working documents, the release of Nominated Offi cer/Contact Offi cer which would be contrary to the public interest. Requests for access to documents in the Offi ce of Public Prosecutions Where the OPP decides to deny access to all or part of a document, under the Freedom of Information Act 1982 may be directed to: it will advise the applicant of the decision and the reasons for Freedom of Information Offi cer the decision in an ‘Access Decision’ letter. If the applicant wishes Offi ce of Public Prosecutions to challenge a decision of the OPP, he or she may appeal to the 9th Floor, 565 Lonsdale Street Administrative Appeals Tribunal or to the Ombudsman if making a MELBOURNE VIC 3000 complaint about the way the request has been handled. Charges under the Act The Act specifi es that access to information be provided at the lowest reasonable cost. Charges are: • Application fee – a request must be accompanied by payment of $21 • Search fee – $20 per hour or part thereof (minimum fee of $5) • Supervision fee – $10 per hour (where a document is inspected by an applicant at the Offi ce) • Photocopy fee – $0.50 per A4 page • Deposits – a deposit of $25 may be requested before the Offi ce will grant access if the calculated charge does not exceed $100. If the calculated charge exceeds $100, a deposit of 50 per cent of the calculated charge may be requested. Some charges may be waived in certain circumstances: for example, where the applicant is impecunious or the information was accessed in the public interest.

PAGE 86 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 5 WHISTLEBLOWERS PROTECTION ACT 2001

The Offi ce of Public Prosecutions is committed to the aims and objectives The Offi ce of Public Prosecutions will ensure all fi les, whether paper of the Whistleblowers Protection Act 2001 (the Act). It does not tolerate or electronic, are kept in a secure room and can only be accessed improper conduct by its employees or offi cers or the taking of reprisals by the protected disclosure coordinator and investigator. All printed against those who come forward to disclose such conduct. material will be kept in fi les that are clearly marked as a Whistleblower The Offi ce recognises the value of transparency and accountability Protection Act matter, and warn of the criminal penalties that apply in its administrative and management practices and supports the to any unauthorised divulging information concerning a protected making of disclosures that reveal corrupt conduct, conduct involving a disclosure. All electronic fi les will be produced and stored on a stand- substantial mismanagement of public resources or conduct involving a alone computer and be given password protection. substantial risk to public health and safety or the environment. Natural justice The OPP will take all necessary steps to protect people who make The principles of natural justice will be followed in any investigation of such disclosures from any detrimental action in reprisal for making the a public interest disclosure. The principles of natural justice concern disclosure. It will also afford natural justice to the person who is the procedural fairness and ensure a fair decision is reached by an subject of the disclosure. objective decision maker. Maintaining procedural fairness protects the rights of individuals and enhances public confi dence in the process. Compliance with the Whistleblowers Protection Act 2001 This section of the Annual Report contains information that is required • The person who is the subject of the disclosure is entitled to to be published annually under section 104 of the Whistleblowers know the allegations made against him/her and must be given the Protection Act 2001 (the Act): right to respond. • The current procedures established by the OPP are set out below. • If the investigator is contemplating making a report adverse to the interests of any person, that person should be given the opportunity • The OPP has received no disclosures during the year. to put forward further material that may infl uence the outcome of the • The OPP has not referred any disclosures to the Ombudsman for report and that person’s defence should be fairly set out in the report, determination as to whether they are public interest disclosures • All relevant parties should be heard and all submissions should during the year. be considered. • The Ombudsman has not referred any disclosed matters to the OPP • The investigator or any decision maker should not have personal or during the year. direct interest in the matter being investigated. • The OPP has not referred any disclosed matters to the Ombudsman • All proceedings must be carried out fairly and without bias. Care to investigate during the year. should be taken to exclude perceived bias from the process. • The Ombudsman has not taken over any investigation of disclosed • The investigator must be impartial in assessing the credibility of the matters from the OPP during the year. whistleblowers and any witness. Where appropriate, conclusions as • The OPP has made no request under s74 of the Act to the to credibility should be included in the report. Ombudsman to investigate disclosed matters during the year. Conduct of the investigation • The OPP has not declined to investigate a disclosed matter during The investigator will make contemporaneous notes of all discussions the year. and phone calls, and all interviews with witnesses will be taped. All • There have been no disclosed matters that were substantiated on information gathered in an investigation would be stored securely. investigation. There has been no action required to be undertaken Interviews will be conducted in private and the investigator will take arising from an investigation, since there have been no investigations. all reasonable steps to protect the identity of the whistleblower. Where disclosure of the identity of the whistleblower cannot be • The Ombudsman has not made any recommendation under the Act avoided, due to the nature of allegations, the investigator will warn the that relates to the OPP. whistleblower and his/her welfare manager of this possibility. Confi dentiality It is in the discretion of the investigator to allow any witness to The Offi ce of Public Prosecutions will take all reasonable steps to have legal or other representation or support during an interview. protect the identity of the whistleblower. Maintaining confi dentiality is If a witness has a special need for legal representation or support, crucial in ensuring reprisals are not made against a whistleblower. permission should be granted. The Act requires any person who receives information due to the Referral of an investigation to the Ombudsman handling or investigation of a protected disclosure, not to disclose that The protected disclosure coordinator will make a decision regarding information except in certain circumstances. Disclosure of information the referral of an investigation to the Ombudsman where, on the in breach of section 22 of the Whistleblowers Protection Act 2001 advice of the investigator: constitutes an offence that is punishable by a maximum fi ne of 60 penalty units ($6000) or six month imprisonment. • the investigation is being obstructed by, for example, the non cooperation of key witnesses; or The Act prohibits the inclusion of particulars in any report or recommendation that is likely to lead to the identifi cation of the • the investigation has revealed conduct that may constitute a person who is the subject of the disclosure in any particulars criminal offence. included in an annual report.

