Joint Study Into ACT Policing June 05

ABCD

ACT Government and Australian Federal Police

Joint Study into ACT Policing Policing for the Future

June 2005 This report contains 243 pages Joint Study into ACT Policing 26June05.doc

Disclaimer

In accordance with our policy, KPMG and John Valentin & Associates are obliged to advise that neither KPMG, John Valentin & Associates, nor any member or employee undertakes responsibility in any way to any organisation other than the ACT Government and the Australian Federal Police in respect of information set out in this report. This includes any errors or omissions arising through negligence or other cause.

KPMG and John Valentin & Associates have relied on discussions and documentation provided by the ACT Government and the Australian Federal Police under the terms of the engagement. While we have reviewed available documentation for reasonableness, we have not conducted a detailed audit of the documents and information which were inputs to the results in this report.

Contents

1 Executive Summary 1

2 Recommendations 9

3 Introduction 13 3.1 Background to the Study 13 3.2 Terms of Reference 16 3.3 Project Approach 17 3.4 Steering Committee 18 3.5 Project phases and timelines 20

4 Policing in the ACT 21 4.1 The ACT environment 21 4.2 Legislative and Administrative Framework 23 4.3 Perceptions of Uniqueness of Policing in the ACT 28

5 Governance 32 5.1 Present Arrangements for ACT Policing 32 5.2 Arrangements in Other Jurisdictions 34 5.3 Intergovernmental Agreement vs. Purchaser/Provider Contract 36 5.4 ACT Auditor-Generals Report 37 5.5 Strategic oversight of Policing Services 38 5.6 The Future Policing Arrangement 40 5.7 Recommendations 45

6 Police Resourcing 46 6.1 Introduction 46 6.2 Current Resource Profile 47 6.3 ACT Policing Resourcing Reviews 50 6.4 Analysis of Performance Information 65 6.5 Basis for Determining Personnel Numbers 88 6.6 Opportunities for Efficiencies 95 6.7 Summary 98 6.8 Recommendations 98

7 Reporting Arrangements and Financial Control 100 7.1 Current Arrangements 100 7.2 Assessment of Current Reporting Arrangements and Financial Controls 103 7.3 Current Performance Measures 106 7.4 Policing Numbers 107 7.5 Price of Policing Services, Billing and Payment Arrangements 108 7.6 Recommendations 108

8 Infrastructure and Facilities Management 110 8.1 Overview 110 8.2 Ownership, Maintenance and Funding 111 8.3 Management and Planning 113 8.4 Recommendations 113

9 Commonwealth Activity 114 9.1 Activity Surveys 115 9.2 Prospective Forecasting & Budgeting 117 9.3 Actual Recording of Commonwealth Activity 118 9.4 Conclusions 119 9.5 Recommendations 120

10 Organisational Structure 121 10.1 Overview 121 10.2 Present Structure 122 10.3 The Unified Workforce 126 10.4 Specialist Response and Security 130 10.5 The Police Citizens Youth Club 131 10.6 Alternatives to Providing and Funding Services 135 10.7 Recommendations 136

11 Enabling Services 137 11.1 Transparency 139 11.2 Forensic Services 140 11.3 Information Technology 144 11.4 Commonwealth Variances 147 11.5 Recommendations 148

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12 PROMIS Data System 149 12.1 PROMIS Overview 149 12.2 ACT Policing Usage of PROMIS 150 12.3 Responsiveness of Data Access 150 12.4 Data Functionality and Integrity 151 12.5 Recommendations 152

13 Conclusion 153

A. Study Consultations 154

B. Glossary 157

C. ACT Policing Arrangement 2000-2005 159

D. ACT Purchase Agreement 2004/05 169

E. ACT Policing WAP Methodology 183

F. ACT Policing Prioritisation Approach 189

G. Model Notes 197 National Comparator Model 197 Relative Input Efficiency Model 199

H. Performance Tables and Graphs 200 Crime Statistics 200 Staffing of policing services 212 Community Satisfaction 214 Financial data 220 Clearance Rates 222 Other performance information 228

Figures

Figure 1: Project Methodology ...... 17 Figure 2: Project activities and timeline ...... 20 Figure 3: ACT Policing Staff and ACT Population ...... 47 Figure 4: Total staff per 100,000 population (ACT and the national average) ...... 48 Figure 5: Current ACT Policing Resource Establishment 2002/03 to 2004/05 ...... 49 Figure 6: ACT Policing PROMIS activities ...... 52 Figure 7: ACT Policing non-PROMIS activities and resources required...... 54 Figure 8: Summary of WAP findings...... 54 Figure 9: Total staff per 100,000 of population ...... 56 Figure 10: Additional services identified by ACT Policing...... 58 Figure 11: Resource shortage estimated by ACT Policing ...... 64 Figure 12: Real expenditure (less revenue from own sources and payroll tax, 2003/04 dollars) ...... 66 Figure 13: Real expenditure per capita (less revenue from own sources and payroll tax, 2003/04 dollars) ...... 67 Figure 14: Real expenditure per FTE (less revenue from own sources and payroll tax, 2003/04 dollars) ...... 68 Figure 15: Total offences in the ACT (1990/91 to 2003/04)...... 70 Figure 16: Assault offences (excluding sexual) ...... 70 Figure 17: Sexual assault offences...... 70 Figure 18: Total offences against the person...... 70 Figure 19: Robbery and extortion offences...... 70 Figure 20: Burglary offences...... 70 Figure 21: Fraud and misappropriation offences ...... 71 Figure 22: Theft or illegal use of vehicle offences...... 71 Figure 23: Other theft offences ...... 71 Figure 24: Total burglary, fraud and other offences of theft...... 71 Figure 25: Property and environmental damage offences ...... 71 Figure 26: Offences against good order ...... 71 Figure 27: Offence categories 1990/91 to 2003/04...... 72 Figure 28: Recorded victims of homicide and related offences ...... 74 Figure 29: Recorded victims of robbery offences ...... 74

Figure 30: Recorded victims of assault offences ...... 74 Figure 31: Recorded victims of sexual assault offences...... 74 Figure 32: Recorded victims of total unlawful entry with intent (UEWI) offences...... 74 Figure 33: Recorded victims of motor vehicle theft...... 74 Figure 34: Recorded victims of other theft offences ...... 75 Figure 35: Victims of Recorded Crime (ACT and the national average)...... 75 Figure 36: Percentage of offences cleared ...... 78 Figure 37: ACT Policing response time targets and average response times ...... 80 Figure 38: ACT Policing performance against response time targets...... 81 Figure 39: General satisfaction with policing services (satisfied and very satisfied).....83 Figure 40: Time lost to mental stress as a percentage of total time lost...... 85 Figure 41: ACT Policing staff experience levels ...... 86 Figure 42: National Comparator Model...... 90 Figure 43: Indicators used in sample calculation ...... 91 Figure 44: National Comparator Model sample results...... 92 Figure 45: Indicators used in Relative Input Efficiency calculation ...... 94 Figure 46: Relative Input Efficiency Calculations...... 94 Figure 47: ACT/JACS Policing Asset Summary ...... 111 Figure 48: % Activity Attributed to Commonwealth...... 116 Figure 49: Commonwealth Split 2001-2004...... 117 Figure 50: ACT Policing Organisational Structure ...... 122 Figure 51: Police staff by sworn/unsworn status, 2003-04 ...... 129 Figure 52: Sworn/unsworn staff as a percentage of total staff (ACT and the national average)...... 129 Figure 53: Enabling Services and Costs (2003/04) ...... 137 Figure 54: Enabling Services Costs...... 139 Figure 55: Forensic Services Attribution Basis ...... 141 Figure 56: Forensic Services Alternative Basis for Attribution ...... 142 Figure 57: Comparative Assessment of Personnel Numbers Using Different Methodologies...... 143 Figure 58: Catalyst 2001 IT Enabling Costs Per User ...... 145 Figure 59: AFP IT Catalogue of Services June 2003...... 146 Figure 60: Recorded offences in the ACT...... 200

Figure 61: Total recorded offences in the ACT ...... 201 Figure 62: Recorded assault offences in the ACT ...... 201 Figure 63: Recorded sexual assault offences in the ACT...... 202 Figure 64: Recorded offences against the person in the ACT ...... 202 Figure 65: Recorded robbery and extortion offences in the ACT...... 203 Figure 66: Recorded burglary offences in the ACT...... 203 Figure 67: Recorded fraud and misappropriation offences in the ACT...... 204 Figure 68: Recorded theft or illegal use of vehicle offences in the ACT ...... 204 Figure 69: Recorded other theft offences in the ACT ...... 205 Figure 70: Recorded burglary, fraud and other offences of theft in the ACT ...... 205 Figure 71: Recorded property damage and environmental theft offences...... 206 Figure 72: Recorded offences against good order in the ACT...... 206 Figure 73: Victims of recorded crime (ACT and the national average) ...... 207 Figure 74: Recorded victims of homicide and related offences (ACT and the national average)...... 208 Figure 75: Recorded victims of robbery offences (ACT and the national average) ....208 Figure 76: Recorded victims of Assault offences (ACT and the national average).....209 Figure 77: Recorded victims of sexual assault offences (ACT and the national average) ...... 209 Figure 78: Recorded UEWI victims (ACT and the national average)...... 210 Figure 79: Recorded victims of stolen motor vehicle offences (ACT and the national average)...... 210 Figure 80: Recorded victims of other theft offences ...... 211 Figure 81: Total staff in the ACT ...... 212 Figure 82: Sworn and unsworn staff in the ACT ...... 212 Figure 83: Total staff per 100,000 population (ACT and the national average) ...... 213 Figure 84: ACT Policing staff experience levels ...... 213 Figure 85: Community satisfaction data (ACT and the national average)...... 214 Figure 86: General satisfaction with policing services (2001/02 to 2003/04)...... 215 Figure 87: General satisfaction with policing services (1996/97 to 2000/01)...... 215 Figure 88: General dissatisfaction with policing services (2001/02 to 2003/04) ...... 216 Figure 89: General dissatisfaction with policing services (1996/97 to 2000/01) ...... 216 Figure 90: General satisfaction with policing services (contact during last 12 months) 2001/02 to 2002/03 ...... 217

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Figure 91: General satisfaction with policing services (contact during last 12 months) 1996/97 to 2000/01 ...... 217 Figure 92: Percentage who agree police perform their job professionally ...... 218 Figure 93: Percentage satisfied how police deal with public order problems...... 218 Figure 94: Percentage satisfied with police support for community programs...... 219 Figure 95: Real expenditure (less revenue from own sources and payroll tax, 2003/04 dollars) ...... 220 Figure 96: Real expenditure per capita (less revenue from own sources and payroll tax, 2003/04 dollars) ...... 221 Figure 97: Real expenditure per FTE (less revenue from own sources and payroll tax, 2003/04 dollars) ...... 221 Figure 98: Percentage of offences cleared in the ACT ...... 222 Figure 99: Percentage of offences cleared in the ACT ...... 223 Figure 100: Comparative clearance rates (2003/04) ...... 223 Figure 101: Armed robbery offences cleared within 30 days by offender proceeded against ...... 224 Figure 102: Unarmed robbery offences cleared within 30 days by offender proceeded against ...... 224 Figure 103: UEWI property offences cleared in 30 days by offender proceeded against ...... 225 Figure 104: UEWI other offences cleared in 30 days by offender proceeded against 225 Figure 105: Sexual assault offences cleared in 30 days by offender proceeded against ...... 226 Figure 106: assault offences cleared in 30 days by offender proceeded against ...... 226 Figure 107: Motor vehicle theft offences cleared in 30 days by offender proceeded against ...... 227 Figure 108: Other theft offences cleared in 30 days by offender proceeded against..227 Figure 109: Legislative requirements not complied with by ACT Policing...... 228 Figure 110: Time lost to mental stress as a percentage of total time lost...... 233 Figure 111: ACT Policing response time targets and average response times ...... 233 Figure 112: ACT Policing performance against response time targets...... 234

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1 Executive Summary

Background

1. On 17 May 2004 the then Australian Capital Territory (ACT) Minister for Police and Emergency Services, Mr Bill Wood MLA, and the Commissioner of the Australian Federal Police (AFP), Mr Mick Keelty APM, announced the terms of a joint study to map the future policing needs of the ACT. The objective of the study was to examine the future challenges, needs and opportunities for community policing services for the ACT. The timing of the study reflected the requirement for the renewal in 2005 of the Policing Arrangement, between the Commonwealth and ACT Governments for the provision of policing services in the ACT.

2. The Policing for the Future Study, jointly funded by the ACT Government and the AFP, was based on eight specific terms of reference covering a wide range of policing aspects – governance arrangements, police resourcing, financial reporting, infrastructure and asset management, Commonwealth activity, organisational structure, enabling services and information management.

3. A Steering Committee, consisting of representatives of the AFP, ACT Policing, the ACT Department of Justice and Community Safety and ACT Treasury was established at the commencement of the study.

4. A Working Group, established by the Steering Committee, consisting of senior officers of the AFP, ACT Policing, the ACT Department of Justice and Community Safety, ACT Treasury and the Joint Project Team, conducted extensive discussions on and reviews of the working drafts.

5. The following sections provide a brief overview of policing in the ACT, and summarise the Study’s findings with respect to the individual terms of reference.

Policing in the ACT

6. The ACT represents the smallest policing jurisdiction in Australia with the lowest number of police and police per capita in Australia. The characteristics of a national capital distinguish it from other capital cities and the policing arrangements in the ACT necessarily cater for those differences at both operational and managerial levels. Consequently policing in the ACT is concurrently provided by the AFP to two governments, in one geographical location - as a budget funded agency for the Commonwealth Government and under a legislated/cost recovery arrangement for the ACT Government. The ACT Government makes annual budget appropriations (as expenditure on behalf of the Territory) to meet the costs of ACT Policing.

7. Most aspects of policing in the ACT are largely identical in character to the other Australian jurisdictions and the full range of police capabilities is as essential to the ACT community as it is to other communities in Australia.

8. The crime profile and trends drawn from data within the ACT Policing PROMIS system point to a major increase in levels of offending from 1990 to 1999/2000, followed by a containment of that trend for two years, then followed by a resurgence in crime levels in some (but not all) categories. However while that data shows that ACT crime levels have increased by some 92% since 1990, ACT Policing staff levels have remained relatively static in that period. There have been increases in staff levels since 1990, however they have been of a lesser magnitude than increases in crime levels.

9. Alternative data from the Australian Bureau of Statistics Recorded Crime – Victims series is also considered. However the two sets of data are not comparable because of inherent differences. The Recorded Crime – Victims series is based on a count of victims of a range of selected offences whereas PROMIS records the full range of offences reported to police. PROMIS does not however allow for recording of multiple victims against an offence, thus resulting in some undercounting of offences, particularly property offences.

10. The limited data available from the Recorded Crime – Victims series indicates that:

• The number of recorded victims of homicide and related offences per 100,000 in the ACT has increased by 47% from 1.7 in 1993 to 2.5 in 2003, but has been significantly below the national average in every year;

• The number of recorded victims of robbery offences per 100,000 in the ACT increased by 61% from 38.4 in 1993 to 62.0 in 2003, but has remained below the national average;

• The number of recorded victims of assault offences per 100,000 in the ACT has increased by 35% from 455.7 in 1995 to 615.2 in 2003, but has remained below the national average;

• The number of recorded victims of sexual assault offences per 100,000 in the ACT has increased by 45% from 27.1 in 1993 to 39.3 in 2003, but has remained below the national average;

• The number of recorded victims of Unlawful Entry with Intent (UEWI) offences per 100,000 in the ACT has fallen by 14% from 1904.4 in 1993 to 1638.2 in 2003, and was above the national average in 1999 and 2000, but below the national average in other years;

• The number of recorded victims of motor vehicle theft offences per 100,000 in the ACT has increased by 41% from 560.6 in 1993 to 789.8 in 2003, and has been above the national average each year since 1998; and

• The number of recorded victims of other theft offences per 100,000 in the ACT has fallen by less than 1% from 3385.8 in 1995 to 3366.9 in 2003, and has been above the national average every year except 2001 and 2002.

Governance arrangements

11. The provision of policing services to the ACT is determined by the Australian Federal Police Act 1979, wherein the functions of the AFP are:

‘the provision of police services in relation to the Australian Capital Territory, subject to subsection 1A, that where arrangements are entered into between the respective Ministers of each government, the provision of policing services shall be in accordance with those arrangements.’

12. The Policing Arrangements have provided for subordinate annual Purchase Agreements between the Chief Minister or Minister for Police and Emergency Services of the ACT Government and the Chief Police Officer of the ACT. The Purchase Agreements reflect the range of policing services to be provided against key performance indicators at a specified cost to the ACT Government.

13. ACT Policing operates and interacts with the ACT Government in a similar manner to police in other Australian jurisdictions. However, the circumstances of the relationship between an arm of a Commonwealth agency which provides its services to another government (with necessarily different emphases and priorities to the Commonwealth) suggest there is continuing need for the current governance mechanisms provided through the Policing Arrangement and Purchase Agreements and some scope for enhancements in those arrangements.

14. In May 2004 the ACT Auditor-General’s Office furnished to government a performance audit report on The Administration of Policing Services which reviewed the management of the arrangements by which the Territory acquires, pays for and monitors the provision of policing services. Because of the links between the Audit and the Policing for the Future Study, the findings and recommendations of the Audit were considered during the course of this study.

15. There are fundamental Commonwealth legislative requirements which determine that the AFP will be the provider of policing services to the ACT, and that ensure the AFP (through ACT Policing) observes the Commonwealth’s cost-recovery principles.

16. Through extensive discussions with representatives of ACT Policing and the Department of Justice and Community Safety, the Study identified no preferable alternatives to the present governance arrangements embodied in the Policing Arrangement and subordinate Purchase Agreements. All feasible alternatives proposed and discussed were ultimately simply variations to the current arrangements but without substantial enhancements.

17. Consequently the focus of the study has been on identifying refinements and improvements rather than on any fundamental redefinition or replacement of the arrangement.

Police resourcing

18. The current level of resourcing of ACT Policing, its appropriateness to meet government and community expectations, trends in crime and officer workloads which may impact on resource / staff requirements are each considered in this report.

19. Specifically the report considers:

• internal ACT Policing reviews of workplace activity, an analysis of unmet workloads and a comparison with policing arrangements in other jurisdictions within Australia;

• an independent analysis of operational and performance information typically used to assess resourcing within organisations; and

• a comparison of ACT Policing performance against a range of nationally reported policing indicators.

20. These reviews all indicate that current resources are insufficient to meet the present demand for community policing services within the ACT.

21. In particular, the performance data indicate that:

• Crime rates in the ACT are growing at or near the national average and are well in excess of the historic position in the ACT;

• Police expenditure per capita and per member is comparable to other jurisdictions if the Special Fiscal Needs (SFN) grant is excluded but would be relatively high should the SFN grant not be available;

• Crime clearance rates have improved with the injection of additional personnel in recent years but remain amongst the lowest in Australia with the ACT having lost its leadership position against a range of serious offence categories;

• There are performance issues associated with increasing backlogs and unmet response times;

• Community satisfaction levels overall are comparable with other jurisdictions but there appear to be issues of performance indicated by reducing levels of community satisfaction, particularly regarding police ability to respond to certain incidents within reasonable timeframes and the level of police support for community programs;

• ACT Policing is expending increased levels of management effort in addressing stress-related staffing issues.

22. The report consequently proposes a basis for determining and maintaining personnel numbers at an appropriate level throughout the Policing Arrangement. While the report gives guidance on the likely scale of desired increases in actual numbers, this will need to be determined by the ACT Government and ACT Policing, taking into account

broader government priorities, including funding considerations and demands on policing services.

23. A National Comparator Model is proposed which enables future ACT Policing performance (and performance targets) to be assessed against other jurisdictions and Australian averages over a wide range of factors, including both input-oriented measures (such as personnel numbers and expenditure levels) and output-oriented measures (such as crime rates, workloads and community satisfaction). The approach uses information that is independent, transparent and publicly available; is relatively stable and not subject to significant short term variations; is simple to calculate and can be readily understood throughout the community.

24. This approach indicates the number of personnel required to minimise the combined differences from the national averages is 906, or an additional 107 personnel. While this would bring ACT Police to a level close to the national average of police (284 FTEs per capita for the ACT compared with 290 FTEs per capita nationally), this is a result of current ACT Policing performance levels, and hence may not necessarily always be the case.

25. The national comparator approach is extended to assess efficiency of policing activities using a Relative Input Efficiency Model. This approach analyses the level of reported inputs required to produce reported outputs and whether any optimal combination of jurisdictions could produce the same level of outputs with any fewer inputs. This approach can be used to test whether varying resource levels would have any significant impact on relative efficiencies. At present, the relative efficiency model suggests that ACT Policing is performing at optimum efficiency with available resources

26. The report recommends that these models should not be used in isolation but should be used in conjunction with ongoing assessments of community policing services and priorities, identification and implementation of potential efficiency measures, and consideration of alternatives to the provision of some policing services.

27. The identification and prioritisation of any staff increases will need to be undertaken by ACT Policing and ACT Government assessing and weighting the impact of new functions against the operational performance criteria outlined in an approach to prioritisation suggested by ACT Policing and which is an attachment to this report.

Reporting arrangements and financial control

28. The Study found that the level and extent of reporting by ACT Policing is consistent with the accountabilities expected of public funded agencies and is similar to that undertaken by Commonwealth and other ACT Government agencies. The Study also found that the present basis of the Purchase Agreements, that is the purchase by the ACT of policing outcomes rather than inputs, should continue. However, in an environment where price equates with costs, some enhancements in the reporting process may assist with a broader understanding within the ACT Government of the underlying factors within ACT Policing which give rise to their cost structures.

29. Accordingly the report considers the frequency of resource and financial reporting; explicit reconciliations of variations in budget and actual expenditures; formal processes for budget consultation between the ACT Government and ACT Policing; reporting of staff movements within ACT Policing; ACT Government participation in ACT Policing budget development activities; and a capacity within the ACT Government to undertake enhanced reporting, monitoring, analysis and evaluation of the Policing Arrangement and Purchase Agreements.

30. The current performance indicators are considered to provide both the Government and community with appropriate and meaningful information on police performance. The report does not recommend any change to the current performance measures, noting that elements of them may inevitably require amendment for other reasons over time. It is also noted that if the resource levels of ACT Policing remain as they are, amendments to the performance measures may be required to accommodate a diminishing ability of ACT Policing to meet some of the current targets.

31. It is also considered appropriate for policing numbers to be included in future purchase agreements to enhance understanding across the community of those primary resources used to achieve the policing results each year in the ACT. Any specification of those policing numbers must ensure that the essential focus of the purchase agreements remains on the achievement of an outcome for Government, that the quantification of staff numbers is provided for information and is not a performance measure of itself.

32. The specification of price, billing and payment arrangements within future purchase agreements should be retained for the effective management of the provision of policing services against the expenditure of significant amounts of public funds.

Infrastructure and facilities management

33. The Study found that responsibilities for asset management are not clearly defined within the present arrangements between the ACT Government and ACT Policing. Assets categorised as Community Policing Assets / Infrastructure are shared resources and no formal management process or ownership agreement approach to the maintenance or subsequent replacement of those assets exists. The absence of process or joint management is contributing to the deterioration of the assets and the quality of police accommodation.

34. The Study also found no evidence of a structured asset maintenance and replacement program. The most recent review of assets and infrastructure utilised by ACT Policing was conducted in 1998, however no specific planning or management regime resulted or exists in the Policing Arrangement, Purchase Agreements or elsewhere. The Policing Arrangement does not explicitly provide for maintenance or refurbishment of the facilities and services supplied for community policing. Refurbishment of property facilities is generally expensive and becoming increasingly urgent due to the age of some of the buildings.

Commonwealth activity

35. ACT Policing provides services for Commonwealth purposes from within ACT Policing resources and the proportion of time spent on Commonwealth activities determines the value placed on that activity, which is subtracted from the costs to the ACT Government for ACT Policing.

36. The present methodologies of direct and indirect costing of those activities are considered, together with prospective forecasting of Commonwealth activities and an alternative rolling average methodology is proposed to enhance budgeting of this aspect.

Organisational structure

37. The ACT Policing organisational structure is considered together with the unified workforce, Specialist Response and Security and the Police Citizens Youth Club, which were each identified as key issues for consideration by the ACT Government. Some alternatives to providing and funding services are also considered.

38. Given the current legislative regime, the Study could not identify any significant organisational enhancements to providing and funding policing services to the ACT.

Enabling services

39. AFP enabling services (such as forensic and information technology services) utilised by ACT Policing were reviewed in 2001 and a cost base was established for those services by attributing costs based on known cost drivers and percentages of staff time spent undertaking ACT related activities. While that cost base has been updated annually since 2001 and adjusted for indexation, new policy proposals, changes to the staffing ratio between ACT Policing and AFP and devolution of enabling services to ACT Policing, the report considers the relativity of the present costing bases and makes recommendations for further work in that area.

40. There are new enabling services now being provided which were not costed in the 2001 review as well as existing services such COMCARE and legal fees which are currently not being charged as part of enabling services, neither of which are funded through the Purchase Agreement or other means.

41. Accordingly the Study recommends a joint re-basing exercise to reflect current enabling service costs.

PROMIS data system

42. ACT Government agencies such as the Department of Justice and Community Safety and Victims of Crime Services have requirements for data captured by AFP data systems for analysis and policy planning purposes. The report considers the requirements and limitations of the AFP PROMIS data system and concludes that a more robust system of interaction which encourages early identification of mandatory data requirements, and involves open dialogue between ACT Government and ACT Policing regarding the associated functionality, costs, priorities and timeframes, will assist the parties to better meet their data requirements from that system.

Conclusion

43. The Terms of Reference for the Joint Study into ACT Policing comprised a broad and comprehensive review of the current Policing Arrangement and Purchase Agreements.

44. The Study has sought to clarify the priority issues emerging from available qualitative and quantitative data and to provide recommendations addressing the Terms of Reference. In some cases the recommendations are able to be implemented in the near term, in other cases the changes are oriented towards establishing new procedures and practices that will enable benefits in the longer term.

45. There are issues raised on this report on which there is varying agreement and on which further discussion may be required between the ACT Government and ACT Policing. The Study Team believes that those discussions can be assisted by the findings and recommendations contained in this report.

2 Recommendations

46. Recommendations are made throughout the report at the end of each the chapters that address a Term of Reference (Chapters 5 through 12). They are provided here for convenience as a single list, together with chapter and paragraph cross references.

Term of Reference 1 – Governance arrangements [Chapter 5, Paragraph 240]

47. The overall structure of the present Policing Arrangement and Purchase Agreements is continued.

48. The duration of the Policing Arrangement is extended from the present five years to eight years, while continuing to utilise annual Purchase Agreements.