OPP ANNUAL REPORT 2006/07 PAGE 87 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 5 WHISTLEBLOWERS PROTECTION ACT 2001 (CONTINUED)

Managing the welfare of the whistleblower reported, the protected disclosure coordinator will assess the report The Offi ce of Public Prosecutions is committed to the protection of as a new disclosure under the Act. Where the protected disclosure genuine whistleblowers against detrimental action taken in reprisal coordinator is satisfi ed that the disclosure is a public interest for the making of protected disclosures. The protected disclosure disclosure, he/she will refer it to the Ombudsman. If the Ombudsman coordinator is responsible for ensuring whistleblowers are protected subsequently determines the matter to be a public interest disclosure, from direct and indirect detrimental action, and that the culture of the the Ombudsman may investigate the matter or refer it to another workplace is supportive of protected disclosures being made. body for investigation as outlined in the Act. The protected disclosure coordinator will appoint a welfare manager Whistleblowers implicated in improper conduct to all whistleblowers who have made a protected disclosure. The Where a person who makes a disclosure is implicated in misconduct, welfare manager will: the Offi ce of Public Prosecutions will handle the disclosure and protect • Examine the immediate welfare and protection needs of a the whistleblower from reprisals in accordance with the Whistleblowers whistleblower who has made a disclosure, seek to foster a Protection Act 2001, the Ombudsman’s guidelines and these supportive work environment procedures. The OPP acknowledges that the act of whistleblowing should not shield whistleblowers from the reasonable consequences • Inform the whistleblower of the legislative and administrative fl owing from any involvement in improper conduct. Section 17 of protection available to them the Act specifi cally provides for a person’s liability for his or her own • Listen and respond to any concerns of harassment, intimidation or conduct under the Act. However, in some circumstances, an admission victimisation in reprisal for making a disclosure may be a mitigating factor when considering disciplinary or other action. • Keep a contemporaneous record of all aspects of the case management of the whistleblower including all contact and follow-up action The Solicitor for Public Prosecutions will have the fi nal decision as to whether disciplinary or other action will be taken against a • Discuss with the whistleblower what would be a realistic expectation whistleblower. Where disciplinary or other action relates to conduct for the outcome of an investigation of the disclosure. that is the subject of the whistleblower’s disclosure, the disciplinary All employees will be advised that it is an offence for a person to or other action will only be taken after the disclosed matter has been take detrimental action in reprisal for a protected disclosure. The appropriately dealt with. maximum penalty is a fi ne of 240 penalty units ($24,000) or two years In all cases where disciplinary or other action is being contemplated, the imprisonment or both. The taking of detrimental action in breach of Solicitor must be satisfi ed that it has been clearly demonstrated that: this provision can also be grounds for making a disclosure under the Act and can result in an investigation. • the intention to proceed with disciplinary action is not causally connected to the making of the disclosure (as opposed to the Detrimental action includes: content of the disclosure or other available information); • causing injury, loss or damage; • there are good and suffi cient grounds that would fully justify action • intimidation or harassment; or against any non-whistleblower in the same circumstances; and • discrimination, disadvantage or adverse treatment in relation to a • there are good and suffi cient grounds that justify exercising any person’s employment, career, profession, trade or business (including discretion to institute disciplinary or other action. the taking of disciplinary action). The protected disclosure coordinator will thoroughly document Keeping the whistleblower informed the process including recording the reasons why the disciplinary or The protected disclosure coordinator will ensure the whistleblower other action is being taken, and the reasons why the action is not in is kept informed of action taken in relation to his/her disclosure and retribution for the making of the disclosure. The protected disclosure the time frames that apply. The whistleblower will be informed of coordinator will clearly advise the whistleblower of the proposed the objectives of an investigation, the fi ndings of an investigation and action to be taken, and of any mitigating factors that have been taken the steps taken by the OPP to address any improper conduct that into account. has been found to occur. The whistleblower will be given reasons for Management of the person against whom a disclosure has been made decisions made by the OPP in relation to a protected disclosure. The Offi ce of Public prosecutions recognises that employees Occurrence of detrimental action against whom disclosures are made must also be supported during If a whistleblower reports an incident of harassment, discrimination or the handling and investigation of disclosures. The OPP will take all adverse treatment that would amount to detrimental action taken in reasonable steps to ensure the confi dentiality of the person who is reprisal for the making of the disclosure, the welfare manager will: the subject of the disclosure during the assessment and investigation • record details of the incident; process. Where investigations do not substantiate disclosures, the fact that the investigation has been carried out, the results of the • inform the whistleblower of his/her rights under the Act; and investigation, and the identity of the person who is the subject of the • advise the protected disclosure coordinator of the detrimental action. disclosure will remain confi dential. The taking of detrimental action in reprisal for the making of a The protected disclosure coordinator will ensure the person who is the disclosure can be an offence against the Act as well as grounds subject of any disclosure investigated by or on behalf of a public body is: for making a further disclosure. Where such detrimental action is