49. An extended Policing Arrangement includes provision for periodic reviews of the appropriateness of the arrangements, the frequency and specific details of those reviews to be determined by the parties.

50. The role and functions of the Department of Justice and Community Safety in respect of the management of the Policing Arrangement and Purchase Agreements, the provision of policy advice to the Minister on policing matters and consequential arrangements between the Chief Executive of the Department, the Chief Police Officer and the Minister are formalised, without inhibiting the independent reporting and advisory responsibilities of the Chief Police Officer to the Minister.

51. The structure, capacity and precise nature of the reporting and management functions to be performed as well as the scope of additional resources required to support the enhanced role and functions of the Department of Justice and Community Safety be determined by the Minister for Police and Emergency Services in consultation with the Chief Executive of the Department and the Chief Police Officer.

52. A three year strategic plan is developed and promulgated in consultation with the ACT community, which complements the Policing Arrangement, informs the annual Purchase Agreements and outlines the ACT Government’s priorities and directions in policing.

Term of Reference 2 – Adequacy of resources [Chapter 6, Paragraph 414]

53. The resource shortfall of ACT Policing staff to meet current and future workloads be acknowledged and consideration given to the provision of additional resources or adjusted performance indictors where appropriate..

54. The National Comparator Model be used as a basis for establishing the appropriate level of personnel numbers. Actual police numbers should be determined by ACT

Government and ACT Policing taking into account broader government and community policing priorities, and any potential efficiency measures or more effective alternatives to the provision of policing services.

55. A process is established between the ACT Government and ACT Policing to facilitate regular tracking and monitoring of resources required to provide policing services in the ACT. This could include annual use of the Relative Input Efficiency Model to assess the relative efficiency of the provision of policing services in the ACT.

56. The National Comparator and Relative Input Efficiency Models are enhanced through inclusion of additional national performance indicators as they become available, together with appropriate weighting of those indicators to reflect ACT community policing priorities.

Term of Reference 3 – Resource reporting and financial control [Chapter 7, Paragraph 457]

57. ACT Policing report resource usage on a quarterly basis, the level of financial and other detail to reflect the requirements of the Policing Arrangement and Purchase Agreements, and in a format consistent with ACT Government agency reporting.

58. Reporting includes variations of actual expenditure against budget forecasts by ACT Policing.

59. ACT Treasury should ensure ACT Policing is provided with budget preparation instructions either directly or through a portfolio department such as Justice and Community Safety (JACS).

60. Quarterly reporting to the Minister for Police and Emergency Services includes information relating to aggregated numbers of staff transferred into and out of ACT Policing; the general destinations of outwards transfers; and advice of changes of police management personnel of the rank of Superintendent and above.

61. ACT Policing and the ACT Government jointly participate during the budget development cycle in the costing of ACT Policing activities against each of the Purchase Agreement outputs to enhance the ACT Government’s understanding of the range of associated costs.

62. The current performance indicators are acknowledged as useful and meaningful within the context of the Policing Arrangement and the Purchase Agreement and that no changes are necessary in the short term, noting that elements of them will inevitably require amendment with the effluxion of time.

63. Policing numbers are specified in future Purchase Agreements to enhance the level of understanding of the primary resources used to achieve policing results but the purpose of those Agreements remains the achievement of an outcome for Government and that the quantification of staff numbers is for information and is not a performance measure of itself.

64. The specification of price, billing and payment arrangements introduced in the 2004 – 2005 Purchase Agreement is retained in future Agreements.

Term of Reference 4 – Infrastructure and facilities management [Chapter 8, Paragraph 480]

65. A strategic policing infrastructure and facilities management plan to inform future capital requirements is developed in consultation between the ACT Government and ACT Policing for the procurement, maintenance, replacement and periodic reviews of ACT Government owned assets used by ACT Policing.

66. Consideration be given to reviewing the adequacy of the current maintenance and replacement funds allocated to infrastructure and facilities.

67. ACT Government asset register includes all fixed infrastructure assets which are to be subject to periodic valuations and assessment as to their suitability for ACT Policing needs.

68. ACT Policing is to detail within Annual Reports those resources received free of charge to reflect the costs of infrastructure provided by the ACT Government.

Term of Reference 5 – Commonwealth work [Chapter 9, Paragraph 514]

69. Annual surveys continue as the basis for determining the proportion of Commonwealth work undertaken by ACT Policing.

70. A rolling average, based on the results of those activity surveys for the last three years is used as the basis for attributing costs to the Commonwealth.

71. Additional surveys continue to be an option where agreed by ACT Policing and ACT Government.

72. ACT Policing builds on the current direct costing methodology to establish cost effective methods for recording actual time spent undertaking Commonwealth activities.

Term of Reference 6 – ACT Policing organisational structure [Chapter 10, Paragraph 590]

73. ACT Policing and JACS explore opportunities to integrate the PCYC with other youth programs in the ACT to capitalise on existing resources, potentially increase returns on current outlays and contain where possible current expenditures in both areas while maintaining the core objectives of the PCYC.

74. ACT Policing and JACS explore alternatives to current requirements of police in respect of abandoned motor vehicles, motor vehicle accident reporting processes, fireworks, some animal nuisance complaints, nuisance phone calls and traffic hazards, recognising the possible cost shifting consequences of any alternatives.

75. In view of the diversity of crime prevention activities undertaken at a whole of government level, ACT Policing and JACS identify those functions where synergies exist between departments and agencies and accordingly make recommendations to government on appropriate alternative approaches to the delivery of crime prevention programs.

Term of Reference 7 – Enabling services [Chapter 11, Paragraph 637]

76. ACT Policing and ACT Government undertake a joint re-basing of enabling services costs with the timing of this re-basing project to acknowledge the requirement for both parties to make available all necessary resources.

77. ACT Policing and ACT Government, as part of the re-basing project, develop an ongoing phased assessment program so as to eliminate the requirement for annual re- basing activities.

Term of Reference 8 – PROMIS data system [Chapter 12, Paragraph 660]

78. ACT Policing is included in the ACT Government’s ongoing program to develop a systematic approach for accessing data required for the administration of justice in the ACT

79. ACT Government and ACT Policing establish processes for identifying, communicating and prioritising ACT Government information requirements and ongoing changes to these requirements.

80. ACT Policing initiatives aimed at strengthening data validation and integrity are continued and supported.

3 Introduction 3.1 Background to the Study 81. On 17 May 2004 the then ACT Minister for Police and Emergency Services, Mr Bill Wood MLA, and the Commissioner of the Australian Federal Police, Mr Mick Keelty APM, announced the terms of a joint study to map the future policing needs of the ACT.

82. The objective of the study was to examine the future challenges, needs and opportunities for community policing services for Canberra. The timing of the study reflected the requirement for the renewal in 2005 of the Policing Arrangement, by which policing services are provided in the ACT, between the Commonwealth and ACT Governments.

83. Mr Wood described the study as an important element of informing Government and the wider community in consideration of the new agreement between the ACT Government and the AFP for policing services and an important opportunity for the Government to look closely at the arrangement to ensure it meets the future needs of the community. He also said that ‘the relationship between the Government and the AFP is an important component of this joint study and I am committed to an ongoing partnership long into the future.’

84. Commissioner Keelty, in welcoming the study, said he believed the outcomes have the potential to offer significant benefits to both the ACT community and the men and women who carry out policing functions in the Territory. He noted that the AFP has provided policing services to the ACT since self government through an arrangement which had been extremely successful, guaranteeing the Territory a professional police service which is strongly supported by the Government and highly regarded by the community and that the study will help us set the key elements of that service into the future.

85. The study was tasked to consider a wide range of factors including:

• Projected future crime trends;

• Resources required to provide a dynamic and highly responsive police service;

• The type and nature of policing services required by the ACT; and

• The accountability mechanisms needed to support such a service.

86. The Policing for the Future Study, jointly funded by the ACT Government and the AFP, was based on eight specific terms of reference which are detailed in Section 3.2. KPMG, together with John Valentin & Associates, were commissioned as a Joint Study Group (JSG) to undertake the project and joint activities commenced on 2 August 2004.

87. The policing arrangements in the ACT have evolved from the formation of the Australian Federal Police (AFP) in 1979, with the amalgamation of the ACT Police Force, the Commonwealth Police and in 1980, the Narcotics Bureau of the Department of Customs and Excise. At that time an ACT Region of the AFP was established which continued to provide policing services to the ACT until the granting to the ACT of self- government in 1989.

88. The powers to establish and maintain a police force within the ACT remain within the jurisdiction of the Commonwealth Government.

89. Accordingly the provision of policing services to the ACT is determined by section 8 of the Australian Federal Police Act 1979, wherein the functions of the AFP are:

90. Consequently in 1990 a policing arrangement between the Commonwealth and ACT Governments was developed for the provision of policing services in the ACT by the AFP. The first arrangement remained in place until 2000 when it was replaced with the current arrangement. The first arrangement was signed by the Commonwealth Minister for Justice and Customs and the Chief Minister for the ACT and the second arrangement signed by the Commonwealth Minister for Justice and Customs and the Deputy Chief Minister for the ACT.

91. The Policing Arrangements have provided for subordinate annual Purchase Agreements between variously the Chief Minister or Minister for Police and Emergency Services of the ACT Government and the Chief Police Officer of the ACT. The Purchase Agreements reflect the range of policing services to be provided against key performance indicators at a specified cost to the ACT Government.

92. A number of reports into the requirements for policing within the ACT were commissioned in the initial years of self government. Those studies were the Community Policing Advisory Committee – Report to the Attorney General – 1991; the Canberra Community Policing Strategy – Social and Community Research Report – 1991; and Community Policing Initiatives in the ACT – 1992 – Frank Small and Associates.

93. In November 1998 a substantial study by Rein Mere of KPMG on The Costing of Community Policing Activities for the Australian Capital Territory was delivered to the ACT Government and the AFP. The purpose of that report was to identify whether the costs of community policing services had been equitably shared under the formula approach as provided for in the Policing Arrangement of that time. The study also addressed police numbers and reviewed the performance of the policing arrangement in addition to the attribution of costs.

94. A number of structural and procedural changes to the subsequent Policing Arrangement and Purchase Agreements were informed by the Rein Mere report.

95. In May 2001 a Review of AFP Enabling Costs was completed by Business Catalyst International. Enabling costs reflect the utilisation by ACT Policing of AFP services such as Forensic; Information Technology and Communication; Health; Learning and Development; and Professional Reporting, for which the ACT Government is charged on a cost recovery basis.

96. Various adjustments were made to the bases for calculating the costs of enabling services as a result of the Catalyst review.

97. In November 2003 ACT Policing submitted a budget proposal to the ACT Government for increases in resources to meet current and emerging policing requirements in the Territory. That proposal outlined crime trends and issues including police workloads in the ACT and relative strengths and capacities in comparison with other police jurisdictions in Australia.

98. In May 2004 the ACT Auditor-General’s Office released an audit titled the Administration of Policing Services 2004 which reviewed the management of the arrangements by which the ACT acquires, pays for and monitors the provision of policing services.

99. The objectives of the audit were to consider whether:

• The 2000-2005 Policing Arrangement and the annual Purchase Agreements between the Territory and the AFP enable the Government to exercise effective strategic oversight and financial control of policing;

• Outcomes and measures agreed in the annual Purchase Agreements between the Territory and the AFP are relevant and complete for the purpose of evaluating the effectiveness and efficiency of ACT Policing; and

• Arrangements for reporting on the provision of policing services to the Government are satisfactory in that they allow for monitoring of timeliness, completeness and reliability. That audit did not consider the conduct of policing within the ACT by the AFP. 100. The recommendations and detailed analyses of the more recent reviews, reports and submissions, together with a wide range of additional material and studies, have consequently been considered in the course of the Policing for the Future Study. Together with a range of targeted consultations, they have each contributed to shaping the recommendations of the JSG.

3.2 Terms of Reference 101. The Terms of Reference specified for the Study were:

[1] Policing Arrangement governance, particularly how the Purchase Agreement for police services between the Chief Police Officer and the ACT Minister for Police and Emergency Services can provide effective and appropriate strategic oversight of policing services. This should include consideration of the role of Ministerial oversight and whether the Department of Justice and Community Safety should operate in any or all respects, as the ACT Department of Police;

[2] Adequacy of police resourcing with specific reference to staff numbers, officer workloads and capacity to satisfy community expectations within the ACT with particular reference to the basis of determining personnel numbers at an appropriate level. This should pay particular attention to the future crime trends and assess other features of the Territory which are likely to impact on the resource / personnel requirements;

[3] Resource reporting arrangements and financial control, including, but not limited to whether the current performance measures are useful and meaningful, whether policing numbers should be specified in the agreement and to what extent the price of policing services, billing and payment arrangements can or should be specified;

[4] The appropriateness of infrastructure and asset management, including resourcing and replacement arrangements;

[5] Whether the management / measurement / financing arrangements for Commonwealth work undertaken by ACT Policing are appropriate;

[6] The appropriateness of ACT Policing organisational structure for service delivery with consideration to include whether such services could be provided and / or funded in different ways to reflect the unique features of the policing arrangement between the AFP and ACT;

[7] Examine the attribution of costs for enabling services provided from AFP National to ACT Policing with specific reference to audit requirements in this area and an evaluation as to whether alternative delivery strategies might enable improved efficiency and effectiveness; and

[8] Responsiveness of the PROMIS data system to ACT needs, including timely access to data for analytical purposes and the mandatory recording of information including victim data.

3.3 Project Approach 102. A four phased approach was undertaken for the joint study, as outlined in the diagram below.

Figure 1: Project Methodology

1. Orientation 2. Info gathering 3. Analysis & Diagnosis 4. Reporting

o Guiding principles Directions Options

u Confirm key Identify possible Develop

o directions alternatives recommendations

Setup

n Issues

c Map current n Analyse gaps

performance

s Focus areas and KPIs

u Performance

o data

Nature of activities

– Meetings with Steering – Interviews with key stakeholders – Data analysis and modelling – Consolidation of findings Committee and – Targeted fact finding – Research and evaluation of – Report drafting nominated stakeholders – Review of financial and other alternate practices – Report presentation performance records – Validation workshops

103. Stage 1 focussed on orientation in which KPMG, John Valentin & Associates and the Steering Committee agreed on the overall project approach and plan, and specific stakeholders to be consulted.

104. Stage 2, the information gathering phase, was used to conduct targeted consultations, identify crime trends and other data relevant to policing services in the ACT according to the specific Terms of Reference.

105. Stage 3 was concerned with analysing data obtained, and in some case obtaining additional data, to formulate and test the JSG findings with respect to each of the Terms of Reference.

106. Stage 4, the reporting phase, was used to prepare a detailed working draft for comprehensive review by a specifically convened Working Party comprising staff from the Department of Justice and Community Safety, ACT Policing and ACT Treasury.

3.4 Steering Committee 107. A Steering Committee was established at the commencement of the Policing for the Future Study. The Committee consisted of representatives of the AFP, ACT Policing, the ACT Department of Justice and Community Safety and ACT Treasury.

108. Members of the Committee were:

ACT Mr Tim Keady, Chief Executive, Department of Justice and Government Community Safety Ms Elizabeth Kelly, Deputy Chief Executive, Department of Justice and Community Safety Mr Derek Jory, Director, Justice and Planning Programs, Department of Justice and Community Safety Ms Lil Hays, Senior Policy Officer, Justice and Planning Programs, Department of Justice and Community Safety (Steering Committee Secretariat) Mr Neil Bulless, Director, Budget Management and Analysis, ACT Treasury Mr David Morgan, Acting Manager, Budget Management and Analysis, ACT Treasury Australian Mr John Davies, Chief Police Officer, ACT Policing Federal Police Mr Trevor Van Dam, Chief Operating Officer, AFP Dr Tony Murney, Director Corporate Services, ACT Policing Ms Dianne Carlos, Chief Financial Officer, AFP Mr Paul Williams, Coordinator People Strategies, ACT Policing Mr Jason Cresswell, Coordinator Financial Services, ACT Policing

109. Terms of Reference for the Steering Committee were settled following the first meeting of the Committee on 6 August 2004. They were to:

(i) Provide oversight of the study’s direction on such aspects as:

the Policing Arrangement governance;

policing needs and resourcing;

resource reporting arrangements and financial control;

the appropriateness of infrastructure and asset management arrangements;

the appropriateness of ACT Policing organisational structure for service delivery;

reviewing the attribution of costs for enabling services provided from AFP National to ACT Policing; and

responsiveness of the PROMIS data system to ACT needs.

(ii) facilitate the consultants access to information and relevant stakeholders, when appropriate; and

(iii) ensure that the consultants meet their obligations in undertaking the study.

In partnership with the consultants, the Steering Committee will provide guidance and assist to identify appropriate stakeholders to be consulted in the study’s consultation process.

The Steering Committee will meet with the consultants on a regular basis to discuss progress on the study and will provide guidance to the consultants on priorities as they emerge.

On presentation of the consultant’s final report, the Steering Committee will determine how the study’s findings will be considered in negotiations for the new 2005-06 Policing Arrangement.

110. A Working Group, established by the Steering Committee, consisting of senior officers of the AFP, ACT Policing, the ACT Department of Justice and Community Safety, ACT Treasury and the joint project team, conducted extensive discussions on and reviews of working drafts.

3.5 Project phases and timelines 111. The timeframe developed for undertaking the project activities is represented in Figure 2 below.

Figure 2: Project activities and timeline

4 Policing in the ACT 4.1 The ACT environment 112. The Policing for the Future Study was concerned with policing within the geographical area known as the national capital. Accordingly that part of the ACT located at Jervis Bay (on the coast of NSW, the policing of which is managed through AFP National) did not form part of this study.

113. The ACT represents the smallest policing jurisdiction in Australia with the lowest number of police and police per capita in Australia. The land mass is approximately 2,350 square kilometres with a population of approximately 320,000. The population is mainly located in low to medium density suburbs, interspersed with considerable open- spaces (some of which are subject to in-filling developments for new suburbs) and surrounded by significant tracts of bushland and grazing properties.

114. Canberra is a relatively new city in comparison with other capital cities in Australia. Planning in the ACT has ensured that industrial and retail activities are generally separated from residential developments and the environment is largely characterised by wide traffic corridors in all directions. Canberra is geographically positioned entirely within what would otherwise be the State of New South Wales.

115. That positioning has some consequences for policing in the ACT, particularly with cross-border activities by criminals who perceive Canberra to be a potentially rich harvest. The limitations imposed on ACT Policing (and other police in similar circumstances) through dealing with another jurisdiction can significantly hamper their effectiveness or add to the complexities of investigations and prosecutions when offenders retreat into NSW after committing offences in the ACT.

116. As the seat of Commonwealth Government, the ACT features, on a per capita basis, a high number of Commonwealth assets and interests (including national icons) and a high number of visiting dignitaries. Similarly, on a per capita basis Canberra hosts a significant number of foreign embassies and legations. Those premises, their occupants (and frequently visitors) are entitled to special levels of protection and immunity under international conventions. A number of the foreign legations have significant security implications and consequential responsibilities for the Commonwealth Government and police.

117. The characteristics of a national capital distinguish it from other capital cities and the policing arrangements in the ACT necessarily cater for those differences at both operational and managerial levels.

118. As a result of the islands of Commonwealth land and interests within the ACT, overlaps between Commonwealth and ACT Government responsibilities inevitably occur. It can be difficult at times to distinguish between the policing services being provided to one or the other government.

119. Consequently policing in the ACT is concurrently provided by the AFP to two governments, in one geographical location - as a budget funded agency for the Commonwealth Government and under a legislated/cost recovery arrangement for the ACT Government. The ACT Government makes annual budget appropriations (as expenditure on behalf of the Territory) to meet the costs of ACT Policing.

120. In other Australian jurisdictions, the police services are funded by budget appropriations through annual state and territory budget processes. The size of each police service, its priorities and strategic directions are established by government in close consultation with the Commissioner of Police. In those jurisdictions the appointment and removal of the Commissioner of Police is at the sole discretion of the government. The AFP has a separate presence and role in each of the other jurisdictions.

121. In the ACT the Policing Arrangement between the Commonwealth and ACT Governments provides for the Chief Police Officer to be appointed by the Commissioner of the AFP with the approval of the Police Minister. The Arrangement also provides that if the ACT Police Minister advises the Commissioner in writing that the Chief Police Officer no longer enjoys the confidence of the ACT Executive, and the reasons for that lack of confidence, the Commissioner shall as soon as possible replace the Chief Police Officer.

122. The Chief Police Officer of the ACT remains a member of the AFP and has AFP national obligations and duties in addition to the role within the ACT. The occupant of the position remains accountable to the Commissioner of the AFP for the discharge of the duties of office and for the effective policing of the ACT. The Chief Police Officer does not have the same range of decision making powers as either the Commissioner of the AFP or other Australian police services. There is no police act or similar legislation in the ACT (as in other jurisdictions) which establishes the police force, the powers of members of that force and relationships with the relevant Minister of government. The policing role and functions within the ACT are determined by the Australian Federal Police Act, 1979.

123. The Chief Police Officer of the ACT has reporting obligations, including the provision of advice, to the ACT Minister for Police and Emergency Services which are little different to Commissioners of Police elsewhere in Australia. The Chief Police Officer participates in the processes of the ACT Legislative Assembly (such as Estimates Committees, the provision of responses to Questions on Notice) in a like manner to chief police officers elsewhere in Australia.

124. A broad comparison can be drawn between the arrangements for ACT Policing and those found in a number of provinces and municipalities throughout Canada, albeit legislative and constitutional differences between the two countries limit the comparisons. The Canadian model reflects a federal legislative regime in which provinces and municipalities may, dependant on factors such as population size and the capacity to pay, make arrangements with the federal government to utilise the Royal Canadian Mounted Police within the respective province or municipality on payment of an annual fee.

125. While Canadian provinces and municipalities may choose to raise and maintain their own police forces, an alternative exists through the use of the Royal Canadian Mounted Police. For constitutional reasons, no such alternative exists for the Australian states. In the ACT, the use of the AFP is not optional but results from the granting of self government to the territory through Commonwealth legislation, in lieu of the sovereignty enjoyed by each of the states.

126. Most aspects of police services in the ACT are largely identical in character to the other Australian jurisdictions. There are differences in organisational structures, resource levels, and command arrangements however they are not such as to particularly distinguish ACT Policing from those other jurisdictions.

127. The regime of criminal and regulatory law enforced by ACT Policing varies little from other jurisdictions. The processes available to police (such as proceeding by way of arrest or summons; bail law; diversionary alternatives to the criminal courts; summary hearings and trials; laws of evidence; recording of interviews with suspects; forensic evidence gathering) are largely identical throughout Australia. 4.2 Legislative and Administrative Framework 128. The Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth provides at section 37 and Schedule 4, the ACT Government with responsibilities for law and order within the Territory. The specific provisions are:

Section 37- General powers of Executive

The Executive has the responsibility of: (a) governing the Territory with respect to matters specified in Schedule 4; (b) executing and maintaining enactments and subordinate laws; (c) exercising such other powers as are vested in the Executive by or under a law in force in the Territory or an agreement or arrangement between the Territory and the Commonwealth, a State or another Territory; and (d) exercising prerogatives of the Crown so far as they relate to the Executives responsibility mentioned in paragraph (a), (b) or (c).

Schedule 4—Matters concerning which the Executive has power to govern the Territory

– identifies a range of matters including the following to the extent relevant to this study:

The public service Regulation of transport on land and water (including traffic control, carriers, roads, tunnels and bridges, vehicle registration and compulsory third party insurance, driver licensing and road safety) Fire prevention and control Public safety Gambling Liquor Firearms, explosives and hazardous and dangerous substances Civil defence and emergency services Entering into, and implementing, agreements and arrangements with the Commonwealth, a State or the Northern Territory Law and Order

129. However, that legislation does not enable the ACT to make any laws on policing. In particular section 23 provides that:

(1) Subject to this section, the Assembly has no power to make laws with respect to:

130. The Australian Federal Police is a statutory authority established under the Australian Federal Police Act 1979 and is part of the Commonwealth Attorney-General’s portfolio. The Commonwealth Administrative Arrangements Order of 26 October 2004 provides that the Attorney-General’s portfolio includes criminal law and law enforcement, in addition to other matters dealt with by that department. The functions of the Attorney- General are shared between the Attorney-General and the Minister for Justice and Customs.

131. Legislation administered by the Attorney-Generals Department includes the Australian Federal Police Act 1979. The Commissioner of the Australian Federal Police reports to the Minister for Justice and Customs.

132. There is no specific department of police or justice and customs within the Commonwealth Government.

133. Section 8 of the Australian Federal Police Act 1979 provides that:

(1) The functions of the Australian Federal Police are:

(a) subject to subsection (1A), the provision of police services in relation to the Australian Capital Territory;

(1A) The Minister and the Australian Capital Territory may enter into arrangements for the provision of the police services in relation to the Australian Capital Territory that are in respect of Territory functions as defined by section 3 of the A.C.T. Self-Government (Consequential Provisions) Act 1988, and, where the arrangements have been entered into, the provision of those services shall be in accordance with the arrangements; and

(2B) Arrangements for the provision of services under subsection (1A) may include arrangements for the doing of anything incidental or conducive to the provision of the services.

134. Sub-section 37 (2) of that Act provides that:

The Minister may, after obtaining and considering the advice of the Commissioner and of the Secretary, give written directions to the Commissioner with respect to the general policy to be pursued in relation to the performance of the functions of the Australian Federal Police.

135. The Ministerial Direction issued by the Minister for Justice and Customs on 31 August 2004 identifies thirteen areas of special focus which include giving special emphasis to providing community policing services in the ACT, Jervis Bay and external territories.

136. Policing services have thus been provided by the AFP to the ACT Government under arrangements with the Commonwealth Minister of Justice, consistent with Ministerial Directions to the Commissioner of the AFP, since 1990.

137. Accordingly ACT Policing is described by the following extract from the ACT Policing Annual Report 2003-2004:

ACT Policing is a business unit of the AFP and was created for the sole purpose of providing policing services to the ACT under the auspices of the Policing Arrangement between the Commonwealth and ACT Governments.

138. The Policing Arrangement requires that the Chief Police Officer for the ACT be directly accountable to the ACT Minister for Police and Emergency Services for achieving the policing outcome and delivery of the outputs set out in the annual Purchase Agreements. Service delivery under the 2003-2004 Purchase Agreement was articulated in terms of one major outcome and a series of outputs and performance measures.

139. The ACT Government Executive structure consists of five Ministers, including the Chief Minister who is also the Attorney-General. The functions of the Attorney-General are supported by the Department of Justice and Community Safety, the outputs for which include the maintenance of a comprehensive system of justice; the integrity and independence of the courts; the integrity and probity of economic transactions; corrective services; policing services which effectively protect citizens and their property; and fair resolution of civil disputes. The Department is responsible to the Minister for Police and Emergency Services in addition to the Attorney-General.