PAGE 88 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 5 WHISTLEBLOWERS PROTECTION ACT 2001 (CONTINUED)

• informed as to the substance of the allegations; Ombudsman for investigation • given the opportunity to answer the allegations before a fi nal • The number and types of investigations taken over from the O.P.P. by decision is made; the Ombudsman • Informed as to the substance of any adverse comment that may be • The number of requests made by a whistleblower to the included in any report arising from the investigation; and Ombudsman to take over an investigation by the OPP • has his or her defence set out fairly in any report. • The number and types of disclosed matters that the O.P.P. has declined to investigate Where the allegations in a disclosure have been investigated, and the person who is the subject of the disclosure is aware of the allegations • The number and types of disclosed matters that were substantiated or the fact of the investigation, the protected disclosure coordinator upon investigation and the action taken on completion of the will formally advise the person who is the subject of the disclosure of investigation and the action taken on completion of the investigation the outcome of the investigation. • Any recommendations made by the Ombudsman that relate to the The O.P.P. will give its full support to a person who is the subject of a Offi ce of Public Prosecutions. disclosure where the allegations contained in a disclosure are clearly wrong or unsubstantiated. If the matter has been publicly disclosed, the Solicitor for Public Prosecutions will consider any request by that person to issue a statement of support setting out that the allegations were clearly wrong or unsubstantiated. Criminal offences The Offi ce for Public Prosecutions will ensure offi cers appointed to handle protected disclosures and all other employees are aware of the following offences created by the Act. 1. It is an offence for a person to take detrimental action against a person in reprisal for a protected disclosure being made. The Act provides a maximum penalty of a fi ne of 240 penalty units ($24,000) or two years imprisonment or both. 2. It is an offence for a person to divulge information obtained as a result of the handling or investigation of a protected disclosure without legislative authority. The Act provides a maximum penalty of 60 penalty units ($6,000) or six months imprisonment or both. 3. It is an offence for a person to obstruct the Ombudsman in performing his responsibilities under the Act. The Act provides a maximum penalty of 240 penalty units ($24,000) or two years imprisonment or both. 4. It is an offence for a person to knowingly provide false information under the Act with the intention that it is acted on as a disclosed matter. The Act provides a maximum penalty of 240 penalty units ($24,000) or two years imprisonment or both. Collating and publishing statistics The protected disclosure coordinator will establish a secure register to record the information required to be published in the annual report, and to generally keep account of the status of whistleblower disclosures. The register will be confi dential and will not record any information that may identify the whistleblower. The register will contain the following information: • The number and types of disclosures made to the Offi ce of Public Prosecutions during the year • The number of disclosures referred to the Ombudsman for determination as to whether they are public interest disclosures • The number and types of disclosed matters referred to the O.P.P. by the Ombudsman for investigation • The number and types of disclosures referred by the O.P.P. to the

OPP ANNUAL REPORT 2006/07 PAGE 89 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07

TRIALS CONDUCTED 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Melbourne County Court 267 239 216 212 340 355 341 302 Melbourne Supreme Court 39 39 30 49 49 32 43 42 Circuit Supreme and County Courts 136 117 108 100 135 124 118 101 Total Trials 442 395 354 361 524 511 502 445

NUMBER OF TRIALS IN THE COUNTY COURT (MELB) SUPREME COURT (MELB) AND CIRCUIT (CC AND SUPREME COURTS)

400 MELBOURNE COUNTY COURT 350 MELBOURNE SUPREME COURT, 300 CIRCUIT SUPREME AND COUNTY COURTS

250 COUNTY COURTS

NUMBER 200

150

100

50

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR

PLEA OF GUILTY HEARINGS CONDUCTED 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Melbourne County Court 1021 1022 916 965 1089 1005 828 966 Melbourne Supreme Court 56 49 37 28 43 48 63 62 Circuit Supreme and County Courts 238 229 226 256 212 197 218 222 Total 1315 1300 1179 1249 1344 1250 1109 1250

PLEAS OF GUILTY HEARINGS CONDUCTED IN THE COUNTY COURT, SUPREME COURT AND CIRCUIT

1200 MELBOURNE COUNTY COURT

1000 MELBOURNE SUPREME COURT, CIRCUIT SUPREME AND COUNTY COURTS

800 COUNTY COURTS

NUMBER 600

400

200

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR

PAGE 90 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 (CONTINUED)