140. The portfolio of the Minister for Police and Emergency Services also includes:

• Disability, Housing and Community Services; and

• Urban Services.

141. While government departments exist within the ACT for Disability, Housing and Community Services and for Urban Services, there is no department of police. While the administrative arrangements provide a link with the Minister for Police and Emergency Services, the Department of Justice and Community Safety does not have a specified role on policing matters within the current arrangements.

142. Emergency services are provided for through the ACT Emergency Services Authority which provides emergency management and related support arrangements and includes:

• ACT Ambulance;

• ACT Fire Brigade;

• ACT Rural Fire Service; and

• ACT State Emergency Service.

143. While there is no specific police act in the ACT relating to the provision of policing services, the ACT Minister for Police and Emergency Services nevertheless has available powers to issue directions (similar to the Commonwealth Minister) under the Policing Arrangement. They include:

5.1 The Police Minister may give to the Chief Police Officer general directions in writing as to policy, priorities and goals in relation to the provision of police services by the AFP under this Arrangement and the Purchase Agreement.

5.2 The Chief Police Officer shall comply with any written directions received from the Police Minister under clause 5.1 unless a contrary written direction has been received from the Commonwealth Minister pursuant to the AFP Act.

5.3 Except in case of emergency, the Commonwealth Minister shall not issue to the Commissioner a Direction pursuant to the AFP Act which affects the provision by the AFP of police services to the ACT unless the Commonwealth Minister has first consulted the Police Minister about the nature and purpose of that Direction. Where in an emergency a Direction is given without prior consultation with the Police Minister, the Commonwealth Minister will consult the Police Minister about the direction as soon as possible thereafter.

5.4 If a Direction by the Commonwealth Minister to the Commissioner has the effect of increasing the cost of police services provided to the ACT, then the costs attributable to the Direction will be borne by the Commonwealth by adjusting the price paid by the ACT in accordance with the price variation provisions of the Purchase Agreement.

144. The Chief Police Officer in being accountable to the ACT Minister for Police and Emergency Services deals directly with the Minister and his office on policing issues. Other whole-of-government issues dealing with justice policy and services, including criminal legislation, are the responsibility of the ACT Department of Justice and Community Safety, which also holds the budget appropriation for ACT Policing.

145. The role and function of the Department of Justice and Community Safety in relation to the Minister for Police and Emergency Services and ACT Policing is not clearly documented. The Department has been involved (in conjunction with police) in setting targets, defining measures and negotiating annual purchase agreements with a focus on key performance indicators and the costs of the services to be provided, but is not a party to all briefings and communications between ACT Policing and the Minister. The Department processes accounts rendered by the AFP on the ACT Government under the purchase agreements as a matter of arrangement, but no specific administrative responsibility for any aspect of the purchase agreements rests with the Department.

146. Under the present Policing Arrangement, ACT Policing acts as a quasi-ACT government agency. The Department of Justice and Community Safety become involved in policy issues which impact on policing and may provide advice on policing issues when requested by the Minister, but otherwise perform no formal role.

147. In October 2000 the ACT Government established a Police Consultative Board, the mission of which is to promote positive relations between the community and the police in the ACT. The Board has no statutory powers, does not exercise executive control over any aspect of policing in the ACT, nor does it receive individual complaints concerning police. Board members are drawn from the ACT Community Crime Prevention Committee, a broadly based community consultative body.

148. The purpose of the Board is to:

• provide a forum for gathering community views on policing in the ACT;

• advise Government on those views;

• maintain a dialogue with senior police in relation to matters affecting community attitudes to policing;

• make recommendations to Government on courses of action which would assist police in carrying out their role in the ACT; and

• respond to references from the Minister for Police and Emergency Services.

4.3 Perceptions of Uniqueness of Policing in the ACT 149. The JSG was made aware of a number of views that policing in the ACT is unique in comparison with other jurisdictions. The stated characteristics of uniqueness being principally that:

• the ACT does not have a significant crime problem;

• the ACT is a small city state and does not require as many police per-capita as other jurisdictions;

• the Commonwealth funds additional police in the ACT, which capacity should be counted in the per-capita average; and

• the ACT has the lowest per-capita police numbers but high per-capita costs. These characteristics are relevant in any consideration of the resources required by ACT Policing, and are discussed briefly at this point to assist in understanding some of the wider dimensions of policing in the ACT.

Crime profile

150. The crime profile and trends within the ACT point to a major increase in levels of offending from 1990 to 1999/2000, followed by a containment of that trend for two years, then followed by a resurgence in crime levels in some (but not all) categories.

151. Clearly policing activities have an impact on crime levels, however while ACT crime levels have increased by some 92% since 1990, ACT Policing staff levels have remained relatively static in that period. There have been increases in staff levels since 1990, however they have been of a lesser magnitude than increases in crime levels.

Small city state

152. The ACT may be advantaged by the small city state nature of the jurisdiction, noting that it is almost entirely urbanised and those small areas which are not urban are easily reached from metropolitan police stations.

153. If that proposition is tenable the ACT could conceivably require less police than other jurisdictions (such as Queensland and Western Australia) where the geographical disbursement of the populations and other factors contribute to their respective staff numbers and where a tyranny of distance argument is relevant.

154. Against that proposition, ACT Policing advised the JSG that:

• the ACT had the highest exposure to cross-border crime impacts of any jurisdiction in Australia with police estimates that 10%-30% of offences may be attributable to cross-border criminals;

• cross-border crime environments offer major advantages to criminals in evading police and are more labour intensive/costly for police to operate in;

• larger urban centres tend to develop critical mass offender populations due to the target rich nature of the environment, scale of the market for illicit drugs, the scope to build criminal networks and increased anonymity afforded by larger populations;

• highly urbanised populations develop speciality entertainment areas which are prone to high levels of public disorder;

• that previous and current policies which determine that policing is decentralised to major town centres, across four major police stations, two shopfront establishments and a separate police headquarters offset any advantages which might be otherwise gained from policing a highly concentrated population from one large facility; and

• that small towns and remote areas do not experience the frictional incidents which arise from close contacts between large numbers of people in concentrated areas as is the case in the ACT.

155. Comparisons with the staffing numbers alone of other jurisdictions are difficult in the absence of directly comparable police services and locales within which they operate. The Productivity Commission’s Report on Government Services 2002 (ROGS)1 detailed endeavours to measure the extent to which remoteness affects the level of police expenditure in jurisdictions. While that work noted that the cost of policing in a particular jurisdiction was least in highly accessible areas and increased in line with remoteness, it did not quantify the relative advantages or disadvantages of policing small jurisdictions in comparison with larger jurisdictions.

Commonwealth funded police

156. The Commonwealth funds additional police in the ACT (some 52) full time equivalents in 2003/04) to undertake Commonwealth functions but not ACT Policing activities. Accordingly those Commonwealth funded police are not presently counted as part of ACT Policing and are not reflected in national comparisons of police numbers. Similarly AFP members posted to other states and the Northern Territory are not counted in the police numbers for those jurisdictions.

157. An alternative view is that the component of ACT Policing which undertakes Commonwealth policing tasks in the ACT should be counted in the ACT Policing

1 refer page 37 Box 8.1

establishment for any comparisons of police numbers with other jurisdictions. That view is based on the inherent requirement when sizing ACT Policing to take account of the potential needs of the Commonwealth and that their activities as police officers are indistinguishable from the activities of other police in providing services to people who live in or are visiting the ACT.

158. By way of an example, the Specialist Response and Security team, with a staff of 57- 60 principally sworn officers, represents approximately 10% of the total staffing numbers of ACT Policing. Except for Canberra’s role as the national capital and seat of government, it is arguable that a city of 320,000 would require a specialist squad of that size. In 2003/04 the ACT paid 59% of the costs of the SRS with the AFP meeting the remaining 41% in addition to some 90% of equipment costs.

159. Conversely the present arrangement for SRS provides advantages to the ACT, both in reduced costs for the full capability and potentially additional resources for ACT policing requirements.

Costs of policing

160. The ACT has the lowest per-capita police numbers in the country but has among the highest per-capita cost. Data from the Report on the Provision of Government Services (2005) with adjustments for payroll tax variations between jurisdictions and revenues from own sources show ACT Policing to be ranked third highest behind only Western Australia and the Northern Territory and above the Australian average. Further details on these comparisons are contained in Section 6.4.1of this report.

161. The ACT pays more for each police staff member compared to other jurisdictions, with real recurrent expenditure per police staff member exceeding the national average by some 20% on 2003/04 data. This difference is attributed to a lack of control by the ACT over the AFP awards, and is compensated for by a Special Fiscal Needs Grant paid through the Grants Commission.

162. The Commonwealth Grants Commission, through the Report on State Revenue Sharing Relativities – 2005 Update advised that the former Special Fiscal Needs Grant to the ACT for policing will, from 2005/06, be funded from the GST pool, noting that:

‘the ACT has no practical alternative but to use the AFP to provide police services and must meet the costs of these services. Wages are an important component of the costs of services and the ACT has little control over the level of wages paid by the AFP, which on the whole is above the Australian average We consider the higher costs incurred by the ACT because of the above average wages paid by the AFP constitute a disability that should be included in the calculation of relativities.’

163. The report notes that the size of the disability factor has been calculated using assessment methods similar to those used in the 2004 Review.

National average police numbers

164. The national average of police per population on a per capita basis is sometimes viewed as an appropriate benchmark by which to establish staffing numbers for ACT Policing. It is representative of the aggregate policy position of the governments of the states and territories and adherence to a staffing policy based on the national average enables comparisons of performance against other jurisdictions through utilisation of publicly available annual information.

165. Alternatively, the use of national averages for police staffing also raises the question of comparability between jurisdictions, similar to the small city state argument; that is, to what extent is the ACT similar to any other jurisdiction and is that sufficient basis for using the national average for staffing purposes.

166. The small city state argument is that the ACT is an essentially metropolitan jurisdiction which is not required, as are other Australian police forces, to cope with remote and small pockets of population that require a police presence, which inflates the ratio of police numbers per head of population. On that basis the national average of police per capita is not appropriate.

167. The use of the national average of police as a basis for staffing is further compounded with the introduction of a small states average, which excludes New South Wales and Victoria from the calculations. The basis for this approach is that both of those states have large populations and large police numbers, affording economies of scale not available to the smaller jurisdictions. The 2003/04 national average for all states was 289 police per 100,000 population, whereas the national average excluding NSW and Victoria was 313 police per population, a difference of 24.

Conclusion

168. The report does not attempt to deal with those matters at this point. The inter- relationships of factors such as workloads, police numbers, funding, efficiency and national benchmarks are complex and are dealt with elsewhere in the report, primarily in the Section 6 dealing with Police Resourcing.

169. The JSG does however note in consideration of the question of uniqueness of policing in the ACT that the requirements of and demands on ACT Policing by the community and government and the range and nature of services delivered by the organisation appear to differ little (apart from the issue of geography) to other jurisdictions in Australia.

5 Governance

Term of Reference 1 – Policing Arrangement governance, particularly how the Purchase Agreement for police services between the Chief Police Officer and the ACT Minister for Police Fire and Emergency Services can provide effective and appropriate strategic oversight of policing services. This should include consideration of the role of Ministerial oversight and whether the Department of Justice and Community Safety should operate in any or all respects, as the ACT Department of Police.

170. The approach of the JSG has been to review the current arrangements with stakeholders, and compare them with arrangements in place in other jurisdictions. The findings of an ACT Auditor-Generals report are also considered where they relate to the findings of the JSG, and possible further measures for achieving effective and appropriate strategic oversight of policing services are raised. 5.1 Present Arrangements for ACT Policing 171. The current governance of ACT Policing is determined by documented processes and some underlying principles.

172. The Australian Federal Police, as a Commonwealth budget funded agency with legislated responsibility for providing policing services to the Australian Capital Territory, is also required by Commonwealth finance guidelines to recover costs incurred in the provision of those services.

173. Following the commencement of self government in the ACT, an inter-governmental arrangement was entered into between the Commonwealth and ACT Governments for the provision of policing services to the ACT. That arrangement is supplemented by annual purchase agreements which detail resource and performance requirements associated with the delivery of the services.

174. The first Policing Arrangement was in force from 1990 to 2000. The current arrangement between the Commonwealth Minister for Justice and Customs and the ACT Chief Minister and Attorney-General commenced on 15 March 2000 and expired in March 2005. Interim arrangements were entered into between the respective Commonwealth and ACT Ministers on the expiry of that Arrangement.

175. The annual purchase agreements reflect ACT Government budget timings, with provision in the Arrangement to accommodate instances where agreement cannot be reached prior to the commencement of a financial year.

176. Copies of the Policing Arrangement of 15 March 2000 and the 2004/05 Purchase Agreement are at Appendix C.

177. In brief, the Policing Arrangement provides the enabling framework between the Commonwealth and ACT Governments; defines the role of the Chief Police Officer;

specifies the powers of the Police Minister; and details the requirements for the provision of information to the Minister in addition to other administrative arrangements.

178. The Purchase Agreement identifies those goods and services purchased by the ACT through budget appropriations; specifies the policing outcome, all associated outputs, performance measures and targets, facilities and services to be provided by the ACT; the powers and obligations of the Minister and Chief Police Officer; and associated administrative arrangements.

179. The power for the Minister of Police to give the Chief Police Officer general directions on policy, priorities and goals however does not extend to directing the Chief Police Officer in respect of operational matters, including the deployment of resources. That position is consistent with the arrangements between the Commissioner of the AFP and the Commonwealth Minister for Justice.

180. The requirements of the Policing Arrangement and annual Purchase Agreements are supplemented by an extensive range of reporting activities which ensure the ACT Minister for Police and Emergency Services and the government remain advised of issues relating to policing, law and order.

181. These additional activities by ACT Policing include attending at or providing:

• weekly meetings with the Minister;

• Police Consultative Board meetings;

• Legislative Assembly hearings;

• ACT briefs;

• Senior Officer Group briefs;

• Australian Police Ministers Council briefs;

• responses to budget estimates;

• quarterly justice statistics;

• annual Recorded Crime – Victims contribution;

• annual Productivity Commission report contribution;

• Cabinet submissions;

• ACT Policing Annual Report;

• quarterly reports on Purchase Agreement;

• Ministerial responses;

• Legislative Assembly questions on notice;

• weekly reports to the Minister;

• specific requirements of the Ministers office on media issues; and

• ad hoc Ministerial liaison enquiries.

182. The comprehensive reporting regime practised by ACT Policing is consistent with that of ACT Government agencies and ensures that policing activities are no less transparent than those of other agencies. 5.2 Arrangements in Other Jurisdictions 183. Commissioners of Police throughout Australia have direct accountability to their respective Ministers of Police. While Ministers generally have the authority to set budgets and strategic directions, the general management of and operational accountabilities for those police services remain with each of the Commissioners. Financial allocation and reporting arrangements vary throughout the jurisdictions however each agency produces an annual report to its respective parliament or legislative assembly.

184. Commissioners of Police in all jurisdictions are invariably statutory office holders and are remunerated by contracts of employment with their respective governments, usually for periods of four to five years duration.

185. The extent of interactions with Ministers, the degree and nature of reporting and participation in the processes of government each vary between jurisdictions. However the arrangements in each of the forces are characterised by a significant quantity of reporting and advice to governments and there is a general consistency of performance reporting arrangements across the jurisdictions.

186. The NSW Commissioner reports directly to the Minister for Police. As a budget funded agency the NSW Police Service is required to report on performance each quarter to Cabinet under the state-wide Results and Services Plan. The NSW Bureau of Crime Statistics and Research separately provides to the government (and public) crime statistical information which, utilising police data, reports annually on crime trends over the preceding two years.

187. The NSW Minister for Police is separately supported by a Ministry of Police which provides the Minister with independent policy advice on issues affecting the police portfolio. It also supports the Minister in the performance of his Ministerial functions, including the government’s legislative program for the portfolio.

188. The Commissioner of the Queensland Police Service reports directly to the relevant Minister. The organisation is required to produce a strategic plan which must identify the relationships between its goals and outputs with the government’s fiscal and social

objectives. Other features of the arrangements include quarterly reporting to Treasury on financial performance and annual reporting to the Minister for inclusion in the Ministers portfolio statement.

189. The Commissioner of Police for Tasmania also reports directly to the Police Minister, both as Commissioner and as Secretary of the Department of Police and Public Safety. In that latter role the Commissioner has responsibility for emergency services, forensic services and the protection of primary industry resources. Annual reporting to the Parliament and periodic reporting to Treasury on financial performance are also features of these arrangements.

190. The Chief Commissioner of the Victoria Police Force reports directly to the Police Minister however performance specifications and budget processes form part of the Justice Department estimates and budget cycles. Performance reporting is to the Department of Treasury and Finance for both quarterly and annual targets. There are additional quarterly reporting requirements against any specific government initiatives. The Force is funded for service delivery against published performance measures and targets, which are approved and certified on a quarterly basis.

191. The Commissioner of the Western Australia Police Force reports directly to the Police Minister and also enters into an annual resource agreement with the Minister, based on outcomes, outputs and financial information. Performance effectiveness indicators (of which there are 20) are developed with the advice of the Department of Treasury and Finance and the Office of the Auditor-General.

192. The Commissioner of Police for the Northern Territory, who is also the Head of the Northern Territory Fire and Emergency Service, reports directly to the Police Minister without any additional departmental or ministry structure. Both quarterly and annual reporting on financial performance is provided to Treasury, together with a range of other periodic and annual reports directly to the Minister. An Office of Crime Statistics (utilising police data) separately provides government with a range of analyses of crime trends and performance of whole of government law and order programs and initiatives.

193. In New Zealand, the Commissioner is responsible to the Minister for the general administration and control of Police, financial management and performance and for ensuring the organisation efficiently and effectively performs its functions. Budget development, management and performance measurement includes periodic reporting to and interaction with Treasury.

194. In some European countries and in Canada, Commissioners of Police are frequently accountable to a Board or Authority.

195. In the United Kingdom Police Authorities (independent bodies made up of local people) oversight the work of the local police force in conjunction with the Chief Constable. Police Authorities monitor the efficiency and effectiveness of the local force and seek to improve policing performance and standards. They hold the Chief Constable

accountable for the delivery of services, set force budgets and determine local council tax contributions towards those budgets.

196. Police Authorities in the United Kingdom may also consider any complaints against the Chief Constable, Deputy and Assistant Chief Constables and monitor the complaints process against police officers up to the rank of Superintendent. They also have additional functions including administering an independent custody visitors scheme to monitor detainees when in police custody.

197. ACT Policing operates and interacts with the ACT Government in a similar manner to police in other Australian jurisdictions. However, the circumstances of the relationship between an arm of a Commonwealth agency which provides its services to another government (with necessarily different emphases and priorities to the Commonwealth) suggest there is continuing need for the current governance mechanisms provided through the Policing Arrangement and Purchase Agreements and some scope for enhancements in those arrangements. Those enhancements are outlined within Section 5.6 of this chapter. 5.3 Intergovernmental Agreement vs. Purchaser/Provider Contract 198. The current Police Arrangement and the subsidiary Purchase Agreements between the Commonwealth and ACT governments are not viewed by either the AFP or the ACT Department of Justice and Community Safety (JACS) as contracts for the provision of policing services.

199. While it is the case that the documents represent an agreement to provide goods and services in exchange for payment, the underlying legislative basis in the Australian Federal Police Act gives the arrangements a different character.

200. JACS view the Arrangement as attempting to accommodate the relationship between two Governments. The AFP views the Arrangement as an inter-governmental relationship, used for fostering partnership through co-operation and consultation.

201. In overview, the relationship between ACT Government and the AFP in providing policing services to the ACT community is characterised by a series of competing pressures of dependence and independence.

202. The ACT Government:

• Is responsible for policing in the ACT;

• Is the purchaser of policing services on behalf of the community and its interests are intertwined with its duty of care to the community;

• Is dependent on AFP to provide policing services;

• Must ensure that policing services are delivering value for the money being provided; and

• Is a major provider of funding to ACT Policing.

203. The AFP:

• Is dependent on ACT Government funding to provide its services for community policing in the ACT;

• Is responsible for deciding how it conducts its operations; and

• Is directly accountable to ACT Government for service delivery to the ACT community. 5.4 ACT Auditor-Generals Report 204. In May 2004 the ACT Auditor-General’s Office furnished to government a performance audit report on The Administration of Policing Services which reviewed the management of the arrangements by which the Territory acquires, pays for and monitors the provision of policing services.

205. The objective of that audit (paragraph 1.6, page 2 Audit Report) was to:

provide an independent opinion to the Legislative Assembly on whether the management of the Policing Arrangement covering the provision of policing services to the Territory is effective, in particular whether:

a. the 2000 – 2005 Policing Arrangement and the annual Policing Purchase Agreements between the Territory and the AFP enable the Government to exercise effective strategic oversight and financial control of policing;

b. outcomes and measures agreed in the annual Policing Purchase Agreements between the Territory and the AFP are relevant and complete for the purpose of evaluating the effectiveness and efficiency of ACT Policing; and

c. arrangements for reporting on the provision of policing services to the Government are satisfactory in that they allow for monitoring of timeliness, completeness and reliability.

206. The audit did not consider the conduct of policing by the AFP; it focused on the management of policing services by JACS, which is the primary ACT agency responsible for advising the Minister on policing matters (paragraph 1.7, page 2 Audit Report).

207. It was not the task of the JSG to analyse that Report and the underlying research and data on which the conclusions and recommendations are based. However because of the links between the Audit and the Policing for the Future Study, the findings and recommendations of the Audit were considered by the JSG during the course of this study.

208. ACT Policing advised that while recognising the role of the ACT Auditor-General and having provided information and other assistance during the audit, they do not necessarily support the terms of reference or recommendations arising from that audit. ACT Policing point out they were not consulted in the development of the Terms of Reference and do not consider it to have been a bipartisan audit of the Policing Arrangement and Purchase Agreements. 5.5 Strategic oversight of Policing Services 209. The present Policing Arrangement between the Commonwealth and ACT Governments embodies a number of key features and requirements which are intended to ensure an appropriate strategic oversight of policing services.

210. Specifically the provisions of the Policing Arrangement provide that:

• The Chief Police Officer is appointed by the Commissioner of the AFP with the approval of the ACT Minister for Police;

• Where the ACT Minister advises the Commissioner in writing of a lack of confidence in the Chief Police Officer, the Commissioner will replace the Chief Police Officer as soon as possible;

• The Minister may in writing provide directions as to policy, priorities and goals;

• The Chief Police Officer is to comply with those directions unless a contrary direction is received from the Commonwealth Minister;

• The Chief Police Officer is responsible to the ACT Minister for achievement of objectives in the Purchase Agreements, general management and control of AFP personnel and resources for the purposes of the Agreement;

• The Chief Police Officer is to provide information, reports and recommendations as the Minister may require;

• That information can include complaints about AFP employees, the deployment, operational status and movement of AFP employees;

• The Chief Police Officer will provide an Annual Report describing outcomes achieved, resources utilised, levels of crime reported and other matters as specified by the Minister; and

• The Chief Police Officer will provide annual financial statements accompanied by reports from an approved auditor.

211. The annual Purchase Agreements incorporate additional key features which are also directed towards achieving appropriate strategic oversight of policing services in the ACT. The relevant features include:

• Both the ACT Minister for Police and the Chief Police Officer are parties to the Agreements;

• The Agreements specify the policing outcome and associated outputs, performance measures and appropriate targets to be achieved;

• That short term variations to targets and priorities may be determined by the Minister following consultation and reasonable notice;

• The Chief Police Officer is to report to the Minister each quarter in an agreed format covering performance, finance and personnel; and

• The Chief Police Officer is to support ACT Government Ministerial information requirements.

212. The framework for strategic oversight of policing services clearly exists within the present Policing Arrangement and Purchase Agreements.

213. Effective and appropriate strategic oversight ordinarily infers that sufficient information is available to satisfy that requirement. In the ACT a very comprehensive range of functions and activities (detailed earlier in this Chapter) are undertaken by or at the direction of the Chief Police Officer in order to meet the accountability and reporting obligations required by the Policing Arrangement and Purchase Agreements. In this regard the roles of and relationships between the Minister and the Chief Police Officer are no different to those between Ministers and Commissioners of Police in other jurisdictions of Australia.

214. The Minister’s powers to give the Chief Police Officer general directions on policy, priorities and goals, but which do not extend to directing the Chief Police Officer in respect of operational matters or the deployment of resources, are also similar to those existing between Ministers and Commissioners of Police elsewhere in Australia.

215. Under the present arrangements the Chief Police Officer for the ACT is the principle source of policy advice to the Minister on policing matters, in like manner to Commissioners in most other jurisdictions. The NSW Minister for Police can, in addition to seeking the advice of the Commissioner of Police, draw on the Ministry for Police for independent policy advice on issues affecting the police portfolio as well as for support in the performance of his Ministerial functions, including the Government’s legislative program for the portfolio.

216. In other jurisdictions, policy advice in addition to that of the Commissioner of Police on law enforcement issues may be provided through the Attorney-General’s Department or a Department of Justice. The ACT Department of Justice and Community Safety does not formally have that responsibility, however in practice they often provide such advice. At present that Department holds the budget for ACT Policing and negotiates the purchase agreements on behalf of the ACT Government.

5.6 The Future Policing Arrangement 217. There are fundamental Commonwealth legislative requirements which determine that the AFP will be the provider of policing services to the ACT, and that ensure the AFP (through ACT Policing) observes the Commonwealths cost-recovery principles.

218. Through extensive discussions with representatives of ACT Policing and the Department of Justice and Community Safety, the JSG identified no preferable alternatives to the present governance arrangements embodied in the Policing Arrangement and subordinate Purchase Agreements. All feasible alternatives proposed and discussed were ultimately simply variations to the current arrangements but without substantial enhancements.

219. Consequently the focus of the study has been on identifying refinements and improvements rather than on any fundamental redefinition or replacement of the arrangement.

Overall objectives

220. In order to assist develop future Policing Arrangements and Purchase Agreements, it was considered important to establish an agreed set of overall objectives. These objectives are listed below and describe what all parties are seeking through the arrangement.

• Appropriate policing – the arrangement provides an agreed level of policing services for the ACT community;

• Service quality – the arrangement promotes and sustains the quality of service provision;

• Value for money – the arrangement encourages service provision at an optimum cost;

• Capacity to deliver – the arrangement provides for sufficient resources to deliver the services to agreed priorities and levels; and

• Continuous improvement – the arrangement provides incentives to pursue efficiencies in the interest of delivering high quality policing services.

221. These objectives are interdependent and should be considered collectively rather than in isolation. There is a natural tension between some of the objectives and both parties are seeking the best achievable balance of all objectives.