CASE OUTCOMES AS A % OF TOTAL DISPOSALS 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Guilty Pleas Pre-Trial 63.6 66.4 68 68.1 60.5 57 55.9 64.1 Guilty Pleas Listed as Trials 6.7 5.8 5.3 5.7 9.8 10 9.3 9.4 Guilty Pleas (Total) as a % of Disposals 70.3 72.2 73.3 73.8 70.3 67 65.2 73.5 Trial - Conviction 14 14.4 14 12.9 16.1 15 17.1 14.6 Trial - Acquittal 9.6 8.1 8 8.4 11.3 12 12.2 11 Trials (Total) as a % of Disposals 23.6 22.5 22 21.3 27.4 27 29.3 25.6 Other Disposals 6.1 5.3 4.7 4.9 2.3 6 5.5 0.9 Guilty as a % of Trial Outcomes 59.3 64.1 64 60.7 58.8 56 58.4 56.9 Acquittals as a % of Trial Outcomes 40.7 35.9 36 39.3 41.2 44 41.6 43.1 Guilty Outcome as a % of Total Cases 84.3 86.6 87.3 86.7 86.4 82 82.3 88

JUDGE SITTING DAYS (EXCLUDES CIRCUIT) 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Supreme Court 679 652 558 752 817 809 1158 1123 County Court 3723 3568 3486 3777 4640 4558 4733 4929 4402 4220 4044 4529 5457 5367 5891 6052

JUDGE SITTING DAYS IN THE SUPREME AND COUNTY COURTS (MELBOURNE) 5000 SUPREME COURT,

COUNTY COURTS 4000

3000

NUMBER 2000

1000

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR

OPP ANNUAL REPORT 2006/07 PAGE 91 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 (CONTINUED)

APPEALS TO COURT OF APPEAL, HIGH COURT AND SUPREME COURT 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Court of Appeal/Supreme Court 227 231 252 281 279 296 302 290 High Court 7 7 2 7 6 10 11 9

APPEALS TO COURT OF APPEAL, HIGH COURT AND SUPREME COURT

400 COURT OF APPEALS/SUPREME COURT 300 HIGH COURT 250

200 NUMBER

150

100

50

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR

COUNTY COURT APPEALS COMPLETED 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Melbourne 1497 1424 1398 1645 1565 1620 1587 1862 Circuit Courts 521 469 442 577 640 628 542 402 Total 2018 1893 1840 2222 2205 2248 2129 2264

COUNTY COURT APPEALS COMPLETED

2500 MELBOURNE

2000 CIRCUIT COURTS

1500 TOTAL

NUMBER 1000

500

50

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR

PAGE 92 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 (CONTINUED)

CONTESTED COMMITTALS 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Number of Contests 1005 890 1025 1228 1290 1378 1468 1387

CONTESTED COMMITTALS 1600 NUMBER OF CONTESTS

1400

1200

1000

800 NUMBER 600

400

200

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR

PROSECUTOR APPEARANCE RATES 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Total available court days 4677 4538 4151 4222 4077 3862 3751 4580 Actual days in Court 2450 2306 1825.5 2218 2428 2106 1904 2216 % appearance days/available days (as per the annual report) 52.38% 50.82% 43.88% 52.53% 59.55% 54.50% 50.80% 48.38%

PROSECUTOR APPEARANCE RATES

5000 TOTAL AVAILABLE COURT DAYS 4500

4000 ACTUAL DAYS IN COURT

3500

3000

NUMBER 2500

2000

1500

1000

500

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR

OPP ANNUAL REPORT 2006/07 PAGE 93 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 (CONTINUED)

EXPENDITURE ON EXTERNAL COUNSEL FEES AS A PERCENTAGE OF TOTAL RECURRENT EXPENDITURE 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Counsel fees 3,710,000 4,138,788 5,031,000 4,830,242 6,829,637 7,189,758 8,609,021 10,670,000 Total Expenditure 21,477,000 21,921,108 22,477,000 23,943,457 27,495,512 31,177,283 34,791,934 40,089,000 % 17.27% 18.88% 22.38% 20.17% 24.84% 23.06% 24.74% 26.62%

EXPENDITURE ON EXTERNAL COUNSEL FEES AS A PERCENTAGE OF TOTAL RECURRENT EXPENDITURE

30.00% COUNSEL FEES AS A % OF EXPENDITURE (AR)

25.00%

20.00%

NUMBER 15.00%

10.00%

5.00%

0.00% 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR

TOTAL COUNSEL APPEARANCE COSTS AS A PERCENTAGE OF TOTAL RECURRENT EXPENDITURE 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Appearance Costs 6,363,000 6,828,109 7,782,000 7,859,016 9,837,972 10,474,106 12,273,586 14,552,823 Total Expenditure 21,477,000 21,921,108 22,477,000 23,943,457 27,495,512 31,177,283 34,791,934 40,089,000 % 29.63% 31.15% 34.62% 32.82% 35.78% 33.60% 35.28% 36.30%

TOTAL COUNSEL APPEARANCE COSTS AS A PERCENTAGE OF TOTAL RECURRENT EXPENDITURE

40.00% APPEARANCE COSTS AS A % OF EXPENDITURE (AR) 35.00%

30.00%

25.00%

NUMBER 20.00%

15.00%

10.00%

5.00%

0.00% 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR

APPROXIMATE AVERAGE COST PER MATTER PROSECUTED EXPRESSED IN FULL COST AND ACCRUAL TERMS 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Approximate cost 2,785 2,973 3,022 2,968 3,276 3,644 4,314 5,236

PAGE 94 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 (CONTINUED)

BRIEFS PREPARED AND HEARINGS ATTENDED 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2000 01 02 03 04 05 06 07 Briefs Prepared and Hearings Attended 49,020 50,097 52,800 56,525 64,767 66,413 67,570 69,183 Average number per staff 248.8 249.2 258.7 271.8 305.5 281.0 301.7 312.2

BRIEFS PREPARED AND HEARINGS ATTENDED

70,000 BRIEFS PREPARED 60,000

50,000

40,000 NUMBER

30,000

20,000

10,000

0 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07

YEAR

WITNESS STATISTICS WITNESS ASSISTANCE CASE REFERRALS BY CATEGORY WITNESS ASSISTANCE CASE REFERRALS WITH SPECIAL NEEDS Category Number of case referrals Special Needs Number of case referrals Adult Sexual Assault 258 Child 10-16 551 Armed Robbery 28 Child under 10 114 Arson 2 Drug, Alcohol and Substance User 41 Attempted Murder 38 Hearing Impaired 11 Burglary 18 Intellectual Disability 52 CSA - Adult 171 NESB 129 CSA - Child 334 Other 27 Coroner’s Inquest 1 Physical Disability 50 Cuplable Driving 55 Pychiatric Disability 58 Dangerous Driving Causing Death 5 Requires Interpreter 45 Fraud 12 Sight Impaired 3 Murder-Mental Impairment Review 21 Murder/Homicide 135 Other 46 Physical Assault - Adult 157 Physical Assault - Child 14 Theft 11 Threat to Kill 10

OPP ANNUAL REPORT 2006/07 PAGE 95 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 7 THE OPP WORKFORCE

As an offi ce holder with the functions of an Agency Head under the Public Administration Act 2004, the Solicitor for Public Prosecutions reports in compliance with the Directions issued by the Commissioner of the State Services Authority pursuant to s45(1)(d) of the Act. The Offi ce of Public Prosecutions forms part of the Justice portfolio and generally applies the same employment processes as those applying within the Department of Justice. In relation to the specifi c reporting requirements set out in the Commissioner’s Directions, the position is as follows:

PROFILE OF OPP WORKFORCE AGGREGATE WORKFORCE DATA AS AT 30 JUNE 2007 Employment Status Male Female Total Staff Variation from 2005/06 Permanent 77 133.7 210.7 -12.2 Temporary 3.6 8.3 11.9 +8.1 Casual ---- TOTAL 80.6 142 222.6 -4.1 Notes 1 Includes only staff on the payroll as at 30 June 2007 2 Staffi ng fi gures have been expressed as full time equivalents (FTE) 3 Staffi ng fi gures include one Executive Offi cer 4 Staffi ng fi gures do not include Governor in Council appointees. (Director, Solicitor, Crown Prosecutors) 5 Staffi ng fi gures include Articled Clerks

CLASSIFICATIONS BY GENDER AS AT 30 JUNE 2007 Full-Time Part-Time Class. Male Female Total Variation Male Female Total Variation TOTAL from from FTE 2005/06 2005/06 Sen Tech Spec 1 0 1 1 0.0 0.0 0.0 0.0 1 Grade 6 25 16 41 -2 0.6 4.4 5 +1.5 46 Grade 5 27 20 47 +5 0.0 8.4 8.4 +3 55.4 Grade 4 7 17 24 -3 0.0 0.6 0.6 0.0 24.6 Grade 3 8 29 37 -7 0.0 1.4 1.4 +0.6 38.4 Grade 2 9 39 48 +15 0.0 1.8 1.8 -0.8 49.8 Grade 1 2 3 5 -16 0.0 1.4 1.4 -0.4 6.4 TOTAL 79 124 203 -7 0.6 18 18.6 +4.7 221.6 Notes 1 Includes all temporary staff 2 Figures do not include 21 Governor-In-Council appointees 3 Figures do not include one Executive Offi cer PROFILE OF EXECUTIVE OFFICERS BY GENDER AS AT 30 JUNE 2007 Classifi cation Male Variation from Female Variation from Total Variation from 2005/06 2005/06 2005/06 E0-3 1 -1 - - 1 -1 E0-2 ------E0-1 ------Total 1 -1 - - 1 -1

PAGE 96 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 7 THE OPP WORKFORCE (CONTINUED)