222. By way of example, the AFP is bound by Commonwealth policy to provide services to the ACT Government on a cost recovery basis. That policy is enunciated in the Department of Finance and Administration Circular 2002/02, Commonwealth Cost Recovery Guidelines for Regulatory Agencies, which provides a framework to assist agencies to design and implement appropriate cost recovery arrangements for some or

all of the costs of a particular activity. The first two objectives (level and quality of policing services able to be provided) are thus dependent upon the amount of funding available, but should nevertheless be maximised through pursuit of the remaining three objectives.

Operating principles

223. In addition to the objectives outlined above, discussions with the ACT Government and ACT Policing also identified a number of desired operating principles or behaviours which should underpin how the arrangement operates in practice. These principles are:

• Communication – all stakeholders are kept informed regarding relevant directions and decisions;

• Transparency – openness to disclosure of information, including objectives that drive the arrangement and data that supports the outcomes;

• Equity – all stakeholders are treated with mutual respect;

• Efficiency and effectiveness – the management of information and resources to make timely decisions and minimise cost, waste, duplication, and delays;

• Forward planning – considering the longer term to enable all stakeholders to plan with confidence for the future;

• Flexibility – preparedness to consider new or improved alternatives to the arrangement and the delivery of policing services; and

• Accountability – all stakeholders accountable for the arrangement and its resultant outcomes.

Improvements

224. Discussions with the ACT Government and ACT Policing also identified a number of specific improvements which would add value to the present arrangements. These improvements are:

• increasing the length of the Policing Arrangement (from the present five years) to provide for greater certainty to both parties;

• incorporating a review clause and stipulated review periods within the Policing Arrangement should it be extended from the present five year term; and

• developing additional capacity for providing independent advice to the ACT Minister for Police.

Duration of the Policing Arrangement

225. Some of the perceived benefits to be gained from extending the duration of the Policing Arrangement between the Commonwealth and ACT Governments include increased organisational certainty over the arrangements, enhanced opportunities for resource planning and acquisition, increased confidence within police staff as to their tenure in the ACT, enhanced professional knowledge of the ACT policing environment and reduced administrative costs resulting from less frequent re-negotiations of Arrangements.

226. A corollary to extending the Policing Arrangement is the suggested inclusion of a review clause on a time frame to be agreed between the parties. The purpose of the review clause is to address the appropriateness of the arrangements at the time of the review and would be in addition to the existing notice to cease clause within the present Arrangement. The frequency of each review should be determined by the length of the Policing Arrangement; for example if the Arrangement was extended to nine years, a review might be held at three yearly intervals. It was suggested that the focus should not be on the length of the Arrangements but on the processes by which both parties can be assured that the Arrangement was working effectively.

Liaison and financial monitoring role

227. The potential benefits were also canvassed of creating an additional small group of full time personnel, most likely in JACS, to perform policy and liaison and financial monitoring roles. While it is considered that such a group is essential in order to administer the nature of services and scale of expenditure involved in the Purchase Agreement, it should not consist of significant numbers of personnel. Both ACT Policing and JACS made it clear it cannot be established from within present resources. Additionally ACT Policing stated they could not make available any offsets which could achieve the same effect, nor did they wish to see such a unit set up at the expense of ACT Policing appropriations. There may be a role for ACT Treasury staff in the proposed unit. In any event it will require very positive interactions between the parties if the unit is to achieve its objectives.

228. A unit of the type and scale envisaged, staffed with the appropriate skill sets, could significantly enhance the corporate knowledge within ACT Government of the very complex financial and policy issues associated with the delivery of policing services within the framework with which government must acquire those services. At present within ACT Government there is no specific home for that knowledge; no dedicated organisational element located within any department, nor personnel dedicated to those tasks.

229. The JSG notes the 2004 recommendation of the ACT Auditor-General that JACS should analyse ACT Policing Annual Reports, Quarterly Criminal Justice Statistical Profiles and Quarterly ACT Policing financial reports for the purpose of briefing the Minister on the results of that analysis with recommendations for action where appropriate.

230. Of the present ACT Government Departments and agencies, it is suggested that the most appropriate department with the requisite law and order policy and monitoring focus in which to place the additional functions is the Department of Justice and Community Safety. Under present administrative arrangements that Department is responsible to both the Attorney-General and the Minister for Police and Emergency Services. The Department incorporates the Director of Public Prosecutions, the ACT Courts, ACT Corrective Services, ACT Legal Aid, the Government Solicitor, Parliamentary Counsel, the Domestic Violence Prevention Council, the Police Consultative Board and other functions.

231. JACS believe that an appropriate establishment would be a team of four personnel, consisting of:

• One Senior Officer Grade B (on a 50/50 share basis with ACT Treasury);

• One Administrative Service Officer Level 6 (also on a 50/50 share basis with ACT Treasury) – to undertake all financial considerations, costing advice, accounting tasks and economic functions.

• One Senior Officer Grade C – for all policy work; and

• One Administrative Service Officer Level 6 – to undertake all auditing, performance measurement, reporting design and benchmarking activities.

232. While there may be alternative arrangements to that suggested above, they are however matters for the ACT Government, and beyond the terms of reference of this study.

Policy advice

233. In proposing an expanded capacity within JACS, it is recognised that the ACT Minister currently receives policy advice from both the Chief Police Officer and JACS, albeit on a limited basis from JACS which in part reflects their present staffing limitations. While the full range of duties for the proposed unit, its organisational location and the working arrangements will need to be determined between the parties and the Ministers office, the creation of a policy and financial team will significantly enhance the capacity of JACS to provide the Minister with policy advice options and to provide financial management and oversight of the Policing Arrangement and Purchase Agreements. This proposal is consistent with the recommendations of the 2004 ACT Auditor- General’s Report on the Administration of Policing Services which found there was poor management of the policing arrangement.

234. The JSG notes that varying arrangements exist within policing governance for other jurisdictions of Australia on the issue of a department of police. The current approaches include the NSW Police Department, the Department of Police and Public Safety for Tasmania (and of which the Commissioner of Police is also Chief Executive Officer) and arrangements as in the Northern Territory where the Commissioner of

Police (in addition to being the Head of Fire and Emergency Services) is not otherwise supported by a departmental structure. In that latter instance, all policy and financial advice to government on law and order issues is provided by the Commissioner to the Minister.

235. The present arrangements in the ACT do not include a department of police, except for the de-facto role performed in this regard by the Department of Justice and Community Safety. In view of the nature of the arrangements for the provision of policing services to the ACT, the relative size of the ACT Government Ministry, the ACT departmental structure and the size of the police service, it would not seem necessary to create an additional organisation specifically for the management of the policing arrangements, particularly as the Chief Police Officer is and needs to remain (consistent with arrangements elsewhere in Australia) the principal source of policy advice to the Minister. That direct relationship between the Minister and Chief Police Officer must be maintained for the efficacy of the delivery of policing services.

236. The JSG is of the view that the ACT Government’s interests in ensuring their law and order policies and services are as they require are best achieved through an enhanced capacity within the Department of Justice and Community Safety. That will need to be complemented by appropriate administrative arrangements which determine the respective responsibilities of the Department and its Chief Executive and those existing responsibilities and accountabilities of the Chief Police Officer to the Minister for Police and Emergency Services.

237. The JSG notes that this proposal is consistent with a recommendation of the ACT Auditor-General in 2004 that the Policing Arrangement should clearly provide for JACS to take a primary role in managing the Arrangement and annual Agreements.

238. The discussions with representatives of ACT Policing and JACS also canvassed the merits of the development of a strategic plan for policing the Territory. The purpose of that plan would be to provide a longer-term view of law and order requirements and incorporate broad statements of the ACT Government’s priorities and directions in policing, including other strategies such as for property crime reduction. The plan, at outline level, could be developed in consultation with the ACT community, but in any event should be suitable for public articulation and dissemination. The plan should preferably be of three or four year’s duration.

239. A strategic plan of that nature will complement the Policing Arrangement (particularly if the suggestion to extend the duration of the Arrangement is adopted) and can be used to inform the annual Purchase Agreements. An annual stocktake of progress against the strategic plan will be necessary to ensure maximum benefits are derived from the process. The JSG is of the view that the implementation of a strategic plan will be of considerable benefit to both the ACT Government and ACT Policing, particularly for ensuring alignment of policing activities with government and community expectations and requirements and for better enabling forecasting of resource requirements.

5.7 Recommendations 240. It is recommended that:

• The overall structure of the present Policing Arrangement and Purchase Agreements is continued.

• The duration of the Policing Arrangement is extended from the present five years to eight years, while continuing to utilise annual Purchase Agreements.

• An extended Policing Arrangement includes provision for periodic reviews of the appropriateness of the arrangements, the frequency and specific details of those reviews to be determined by the parties.

• The role and functions of the Department of Justice and Community Safety in respect of the management of the Policing Arrangement and Purchase Agreements, the provision of policy advice to the Minister on policing matters and consequential arrangements between the Chief Executive of the Department, the Chief Police Officer and the Minister are formalised, without inhibiting the independent reporting and advisory responsibilities of the Chief Police Officer to the Minister.

• The structure, capacity and precise nature of the reporting and management functions to be performed as well as the scope of additional resources required to support the enhanced role and functions of the Department of Justice and Community Safety be determined by the Minister for Police and Emergency Services in consultation with the Chief Executive of the Department and the Chief Police Officer.

• A three year strategic plan is developed and promulgated in consultation with the ACT community, which complements the Policing Arrangement, informs the annual Purchase Agreements and outlines the ACT Government’s priorities and directions in policing.

6 Police Resourcing

Term of Reference 2 – Adequacy of police resourcing with specific reference to staff numbers, officer workloads and capacity to satisfy community expectations within the ACT with particular reference to the basis of determining personnel numbers at an appropriate level. This should pay particular attention to future crime trends and assess other features of the Territory which are likely to impact on the resource / personnel requirements. 6.1 Introduction 241. Police resourcing is a key aspect of the Policing Arrangement and associated Purchase Agreements. While the overall intent of the Policing Arrangement is to procure policing outcomes for the ACT and the resources required to deliver these outcomes is the primary responsibility of the AFP, the issue of police resourcing levels is an important one for both the ACT Government and the AFP. Community expectations are often expressed in terms of police numbers or the visibility of police and the AFP is bound by Commonwealth guidelines to recover costs in delivering these outcomes. As such, the level of funding required is directly linked to police resource levels.

242. This section investigates the current level of resourcing of ACT Policing within the Policing Arrangement and its appropriateness to meet government and community expectations. It also attempts to take into account trends in crime and officer workloads which may impact on resource / staff requirements.

243. The focus of the analysis in this section is to establish a basis for determining and maintaining personnel numbers at an appropriate level throughout the Policing Arrangement. The Study however is not able to recommend a specific number of personnel to be provided under the next Purchase Agreement. This will need to be determined between the ACT Government and ACT Policing taking account policing priorities within available budget levels, and is likely to change over time.

244. In assessing police resourcing, the JSG did attempt to develop a high level input-model to identify how police resources are allocated to ACT Government outputs and to investigate any resource gaps and/or service issues. This requires an explicit itemisation of services to be provided, as well as an activity based costing analysis of the work required to deliver these services. Neither were considered practical however within the study timeframe, given the inherent multi-tasking or cross-functional nature of community policing and that ACT Policing cost centres do not readily align with ACT Government outputs.

245. As a result, the approach adopted in undertaking this analysis was to review the range of available information in order to provide guidance on the adequacy of current police resourcing arrangements. Specifically the report considers:

• internal ACT Policing reviews of workplace activity, an analysis of unmet workloads and a comparison with policing arrangements in other jurisdictions within Australia (see Section 6.3);

• an independent analysis of operational and performance information typically used to assess resourcing within organisations (see Section 6.4); and

• a comparison of ACT Policing performance against a range of nationally reported policing indicators (Section 6.5).

246. Section 6.6 discusses opportunities for efficiencies and conclusions and recommendations are provided in Sections 6.7 and 6.8. 6.2 Current Resource Profile The resource profile of ACT Policing and population of the ACT over the period 1993/94 to 2003/04 is provided in Figure 3 below. This establishes a context for the discussion and analysis in the remainder of the Section.

Figure 3: ACT Policing Staff and ACT Population2 3

247. A comparison of ACT Policing staff per capita and the national average is provided in Figure 4 below.

2 Table compiled using staffing data reported in the Report on Government Services (Productivity Commission) and ABS population data (31 December). The table reports the population figures used by the Productivity Commission in its calculations (calendar year). 3 Staffing numbers prior to 2000/01 are not directly comparable with those after that time due to a change in counting rules involving enabling services

Figure 4: Total staff per 100,000 population (ACT and the national average)

350

300

250

200

150

100

Total per staff 100,000 population 50

0 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 ACT 242 237 235 235 235 236 231 246 245 248 251 Aust 271 272 277 278 280 277 260 270 283 285 289

Source: Productivity Commission, Report on Government Services

248. In 2000/01, a review of ACT Policing enabling costs led to the formula previously applied to the calculation of enabling staff being significantly revised. As a result, staffing figures are only fully comparable over the past three years. However, at an aggregate level, total ACT Policing staff per 100,000 has been below the national average each year since 1993/94 and remained relatively stable over that time.

249. In addition to being below the national average, total staff per 100,000 of population in the ACT is also lower than in any other jurisdiction (see Section 4.3 for further discussion around national comparisons).

250. A breakdown of ACT Policing resource establishments and staff allocation for the three years 2002/03, 2003/04 and 2004/05 is shown in Figure 5 below.

Figure 5: Current ACT Policing Resource Establishment 2002/03 to 2004/0545

251. Staff costs are a significant proportion of the ACT Policing annual expenditure, employee expenses amounting to $56,906m or 66% of the total annual expenditure in 2003/04. It should be noted that a significant proportion of the enabling expenses ($15,776m) also involve staff costs, thus staff resources account for 80-85% of ACT Policing expenditure.

4 Source: ACT Policing 5 Establishment is the level to which a unit may be staffed and may be different to levels reported to the Productivity Commission which are the average of staff levels at the beginning and end of the financial year

6.3 ACT Policing Resourcing Reviews 252. ACT Policing has undertaken a number of reviews of resources, including:

• a Workplace Activity Project (WAP), which assesses the current police effort required to undertake policing activities (Section 6.3.1) and estimates a resource gap based on tasks not undertaken or completed;

• a National Average Comparison, which estimates additional police resources required to bring ACT Policing in line with the national average for police members per 100,000 population, and those required to bring it in line with the average for small jurisdictions (ie. excluding Victoria and New South Wales) (Section 6.3.2); and

• a Management Assessment of additional services, which estimates the additional police resources required to cover the provision of basic services, unfunded new initiatives, degraded services and necessary services that are not currently able to be provided (Section 6.3.3).

6.3.1 Workplace Activity Project

253. The Workplace Activity Project (WAP) was initiated in November 2003 to identify the operational work performed by ACT Policing, with a view to identifying a more efficient and effective use of human resources to achieve Purchase Agreement outcomes.

WAP objectives and approach

254. The objectives of the WAP were to:

• Qualify and quantify the operational activities performed by ACT Policing;

• Understand the span of operations;

• Understand how long it takes to perform each operational activity;

• Understand where time is taken on operational activities;

• Identify the resources required to undertake that role;

• Reprioritise the operational activities;

• Identify efficiencies and process improvements;

• Identify a legislative change program arising from improvements; and

• Highlight activities that could be more appropriately performed by other agencies.

255. A full description of the methodology used in undertaking the WAP is provided in Appendix D.

WAP Findings

256. The WAP first considered the work undertaken and recorded within the Police Realtime Online Management Information System (PROMIS) and the Computer Aided Dispatch (CAD) system, and the time taken to complete that work. Once identified, PROMIS activities were assigned an incident type, based on the perceived impact each type of incident might have on the community.6 The incident types were defined as follows:

• Type 1 – ACT Policing will respond to these incidents (high impact crimes);

• Type 2 – ACT Policing will respond to these incidents (medium impact crimes);

• Type 3 – ACT Policing will attend to these incidents where time and resources allow; and

• Type 4 – ACT Policing believe these incidents could be better attended by other agencies or should not be undertaken by ACT Policing.

257. Time estimates were formulated based on focus groups and an empirical time survey. Figure 6 below summarises the estimated police time and resources required to deal with all PROMIS activities.

6 This priority level was assigned by the WAP project team and are not the same as the response priorities used within the CAD system.

Figure 6: ACT Policing PROMIS activities

258. The WAP also identified work activities not recorded in PROMIS using a combination of Focus groups and an empirical time survey. Figure 7 below lists the different types of non-PROMIS work undertaken by ACT Policing, and the estimated annual police effort for each activity.

Figure 7: ACT Policing non-PROMIS activities and resources required

259. The estimated total number of hours required by ACT Policing was compared to the number of hours available given the current level of resources. The staff calculation for this comparison does not include Research and Policy, Financial Services, People Strategies, Media and Public Relations, ACT Policing Inoperatives, and Enabling Services. The overall findings of the WAP are summarised in Figure 8 below.

Figure 8: Summary of WAP findings

Summary information Hours FTEs Available resources 1,002,978 683.6 Effort required for PROMIS work 940,909 641.3 Effort required for non-PROMIS work 335,591 228.7 Total police effort required 1,276,500 870.0 Resource shortfall 273,522 186.4

Assessment

260. ACT Policing has invested significant effort in identifying and costing (in terms of staff hours) each of the activities undertaken by police in responding to incidents within the ACT. It is a substantial attempt by ACT Policing to understand the span of work it undertakes and the police effort required to do so, and is considered to be more advanced than similar work known to be taking place in other policing jurisdictions in Australia.

261. The WAP analysis projections are however subject to the following limitations:

• The quantitative survey was undertaken over the course of two separate single weeks which may not reflect the workload for the year as a whole. The Activity Survey Summary Results reported by the Datacol consultancy also suggested significant variation around the mean time estimates for different activities. As result, the WAP calculations may be highly sensitive to small variations in activity estimates.

• The WAP calculations project workload based on annual crime statistics. Any variation in practices or interpretations in recording crime could also have a significant impact on the projected workload.

262. In view of these limitations, the WAP analysis is subject to a level of subjectivity and interpretation, and would need to be tested and refined over time. It is noted that the WAP analysis was costly and resource intensive, and considered impractical to repeat on an ongoing basis. The results do, however, provide a basis for better understanding the resource effort required to undertake policing activities. Further refinement of this work should be encouraged in the future, particularly with a view to identifying mechanisms to reduce the costs associated with future capture of activity data.

6.3.2 National average police numbers

263. Another approach taken by ACT Policing was to compare its resource levels to those of other jurisdictions. To ensure comparability, this is best done on the basis of police members per 100,000 population. Figure 9 below details the total number of staff per 100,000 of population in each jurisdiction, compared to the national average.

Figure 9: Total staff per 100,000 of population78

State / Territory 2000/01 2001/02 2002/03 2003/04 NSW 269 269 272 283 Victoria 247 252 257 259 Queensland 251 308 307 307 Western Australia 317 313 309 307 South Australia 303 309 312 307 Tasmania 301 308 306 310 Northern Territory 572 587 583 624 ACT 246 245 248 251 National average (all states) 270 283 285 289 National average (excl NT) 268 280 282 286 National average (excl Vic & NSW) 287 314 313 313

264. For each of the past four years the ACT has had fewer police members per 100,000 population than any other jurisdiction, and has been significantly below the national average. In 2003/04, ACT Policing was 38 personnel per 100,000 population below the national average of 289.

265. There is significant debate about the appropriateness of the national average or indeed its relevance when considering resourcing for the ACT. Issues often raised include the impact of the unique circumstances of the Northern Territory, for its relatively low population and high per capita police numbers, and Victoria and NSW for their relatively high populations and lower per capita police numbers. National averages excluding the NT and Victoria/NSW are included at Figure 9.

266. While The Northern Territory has double the number of police per 100,000 population compared to all other jurisdictions, its small population means that it has relatively little impact on the national average.

267. In the case of Victoria and NSW, it is argued their large populations and hence large police numbers afford economies of scale not available to smaller states and territories. The impact of excluding Victoria and NSW increases the national average in 2003/04 to 313 per 100,000 population.

7 Data for each jurisdiction and the national average (all states) is sourced from the Productivity Commission, Report on Government Services 2005 8 The national average (excl NT) and national average (excl VIC & NSW) was calculated using staff numbers reported in the Report on Government Services and population data from the ABS. The JSG used the same population figures used by the Productivity Commission in its calculations (calendar year).

Assessment

268. An assessment of which, if any, of the national averages is the most appropriate comparison necessarily involves consideration of the uniqueness of the ACT as discussed in Section 4.3.

269. In particular, the ACT is considered to be a predominantly metropolitan jurisdiction and is not required, as many other Australian police services are, to provide a police presence to remote and small pockets of population. Also, as the National Capital, the ACT has specific population characteristics that are not replicated in any other state or territory.

270. In the absence of a directly comparable jurisdiction, or detailed analysis around the comparative resource impacts of providing police services to rural and urban populations, the JSG believes that the use of national average police numbers on their own is problematic. The preferred approach is to compare ACT Policing with a broad range nationally reported indicators to take better account of jurisdictional differences. This is approach is discussed further in Section 6.5.

6.3.3 Management assessment of staff requirements

271. The senior management of ACT Policing conducted a comprehensive examination of organisational units and current resources within ACT Policing. This analysis was undertaken in September 2004 and identified several areas of focus considered to be beyond the current capacity of ACT Policing, and important to both the short and long- term management and reduction of crime in the ACT. The areas included:

• Provision of basic policing services;

• Unfunded new initiatives;

• Improvement of degraded services; and

• Provision of services not currently provided.

272. Figure 10 below lists these functional areas and the additional resources ACT Policing considers necessary to enable their implementation.

Figure 10: Additional services identified by ACT Policing9

Functional Area Additional Staff Additional patrol to each station 65 Establish a permanent ACT Policing Assistance Centre 24 Additional sergeant to each patrol 4 Create a child sex offender team 12 Support personnel for essential services (enabling staff) 19.5 Expansion of SACAT 12 Additional source handlers 2 Create an e-crime team 9 Support personnel for optimal services (enabling staff) 4.4 Tactical intelligence in Police Stations 8 Introduce additional fraud capacity 9 Expanded coronial team 9 Expand firearms management capacity 4 Increase City Watch House staff 8 Support staff for discretionary services (enabling staff) 7.3 Total additional staff 193.2

273. Each functional area is detailed below, with a discussion of the rationale and the risks of not providing additional resources to the area.

Additional patrols

274. Currently, each Police Station deploys two patrols, with backlog and response time data indicating that this is inadequate (see Section 6.4.2). Current response performance is not able to meet all requirements stipulated in the Purchase Agreement, and this is likely to continue to be the case without additional resources. ACT Policing have significant concerns that current delays in Priority 1 and 2 responses will result in a major failure of the priority response system.

275. Accordingly, ACT Policing is proposing an additional patrol to each station with interchangeability to assist in managing peak period activity. Under the ACT Policing staffing formula of 8.1 members to maintain one patrol position 24 hours a day, 365

9 Prioritisation approach used by ACT Policing described further in Appendix F

days a year on active patrol and response capable, this equates to an additional 65 staff.10

276. The staffing formula of 8.1 members for each patrol position is based on 30% downtime for activities such as brief preparation, PROMIS updates, conduct of subsequent inquiries, contact with victims, conduct of community activities such as attending Neighbourhood Watch meetings, and meals. No such downtime requirement is made for station based police positions, such as those maintaining front offices, as they are able to conduct these activities in the course of being office based.

Additional Sergeant to each patrol

277. Currently, each patrol team has a strength of five Sergeants, which is considered insufficient to satisfy basic staffing requirements for leave, training and shift coverage. Accordingly, ACT Policing believes an additional sergeant is required for each patrol (a total of 4 additional staff) to bring the base strength up to a minimum of 5.7 positions. It believes that without this increase there is a risk that staff will not be adequately supervised, and so will not perform at the necessary level of effectiveness and the administration of patrol teams will continue to be disrupted.

ACT Policing Assistance Centre

278. ACT Policing historically has had a system of station-based management of phone calls. However, in response to call drop-out rates of around 30%, a temporary ACT Policing Assistance Centre was established in 2004 to manage calls from Woden and Belconnen. Its success in reducing the incidence of call drop-outs is believed to justify the establishment of a permanent ACT Policing Assistance Centre, expanded to cover City and Tuggeranong.

279. Currently, the Assistance Centre is staffed by 15 non-ongoing positions. ACT Policing considers an additional 24 staff are required to resource a permanent Assistance Centre. This is based on the staffing formula for station-based staff of 5.7 for one position, and a requirement for four staff at the Assistance Centre at any one time.

280. Reversion to the original system of station based call management is likely to result in drop-out rates returning to their previous high levels along with an increase in community dissatisfaction, and potentially a highly public failure to respond to a critical incident.

Establish child sex offender team

281. In view of the recent increases in the area of child sex offences and paedophilia, ACT Policing believes there is a strong requirement to establish a Child Sex Offender Team.

10 Two personnel are required to be on a patrol at any one time.

Such a team is particularly critical in order to be able to support the ACT Government’s policy position on the Australian National Child Offender Register (ANCOR). Again the risk of not resourcing this function could result in a highly public failure.

282. Currently, there are no staff assigned to this function, which in a budget submission ACT Policing estimated would require 12 additional staff to manage effectively.

Create an e-crime team

283. The incidence of e-crime has also increased rapidly in the past five years, particularly in the area of child pornography. The community is understood to have high expectations in relation to the management of child pornography offences.

284. Currently, ACT Policing advise that only 0.6 of an FTE is assigned to these investigations. ACT Policing has reported major backlogs in this area and large numbers of possible investigations do not proceed.

285. ACT Policing has proposed the creation of a team dedicated to addressing e-crime. Given that a computer containing child pornography images takes an average of six weeks to examine, ACT Policing estimates that an additional 9 staff are required.

Expansion of SACAT

286. The Sexual Abuse and Child Assault Team (SACAT) has a staff of 18. ACT Policing have noted that the team has experienced high stress levels requiring significant management attention and intervention. There has been significant criticism of ACT Policing for assigning uniformed general duties staff to sex offence cases. Given that ACT Family Services has projected a large increase in referrals to police from around 3,000 to 7,000, ACT Policing forecasts that within a short period of time SACAT will be unable to handle referrals, leading to adverse consequences for victims and the possibility that serious offenders could avoid conviction.

287. To adequately meet the forecast future demand for SACAT services, ACT Policing believes that an additional 12 staff are required.

Expansion of fraud capacity

288. The fraud team currently consists of ten staff, and faces a significant backlog of cases as evidenced by 131 open fraud cases over 28 days as of 11 November 2004. In its Workplace Activity Project, ACT Policing estimated that a major fraud investigation takes an average of 786 hours of police time to complete.

289. Without additional resources, ACT Policing believes there is a risk that offenders will be able to continue to commit fraud on the ACT community without detection and that significant numbers of offences will continue to be unable to be investigated.

290. ACT Policing believes that this risk could be addressed if the fraud team was expanded to include a further 9 staff.