MERIT AND EQUITY PROGRAMS Selecting on merit Upholding public sector conduct The Solicitor for Public Prosecutions made two appointments without The code of Conduct issued by the Commissioner of the State general advertisement during 2006/07. These appointments were as Services Authority under s.45(1)(d) of the Public Administration Act a result of appointing candidates to positions with identical duties and 2004 has been issued to all existing staff and is provided to all new requirements to those of positions advertised in the Victorian Public appointees. A Code of Conduct for OPP staff is also published in the Service Notices. Offi ce Manual. There was also one appointment made due to the specialist nature of All employees of the Offi ce with current or future responsibilities the position. for purchasing goods and/or services or contracting external service Reviewing personal grievances providers have attended or are progressively attending relevant The Offi ce of Public Prosecutions received three Personal Grievance Applications contract management courses. This ensures that staff have a clear during 2006/07, all of which were related to promotional opportunities. understanding of probity and integrity issues and relevant processes. Managing and valuing diversity Employee relations The Offi ce of Public Prosecutions was unable to continue to The OPP is a party to the Public Sector Enterprise Partnership participate in the Government’s Youth Employment Initiative due to Agreement. During 2006/07, senior management have continued to lack of suitable accommodations, but may participate again in 2007/08. meet with representatives of the Community and Public Sector Union Over the past six years, the OPP has conducted varied training (CPSU) to keep them informed of various issues at the OPP. programs that have enabled trainees to gain experience and exposure There have been no industrial disputes during the year. to a number of administrative areas within the Offi ce. Declaration of pecuniary interest All new appointees to the OPP are included in a formal two-day Senior staff and other relevant staff have met the requirements of Induction Program. The program includes the provision of information declaring any pecuniary interest. relating to the Victorian Public Service Code of Conduct and other aspects of employment.

APPENDIX 8 OCCUPATIONAL HEALTHY AND SAFETY

In accordance with the Occupational Health and Safety Act 2004 and • Continued to provide an Employee Assistance Program, which the Offi ce of Public Prosecutions Human Resource Management provides short term professional counselling and consulting for staff Policies and Guidelines, the Offi ce continues to endeavour to provide a (and members of their immediate families) who face problems of a working environment for all staff members and visitors that is safe and personal, family related or employment nature without risk to health. • Continued to provide fi nancial assistance to staff who, due to the The OPP has established an OH&S Committee, comprising nine computerisation of the offi ce, require spectacles for their use of members of staff and four management representatives, to: computers • improve cooperation in instigating, developing and carrying out • Continued to provide an Infl uenza Vaccination Program to reduce measures designed to ensure the occupational health and safety of the possibility of staff suffering infl uenza staff, and • Reviewed the number and requirements of First Aid Offi cers and • formulate, review and disseminate the standards, rules and provided additional training and equipment where necessary procedures relating to occupational health and safety that must be • Continued to provide a Manual Handling training course for staff carried out or complied with in the OPP workplace. engaged in lifting or carrying heavy fi les This Committee meets monthly or as needed. • Continued to regularly review all During 2006/07, the OPP: – policies and procedures relating to OH&S key performance indicators • Arranged for all OH&S Committee representatives to attend a fi ve – reporting registers of injuries and causes of accidents day intensive OH&S training course to provide them with knowledge and awareness of current OH&S initiatives and practices, and – WorkCover claims methods and tools to address all potential issues that may effect the – rehabilitation and early return to work practices. wellbeing of staff and visitors to the Offi ce A further reduction in the OPP’s WorkCover Insurance premiums • Developed a Manual Handling Risk Register and defi ned measures to over the past 12 months demonstrates the benefi ts of creating a safer, eradicate or minimise any identifi ed manual handling risk healthier workplace. • Engaged a contractor to develop, train and monitor staff in evacuation and emergency procedures

OPP ANNUAL REPORT 2006/07 PAGE 97 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 9 ENVIRONMENTAL REPORTING

Commitment to sustainable practices • Endeavoured to reduce production of paper depositional material by The Offi ce of Public Prosecutions has continued our efforts to reduce providing information in an electronic format energy consumption, use environmentally sustainable products and • Separated waste products into recyclable and non-recyclable items. develop sustainable strategies. The OPP has: Environmental report for 2006/07 • Continued to provide offi ce waste paper to Visy Recycling to This environmental report covers two Offi ce of Public Prosecutions manufacture cardboard and recycled paper offi ce locations1, where over 99 per cent of offi ce-based staff members • Maintained a re-cycling program for all computer printer cartridges are located. This information has been prepared in accordance with • Continued to install and replace, when required, a sensor lighting the Financial Reporting Directions issued by the Minister for Finance system throughout the OPP that turns lighting off when not in use (FRD24B). Measure Total 2006/07 Energy2 Units of energy (megajoules) used per Full Time Employee3 (FTE) 5,803 Units of energy used per unit of offi ce space (megajoules per m2) 206 Total energy usage (gigajoules) 1,445 Associated greenhouse gas emissions4 (tonnes of CO2 equivalent) 468 Units of Green Power purchased (kWh) 48,166 Expenditure on Green Power ($) 1,912 Paper Total units of paper (reams) 9,722 Units of paper per FTE (reams) 39 Transportation Fuel consumption (gigajoules)5,6 1,938 Fuel consumption per FTE (gigajoules) 7.78 Associated greenhouse gas emissions from passenger vehicle use (tonnes of CO2 equivalent)7,8 147 Associated greenhouse gas emissions from passenger vehicle use per FTE (tonnes of CO2 equivalent) 0.59 Passenger vehicle trip kilometres associated with OPP operations 435,821 Passenger vehicle trip kilometres associated with OPP operations per FTE 1,750 Percentage of employees regularly (>75% of work attendance days) using public transport, cycling or walking to and from work9 82 Waste Production10 Units generated per FTE (kg) 90 Units of waste recycled (kg) 10,485 Water Consumption11 Units of water consumed per FTE (litres) 18,242 Total units of water (litres) 4,542,210

Notes 1. Calculations based on 565 Lonsdale Street and 575 Bourke Street, 8. The Victorian Government invests in activities such as tree planting and fuel Melbourne. switching to offset the CO2 emissions from its vehicle fl eet. Contracting the 2. Includes tenancy light and power use at both OPP CBD offi ces. Due to supply of offsets for all Victorian Government vehicles is the responsibility leasing arrangements, base building energy consumption is not reported. of the Department of Sustainability and Environment. Offsetting is done in 3. The OPP’s FTE as at 30 June 2007 is used for environmental reporting. arrears and is based on actual fuel usage data. 4. Calculated using the Australian Greenhouse Offi ce (AGO) Greenhouse 9. Derived from a survey of OPP employees based in 565 Lonsdale Challenge Workbook. Street, Melbourne. 5. Calculation includes all executive and operational OPP vehicles. 10. Excludes confi dential paper. 6. Gigajoules determined from fuel consumption (litres) using EPA Victoria’s 11. Data was provided by Jones Lang LaSalle (on behalf of the Department Vehicle Greenhouse Calculator. of Treasury and Finance, owner of 565 Lonsdale Street) and Knight Frank 7. Greenhouse gas emissions calculated from fuel consumption (litres) using (building agent for 575 Bourke Street) and apportioned from total building EPA Victoria’s Vehicle Greenhouse Calculator. water consumption by fl oor area.

PAGE 98 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 10 APPENDIX 12 CONSULTANCIES STATEMENT ON AVAILABILITY OF OTHER INFORMATION

Disclosure Statement In compliance with the requirements of the Ministerial Directions of the Summary of consultancies engaged in 2006/07: Minister for Finance, details in respect of the information items listed A. Consultancies with a value greater than $100,000 below have been retained by the Offi ce of Public Prosecutions and are Number of engagements Nil available to the relevant Ministers, Members of Parliament and the public B. Consultancies less than $100,000 (subject to freedom of information requirements, if applicable). However, in Number of engagements 5 adopting best practice disclosure policies and to ensure that the Offi ce of Total value of expenditure (excluding GST) $288,565 Public Prosecutions discharges its accountability obligations, where relevant, details about some of the following items have been disclosed within this Report of Operations. APPENDIX 11 a) a statement that declarations of pecuniary interest have been SUPPLEMENTARY INFORMATION duly completed by all relevant offi cers of the Offi ce of Public Prosecutions AUDIT COMMITTEE b) details of shares held by senior offi cers as nominee or held Members benefi cially in a statutory authority or subsidiary Independent Members c) details of publications produced by the Offi ce of Public Prosecutions R. Elvins – Chairman about its activities and where they can be obtained M. Carter – Non-Executive Member d) details of changes in prices, fees, charges, rates and levies charged by OPP Members the Offi ce of Public Prosecutions for its services, including services Rod Gray – Manager, Corruptions that are administered Heidi Meehan – Acting Executive Manager, Corporate Services e) details of any major external reviews carried out in respect of the Regular Attendees operation of the Offi ce of Public Prosecutions John Bafi t – Finance Manager Ray Turnley – Manager, Internal Audit Department of Justice f) details of any other research and development activities undertaken Representatives of the Auditor-General’s Offi ce by the Offi ce of Public Prosecutions that are not otherwise covered in this Report of Operations or in a document which contains the Audit Committee Charter – fi nancial report and Report of Operations Function, Role and Duties of the Audit Committee The role and responsibilities of the Audit Committee and its members g) details of overseas visits undertaken including a summary of the are set out in the Audit Committee Charter. objectives and outcomes of each visit The Audit Committee provides advice to the Solicitor to assist in h) details of major promotional, public relations and marketing activities the effective discharge of responsibilities prescribed in the Financial undertaken by the Offi ce of Public Prosecutions to develop Management Act 1994 and Audit Act 1994 and other relevant legislation. community awareness of the services provided by the Offi ce of Public Prosecutions The main responsibilities of the Audit Committee are to: i) details of assessments and measures undertaken to improve the • Review and report independently to the Solicitor on the annual occupational health and safety of employees, not otherwise detailed report and all other fi nancial information published by the Offi ce in the Report of Operations • Assist the Solicitor in reviewing the effectiveness of the Offi ce’s j) a general statement on industrial relations within the Offi ce of Public internal control environment covering: Prosecutions and details of time lost through industrial accidents – effectiveness and effi ciency of operations; and disputes, which is not otherwise detailed in the Report of Operations – reliability of fi nancial reporting; and k) a list of major committees sponsored by the Offi ce of Public – compliance with applicable laws and regulations Prosecutions, the purposes of each committee and the extent to • Determine the scope of the internal audit coverage and ensure which the purposes have been achieved. that its resources are adequate and used effectively, including This information is available from: coordination with the external auditors Offi ce of Public Prosecutions • Oversee the effective operation of risk management framework. 565 Lonsdale Street Melbourne VIC 3000 Phone No: (03) 9603 7666