Increase City Watch House staff

291. There are currently two staff assigned to the City Watch House per shift with ad hoc support from patrol staff. To ensure the safe management of detainees, ACT Policing considers three staff are required per shift. Without this level of supervision, the risk of a death or injury in custody is increased and could lead to potentially serious repercussions for policing in the ACT community.

292. In order to increase the City Watch House staffing from 2 to 3 for 24 hours a day, 365 days a year, an additional 8 staff are required. This estimate is based on a staffing formula of 8.1 members for an additional position, which reflects the ratio for patrol positions.

Expand firearms management capacity

293. ACT Policing currently has 3 staff allocated for the purpose of firearm registration, but has no capacity for proactive management in relation to firearms in the ACT. Inspections are limited and data collection is only at a basic level.

294. The lack of capacity contributes to an unsafe firearms environment and may lead to highly public failure should a major firearms incident occur.

295. In particular, additional staff are considered necessary to ensure ACT Policing meets the applicable legislative and reporting requirements, namely:

• Section 21(3) (c) of the Firearms Act 1996, which requires the Registrar to be satisfied that the relevant safety and storage requirements are being met by applicants. At present storage inspections have been conducted for the Security Industry and Dealers, but a random inspections of general licence holders has not been conducted since April 2003;

• Section 16(1) of the Firearms Act 1996, which relates to the unauthorised possession and the prohibited use of firearms. A report of expired ACT firearms indicates there are possibly 2,135 expired licences within the ACT. Currently, there is no scope for ACT Policing to contact each licence holder to establish their status.

• Section 69(1) of the Firearms Act 1996, which requires the submission of quarterly returns by Firearms Dealers in the ACT. The Firearms Registry and Order Service Team (FROST) is required to enter the details into PROMIS, but has inadequate resources to do so.

296. ACT Policing consider that an additional 4 staff are required to appropriately address the above requirements.

Additional source handlers

297. There are currently 4 source handlers of confidential registered informants in ACT Policing, which makes the ratio of sources to handlers in ACT Policing around double that for the remainder of the AFP.

298. Working with sources is considered to be particularly effective and important in disrupting both volume crime and organised crime, which are currently two significant areas of focus for ACT Policing.

299. This current ratio of source handlers to informants is considered to be dangerous, with the potential for handlers to be compromised and sources killed or injured. While this has occurred in other jurisdictions, ACT Policing to date has only experienced near misses, and has as a consequence recently de-registered 68 sources.

300. ACT Policing considers that 2 additional source handlers are required to address risks in this area.

Expansion of coronial team

301. ACT Policing currently maintains a Coronial Team of 5 staff, which it considers inadequate to deal professionally with the volume of references it receives, and to allow a capacity for cold targeting.

302. At this level of resourcing, there is the potential for deaths and causes of deaths to be insufficiently investigated, for cold murders to not attract sufficient investigative resources and for offences to remain unsolved.

303. ACT Policing consider that an additional 9 staff are required to enable it to meet identifiable current and future workloads.

Introduce tactical intelligence in police stations

304. ACT Policing currently has no tactical intelligence officers posted to police stations. Instead, these positions have been withdrawn to the central unit to cover its core functions. ACT Policing believes that if this trend continues, patrol resources will not be targeted against emerging criminal threats/activity in the local community (ie. suburbs serviced by each police station) with the precision achievable by out posted intelligence officers. ACT Policing believes 2 intelligence officers are required at each station, a total of 8 additional staff.

305. In response to the withdrawal by the Operational Monitoring and Intelligence Support of their tactical intelligence officers, each police station in the ACT maintains a tactical intelligence officer drawn from their own resources. Hence, the need for additional staff for this function is reduced if it is accepted that it is currently being fulfilled out of

existing resources. This will be especially the case if additional general duties patrol staff is provided as discussed earlier in this section.

Additional enabling staff

306. ACT Policing also considers that there is need for additional enabling staff to support the additional police resources identified above. The number is based on pro-rata formula currently used to calculate enabling staff (refer also Section 11).

307. Based on this formula, and assuming all of the additional staff identified above, the enabling staff impact amounts to an additional 31 FTE staff.

Other service areas

308. Other areas of critical need or risk to the ACT community identified by the CPO analysis, include:

• Organised Crime – an increasing threat in the ACT which has the potential to cause a significant shift in the crime landscape;

• Gungahlin Police Station – Gungahlin is one of the fastest growing areas within Australia and there are strong community demands for a permanent police presence;

• CCTV City Police Station – the CCTV facility was installed without provision for additional monitoring staff in any full time capacity;

• Beat Team – the Beat Team, created to deter and manage public disorder by providing high profile intervention, has been reduced in size in order to support the development of a violent crime and counter terrorist capacity in the ACT; and

• Warrants Team – a small team of 1.5 staff with a current backlog of over 11,000 warrants; most of the warrants are for minor matters and other jurisdictions have typically adopted non-police methods for dealing with such matters.

6.3.4 Summary of ACT Policing reviews

309. Figure 11 below shows the resource shortage estimated in each of the above reviews conducted by ACT Policing.

Figure 11: Resource shortage estimated by ACT Policing

Review Approach Additional Staff Estimated Workplace Activity Project 186 National Average Police Numbers11 206 Management Assessment of Staff Requirements 197

310. While there is a degree of consistency between all three estimates, they are each subject to levels of uncertainty as discussed above. They are also not directly comparable indicators, viz:

• The Workplace Activity Project is an indicator of the shortfall in resources to attend to current levels of crime experienced in the ACT, based on unit workload estimates derived through a combination of focus group estimates and two weeks of activity surveys.

• The National Average Police Numbers is an indicator of the difference between the level of police numbers in the ACT and in other jurisdictions, but does not to take into account potentially different expectations, policing or levels of crime in those jurisdictions, or different policy decisions of each of the governments.

• The CPO Analysis is an assessment of the resources required to undertake additional policing work either currently not performed or not performed to the level believed appropriate.

311. All three review approaches do indicate that current resources are insufficient to meet the current demand for community policing services within the ACT. They are not however considered suitable to provide a basis for accurate, cost effective and ongoing quantification of the required levels of policing resources.

11 Excluding NSW and Victoria

6.4 Analysis of Performance Information 312. In addition to the analysis in Section 6.3, the JSG sought to identify and analyse relevant ACT Policing operational and performance information. While such an approach does not allow the direct quantification of resource shortages, it does provide an independent guide as to the ability of ACT Policing to meet and sustain performance standards.

313. Initially, the JSG considered using published key performance indicators (KPI) for this analysis. The KPIs are however high level and strategic in nature, and were not considered appropriate for an assessment of resource adequacy. Instead, a Balanced Scorecard approach to measuring performance was adopted. This approach assesses performance across four different organisational perspectives, namely:

• Financial performance;

• Operational performance;

• Community satisfaction; and

• Staff performance. These perspectives are discussed in the following sections.

6.4.1 Financial performance

314. ACT Policing funds are currently sourced from a combination of funding from the ACT Government and revenue from own sources. In the past, the ACT Government received a Special Fiscal Needs Grant (SFN) from the Commonwealth Grants Commission (CGC). The Grant was provided to ACT Policing to reflect any differences in the costs of policing the ACT compared to the rest of Australia, and on the basis that the ACT does not have control over the terms and conditions of employment of AFP employees. Since January 2005, the SFN has been revised and will be paid to the ACT Government from within the general pool of Goods and Services Tax revenues and no longer exists as a specific grant

315. Figure 12 below shows ACT Policing real expenditure for each of the past four years, including the value of the Commonwealth Government SFN grant.12 It represents the level of external funding required by ACT Policing.

12 Due to a change in methodology relating to the recognition of the costs associated with the provision of enabling services to ACT Policing, financial data prior to 2000/01 does not reflect the full cost of the service provided.

Figure 12: Real expenditure (less revenue from own sources and payroll tax, 2003/04 dollars)

$100,000,000

$90,000,000

$80,000,000

$70,000,000

$60,000,000

$ $50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$- 2000/01 2001/02 2002/03 2003/04 SFN component $10,330,000 $10,730,000 $11,060,000 $10,900,000 ACT component $68,544,000 $67,038,000 $73,024,000 $76,378,000

Source: Productivity Commission Report on Government Services 2005 and ACT Government Budget Papers

316. In aggregate, real expenditure has increased over the past 4 years from $78.9 million in 2000/01 to $87.3 million in 2003/04. Over this same period the portion of real expenditure provided through the Special Fiscal Needs grant increased from $10.3 million in 2000/01 to $10.9 million in 2003/04.

317. Figure 13 below compares real recurrent expenditure (less revenue from own sources and payroll tax) in the ACT to all other jurisdictions and the national average on a per capita basis.

Figure 13: Real expenditure per capita (less revenue from own sources and payroll tax, 2003/04 dollars)13

State / Territory 2000/01 2001/02 2002/03 2003/04 New South Wales $246 $238 $258 $264 Victoria $225 $232 $242 $243 Queensland $226 $234 $242 $248 Western Australia $259 $280 $286 $294 South Australia $229 $241 $254 $230 Tasmania $219 $236 $236 $240 Northern Territory $510 $554 $573 $637 ACT (including SFN component) $250 $244 $261 $270 ACT (excluding SFN component) $217 $210 $227 $237 National average $239 $243 $256 $259

318. If the SFN grant component is included, the cost of providing policing services in the ACT has been the third highest on a per capita basis for each of the past four years (behind WA and NT), and has been marginally more than the national average. If the SFN grant component is removed, the costs of providing policing services in the ACT is significantly below the national average, and lower than any other jurisdiction for each of the past four years.

319. Figure 14 below compares real recurrent expenditure per FTE (less revenue from own sources and payroll tax) in the ACT to all other jurisdictions and the national average.

13 Productivity Commission, Report on Government Services 2005

Figure 14: Real expenditure per FTE (less revenue from own sources and payroll tax, 2003/04 dollars)14

State / Territory 2000/01 2001/02 2002/03 2003/04 New South Wales $91,445 $88,416 $95,033 $93,324 Victoria $91,201 $91,966 $94,230 $93,766 Queensland $89,717 $75,960 $78,985 $80,824 Western Australia $81,674 $89,397 $92,677 $95,623 South Australia $75,811 $77,824 $81,456 $74,931 Tasmania $72,496 $76,764 $77,108 $77,283 Northern Territory $89,020 $94,342 $98,210 $102,075 ACT (including SFN component) $101,642 $99,575 $105,237 $107,884 ACT (excluding SFN component) $88,330 $85,836 $91,394 $94,410 National average $88,189 $85,850 $89,939 $89,604

320. If the SFN grant component is included, for each of the past four years real recurrent expenditure per FTE in the ACT has been significantly higher than all other jurisdictions and the national average. However, if the SFN grant component is removed, real recurrent expenditure per FTE in the ACT decreases to around the national average for the past four years.

321. This analysis suggests that if additional costs unique to the ACT Policing Arrangement are removed from the comparison, ACT Policing spends relatively less per capita and about the same per member as in other jurisdictions. The changed nature of the SFN grant however (see paragraph 314) means that the SFN grant may not be available in the same form in the future. This may have a significant impact on the ACT Government’s budget position by increasing the relative cost of ACT Policing to one of the highest nationally.

6.4.2 Operational performance

322. The operational performance of ACT Policing was reviewed through the analysis of crime levels and trends, clearance rates, response times, case backlogs, and the ability of ACT Policing to meet its legislative requirements.

14 Calculated from expenditure data and population estimates reported in the Productivity Commission, Report on Government Services 2005

Crime levels

323. Two series of crime data have been reviewed:

• Offence data recorded in the Police Real-time Online Management Information System (PROMIS) and published in ACT Policing Annual Reports; and

• Victims of recorded crime data prepared by ACT Policing and provided to the Australian Bureau of Statistics for publication in Recorded Crime – Victims, Australia (4510.0).

324. Offence data published in ACT Policing Annual Reports record the number of offences reported to police in the ACT. Recorded Crime – Victims requires ACT Policing and all other Australian jurisdictions to identify the number of victims of selected crime types as recorded in PROMIS. While the Recorded Crime – Victims series is able to provide national comparisons, there are important limitations which should be noted with this series:

• PROMIS currently only allows for the recording of one victim against each crime type and hence is believed to understate workload related to victims of crime; and

• Recorded Crime – Victims data are reported for selected offences only, in order to enable national comparisons, and hence cannot be aggregated to provide an indicator of overall policing workload. The 2004 report notes in the introduction "..it is not meaningful to aggregate the number of victims across each offence type and produce a 'total number of victims'; it is only meaningful to look at victim counts within each offence category.”

325. The two sets of data are not considered comparable because of these inherent differences. The approach adopted in this study has been to use both series, recognising the above limitations, in order to identify trends and patterns in crime levels and hence demand in policing activity.

Offences (PROMIS)

326. A key source of information regarding the level of crime in the ACT is the AFP national and community policing system PROMIS. Data recorded in PROMIS and previous systems over the 14 year period from 1990/91 to 2003/04 indicates that total offences recorded within the ACT have increased from a low of 23,165 in 1990/91 to 44,564 in 2003/04, peaking at 53,302 in 1999/00. This represents an overall increase of 21,399 offences or 92% since 1990/91, compared to a population increase of 12% over the same period.

327. Figure 15 to Figure 26 below provide an overview of crime statistics in the ACT over the 14 year period, both at an aggregate level and for a selection of PROMIS offence categories.

Figure 15: Total offences in the ACT (1990/91 to 2003/04) Figure 18: Total offences against the person

60,000 4,000

50,000 3,500

3,000 40,000 2,500

30,000 2,000

Total offences 1,500 20,000 Recorded offences

1,000 10,000 500

0 0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports Source: PROMIS data as reported in ACT Policing Annual Reports Figure 16: Assault offences (excluding sexual) Figure 19: Robbery and extortion offences

3,000 350

2,500 300

250 2,000

200 1,500 150 Recorded offences offences Recorded

Recorded offences 1,000 100

500 50

0 0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports Source: PROMIS data as reported in ACT Policing Annual Reports

Figure 17: Sexual assault offences Figure 20: Burglary offences

600 10,000

9,000 500

8,000

400 7,000

6,000 300 5,000

4,000

Recorded offences 200

Recorded offences Recorded offences 3,000

100 2,000

1,000

0 0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports Source: PROMIS data as reported in ACT Policing Annual Reports

Figure 21: Fraud and misappropriation offences Figure 24: Total burglary, fraud and other offences of theft

2,500 40,000

35,000 2,000

30,000

1,500 25,000

20,000

1,000 15,000 Recorded offences Recorded offences

10,000 500

5,000

0 0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports Source: PROMIS data as reported in ACT Policing Annual Reports

Figure 22: Theft or illegal use of vehicle offences Figure 25: Property and environmental damage offences

5,000 12,000

4,500

10,000 4,000

3,500 8,000 3,000

2,500 6,000

2,000 Recorded offences offences Recorded 1,500 offences Reported 4,000

1,000 2,000 500

0 0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 Source: PROMIS data as reported in ACT Policing Annual Reports Source: PROMIS data as reported in ACT Policing Annual Reports

Figure 23: Other theft offences Figure 26: Offences against good order

20,000 5,000 18,000 4,500 16,000 4,000

14,000 3,500

12,000 3,000

10,000 2,500

8,000 2,000 Reported offences Recorded offences Recorded offences 6,000 1,500

4,000 1,000

2,000 500

328. Figure 27 below shows the exact number of offences under the different categories from 1990/91 to 2003/04.

Figure 27: Offence categories 1990/91 to 2003/0415

15 Source: ACT Policing Annual Reports

329. Key points noted from this table are:

• Offences against the person have increased by 216% from 857 in 1990/91 to 2,707 in 2003/04, largely due to a 179% rise in assault offences over the same period.

• Sexual assault offences have increased by 728% from 58 in 1990/91 to a peak of 480 in 2003/04;

• Robbery offences have increased by 174% from 96 in 1990/91 to 263 in 2003/04, peaking at 324 in 1999/00;

• Generally, property related offences have increased markedly over the 14 year period, peaking in the years from 1999/00 to 2000/01;

• Burglary offences increased by 30% from 4,448 in 1990/91 to 5,791 in 2003/04, peaking at 8,678 in 1999/00;

• Theft or illegal use of vehicle offences increased by 56% from 2,907 in 1990/91 to 4,535 in 1999/00, before falling to 2,809 in 2003/04; and

• Other theft offences increased by 70% from 8,428 in 1990/91 to 14,362 in 2003/04, peaking at 18,364 in 1999/00;

330. While these figures indicate a significant increase in crime over the period, it is difficult to assess the relative influence of adequacy of resources. Other contributing influences could include poorer economic conditions, higher rates of unemployment, or an increase in the availability of heroin. The latter was generally considered to be the reason for the noted peak in property offences around 1999/00.

Recorded Crime – Victims (ABS)

331. The Recorded Crime – Victims (4510.0) series published annually by the Australian Bureau of Statistics (ABS) presents national crime statistics relating to victims of a selected range of offences that have been recorded by police. These statistics provide indicators of the level and nature of recorded crime victimisation in Australia and give a basis for measuring change over time. ACT Policing advises that the published data should be treated with some caution however, as PROMIS only allows ACT Policing to capture one victim for each offence.

332. Recorded Crime provides a comparison between all jurisdictions and the national average on the basis of recorded crime victims per 100,000 of population.

333. Figure 28 to Figure 34 below detail how ACT has performed against the national average for a range of selected offences.

Figure 28: Recorded victims of homicide and related offences Figure 31: Recorded victims of sexual assault offences

6.0 100.0

90.0

5.0 80.0

70.0 4.0

60.0

50.0 3.0 40.0

2.0 30.0

Recorded victims 100,000 per 20.0 Recorded victims per 100,000

1.0 10.0

0.0 0.0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 27.1 32.8 24.6 37.6 35.7 27.9 30.4 37.3 56.1 57.5 39.3 ACT 1.7 1.7 1.6 1.3 1.9 0.0 1.6 1.0 0.0 1.6 2.5 Aust 69 71.3 72.5 79.4 77.5 76.6 74.5 82.3 87.1 91.5 91.7 Aust 5.2 4.8 5.4 5.6 0 5.3 5.1 5.3 5.5 5.0 4.7 Source: ABS Recorded Crime - Victims 4510.0 Source: ABS Recorded Crime - Victims 4510.0

Figure 32: Recorded victims of total unlawful entry with intent (UEWI) Figure 29: Recorded victims of robbery offences offences

160.0 3000.0

140.0 2500.0

120.0

2000.0 100.0

80.0 1500.0

60.0 1000.0

40.0 Recorded victims per 100,000 100,000 per victims Recorded Recorded victims per 100,000 100,000 per victims Recorded 500.0 20.0

0.0 0.0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 38.4 43.1 52.5 66.8 74.7 94.8 101.2 98.4 79.9 65.6 62.0 ACT 1904.4 1657.5 1598.7 1461.5 1425.9 1815.2 2366.0 2452.8 1857.4 1903.5 1638.2 Aust 72.3 78.2 80.6 89.4 115.0 127.1 119.4 121.8 137.0 106.9 99.2 Aust 2161 2125.9 2131.7 2196.2 2276.2 2319.5 2195.7 2281.4 2244.9 2007.9 1777.9 Source: ABS Recorded Crime - Victims 4510.0 Source: ABS Recorded crime victims 4510.0

Figure 33: Recorded victims of motor vehicle theft Figure 30: Recorded victims of assault offences

1200.0

900.0 1000.0 800.0

700.0 800.0

600.0 600.0

500.0

400.0 400.0

300.0 Recorded victims per 100,000

200.0

Recorded 100,000 per victims 200.0

100.0 0.0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 0.0 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 560.6 532.7 510.8 509.0 508.8 787.8 1057.2 904.8 746.3 639.8 789.8 Aust 636.6 669.2 703.4 671.4 702.7 702.7 684.2 725.2 720.7 577.8 497.1 ACT 455.7 585.2 548.4 541.1 545.1 560.1 612.2 618.3 615.2 Aust 562.9 623.5 672.2 699.0 709.2 724.2 784.5 815.3 798.0 Source: ABS REcorded Crime - Victims 4510.0

Source: ABS Recorded Crime - Victims 4510.0

Figure 34: Recorded victims of other theft offences

4000.0

3500.0

3000.0

2500.0

2000.0

1500.0

1000.0 Recorded victims per 100,000

500.0

0.0 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 3385.8 3376.5 3028.5 3460.7 3745.0 3768.9 3169.9 3173.4 3366.9 Aust 2714.7 2850.0 2866.4 3008.9 3235.2 3556.8 3607.0 3466.7 3214.3 Source: ABS Recorded Crime - Victims 4510.0

334. Figure 35 below provides the full series of victims per 100,000 population for different offence categories from 1993 to 2003.

Figure 35: Victims of Recorded Crime (ACT and the national average)16

16 Source: ABS Recorded Crime – Victims (4510.0) series

335. Key points noted from Figure 35 are:

• The number of recorded victims of robbery offences per 100,000 in the ACT increased by 61% from 38.4 in 1993 to 62.0 in 2003, but has remained below the national average;

• The number of recorded victims of assault offences per 100,000 in the ACT has increased by 35% from 455.7 in 1995 to 615.2 in 2003, but has remained below the national average;

• The number of recorded victims of sexual assault offences per 100,000 in the ACT has increased by 45% from 27.1 in 1993 to 39.3 in 2003, but has remained below the national average;

• The number of recorded victims of total UEWI offences per 100,000 in the ACT has fallen by 14% from 1904.4 in 1993 to 1638.2 in 2003, and was above the national average in 1999 and 2000;

Further graphs of the variations in the individual crime categories are contained in Appendix H.

336. It is noted that the trends in Recorded Crime – Victims data observed above differ from the offence data from PROMIS noted in paragraph 329. This is due to the non- comparability of the two data sets as has been discussed previously in paragraph 324. It should also be noted that time series for Recorded Crimes – Victims commenced in 1993, while the PROMIS offence data reported in ACT Policing Annual Reports dates back to 1990/91. As a result it is considered that the trends from both sets of data cannot be directly compared but need to be used and interpreted separately, taking into account the basis for data counting involved.

337. Notwithstanding this, both sets of data indicate increases or decreases where they report similar crime types, albeit at different magnitudes for the reasons mentioned above. While Other Theft offences may appear to be an exception, both data sets indicate that the incidence of Other Theft crimes has fallen when considered over a similar time series – the offence data in PROMIS indicates a fall of 4.9% from 15,107 in 1995/96 to 14,362 in 2003/04.

Emerging Crime

338. The previous data indicates that volume crime (particularly motor vehicle theft, burglary and robbery) are key areas of focus for ACT Policing. A number of other categories of crime are also considered to represent an increasing threat to the ACT community. These are:

• Child sex offences – there is the potential for a major increase in crimes relating to paedophilia and child pornography; the level of recorded crime is currently limited by resources available for targeted investigations;

• Computer crime – there has been a significant increase in fraud related computer crime; and

• Organised crime – Territory and national intelligence indicates that there is significant potential for organised crime to expand with consequential increases in a range of other crime types such as burglary and robbery.

339. The rapid growth of the population in Gungahlin is also believed to have a significant potential to increase the demands for police services in the ACT. There have been strong demands from the Gungahlin community for a permanent police presence to control crime and maintain satisfactory levels of public order.

Clearance rates

340. Figure 36 below shows how clearance rates for different crime categories in the ACT have changed over time since 1990/91.

Figure 36: Percentage of offences cleared

100.0%

90.0%

80.0%

70.0%

60.0%

50.0%

40.0%

% offences cleared cleared offences % 30.0%

20.0%

10.0%

0.0% 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Offences against the person Robbery and extortion Burglary, fraud and other offences of theft Property damage and environmental offences Offences against good order Total Offences

Source: PROMIS data as reported in ACT Policing Annual Reports

341. The percentage of total offences cleared has more than doubled from 15.7% in 1990/91 to 34.5% in 2003/04. This represents the highest clearance rate over the sample period, and coincides with a significant injection of personnel into ACT Policing in 2000/01. Generally, this overall trend is the result of increased clearances of offences against the person, while property offence clearance rates have remained relatively constant.

342. A more detailed analysis of clearance rate data shows that:

• Clearance rates for offences against the person have increased from 57.4% in 1990/91 to 65.7% in 2003/04;

• Clearance rates for robbery and extortion offences have increased from 25.3% in 1990/91 to 34.0% in 2003/04;

• Clearance rates for burglary, fraud and other theft offences increased from 14.4% in 1990/91 to 22.5% in 1995/96 before falling to 18.9% in 2003/04;

• Clearance rates for motor vehicle theft offences increased from 13.3% in 1990/91 to 15.0% in 2003/04, the highest level since 1996/97; and

• Clearance rates for property and environmental damage offences have generally remained below 10% over the 14 year period, and were 7.8% for 2003/04.

343. In addition to PROMIS data, the JSG reviewed data comparing clearance rates in the ACT with other jurisdictions, including:

• 2003/04 clearance rate data compiled from the annual reports of other jurisdictions, which indicated that (acknowledging there may be comparability issues) the ACT is performing below levels reported elsewhere in Australia, and would be ranked as one of the lowest amongst other jurisdictions for offences against the person and property (see Figure 100 in Appendix H); and

• ABS 30 day clearance rate data, published as part of its Recorded Crime series; while this data has not been reported in recent years, the JSG was able to obtain the additional data which also indicated that clearance rates in the ACT for a range of community sensitive offences have fallen significantly to be amongst the lowest in Australia (see Figure 101 to Figure 108 in Appendix H).

344. These figures suggest that although clearance rates have increased in the ACT in recent years, they are doing so from a comparatively low base. Further data is provided in Appendix H.

Backlogs

345. Backlogs are a multi-dimensional problem that impact operations in several different ways, and the JSG was unable to identify a single performance measure in this area. Instead, a range of available data was used to obtain an indicative picture of the backlog situation:

• The number of uncleared offences in the ACT increased from 19,526 in 1990/91 to a peak of 40,688 in 1999/00, but has since fallen to 29,176 in 2003/04;

• At 11 November 2004, there were 1,295 open PROMIS jobs over 28 days that were considered community sensitive, with a median time open of 392 days and a mean time open of 712 days; and

• There is also a significant backlog in completion of a range of non-PROMIS activities; examples include that no firearm inspections have been undertaken since April 2003; there are 2,135 outstanding expired firearm licence inquiries; and 1,667 protection orders that have not been served.

346. While the data are not comprehensive or conclusive, they do indicate that ACT Policing are experiencing significant backlogs in their current activities.

Response times

347. Patrols are dispatched to incidents that occur across the Territory with prescribed response time objectives based on the level of priority allocated to each incident. The Computer Aided Dispatch (CAD) assigns each reported incident with a priority level from one to four:

• Priority One – Life threatening or time critical situations (eg. offender on premises);

• Priority Two – Situations where the information provided indicates that time is important but not critical (eg. disturbance);

• Priority Three – Situations where there is no immediate danger to safety or property but where police attendance is needed without undue delay (eg. suspicious / wanted person or vehicle); and

• Priority Four – Situations requiring police attendance but where time is not important, including circumstances where a time is agreed with the complainant (eg. traffic incident).

348. For each priority level ACT Policing reports its performance against tier one and tier two response targets as set by the ACT Government. The two tier system was agreed by ACT Government when ACT Policing found it was no longer possible to satisfy any response target on a one tier system. ACT Policing is still unable to satisfy all Tier 2 targets. The response time targets for 2003/04 and ACT Policing average response times for each priority level are provided in Figure 37 below.

Figure 37: ACT Policing response time targets and average response times17

Priority Response Targets (Tier 1 and 2003/04 Result Average Level Tier 2) Response Time

Priority One 8 mins 60% 65% 7 mins 12 secs 12 mins 90% 88%

Priority Two 20 mins 60% 74% 20 mins 20 secs 30 mins 95% 85%

Priority Three 2 hours 60% 85% 1 hour 8 mins 3 hours 95% 91%

Priority Four 24 hours 95% 92% 6 hours 33 mins 16 secs

17 Source: 2003/04 ACT Policing Annual Report

349. With the exception of priority two incidents, ACT Policing average response time met the tier one targets. Figure 38 below details the percentage of incidents responded to within tier one and tier two targets, and outside the acceptable range for each priority level.

Figure 38: ACT Policing performance against response time targets

100% 9% 8% 12% 15% 90%

80%

70%

60%

50%

40%

30%

20%

10%

0% Priority 1 Priority 2 Priority 3 Priority 4

Tier 1 Tier 2 Unacceptable

Source: ACT Policing 2003/04 Annual Report

350. The response performance of ACT Policing can be summarised as follows:

• ACT Policing responded to the required percentage of incidents within its tier one targets for Priority levels 1 to 3;

• ACT Policing did not respond to the required percentage of incidents within its tier two targets for Priority levels 1 to 3;

• ACT Policing did not respond to the required percentage of Priority 4 incidents within its target time;

• 55 Priority 1 incidents (12%) were not responded to within the required timeframe;

• 1,733 Priority 2 incidents (15%) were not responded to within the required timeframe;

• 1,905 Priority 3 incidents (9%) were not responded to within the required timeframe; and

• 1,218 Priority 4 incidents (8%) were not responded to within the required timeframe.

351. Due to jurisdictional differences in reporting it is not possible to compare this with the performance of other police services nationally. The figures do however indicate a serious issue for police response performance within the ACT (see also the following section in which community satisfaction is considered).

Ability to meet legislative and non-legislative requirements

352. There are a range of legislative requirements with which ACT Policing is obliged to comply, but is not able to at the present time. Some examples are provided below, with full detail provided in Appendix H.

• Section 197-204, Crimes Act 1900 (computer forensics) – ACT Policing is in most circumstances unable to comply with the requirements under these sections, including amongst other things the return within 24 hours of a computer seized after the execution of a search warrant;

• Part 1C, Crimes Act 1900 – ACT Policing often does not get transcripts of interviews to person/s within 7 days as required;

• Section 99(1), Protection Orders Act 2001 – In 2003/2004 a total of 10,149 orders/summons were received, but only 84% served; and

• Section 21(3) (c), Firearms Act 1996 – ACT Policing has not been able to undertake random inspections to ascertain if relevant safety and storage requirements are being met by licence holders.

353. Such non-compliance is a further indicator that ACT Policing is currently unable to adequately fulfil its obligations under legislation and the terms of the Policing Arrangement.

6.4.3 Community satisfaction

354. Direct consultation with the ACT community to gauge satisfaction with law and order and the level of policing was not within the scope of this study. Community satisfaction data are reported by the Productivity Commission but due to a change in methodology and service provider (from ABS to AC Nielsen), survey results prior to July 2001 are not directly comparable to more recent results.

355. By way of comparing methodologies, the ABS surveyed 3000 households across Australia via face-to-face interviews conducted by an agency with coercive legislative powers to require selected people of eligible age to participate, while AC Nielsen surveys 23,000 households via voluntary telephone interviews. Appendix H provides full details of community satisfaction data prior to 2001.

356. Figure 39 below compares the general satisfaction with policing services in the ACT with the national average.

Figure 39: General satisfaction with policing services (satisfied and very satisfied)

80.0

70.0

60.0

50.0

40.0

30.0

20.0

% satisfied or very satisfied satisfied very or satisfied % 10.0

0.0 01/02 02/03 03/04 ACT 68.3 71.5 70.6 Aust 69.9 72.7 71.8

Source: Australasian Centre for Policing Research: National surveyof community satisfaction with Policing (AC Nielsen)

357. The data indicate that:

• General satisfaction with the services provided by ACT Policing has increased from 68.3% in 2001/02 to 70.6% in 2003/04. Over the same period, the national average also increased from 69.9% to 72.7%;

• General dissatisfaction with the services provided by ACT Policing has decreased marginally from 6.9% in 2001/02 to 6.3% in 2003/04. Over the same period, the national average also fell from 8.4% to 6.3%;

• Among those who have had contact with police in the last 12 months, general satisfaction with the services provided by ACT Policing fell from 78.6% in 2001/02 to 76.0% in 2003/04. Over the same period, the national average increased from 80.2% to 80.4%;

• Among those who have had contact with police in the last 12 months, general dissatisfaction with the services provided by ACT Policing increased from 13.3% in 2001/02 to 15.3% in 2003/04. Over the same period, the national average fell from 14.0% to 11.8%;

• Satisfaction with ACT Policing dealing with public order problems decreased from 55.2% in 2001/02 to 48.9%% in 2003/04. Over the same period, the national average increased from 51.5% to 51.8%%;

• Satisfaction with ACT Policing support for community programs fell from 66.0% in 2001/02 to 60.0% in 2003/04. Over the same period, the national average fell from 71.4% to 70.2%. This is currently the lowest in Australia which ACT Policing advise is due to insufficient personnel who can be deployed for these purposes.

358. The level of complaints against ACT Policing has decreased steadily from 196 complaints per 100,000 population in 1997/98 to 156 complaints per 100,000 population in 2003/04. No national comparative data is available due to variations in the legislative and administrative arrangements in the other jurisdictions.

359. In summary the survey data indicate that ACT Policing is generally considered to provide a high level of service to the ACT community, but there are specific areas of concern which may require further detailed investigation. This was reinforced by anecdotal evidence obtained via consultations, particularly that ACT Policing provide a very high quality and professional service when dealing with high priority incidents, but that this is reduced for lower priority incidents. This appears to reflect the reduced capacity of ACT Policing to allocate resources to lower priority incidents.

360. It was also noted from consultations that the current policing arrangement provides significant two-way benefits that would be difficult to achieve in any other arrangement, particularly that the ACT community has the benefit of a professional and internationally experienced police service while the AFP has the benefit of ready access to a reserve of community police officers that can be deployed internationally.

6.4.4 Staff performance

361. The JSG also sought to identify and assess indicators regarding the performance of ACT personnel, and whether these could be related to the adequacy of resourcing levels. Staff health was an area where specific data was able to be investigated.

362. Figure 40 shows the time lost to mental stress as a proportion of total time lost for ACT Policing and the AFP as a whole.

Figure 40: Time lost to mental stress as a percentage of total time lost

70%

60%

50%

40%

30%

20%

10%

0% 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 ACT AFP Source: Comcare data

363. Time lost by ACT Policing to mental stress (as a percentage its total time lost) has been 40% or above for three of the past four years. This is well in excess of the level reported for the four years preceding that, and above the level reported for AFP as a whole. ACT Policing has sought to address this issue by engaging additional welfare officers, chaplain and caseworkers to manage the problem . The decrease in time lost since 2001/02 corresponds to an increase of 350% in case management staff. The costs of these additional measures have also diverted resources from other priorities.

364. While there may be other issues which equally influence the stress levels experienced by police personnel, such as the nature of prevailing crime and international deployment activities, ACT Policing believes that the need for increased management attention to staff welfare is a strong indicator of the lack of adequate resources to undertake policing activities in the ACT.

365. Figure 41 below shows the percentage of ACT Policing staff at various levels of years of service over the three years 2002 to 2004.

Figure 41: ACT Policing staff experience levels

70%

60%

50%

40%

30%

20%

10%

0% 0 01-05 06-10 11-15 16-20 21-25 26+ 2002 12% 37% 4% 14% 12% 11% 9% 2003 0% 61% 5% 6% 10% 9% 9% 2004 3% 58% 6% 6% 9% 10% 7%

Source: Report is based on ACT Policing EIS Pay downloads 26 for each financial year

366. The percentage of ACT Policing staff members with less than ten years experience increased from 53% in 2002 to 67% in 2004, and those with less than five years experience from 49% in 2002 to 61% in 2004. 18

6.4.5 Summary

367. Overall the performance data indicate that:

• Crime rates in the ACT are growing at or near the national average and are well in excess of the historic position in the ACT;

• Police expenditure per capita and per member is comparable to other jurisdictions if the Special Fiscal Needs grant is excluded but would be relatively high should the SFN grant not be available;

• Crime clearance rates have improved in recent years but remain amongst the lowest in Australia;

18 ACT Policing advises that after 5 years experience it considers police to be at their peak, and that long experience has been linked to de-motivation, stress and burnout.

• There are service delivery issues associated with increasing backlogs and unmet response times;

• ACT Policing is expending increased levels of management effort in addressing stress-related staffing issues; and

• Levels of staff with less than five and ten years experience have increased over recent years.

6.5 Basis for Determining Personnel Numbers 368. The analyses in the preceding sections all support the finding that under current operational arrangements ACT Policing is inadequately resourced to meet all of the existing workload demands for policing services. The analyses are not however in themselves able to provide any accurate estimate as to the level of additional resources required, nor any basis which can be easily repeated or sustained over time.

369. In particular the range of reviews conducted by ACT Policing as discussed in Section 6.3 indicate a requirement for significant additional staff, in the order of 30% of current operational staff. All of these reviews are subject to a level of uncertainty and measure different aspects of resource discrepancy – the Workplace Activity Project estimates effort currently required in excess of available resources, the National Average approach compares levels of policing required in other jurisdictions and the CPO Analysis estimates the staff required to undertake functions currently not performed or adequately resourced.

370. The assessment of operational and performance information in Section 6.4 similarly indicates a resourcing shortfall through a balanced scorecard approach, identifying issues in terms of clearance rates, backlogs, and response times, and staff performance issues related to stress levels. It cannot however be used to quantify or confirm the level of resourcing shortfall.

371. While, the preferred approach to obtain a detailed resource gap estimate is to use an input/output model which maps ACT Policing cost centre actual efforts to Government outputs, this would require an extensive activity based analysis against a defined set of policing activities. It would also require consideration of whether services are being provided as efficiently as possible, whether some policing services could be provided more effectively using alternate sources and possible variations in government policing priorities. It is acknowledged that data is not currently available in this form, nor could it be collected within the timeframe of the study.

372. In recommending a basis for determining personnel numbers, the JSG has sought to identify an alternative approach that:

• Is based on information that is independent, transparent and publicly available;

• Is relatively stable and not subject to significant short term variations;

• Is simple to calculate and readily understood throughout the community; and

• Will enable future ACT Policing performance (and performance targets) to be assessed against other jurisdictions and Australian averages over a wide range of factors including both input-oriented measures (such as personnel numbers and expenditure levels) and output-oriented measures (such as crime rates, workloads and community satisfaction).

National Comparator Model

373. The JSG considers that the most appropriate basis for determining personnel numbers at this time is by comparison to a group of national indictors. It compares the ACT with national averages for all the identified indicators, and calculates the level of personnel numbers that minimises in the combined differences from the suite of national averages19.

374. The modelling assumes that ACT Policing output-oriented indicators vary in general proportion to personnel levels, and establishes the level of resources that would bring the ACT as close as possible to the national average on the combination of indicators. By comparing against a range of national indicators, the proposed approach takes greater account of jurisdictional differences and hence addresses one of the limitations associated with a single benchmark comparison against national police numbers per capita. The model calculations and underlying assumptions are described in more detail in Appendix G.

375. The model calculation is illustrated in Figure 42 below, using the full range of current indicators tabulated in Figure 43. Under these parameters, the number of personnel required to minimise the combined differences from the national averages is 906, or an additional 107 personnel.

376. While this would bring ACT Police to a level close to the national average of police (284 FTEs per capita for the ACT compared with 290 FTEs per capita nationally), it should be noted that this would not necessarily always be the case.

377. To illustrate this point, if the current ACT Policing property crime clearance rate was at the national average of 26.8% with all other indicators unchanged, the national comparator calculation results in only an additional 64 FTEs, or 271 FTEs per capita compared with a national average of 290 FTEs per capita (see Figure 44 below for the specific calculation).

378. It is acknowledged that the previous calculation represents a hypothetical situation, intended to demonstrate the potential of the model to calculate varying resourcing levels. In reality, the achievement of a dramatic increase in one indicator would require a significant reallocation of resources which may result in a corresponding decrease in performance of other indicators. Hence, unless there is an expected change in one or more of the indicators, any substantial movement in the national comparator calculation of FTEs is likely to occur gradually over a number of years.

19 The actual calculation used minimises the sum of the squares of differences of indicators from the national average

Figure 42: National Comparator Model

379. It should also be noted that the model provides a retrospective guide to the adequacy of resource levels. It recalculates prior year performance indicators to identify the level of resourcing that would have best approximated the national average on the combined indicators. The recalculated indicators could be used to provide some indication as to where the impact of any future changes to resource levels may be observed, but will not necessarily be appropriate for setting performance targets in subsequent years. Such target setting should continue to include joint discussions between ACT Government and ACT Policing, particularly regarding community policing priorities.

380. It is also expected that any additional personnel would be phased, and specific functions targeted via the establishment of appropriate priorities with KPIs amended as necessary to reflect additional performance expectations. During that time, the efficiency and effectiveness opportunities identified later in this report in Sections 6.6 and 10.6 (and any other emerging arrangements) could continue to be pursued by ACT Policing to ensure resource inputs remain proportionate to the requirements of government, police and the community.

Model usage and enhancement

381. The indicators incorporated into the model are:

Figure 43: Indicators used in sample calculation

Input Indicators Output Indicators • FTEs per 100,000 per capita • Offences against the person cleared • Offences against property cleared • Satisfied with services provided by police • Satisfied with police (contact last 12 months) • Dissatisfied with service provided by police • Dissatisfied with police (contact last 12 months) • Feel safe at home during day • Feel safe at home after dark • Feel safe jogging / walking during day • Feel safe jogging / walking after dark Expenditure Indicators Workload Indicators • Real recurrent expenditure per • Recorded victims person crimes per FTE capita • Recorded victims property crimes per FTE • Real recurrent expenditure per • Recorded offences against person per FTE FTE • Recorded offences against property per FTE

382. The approach can also be readily adapted to model and compare varying combinations and weightings of indicators, or against varying combinations of jurisdictions. The results of a number of different model calculations are tabulated below.

Figure 44: National Comparator Model sample results

383. Specific observations drawn from these calculations are that:

• The results for 2002/03 and 2003/04 years are relatively stable;

• The impact of excluding the Northern Territory (which has significantly higher staff per capita) is negligible, due to the relatively small NT population;

• Exclusion of larger states such as Victoria and NSW has the impact of reducing the calculated staff number for ACT Policing, predominantly due to the fact that ACT Policing requires fewer staff to approximate the work profile of the remaining jurisdictions; and

• Exclusion of offence or victims indicators does impact the calculated staffing level in reverse ways, due to the fact that ACT Policing reported performance on these indicators varies around the national levels.

384. The model was also used to test the inclusion of staff involved in Commonwealth policing activities. The above calculations show that the inclusion of 52 staff attributed in 2003/04 to Commonwealth policing activities results in a reduction of additional staff from 107 to 92, or a net reduction of 15 in additional staff. An important consideration in order to determine whether to include the Commonwealth policing component is to establish the level of impact that the Commonwealth policing activities have on the nationally reported indicators. Data currently recorded are not able to quantify this impact.

385. The results also show that if ACT Policing performance were to increase in one indicator (such as property clearance rates as in the above table), there would be a significant reduction in the calculated staff level. In reality, the reassignment of effort required for dramatic improvement in one indicator would normally be expected to be accompanied by a compensating reduction in other indicators.

386. The indicators used in the above calculations relate predominantly to community policing activities involving victim-related offences. While this represents the most significant proportion of ACT Policing effort, consideration could be given to identifying and including nationally available indicators which relate to non-victim related activities, for example, traffic offences and self-reporting.

387. Currently reported offences in NSW are not reported in the same way as for the other jurisdictions. NSW offences are reported by the Bureau of Crime Statistics and Research (BOCSAR) but the figures are not directly comparable to the Productivity Commission figures reported by other jurisdictions. Inclusion of such figures for NSW may increase the accuracy of the National Comparator Model.

Relative Input Efficiency Model

388. The national comparator approach can also be used to assess efficiency of policing activities using a Relative Input Efficiency Model. This method analyses the level of reported inputs required to produce reported outputs. Data Envelopment Analysis (DEA)20 techniques can be used to determine an “optimal jurisdiction”, the weighted combination of all national jurisdictions which requires the least inputs to produce the same as the reported level of ACT Policing outputs. The model is described in more detail in Appendix G.

389. The proportion of ACT inputs required by the “optimal jurisdiction” is its Relative Input Efficiency. As examples, a Relative Input Efficiency of 1.0 means that no combination of the best performance of all national jurisdictions could produce ACT reported outputs with any fewer of the inputs modelled (ie. FTEs); and a Relative Input Efficiency of 0.5 means that the combination of the best performance of all national jurisdictions could produce ACT reported outputs with half the inputs.

390. The available indicators of inputs and outputs considered appropriate to use in efficiency analysis are tabulated in Figure 45 below. The expenditure and workload indicators used in the National Comparator Model (see Figure 43) do not relate directly to inputs or outputs but more to issues of pricing and work volumes, and hence are not included in the efficiency analysis.

20 Joe Zhu, Quantitative Models for Performance Evaluation and Benchmarking: DEA with Spreadsheets and DEA Excel Solver, Springer (Kluwer Academic Publishers), Boston, 2003, ISBN 1-4020-7082-9

Figure 45: Indicators used in Relative Input Efficiency calculation

Input Indicators Output Indicators • FTEs per 100,000 per • Offences against the person cleared capita • Offences against property cleared • Satisfied with services provided by police • Satisfied with police (contact last 12 months) • Dissatisfied with service provided by police • Dissatisfied with police (contact last 12 months) • Feel safe at home during day • Feel safe at home after dark • Feel safe jogging / walking during day • Feel safe jogging / walking after dark

391. It is noted that this approach is not a full input-output model which can be used to determine the actual resources required to produce specified outputs. The data for such a model are currently not available and the costs of collecting such data on a regular basis throughout the next Policing Arrangement are considered to be prohibitive. Rather the approach adopted uses currently reported and readily available input and output indicators to provide an analysis of relative efficiency against a national ideal optimum jurisdiction for those indicators.

392. The proposed Relative Input Efficiency Model can be used in conjunction with the National Comparator Model to test whether varying resource levels would have any significant impact on relative efficiencies. The impact of the National Comparator Model calculation of staff numbers is shown in Figure 46 below.

Figure 46: Relative Input Efficiency Calculations

393. This analysis suggests that, at the current level of resourcing and reported performance, ACT Policing is operating at a level considered at the theoretical optimum. Increasing resource levels with the corresponding performance increases as calculated in the National Comparator Model would not change ACT Policing as operating at the theoretical optimum. On the other hand, increasing ACT Policing

resource levels without any corresponding increase in reported performance would reduce its relative input efficiency to around 92% of the theoretical optimum. 6.6 Opportunities for Efficiencies 394. Notwithstanding the results of the Relative Input Efficiency model, discussions with ACT Policing staff and other Justice portfolio stakeholders identified a number of opportunities for gaining further efficiencies that are being or could be pursued in the future. These are discussed below.

395. There have been a number of recent significant endeavours by ACT Policing to be both more efficient and effective in the delivery of policing services. Recent examples include the introduction of specialist unsworn Communications staff (2000/01) – sworn officers continue to provide supervision on each shift and training; prisoner escorts and court cell duties were handed over to another agency (realising a gain of some 22 constable’s positions); and the police assistance centre which was introduced as a trial measure to enhance the organisation’s responsiveness to the public in the handling of telephone calls. That initiative has the further benefit of relieving sworn officers from dealing with matters which can be just as effectively undertaken by trained, but unsworn staff.

396. The introduction of flexible hour rosters, such as the 12 hour roster trial at Woden police station, appears to have produced significant advances in aligning the delivery of policing services with identifiable work-load demands. That roster trial is being extended to other police stations within the ACT and that is supported.

397. Accordingly while ACT Policing recognise the contribution of the variable shift roster to increased police responsiveness, they do not consider it to be a substitute for additional police resources necessary to properly meet all of their requirements.

398. Other aspects of ACT Policing service delivery may by enhanced through measures such as a whole of government approach to the administration of criminal justice. While not quantified at this time, it was suggested that better alignment of the work of police, the DPP, the Courts and the adoption of quality standards and electronic briefs of evidence within those processes offered significant savings in time to each of those agencies. Any savings in time could be translated into savings in requirements for additional staff, recognising a detailed cost/benefit study would be necessary.

399. Similarly further efficiencies would appear to be available through the enactment of legislation to enable the acceptance of evidence by video into ACT Courts. The JSG was advised that Court proceedings are often disrupted by the absence of ACT Policing witnesses, however the consent of defence counsel is required before evidence by video link can be introduced into proceedings. It would be useful if the present barriers could be removed by the passage of appropriate legislation which may have additional benefits in catering for the mobile nature of the ACT Policing workforce. There are cost implications associated with implementing such changes, particularly with regard to the necessary legislative amendments and equipment purchases, predominantly for the ACT Courts.

400. A number of comments were made during consultations which questioned the practice of maintaining staff on the front counters of Belconnen, Woden and Tuggeranong police stations late at night and during the early morning. It is acknowledged that the City Police Station needs to remain as a 24 hour facility, particularly as it contains the only Watch House for the ACT. There appear to be efficiencies to be gained in closing the front counter of the other police stations (as occurs in surrounding NSW Police stations) between 11pm and 7am with communication intercoms between those locations and the Communications section to provide an alternative arrangement for the public.

401. This is a sensitive community issue and the closure of any stations would need to be accompanied by a clear strategy for ensuring the community is able to access police services after hours. It has been suggested that better use of existing communication technologies would be far more beneficial to the community and cost effective than providing a 24/7 physical presence in all police stations.

402. Closing police stations as suggested may increase workloads at Civic Police Station and the Police Assistance Centre; those factors and the costs of purchasing and maintaining communications equipment for installation at the stations to be closed will each need to be considered. ACT Policing suggest that closing the Civic Shopfront police station would not have the same additional impact on either Civic Police or the Police Assistance Centre as closing other stations.

403. Other efficiencies are possible through the introduction of one-person general duties patrols during the hours of daylight. It is understood that there are industrial and possibly additional vehicle considerations in this proposal, however the gains to be made are such as to suggest this issue should be actively pursued. Traffic Operations members of ACT Policing largely operate as single person patrols (including during hours of darkness) as do many elements of the NSW Police in districts surrounding the ACT. Appropriate policies and practices would be required for police responding to potentially high risk incidents. In this regard it is noted that a very large proportion of the police forces throughout the United States (with a demonstrably greater risk to police officers) have developed the necessary practices to effectively operate single person patrol units.

404. Similarly, one-person patrols could more effectively deal with offences such as cold burglaries and stolen motor vehicles than is the current practice. The Workplace Activity Survey indicates the significant time taken on these high volume tasks; that requires more efficient solutions to be identified as a matter of priority.

405. It was also advised that the demands by ACT Policing on Forensic Services and the associated costs were such as to warrant targeted and structured training for ACT Policing operational staff on the nature and capacity of those services for the specific purpose of limiting those demands to worthwhile instances. The clear impression was that ACT Policing demands on that service are frequently disproportionate to investigational requirements and are made without consideration for the costs of the services sought or the limitations of the capacities of Forensic Services.

406. Training for operational staff of ACT Policing would not be intended to equip them to act as crime scene examiners or to become trained scientists, but to enable them to make better judgements as to when to call on the assistance of forensic experts.

407. Other possible areas raised for further investigation regarding efficiencies are:

• Warrants – the ACT government and ACT Policing should consider alternative methods of dealing with warrants, as is the case in other jurisdictions. Currently, ACT Policing has a backlog of over 11,000 warrants of which approximately 1500 are Warrants in the First Instance. Most of the remainder are for minor matters. Other areas for consideration include reducing police participation in the service of Court orders (for example by using the mail system) and police attendance at evictions by the Department of Housing. Consideration needs to be given to the effect of cost shifting which might arise from the transfer of such functions from police to another agency.

• Shop stealing – Due to the requirements of Section 187 of the Crimes Act 1900 (of the ACT) the investigation requirements and processes of Part 1C of the Commonwealth Crimes Act must be observed and considerable time savings are precluded. However it is understood that a legislative change (to be effected over Commonwealth legislation) is required to realise this efficiency opportunity. An alternative exists in amending ACT legislation to decriminalise shop stealing for first offenders, thereby reducing the police workload for a number of such incidents. A similar approach to first offenders for graffiti offences may assist free up police time for more serious matters.

• Utilising appropriate dedicated personnel to deal with medium priority but high volume crimes (eg. un-attended stolen motor vehicles, burglaries and thefts where no offenders are present and the offence is cold) to reduce their disruptive impact on police patrol responses to higher priority crimes, recognising that appropriate policies and procedures for this approach may be required. The JSG was advised that a lack of police responsiveness to lower order priorities is a significant source of complaints.

• Subject to industrial relations and Consent Agreement implications, it is believed there are opportunities for using one-person patrols during daylight hours (including weekends) in a similar way to the present deployment of Traffic and Rural Patrols. Revised operational procedures would be necessary to ensure safety issues are addressed.

• While currently the transportation of potentially violent psychiatric patients is the responsibility of ACT Policing, alternative use of appropriate ACT Government staff might represent a resource gain for ACT Policing, recognising the additional (but potentially less expensive) resources required for the ACT Government.

408. While the potential efficiencies identified above provide opportunities for staff to be redirected or redeployed to improve the capacity of current policing resources, they are considered unlikely, at least in the short term, to address the identified level of resource

shortfall. In any event, a number of these efficiencies involve a transfer of the associated budget and hence would not directly provide for additional capacity within current funding levels. 6.7 Summary 409. The analysis in this chapter indicates that the ACT is not adequately resourced to meet the current demand for community policing services in the ACT. Internal ACT Policing reviews, the JSG operational performance assessments and the JSG national comparison and efficiency modelling all support the conclusion that there is a resource shortfall.