OPP ANNUAL REPORT 2006/07 PAGE 99 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 13 DISCLOSURE INDEX

The Annual Report of the Offi ce of Public Prosecutions is prepared in accordance with all relevant Victorian Legislation. This index has been prepared to facilitate identifi cation of the Offi ce’s compliance with statutory disclosure requirements. Legislation Requirements Page ref Ministerial Directions Report of Operations - FRD Guidance Charter and purpose FRD 22B Manner of establishment and the relevant Ministers 13, 73 FRD 22B Objectives, functions, powers and duties 10, 13 FRD 22B Nature and range of services provided 10 –18 Management and structure FRD 22B Organisational structure 17 Financial and other information FRD 22B Operational and budgetary objectives and performance against objectives 90 – 95 FRD 22B Statement of workforce data and merit and equity 96 – 97 FRD 22B Occupational Health and Safety 97 FRD 15B Executive offi cer disclosure 73 FRD 22B Summary of the fi nancial results for the year 50 FRD 22B Major changes or factors affecting performance 21 – 54 FRD 22B Subsequent events 21 – 54 FRD 22B Application and operation of Freedom of Information Act 1982 85 – 86 FRD 22B Application and operation of the Whistleblowers Protection Act 2001 87 – 89 FRD 22B Details of consultancies over $100,000 99 FRD 22B Details of consultancies under $100,000 99 FRD 24B Reporting of offi ce-based environmental impacts 98 FRD 22B Statement of availability of other information 99 FRD 10 Disclosure index 100 Financial Statements SD 4.2(b) Operating Statement 61 SD 4.2(b) Balance Sheet 62 SD 4.2(a) Statement of Changes in Equity 63 SD 4.2(b) Cash fl ow Statement 63 SD 4.2(c) Accountable offi cer’s declaration 78 SD 4.2(c) Compliance with Australian accounting standards and other 64 authoritative pronouncements SD 4.2(c) Compliance with Ministerial Directions 64 – 65 SD 4.2(d) Rounding of amounts 65 Other disclosures in notes to the fi nancial statements FRD 21A Responsible person and executive offi cer disclosures 73 Legislation Freedom of Information Act 1982 85 – 86 Whistleblowers Protection Act 2001 87 – 89 Financial Management Act 1994 64, 99 Audit Act 1994 99

PAGE 100 Appendices to the OPP Annual Report 2006-07 For the financial year ended 30 June 2007

APPENDIX 14 GLOSSARY

AGO Australian Greenhouse Offi ce A-IFRS Australian Equivalent to International Financial Reporting Standards AL Annual Leave AV Audio Visual CAS Committals Advocacy Section CCTV Closed-Circuit Television CJEP Criminal Justice Enhancement Program CLE Continuing Legal Education CPSU Community and Public Sector Union CSA Child Sexual Assault DOJ Department of Justice DPP Director of Public Prosecutions eDeps Electronic Transfer of Depositions EO Executive Offi cer EPA Environment Protection Authority ESD Ethical Standards Department FRD Financial Reporting Direction FTE Full Time Equivalent HR Human Resources ICT Information and Communications Technology JCV Judcial College of Victoria LSL Long Service Leave MLC Member of Legislative Council NESB Non-English Speaking Background OH&S Occupation Health and Safety OPI Offi ce of Police Integrity OPP Offi ce of Public Prosecutions PACA Policy, Advisings and Court of Appeal Section PRISM Prosecution Recording Information Systems and Management QC Queen’s Counsel SC Senior Counsel SD Standing Direction Sen Tech Spec Senior Technical Specialist VAGO Victorian Auditor-General’s Offi ce VATE Video Audio Taping of Evidence VLRC Victorian Law Reform Commission WAS Witness Assistance Service

OPP ANNUAL REPORT 2006/07 PAGE 101 Offi ce of Public Prosecutions 565 Lonsdale Street Melbourne VIC 3000 Phone No: (03) 9603 7666 Fax No: (03) 9603 7430 www.opp.vic.gov.au