410. The National Comparator and Relative Input Efficiency Models are considered to provide a robust, cost effective mechanism for ongoing assessment of the resource requirement, and hence a sound basis for determining the level of personnel required under the Policing Arrangement. The models are based on national performance data reported annually and hence can be used to inform annual Purchase Agreements within the Policing Arrangement.

411. The combination of both models provides ACT Government and ACT Policing with a mechanism for annually assessing both the scale and efficiency of policing resources provided under the Policing Agreement.

412. The models should not however be viewed in isolation but should be used in conjunction with ongoing review of community policing services and priorities, identification and implementation of potential efficiency measures, and consideration of alternatives to the provision of some policing services.

413. Identification and prioritisation of staff increases could be further assisted through ACT Policing and ACT Government assessing and weighting the impact of new functions against the operational performance criteria outlined in Section 6.4 (refer Appendix F for an approach to prioritisation suggested by ACT Policing ). 6.8 Recommendations 414. It is recommended that:

• The resource shortfall of ACT Policing staff to meet current and future workloads be acknowledged and consideration given to the provision of additional resources or adjusted performance indictors where appropriate..

• The National Comparator Model be used as a basis for establishing the appropriate level of personnel numbers. Actual police numbers should be determined by ACT Government and ACT Policing taking into account broader government and community policing priorities, and any potential efficiency measures or more effective alternatives to the provision of policing services.

• A process is established between the ACT Government and ACT Policing to facilitate regular tracking and monitoring of resources required to provide policing

services in the ACT. This could include annual use of the Relative Input Efficiency Model to assess the relative efficiency of the provision of policing services in the ACT.

• The National Comparator and Relative Input Efficiency Models are enhanced through inclusion of additional national performance indicators as they become available, together with appropriate weighting of those indicators to reflect ACT community policing priorities.

7 Reporting Arrangements and Financial Control

Term of Reference 3 – Resource reporting arrangements and financial control, including, but not limited to whether the current performance measures are useful and meaningful, whether policing numbers should be specified in the agreement and to what extent the price of policing services, billing and payment arrangements can or should be specified.

415. The JSG has reviewed the current resource reporting processes; ACT Policing budget development, monitoring and control methodology; financial monitoring arrangements for ACT Policing within ACT Government; the extent and adequacy of current performance measures; reporting requirements of the current Purchase Agreement; and the relationships between current reporting and financial control arrangements with governance and strategic oversight of policing activities. 7.1 Current Arrangements 416. The present resource reporting arrangements and financial controls for ACT Policing are determined by the 2000 – 2005 Policing Arrangement between the Commonwealth and ACT Governments and the annual Purchase Agreements entered into between the ACT Police Minister and Chief Police Officer.

417. The relevant sections of the 2000 – 2005 Policing Arrangement between the Commonwealth and ACT Governments are:

The Commonwealth and ACT Government agree that the AFP will provide police services to the ACT Government in accordance with the Purchase Agreement, as varied from time to time by agreement between the Police Minister and the Chief Police Officer. (3.1)

The ACT shall pay the AFP for the provision of police services pursuant to this Arrangement the amounts specified in the Purchase Agreement. (3.2)

The parties acknowledge that the AFP is also required, within the ACT, to provide police services to the Commonwealth which are not subject to this Arrangement and for which the ACT is not required to pay. (3.3)

The Chief Police Officer shall provide to the Police Minister such information, reports and recommendations in relation to the provision of services to the ACT under this Arrangement as the Police Minister may from time to time require. (6.1)

Without limiting the generality of clause 6.1, the Police Minister may request and receive information from the Chief Police Officer in relation to (b) the deployment, operational status and movement of AFP employees engaged in providing police services under this Arrangement. (6.1)

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The Chief Police Officer will provide after the end of each financial year and by the date nominated by the Police Minister, a financial statement for that financial year accompanied by a report of the Commonwealth Auditor- General or some other auditor nominated by the Chief Police Officer and approved by the Police Minister stating (a) the correctness of the reports made of performance under the Purchase Agreement and (b) any other matters which the Auditor-General, or other approved auditor, considers should be reported to the Police Minister.

The Police Minister is also entitled to have specific financial and performance audits conducted by the Commonwealth Auditor-General, or other agreed auditor, the costs of which shall be borne by the ACT.

418. The relevant elements of the 2004 – 2005 Purchase Agreement are:

The output classes covered by this Agreement include all the goods and services to be purchased by the ACT from the AFP through the direct police budget appropriation. This Agreement does not cover activities funded by revenue outside the direct police appropriation. (4)

The ACT’s purchaser interests covered by this Agreement include (a) the policing outcome and all associated outputs to be provided, listing final goods and services and (b) performance measures for the outputs, together with targets where appropriate. (5)

Variations to this Agreement shall be supported by correspondence which will be appended to the Agreement. (6)

Payments to the AFP will be on a pro-rate monthly basis against the police appropriation. (9)

In accordance with the Arrangement, the Chief Police Officer for the ACT, subject to the authority of the Commissioner of the AFP, will be responsible to the ACT Minister for the achievement of the policing outcome and delivery of outputs set out in the Purchase Agreement and the general management and control of AFP personnel and resources deployed for the purposes of this Arrangement. (10)

Short-term variations to targets and priorities set by the Agreement may be determined by the Minister, including at the request of the Chief Police Officer, following consultation and with reasonable notice. Such variations should be within budget limits unless otherwise agreed. (12)

The Chief Police Officer shall report to the ACT Minister on a quarterly basis under this Agreement. Three reports will be provided in a format agreed by the parties, covering performance, finance and personnel. (14)

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The Chief Police Officer shall also report annually to the ACT Minister, at a time nominated by the ACT Minister, on the provision of police services pursuant to the Purchase Agreement. (16)

In accordance with the Arrangement and Purchase Agreement, the Chief Police Officer will provide after the end of each financial year and by the date nominated by the ACT Minister, a financial statement for that financial year accompanied by a report of the Commonwealth Auditor-General or some other auditor nominated by the Chief Police Officer and approved by the ACT Minister stating (a) the correctness of the reports made of performance under the Purchase Agreement and (b) any other matters which the Auditor-General, or other agreed auditor, considers should be reported to the ACT Minister. (17)

419. Schedule 1 to the 2004 – 2005 Purchase Agreement provides for:

• One Outcome;

• Four outputs of:

- Crime and Safety Management – Output Price $75,664,000.00;

- Traffic Law Enforcement and Road Safety – Output Price $5.636,000.00;

- Prosecution and Judicial Support – Output Price $4.192,000.00; and

- Crime Prevention – Output Price $4,228,000.00.

• Key Performance Indicators (KPIs) and targets against ‘Issues of Community Interest’ comprising the Level of Crime (1-5), Fear of Crime (6-11), Police Responsiveness (12-16), Public Confidence in Police (17-21), Road Safety (22-27), Supporting the Judicial Process (28-31) and Crime Prevention (32-37.)

420. ACT Policing currently provides an extensive range of reports including those relevant to resource issues and financial control (see paragraph 181 in the Governance section.) That reporting serves to inform the Minister of Police, the ACT Legislative Assembly and the community of the nature and extent of policing activities in the ACT, the costs of those activities and the efficiency and effectiveness of ACT Policing in discharging their functions. The level and extent of reporting is consistent with the accountabilities expected of public funded agencies. The reporting provided by ACT Policing is similar to that undertaken by Commonwealth and other ACT Government agencies, albeit with some specific accommodation for the requirements of the Policing Arrangement and Purchase Agreements.

421. The resource and financial controls exercised by ACT Policing perform a significant internal role in managing the organisation towards producing the outcome and associated outputs purchased by the ACT Government through the annual Purchase Agreements. Under the terms of those Agreements, ACT Policing carries a number of financial risks which do not immediately impact on the ACT Government; for example

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increased costs due to changed terms and conditions for AFP staff are not passed on to the ACT Government during the life of a Purchase Agreement. 7.2 Assessment of Current Reporting Arrangements and Financial Controls 422. The JSG found that the reporting arrangements and financial controls of ACT Policing are consistent with the reporting and monitoring obligations under the Policing Arrangement and the current Purchase Agreement.

423. While the ACT Government may not have full transparency of the underlying corporate decisions of the AFP which determine the costs incurred in providing ACT Policing, that position is consistent with the current purchasing model in which the ACT purchases the services of the AFP for a specified price on an annual basis.

424. The threshold question then becomes one of whether the ACT Government should continue with the current arrangements of purchasing an outcome for a specified price or move to another arrangement in which a greater degree of information on resources and financial issues is provided and in which a greater degree of ACT Government involvement in the management of ACT Policing may occur.

425. The JSG is of the view that the present basis of the Purchase Agreements, that is the purchase by the ACT of a policing outcome, should continue. However, in an environment where price equates with costs, some enhancements in the reporting process may assist with a broader understanding within the ACT Government of the underlying factors within ACT Policing which give rise to their cost structures. The enhancements are not intended to replace or diminish the accountabilities and responsibilities of the Chief Police Officer for the ACT in the achievement of the policing outcome, outputs and the general management and control of AFP personnel and resources deployed under the Policing Arrangement.

426. In suggesting that the purchasing of ACT Policing services should continue in largely its present form, the JSG does not believe that negates the requirement for additional staff within the ACT Government as recommended in Section 5 (Governance.) Those staff, in addition to other roles, will necessarily assist in developing and maintaining a base of knowledge for the ACT Government on a range of policing purchasing and policy issues, including budget development, performance indicator development and monitoring, billing and payment arrangements, development of new purchase agreements and suchlike.

427. Accordingly the following enhancements are suggested, cognisant that increased reporting may consume additional ACT Policing resources.

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Frequency of ACT Policing resource and financial reporting to the ACT Government

428. ACT Policing should continue to report resource usage on a quarterly basis, the level of financial and other detail to reflect the requirements of the Policing Arrangement and Purchase Agreements, and in a format consistent with ACT Government agencies. Any necessary adjustments required to acknowledge the specific nature of the arrangements between ACT Policing and the ACT Government should be agreed between ACT Policing, ACT Treasury and JACS.

Explicit reconciliation of budget against actual expenditure variations

429. Reporting of variations of actual expenditure from budget should be considered, consistent with the practices of ACT and Commonwealth government agencies. ACT Policing and ACT Government will need to agree on the threshold for reporting variances, perhaps expressed as a percentage or dollar variation from budget. Advice to the Minister on financial variations and strategies to rectify the variations should form a part of the reporting processes.

430. The JSG notes the 2004 ACT Auditor-General’s recommendations that all payments to the AFP accord with the Purchase Agreements; that variations are recorded and the Agreement amended accordingly; that amounts in the ACT Budget and in the annual Purchase Agreement remain equal; and if one document is changed, the other is also changed.

Formal budget consultation between ACT Policing and the ACT Government

431. Liaison between ACT Policing and the ACT Government during the Territory budget planning and preparation phases of the annual budget cycle does not appear to be formalised. The JSG understands that ACT Policing does not receive Treasury requests for budget submissions and ACT Treasury does not receive sufficient ACT Policing financial data. The Minister has in the past requested JACS to prioritise ACT Policing bids with those of JACS and to provide comments on ACT Policing budget bids. In view of the significant amounts expended on policing, it would be appropriate for ACT Policing involvement in ACT budget processes to be formalised. ACT Treasury should provide ACT Policing with budget preparation instructions either directly or through a portfolio department such as Justice and Community Safety (JACS).

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Reporting of staff movements into and out of ACT Policing

432. It became evident to the JSG during consultations that there is a strong perception that ACT Policing experiences high levels of staff movements to and from other parts of the AFP, including various overseas deployments. Those perceptions reflected concerns that this resulted in ACT Policing having lower levels of experience and reduced continuity of personnel with an intimate knowledge of the policing requirements of the Territory than is desirable.

433. Notwithstanding this concern, the benefits to ACT Policing staff through transfers to other areas of the AFP are also well recognised. Such movements assist in expanding the breadth of experience and knowledge of members and can act as an effective means of revitalising staff.

434. The JSG notes that the current Purchase Agreement requires the Chief Police Officer to report quarterly to the Minister for Police on performance, finance and personnel. The JSG believes that expanding that reporting to include general information on staff movements can effectively deal with the perception of high levels of staff movements, without un-necessarily adding to the resources already committed to preparing such reports.

435. The JSG also notes the 2004 ACT Auditor-General’s recommendation number 7 that JACS should seek sufficient information from the AFP to assure itself of the validity of the reported police numbers and analyse those numbers and brief the Minister with recommendations for action where appropriate.

436. The additional information on personnel issues should not include sensitive or personal information, nor should the provision of such information in any way impact on the responsibilities of the Chief Police Officer for managing resources. The additional information will however replace perceptions with facts on this issue. Expanded reports on personnel issues should include:

• Transfers by number of staff into and out of ACT Policing;

• General transfer destinations (for example, to AFP National or overseas deployment); and

• Advice of changes in police management personnel of the rank of Superintendent and above.

Cost allocation of AFP/ACT Policing services to outputs

437. ACT Policing currently disclose costs of their four outputs in the Purchase Agreement and in end of year Statements of Performance. The JSG considers it would be beneficial for both ACT Policing and the ACT Government to jointly participate in the development of those costs (particularly during the budget development cycle) against each of the outputs. This process will enhance the ACT Government’s understanding

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of the range of costs associated with each of the outputs delivered by ACT Policing but without trespassing unnecessarily on the ACT Policing responsibilities for the delivery of policing services.

438. This task would seem appropriate for the additional staff recommended for JACS, as detailed in the Chapter 5 on Governance.

439. The JSG notes that this approach is consistent with the 2004 recommendation number 10 of the ACT Auditor-General that: JACS should seek from the AFP each year sufficient supporting information on the costing of ACT Policing to allow JACS to satisfactorily validate the proposed prices in the Purchase Agreements; and JACS should analyse funding proposals from the AFP and make recommendations to the Minister on the annual funding for each output in the Purchase Agreements.

Capacity in ACT Government to undertake increased reporting, monitoring, analysis and evaluation of performance of the Purchase Agreement

440. There are presently no dedicated staff resources within the ACT Government to monitor and evaluate any enhanced reporting arrangements and that it is evident that additional financial and performance monitoring skills capabilities will be required to match any increased levels of reporting. The JSG again recommends that additional staff be provided within JACS for those and associated purposes as detailed in the Chapter 5 on Governance. 7.3 Current Performance Measures 441. The current performance measures, which form part of Schedule 1 of the Purchase Agreement, were jointly developed by ACT Policing and JACS. Expressed as a single outcome with four associated outputs with a range of targets against each of the output categories, they represent the evolution of a series of previous key performance indicators which were largely an extensive range of input measures.

442. The current measures properly reflect the purchase by the ACT Government of a policing outcome in which the focus is on the outcome and outputs rather than inputs.

443. The JSG found the key performance indicators and measures in the 2004-2005 Purchase Agreement to be comparable with other police jurisdictions in Australia, albeit each jurisdiction tends to adopt variations of form in which such measures are detailed or expressed. A notable exception is that of the Western Australia Police Service which has adopted a much simpler approach, using considerably fewer measures than in the ACT. The use of fewer performance indicators is consistent with the practices being adopted by some ACT Government agencies and departments.

444. The JSG was briefed on the extensive work involved in the preparation of the current key performance indicators and believes that to recommend any minor changes to them will be largely artificial rather than substantial. An alternative set of performance indicators will necessarily require similar significant effort on the part of ACT Policing

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and JACS (and possible ACT Treasury) and does not appear to be warranted at this time.

445. The current performance indicators are considered to be useful and meaningful within the context of the Policing Arrangement and the Purchase Agreement. They serve to provide both the Government and community with appropriate and meaningful information on police performance (and inadequacy where relevant) and their retention in largely the current format enables continuing annual comparisons of the performance of ACT Policing.

446. Accordingly the JSG does not recommend any change to the current performance measures, noting that elements of them will inevitably require amendment for other reasons with the effluxion of time. The JSG also notes that if the resource levels of ACT Policing at the time of this report remain constant, amendments to the performance measures may be required to accommodate a diminishing ability of ACT Policing to meet some of the current targets. 7.4 Policing Numbers 447. The inclusion of policing numbers within the Purchase Agreement raises issues as to whether (or not) the Agreement represents the purchase of an outcome for a price, in which inputs such as staff numbers do not feature, or is an Agreement which is concerned with measuring inputs as well as outputs. The discussions on the issue rarely identify any middle ground.

448. An agreement for the purchase of an outcome is usually characterised by an absence of details of the inputs used to achieve the outcome – the extent to which the outcome is achieved is the measure by which success or failure is judged. Whilst that may be generally achievable in a range of arrangements where an outcome is purchased, the provision of policing services brings a particular level of political, media and community interest which suggests a different consideration. In this regard, much of the public attention on policing issues within the ACT invariably reflects the question of police numbers, their status, adequacy or otherwise.

449. Both the Policing Arrangement and Purchase Agreement reflect the responsibility of the Chief Police Officer for the ACT to achieve the outcome being purchased by the ACT Government and the management of the resources made available to achieve that outcome. The Purchase Agreement quantifies the budget allocation to each of the four output classes which combine to form the outcome but no further details on the mix of inputs used by ACT Policing are specified in that Agreement.

450. In view of the extended history of public debate and comment in the ACT (and elsewhere in Australia) on police numbers, there would seem to be scope to consider the utility of including those numbers in future Purchase Agreements. It is recognised that staff numbers (which include both sworn and unsworn members) constitute over 80% of the ACT Policing annual budgets and their numbers and costs of employment necessarily form part of all annual budget calculations. They are accordingly a significant component of the delivery by ACT Policing of the annual policing outcome for and cost to the Government, which considering the general public and political

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interest in their number, suggests that the specification of policing numbers in the Purchase Agreement is appropriate.

451. Any inclusion of police numbers would need to be expressed in such terms as to not inhibit the flexibility of the Chief Police Officer in determining the best resource combinations necessary to achieve the outcome required by the ACT Government. It is suggested this is achievable if the specification of police numbers is expressed as a range of the police numbers on which the particular Purchase Agreement is based. Those additional details might be incorporated within the schedule to the Purchase Agreement, with the outcome to be purchased by the ACT Government described as to be ‘achieved through four main areas of activity: Crime and Safety Management; Traffic Law Enforcement and Road Safety; Prosecution and Judicial Support; and Crime Prevention through the provision of between xxx and yyy police personnel.’

452. In consideration of the various facets of this question, the JSG believes it is reasonable for the policing numbers to be in future Purchase Agreements to enhance understanding across the community of those primary resources used to achieve the policing results each year in the ACT. Any specification of those policing numbers must ensure that the essential focus of the Purchase Agreements remains on the achievement of an outcome for Government, that the quantification of staff numbers is provided for information and is not a performance measure of itself. 7.5 Price of Policing Services, Billing and Payment Arrangements 453. The JSG notes that while it was not the case previously, the 2004 – 2005 Purchase Agreement for policing services details the price for each of the four output classes which constitute the outcome purchased by the ACT Government and that billing and payments are to be made on a pro-rata monthly basis against the police appropriation.

454. The JSG considers the extent to which the current Purchase Agreement details price, billing and payment arrangements is appropriate to an inter-governmental, outcome based Agreement.

455. The specification of price, billing and payment arrangements within future Purchase Agreements should be retained for the effective management of the provision of policing services against the expenditure of significant amounts of public funds.

456. The JSG notes that recommendation number 1 of the ACT Auditor-General in 2004 was that the total price to be paid for policing services, billing and payment arrangements and terms and conditions under which variations can be made should be specified clearly in each Purchase Agreement. 7.6 Recommendations 457. It is recommended that:

• ACT Policing report resource usage on a quarterly basis, the level of financial and other detail to reflect the requirements of the Policing Arrangement and Purchase Agreements, and in a format consistent with ACT Government agency reporting.

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• Reporting includes variations of actual expenditure against budget forecasts by ACT Policing.

• ACT Treasury should ensure ACT Policing is provided with budget preparation instructions either directly or through a portfolio department such as Justice and Community Safety (JACS).

• Quarterly reporting to the Minister for Police and Emergency Services includes information relating to aggregated numbers of staff transferred into and out of ACT Policing; the general destinations of outwards transfers; and advice of changes of police management personnel of the rank of Superintendent and above.

• ACT Policing and the ACT Government jointly participate during the budget development cycle in the costing of ACT Policing activities against each of the Purchase Agreement outputs to enhance the ACT Government’s understanding of the range of associated costs.

• The current performance indicators are acknowledged as useful and meaningful within the context of the Policing Arrangement and the Purchase Agreement and that no changes are necessary in the short term, noting that elements of them will inevitably require amendment with the effluxion of time.

• Policing numbers are specified in future Purchase Agreements to enhance the level of understanding of the primary resources used to achieve policing results but the purpose of those Agreements remains the achievement of an outcome for Government and that the quantification of staff numbers is for information and is not a performance measure of itself.

• The specification of price, billing and payment arrangements introduced in the 2004 – 2005 Purchase Agreement is retained in future Agreements.

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8 Infrastructure and Facilities Management

Term of Reference 4 – The appropriateness of infrastructure and asset management, including resourcing and replacement, arrangements.

458. There are two distinct categories of assets within ACT Policing:

• Infrastructure assets which support ACT Policing in carrying out their day to day functions including buildings, land, equipment and contents, and are recorded on the JACS asset register; and

• Operational Assets which are acquired and owned by the AFP, recorded on the AFP asset register, and which have a planned replacement programme.

459. ACT Government and ACT Policing considered that only the first category of assets was relevant to this study. 8.1 Overview 460. The principal issues raised with the JSG with respect to infrastructure and asset management relate to:

• Ownership, maintenance and funding; and • Management and planning. 461. The JSG was advised during consultations that there is a lack of clarity regarding the full nature of the costs and the true value of assets used and required by ACT Policing.

462. Section 7 of the Purchase Agreement states the ACT Government agrees to provide at no additional cost to the AFP the range of facilities and services supplied for community policing prior to the establishment of the Agreement. Consequently the ownership of the range of facilities and services in question remains with the ACT Government and are listed in the following table.

463. The total value of land and buildings occupied by ACT Policing as recorded on the current JACS Asset register is $37m (refer Figure 47 below).

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Figure 47: ACT/JACS Policing Asset Summary

ACT /JACS Assets: Land and Buildings Location Net Book Value AFP Police Station Belconnen $1,178,599.30 Belconnen Land Belconnen $480,000.00 City Beat Office Civic $47,590.71 AFP City Shopfront City Shopfront (camera program) Civic $438,303.35 Police Station City $9,247,470.77 AFP City Land City $1,900,000.00 Station Air Conditioning City $197,755.43 Water Police Station Ginninderra $245,910.76 AFP Land Ginninderra $200,000.00 Ginninderra

AFP Police Station Tuggeranong $6,357,156.03 Tuggeranong Land Tuggeranong $900,000.00

AFP Winchester Centre Belconnen $10,733,135.35 Winchester Land Belconnen $1,900,000.00

AFP Woden Police Station Woden $2,218,296.51 Land Woden $650,000.00 New Police Station Woden $471,789.43 Total $37,166,007.64

464. It was noted that the Belconnen property office, the PABX and the Civic Closed Circuit Television System assets are not recorded on this asset register at this time. 8.2 Ownership, Maintenance and Funding 465. Asset ownership and maintenance is mixed between the ACT Government and ACT Policing. Police station properties and renovation works appear on the JACS asset register as do a number of vehicles. Procurement, remedial or replacement work is not governed by any formal processes.

466. ACT Policing draws down on an annual budget of $200,000 held by JACS for maintenance and minor new works. The current net value of police buildings (from the JACS Asset Register) is $30.5m while spending on repairs and maintenance equates

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to approximately 1% of their value This is considered insufficient to cover routine annual maintenance costs resulting in serious deterioration/downgrading of the asset base and (in some instances) the effectiveness of policing.

467. The Policing Arrangement does not explicitly provide for maintenance or refurbishment of the facilities and services supplied for community policing. Refurbishment of property facilities is generally expensive and becoming increasingly urgent due to the age of some of the buildings. Refurbishment of facilities is an important aspect in maintaining effective operations and the preservation of residual values.

468. The JSG inspected a number of buildings and noted the following issues in relation to the condition of assets.

469. Belconnen Police Station is cramped for the number of staff occupying the building. Temporary additional accommodation solutions of some years ago remain now as semi-permanent albeit sub-standard offices. All staff are required to share a locker room and shower facilities which were previously part of the prisoners cells and water leaks continue to be an issue throughout the building.

470. The Property Office at Belconnen is intended to securely house both seized exhibits and property coming into the possession of police. Much of the storage of vehicles is in the open with consequential damage from the elements, thieves and vandals. Electrical and electronic items (such as television receivers, computers, sound systems) are exposed to dust and vermin, inflammable and noxious liquids are improperly stored in poorly ventilated make-shift arrangements. Staff at this facility do not have adequate kitchen and meal room facilities.

471. The potential for compensation payments to owners of property which is damaged or rendered inoperable due to the conditions of storage at the Belconnen facility are considerable.

472. The City Police Station suffers from significantly degraded cooling systems and is also in need of extensive internal refurbishment. This facility is subject to high usage on a continuous basis and consequently degrades more rapidly than other government buildings. The City Police Station also houses the only 24 hour Watch House in the ACT.

473. The Gungahlin facilities are in good condition while there are some structural issues emerging in the Tuggeranong Station. The poor condition of the Woden Police Station is soon to be rectified with the completion of the new building, due to be opened in 2005.

474. Depreciation costs on these buildings are recorded in JACS financial statements but recognition of these building costs are not included in ACT Policing reporting. These costs are currently included in the ACT Policing costs when providing financial data to the Productivity Commission. ACT Policing could include in their financial statements a ‘Resources Received Free of Charge’ entry similar to arrangements for recording auditor’s remuneration. Inclusion of building costs in this manner will provide a more

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accurate picture of total policing costs, particularly the contribution of ACT Government to the costs of policing.

475. In order to ensure accurate reporting of all costs of ACT policing assets, an ongoing program of valuations and assessments of asset life is required. 8.3 Management and Planning 476. Responsibilities for asset management are not clearly defined within the present arrangements between the ACT government and ACT Policing. Assets categorised as Community Policing Assets / Infrastructure are shared resources and no formal management process or ownership agreement approach to the maintenance or subsequent replacement of those assets exists. The absence of process or joint management is contributing to the deterioration of the assets and the quality of police accommodation.

477. There is no evidence of a structured ACT Government asset maintenance and replacement program. The most recent review of assets and infrastructure utilised by ACT Policing was conducted in 1998, however no specific planning or management regime resulted or exists in the Policing Arrangement, Purchase Agreements or elsewhere.

478. No evidence was found that joint planning, discussion and acquisition of purchases and upgrades is undertaken between the parties nor any obvious attention to forward positioning and expenditure forecasting

479. The JSG consider that a well developed asset management plan is critical for strategic asset management and should encompass strategies for the acquisition, disposal, funding, operation, maintenance and management of the asset resource. 8.4 Recommendations 480. It is recommended that:

• A strategic policing infrastructure and facilities management plan to inform future capital requirements is developed in consultation between the ACT Government and ACT Policing for the procurement, maintenance, replacement and periodic reviews of ACT Government owned assets used by ACT Policing.

• Consideration be given to reviewing the adequacy of the current maintenance and replacement funds allocated to infrastructure and facilities.

• ACT Government asset register includes all fixed infrastructure assets which are to be subject to periodic valuations and assessment as to their suitability for ACT Policing needs.

• ACT Policing is to detail within Annual Reports those resources received free of charge to reflect the costs of infrastructure provided by the ACT Government.

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9 Commonwealth Activity

Term of Reference 5 – Whether the management/measurement/financing arrangements for Commonwealth work undertaken by ACT Policing are appropriate

481. The Policing Arrangement between the Commonwealth and ACT Government (at section 3.3) acknowledges that the AFP is required within the ACT to provide police services to the Commonwealth which are not subject to the Arrangement and for which the ACT is not required to pay.

482. ACT Policing provides services for Commonwealth purposes from within ACT Policing resources and the proportion of time spent on Commonwealth activities determines the value placed on that activity, which is subtracted from the costs to the ACT Government for ACT Policing.

483. Those Commonwealth activities include:

• Activities associated with Commonwealth offences or incidents requiring the attendance of a patrol, specialist team or conduct an investigation;

• Emergency or disaster situations (eg. aircraft crash);

• Court support for Commonwealth processes;

• Security for some VIP visits;

• Demonstrations against Commonwealth interests;

• Counter terrorism activities; and

• Water police.

484. The current methodology for recording time spent undertaking Commonwealth related activities is through the use of an activity survey (indirect allocation) and by direct job costing where a task is readily identifiable as either a Commonwealth or ACT related activity. The direct allocation of costs is usually for large one off events. The majority of costs allocated to Commonwealth activity are indirectly calculated by activity surveys.

485. The latest activity survey conducted in December 2003 identified the majority of Commonwealth activity against 5 main groups:

• Community Support;

• Investigation of Offences;

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• Emergency Management and Coordination;

• Services to the Judicial Process; and

• Other (the majority of which was time spent on training courses).

486. The current formula for calculating ACT policing costs to the ACT Government is:

- Total ACT Policing costs

- less work undertaken on behalf of the Commonwealth

- plus AFP National enabling services costs.

487. The actual results for the 2003-04 financial year were:

- $75.4m total ACT Policing costs

- less $4.7m Commonwealth work

- plus $15.8m enabling services

- resulting in a total ACT Government outlay on ACT Policing of $86.5m (against which the ACT Government received $10.9 million as a Special Fiscal Needs Grant through the Commonwealth Grants Commission.) 9.1 Activity Surveys 488. Activity surveys are conducted for one week each year (unless additional surveys are necessary) and require all staff within each ACT Policing cost centre to assign their respective time to the relevant categories within the survey. The purpose of the surveys is to identify and record those activities not captured by the direct allocation of job costing.

489. The survey information was originally collected to assist with reporting requirements for the Report on the Provision of Government Services and was subsequently modified to capture Commonwealth policing activity in support of the costing structure which underpinned the first Purchase Agreement.

490. The following graph summarises the results of activity surveys over the last three years and demonstrates the variations recorded in that period.

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Figure 48: % Activity Attributed to Commonwealth

% Activity Attributed to Commonwealth

14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% 2001 2002 Mar-03 Dec-03

491. The survey results for Commonwealth activities is about 6% for each of those years with the exception of March 2003 where it jumped to 12 %, possibly reflecting the domestic security situation arising from Australia’s pending involvement in Iraq at that time. The option to conduct more surveys during the year may assist in gaining more representative data of Commonwealth activity but would also prove more time consuming and costly for ACT Policing staff. With the exception of the March 2003 result all other results appear to reflect a consistent level of Commonwealth activity of around 6%.

492. The activity survey aims to capture time attributed to the Commonwealth by individuals and by cost centre. The percentage allocation of Commonwealth activity can vary significantly between cost centres from 100% (Water Police) to 1-2% for other cost centres.

493. ACT Policing enabling services (such as finance, people strategies, research and planning) also complete the surveys from which time is attributed on a pro rata basis across other ACT outputs.

494. The total Commonwealth costs attribution from the latest survey results of December 2003 amounted to approximately $4.7m. This equates to approximately 47 staff members for a full year.

495. In order to reduce the impact of some of the short-term fluctuations inherent in the activity survey results, an option may be to use a rolling average from the current and previous activity surveys. An average percentage for the last three years would still vary across cost centres but equate to approximately 6.9% as an average of all centres. This is reflected in the following chart.

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Figure 49: Commonwealth Split 2001-2004

14.0% 12.0% 10.0% 8.0%

% 6.8% 6.0% 12.1% 6.1% 6.6% 4.0% 5.4% 2.0% 0.0% 2001 2002 Mar-03 Dec-03

496. Provided the average percentage allocation was agreed prior to a budget cycle it would add more certainty to the budget for planning purposes and limit any variations occurring mid budget cycle. 9.2 Prospective Forecasting & Budgeting 497. Currently the budgeted amount for work performed on behalf of the Commonwealth is calculated from activity survey data collected during the previous year and updated during the year once a new activity survey is undertaken. Thus historic data is used to inform the budgeting process.

498. ACT Policing may be able to predict and cost forthcoming events which require police attendance and budget accordingly where, for example, a known number of visits during a year by dignitaries or other representatives on behalf of the Commonwealth are to occur.

499. Such forward planning, if achievable, would have the benefit of being able to more accurately compare actual events with those forecast and thus provide a basis for accounting for activity undertaken. Adjustments would be needed during the year if forecast events do not transpire or significant variations in activity levels occur.

500. Theoretically, this approach would enable agreement between the Commonwealth and the ACT Government on the attribution of work (and costs) to the Commonwealth, with the Commonwealth element excluded from all but exceptional variations during the year.

501. While some predictability may exist for some visits and other Commonwealth policing activities, many such events (including large scale visits such as by Presidents of the United States of America) are frequently arranged within a budget year or occur without significant prior notice, thus negating many of the advantages to be derived from this approach. In view of this, the JSG does not believe that a prospective forecasting and budgeting approach is practical in all of the circumstances.

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9.3 Actual Recording of Commonwealth Activity 502. A further option is for ACT Policing to record time spent on Commonwealth tasks during each year. It may be necessary initially to use one or more of the other options presented above for budgeting purposes but this option could track activity during the year. Once actual results were known budget adjustments could be made during the year or considered in the next budget round – particularly where actual results varied from budget.

503. The recording of actual activity could be achieved in the following ways:

• Through a formal time recording system – for each Commonwealth activity those officers who attend keep records of the total time spent in dealing with that particular incident or offence. Unless a very simplistic time recording mechanism was available this could be a time consuming and onerous exercise. It does however offer a means of more accurate capture of time and costs.

• Through the recording of incidents attended that are related to Commonwealth activities – if the number of Commonwealth incidents attended during the year were recorded either through PROMIS or some other means, the results could be compared to the average time taken to address each incident (for example as recorded in the workplace activity survey) and the total time thus calculated. This figure could be the basis for calculating total costs attributable to the Commonwealth. This is potentially a much simpler and less time consuming approach than a formal time recording system and possibly similarly accurate as a measure of Commonwealth activity.

504. At present PROMIS has the facility to record attendance at Commonwealth incidents however it is questionable as to whether it is being utilised to an extent which would allow for a reliable measurement of that activity. PROMIS currently allows users to flag, at incident level, Commonwealth or ACT Policing tasks. The default is to ACT Policing and the flag is rarely used. Formalisation of the use of this feature would be necessary to ensure the recording of all Commonwealth activity by this method.

505. The new release of PROMIS in 2005 has a Commonwealth flag at offence level (one incident equates to one or many offences) which will require the user to complete before finalising a case. This feature will enable a more accurate measure of work undertaken on behalf of the Commonwealth. However data captured by these means will be located within the ACT Policing PROMIS module and any Commonwealth work recorded on the AFP National PROMIS module will not be readily included in the total volume of that work. Accordingly this process is not expected to be any more accurate than the current activity survey method.

506. ACT Policing is currently advancing a process for time recording at the output or activity level which might enable an aggregate of time to be split between Commonwealth and ACT activities. This methodology is preferred over attempts to code incidents within the PROMIS system as either Commonwealth or ACT in view of

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the volume of individual data entries, the consequential time imposts on available staff for data entry, subsequent extraction and validation.

507. The options to undertake actual recording Commonwealth activity have the potential to be the most accurate bases for recording effort against Commonwealth activities. However the limitations of the presently available methods for recording actual times against incidents if adopted will result in increased officer workloads with consequentially diminished availability for higher priority tasks and are accordingly not the preferred option.

508. Accordingly the JSG believes that the continued development by ACT Policing of alternative time recording methodologies is the better approach with that data being utilised for budget purposes once the new methodologies are satisfactorily established. 9.4 Conclusions 509. The financial impacts of forecasting and the recording of actual time spent on Commonwealth activities are not available. However the financial impact of utilising the current direct allocation and activity surveys is $4.7m per annum attributable to the Commonwealth or $5.3m per annum if a three year average percentage is applied

510. Recognising that ACT Policing is required to use annual activity surveys for other purposes, the approach which provides requisite data with the least resource impact is to continue to use the activity surveys together with direct allocation of costs where possible.

511. While the results of an annual activity survey based on one week’s activity may be sensitive to seasonal fluctuations, the use of a rolling average based on the results of the last three years should assist in minimising any such fluctuations. Additional surveys remain an option if either ACT Policing or the ACT Government were concerned that the survey results were unrepresentative of actual activity.

512. The use of activity survey information for budgeting however does not enable an accounting against actual results each year for this activity. It would be useful to compare yearly activity survey estimates with actual recorded results, resulting in an acquittal or adjustment process that could inform future budgets. Actual recording of time spent on Commonwealth activities, however, is presently only available through the use of PROMIS methodologies which are time consuming, costly and an inefficient use of the time of sworn staff of ACT Policing.

513. Prospective budgeting, based on known significant or planned events involving Commonwealth work, is not considered a viable option because of the unpredictability of those events, many of which occur within a financial year with the consequential distortions on budget allocations and expenditure.

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9.5 Recommendations 514. It is recommended that:

• Annual surveys continue as the basis for determining the proportion of Commonwealth work undertaken by ACT Policing.

• A rolling average, based on the results of those activity surveys for the last three years is used as the basis for attributing costs to the Commonwealth.

• Additional surveys continue to be an option where agreed by ACT Policing and ACT Government.

• ACT Policing builds on the current direct costing methodology to establish cost effective methods for recording actual time spent undertaking Commonwealth activities.

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10 Organisational Structure

Term of Reference 6 – The appropriateness of ACT Policing organisational structure for service delivery with consideration to include whether such services could be provided and/or funded in different ways to reflect unique features of the policing arrangement between the AFP and ACT. 10.1 Overview 515. The present Policing Arrangement and Purchase Agreement require the provision, by the AFP, of police services suitable to the requirements of both the community and government in the ACT.

516. Accordingly core policing activities including general duties patrols; investigations; intelligence gathering; traffic operations; communications; crime prevention; prosecution and judicial support; financial and personnel services; media and public relations each form part of the ACT Policing organisation structure.

517. Those activities are supplemented by enabling services which include Forensic Services, Information Technology, Technical Operations, Professional Standards, Commercial Support and Policy, Learning and Development, each drawn from other parts of the AFP. The ACT Government pays for the proportions of those enabling services utilised by ACT Policing in the delivery of its services to the ACT community.

518. The ACT Government identified as key issues for consideration within this element of the Study three particular aspects of ACT Policing: the unified workforce, Specialist Response and Security and the Police Citizens Youth Club.

519. The staff composition within the AFP and ACT Policing consists of sworn and unsworn staff operating as a unified workforce, under a common industrial certified agreement. Staff members in either category can undertake functions which are either operational or non-operational duties. Specific terms and conditions of employment differ between sworn and un-sworn members, and different remuneration may apply within each category of staff member, dependant on the duties and location of the member.

520. The Specialist Response and Security group operates under particular funding arrangements which reflect the dual functions performed by SRS for ACT Policing and AFP national.

521. Consistent with police forces in the other jurisdictions, ACT Policing expends part of its resources on crime prevention and community relations. In the ACT the effort directed towards crime prevention includes the Police Citizens Youth Club Incorporated, an independently structured body staffed, in part, by ACT Policing personnel.

522. This section of the Study also considers alternatives to providing and funding some of the policing services within the ACT.

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10.2 Present Structure 523. The organisation structure for ACT Policing at November 2004, indicating the relationships between the parent body and respective governments is as shown on the following chart:

Figure 50: ACT Policing Organisational Structure

524. The principal ACT Policing functional units and activities undertaken by them (with the exception of the Executive areas) are outlined in the following tables.

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Functional Unit Principal Activities Communications Communications Officers Customer Call Centre PROMIS Management Technical Services Radio Communications Audio Video Crime Prevention Victim liaison officer Suburban Crime Prevention Family Violence Intervention Program Police Citizens Youth Club Liaison Officer Team Crime Prevention and Community Education Team Diversionary Conferencing Coordinator North District City Station Beat Team Gunghalin Station Belconnen Station Watch House Operation Halite South District Woden Station Tuggeranong Station Rural Patrol Territory Investigations Group Crime Targeting Teams Child Assault Investigation Team Adult Assault Investigation Team Coronial Team Fraud Team Stolen Motor Vehicle Team Response Teams – Woden, Tuggeranong, City

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Functional Unit Principal Activities Operations Monitoring and Intelligence Financial Intelligence Team Support DNA Back-capture Team Sexual Offenders Team Operations Monitoring Centre Surveillance Teams Drug Intelligence Team Human Source Handlers Volume Crime Team Crime Stoppers Traffic Operations General Traffic Teams Crash Team Specialist Response and Security Planning Negotiators Water Team Operational Safety Training Team Dog Team Bomb Team Response Teams Prosecution and Judicial Support Legal and Brief Adjudication Team Warrants and Information Team Firearms, Order Service and Information Team Coroner’s Officer Research and Policy Ministerial and Policy Team Performance Team Drug and Alcohol Coordinator, MOU’s and Guidelines

Financial Services Budgets Financial Services Logistics Exhibits People Strategies Workforce Planning and Rosters People Management Team OH&S. Rehabilitation & Welfare

Media and Public Relations Public Relations

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525. The present organisational structure reflects the demands on ACT Policing by the community and the response of the Chief Police Officer as to the most effective arrangements for delivery of services. Decisions as to the most appropriate organisational structure to meet demands are a matter for the Chief Police Officer.

526. Under the functional organisational model adopted by the AFP, some officers of ACT Policing at the executive level report directly to AFP Headquarters personnel while holding parallel responsibilities and reporting obligations to the Chief Police Officer for the ACT. In operational areas such as intelligence and counter-terrorism activities, ACT Policing components interact with the whole of the AFP as operational requirements dictate.

527. These arrangements however do not weaken or detract from the effectiveness of ACT Policing on behalf of the ACT Government. Rather they complement local policing arrangements, such as by ensuring that silos of information and activity are avoided, that training is current, inter-operability is maintained and a broader base of skill sets is available to meet particular requirements.

528. The current demands on ACT Policing require that maximum flexibility be maintained in providing optimal responses to meet those demands. This flexibility is augmented by the close links between ACT Policing and its parent body the AFP and through which additional resources have and can be provided to assist ACT Policing to respond to emergency and other requirements as required.

529. Within ACT Policing, the deployment of resources is determined largely by the demands of community policing on the organisation. This commonly results in joint operations where the assets of one or more organisational elements will work together to achieve higher level objectives. This flexible approach enables teams with the appropriate skill sets to form up to deal with particular demands and to re-form in other combinations as other demands and priorities emerge. Budget elements and staff for these operations commonly remain in the contributing organisational unit.

530. In responding to community expectations as enunciated by the ACT Government and demands on the policing service, ACT Policing organises and resources so as to deliver the defined services to the agreed standards within the budget allocated by the ACT Government. In doing so, ACT Policing necessarily complies with the policies and other requirements of the AFP, particularly insofar as they relate to staffing matters.

531. The arrangements also enable ACT Policing to meet its obligations to keep advised both the Commissioner of the AFP and the ACT Minister for Police and Emergency Services of issues concerning the delivery of police services to the ACT.

532. The issue was raised during the study of the possibility of overlaps or duplications in services provided between the corporate services elements in ACT Policing and like named functions within AFP Headquarters. While the titles of various functional units might indicate they each undertake the same activities, personnel from AFP Headquarters and ACT Policing were able to demonstrate that the functions of the

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various organisational elements were in fact both distinct and discrete from each other. Accordingly the JSG does not believe that any unnecessary duplication of activities exist between the corporate elements of ACT Policing and AFP headquarters. 10.3 The Unified Workforce 533. ACT Policing, as a part of the AFP, consists of both sworn and un-sworn members who are each employed within a unified workforce under the Australian Federal Police Act 1979 but under varying terms and conditions of service which reflect their respective roles. That employment environment is different to other Australian police jurisdictions where non-sworn personnel are usually employed under public service acts.

534. It is noted that policing within Australia generally, and within the AFP in particular, has significantly evolved from the traditional model of police and support staff to the current era of highly specialised professional and technical skill sets (such as in forensic science, information and communication technology, policy and research,) each complementing the traditional police role. Consequently the AFP and ACT Policing necessarily utilise a wide range of skill sets in delivering their services within an employment principle of appointing the most suitable person to a position, whether sworn or unsworn, recognizing that many aspects of law enforcement do not require sworn officers to undertake all functions.

535. The Australian Federal Police Act 1979 and other Commonwealth employment legislation establish the employment framework for all AFP employees. Conditions of service specific to all AFP employees (apart from Senior Executives) are set out in the AFP Certified Agreement 2003-2006. The conditions of service for the senior executive are negotiated through individual agreements. Both the employment framework and the conditions of service are designed to maximise AFP core business by attracting, developing and maintaining a professional and flexible workforce.

536. All AFP employees benefit from standardised conditions of service including a 40 hour working week (subject to flexible working requirements), and a number of advancement and career mechanisms.

537. AFP leave provisions provide for:

• six weeks (30 days) paid recreation leave per year (with options to purchase additional leave or sell back part of the overall credit of leave);

• 18 days paid personal/carers leave per year (some of which can be accrued annually);

• fourteen weeks paid maternity leave (after 12 months of service) for each confinement, and an additional forty weeks maternity leave without pay;

• three months (or 6 months on half pay) paid long service leave after ten years Commonwealth service, and;

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• forty weeks parental leave without pay after the birth (or adoption) of a child (the period of this unpaid leave will be offset against any maternity leave without pay approved at the same time).

538. Remuneration and certain entitlements may vary between categories of AFP employment depending on location within Australia or overseas, the type of work undertaken, working patterns and work/life balance. Additional allowances are paid for example on overseas service, deployment to high cost living areas and as compensation for hours generally worked flexibly in excess of the normal 40 hour working week.

539. Mobility is a feature of AFP employment and AFP Management may move employees from time to time in order to meet business priorities. Similarly, members of the AFP (including those deployed to ACT Policing) may apply for transfer or promotion to other positions within the organization, including to positions in other locations.

540. The AFP seeks to create a working environment where all employees can realise their full potential and maintain an appropriate work/life balance. Accordingly and by agreement with AFP management, employees may additionally be able to access part- time and or home based working arrangements. These arrangements apply equally to the staff of ACT Policing. The major elements of the AFP Certified Agreement 2003-2006 are:

• the delivery of a classification structure and salary spine common to all classification groups that support the employment and command framework of the Australian Federal Police Act 1979;

• conditions which support actual and potential organisational work patterns necessary to support its diverse operational and support requirements; and

• the provision of leave arrangements that support employees maintaining a work-life balance in an environment that requires greater commitment to deployment responsiveness and hours of duty flexibility.

541. ACT Policing advised that variations in remuneration and certain entitlements include differences in incremental arrangements for sworn staff; no access to overtime for most un-sworn personnel as a consequence of the community operations concept in the two most recent certified agreements; sworn operational personnel accessing 25% composite salary under the community operations concept; other personnel being paid composites to reflect additional hours of duty or other compensable requirements associated with individual positions.

542. This results in a lower average salary cost of approximately $15,000 per annum for unsworn staff in comparison with sworn staff. In addition, sworn personnel within the AFP have different training requirements to un-sworn personnel and thus incur additional costs.

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543. The unified workforce of the AFP, operating within the current Certified Agreement, offers management and operational advantages to the organisation. Those advantages include a reduced range of industrial negotiations resulting from single union coverage, flexibility of the utilisation of staff, a cohesiveness of staffing within the organisation where function predominates and staff who are equally subject to the established professional standards and integrity testing regimes.

544. The ACT also benefits from those features of the unified workforce. While the mobility of staff between ACT Policing and the AFP can at times be an issue, the benefits to the ACT of obtaining the services of staff who have broader experiences as a result of national or international service with the AFP are well recognised.

545. The current Policing Arrangement between the Commonwealth and ACT governments provides that the terms and conditions of employment for AFP staff (including those within ACT Policing) are matters for determination by the Commonwealth. That Arrangement also provides that the Commissioner of the AFP will consult with the ACT Government regarding any proposed variations to terms and conditions which will have an impact on the ACT government. Consequently any variations in policies and terms and conditions of employment for both sworn and un-sworn staff within the AFP have a flow-on effect to ACT Policing, beyond the control of the ACT government who are not a party to industrial negotiations involving staff of the AFP.

546. As salaries and salary related expenditure account for some eighty percent of the costs of ACT Policing and because of the Commonwealths cost recovery principles under which the AFP must operate, any variations in the terms and conditions of service of AFP members will have implications for ACT budget outlays. In this regard it is noted that a special fiscal needs grant payment has been made through the Commonwealth Grants Commission to offset the differences between those costs to the ACT Government in comparison with national average police costs (refer paragraph 314 for recent changes to this grant payment).

547. The ratio of sworn to un-sworn staff within ACT Policing and in comparison with other jurisdictions is not however significantly distorted by reason of workforce structures and policies of the AFP. The following chart from the Productivity Commission Report on Government Services 2005 provides an indication of the relativities in percentage terms across jurisdictions.

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Figure 51: Police staff by sworn/unsworn status, 2003-04

548. The numbers of un-sworn staff within ACT Policing have remained reasonably constant over the past four years and are only marginally higher than the national average in percentage terms. The number of sworn staff in the ACT is accordingly marginally lower than the national average.

Figure 52: Sworn/unsworn staff as a percentage of total staff (ACT and the national average)

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0% 00/01 (ACT) 00/01 (Aust) 01/02 (ACT) 01/02 (Aust) 02/03 (ACT) 02/03 (Aust) 03/04 (ACT) 03/04 (Aust)

sworn staff unsworn staff Source: Productivity Commission 2005 Report on Government Serrvices

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549. The structural arrangements within the AFP (and consequently ACT Policing) are matters for the Commissioner of the AFP and under the Policing Arrangement the ACT utilises the services of the AFP as a whole within the ACT and without contemplation of utilising additional service providers for part of those policing services. Both the former Minister for Police and Emergency Services in the ACT and the Commissioner of the AFP have publicly expressed their overall commitment to the continuation of the present arrangements. 10.4 Specialist Response and Security 550. The JSG examined the functions of the Specialist Response and Security (SRS) unit for which the Commonwealth and ACT Governments each meet a part of the costs. The principle issue is whether the balance in those cost attributions is equitable under the cost recovery guidelines applicable to the AFP and ACT Policing.

551. The ACT Government’s position is that counter-terrorism equipment, training and the resourcing of SRS is manifestly a result of Canberra being the national capital and not the result of ACT Government requirements per se.

552. During 2000 ACT Policing commissioned the South Australian Police to review the capacity of its part time arrangements to deal with a range of high-risk police activities. Among concerns held at that time were the risks associated with an increasing number of clandestine amphetamine laboratories and an increasing potential for violence associated with police actions directed against those laboratories and the individuals associated with them.

553. At that time, the ACT had only a part-time specialist response capacity which was perceived to be lacking in consistent training, was poorly equipped, did not possess equipment that was necessarily interchangeable with other police forces, lacked effective coordination and was unable to quickly assembly when the need arose.

554. Consideration of the recommendations of that review also preceded the terrorist incidents of 11 September 2001 in the United States of America.

555. The SRS was consequently formed and commenced operations as a full time unit in February 2002. The principle focus of SRS is on ACT Policing activities however SRS also provides its services to AFP national and international operations. SRS also provides the capabilities and state of readiness required within the ACT under the national counter terrorism arrangements, which include inter-operability with specialist units of other police forces.

556. SRS support includes the execution of high-risk warrants, attending at domestic incidents, supplementation of general duties beat teams, operational safety training, public order and rural search and rescue, water police, divers, dog team, bomb team, negotiators, additional resources for large public events such as football matches and random breath testing operations. Unlike their counterparts in other jurisdictions, SRS undertakes a full range of policing activities including arrests of offenders, preparing briefs of evidence, attending court and all associated duties.

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557. Training of SRS personnel represents a considerable investment, with the training course for members of the tactical response teams being of four months duration. On- going training is essential to maintain the necessary state of proficiency with the specialised equipment and techniques used by SRS.

558. In addition to its permanent capacity, SRS also has access to an additional 24 part time negotiators and a further 12 part time bomb technicians.

559. SRS expenditure is attributed to the ACT and Commonwealth by means of direct and indirect attribution, the latter being calculated through annual activity surveys. ACT Policing advised that the total expenditure for SRS during the financial year 2003/04 was $6.533 million of which $1.796 million (27.5%) was funded by the Commonwealth. Expressed in terms of full time equivalent personnel, the ACT funded 40 of the 65 positions, the remaining 25 positions being funded by the Commonwealth.

560. The majority of the specialist equipment, including weapons, used by SRS in their daily operations is supplied by the Commonwealth.

561. In addition to ACT Policing activities, SRS also has clearly defined counter terrorism roles in relation to both the ACT and Commonwealth Governments. The staffing, training and equipment necessary for that role (particularly to ensure consistency with national obligations) necessarily generates greater unit costs per member than elsewhere in ACT Policing.

562. The JSG understands that these costs are unavoidable if the level of preparedness and expertise necessary to respond to a terrorism incident is to be achieved and maintained. The JSG also understands that in the event of a significant terrorist incident within Australia, all police resources will be fully committed within their respective jurisdictions and accordingly the AFP would not be able to rely on other jurisdictions for appropriately skilled and trained counter terrorism assistance in the ACT 10.5 The Police Citizens Youth Club 563. In view of the resources committed by ACT Policing to the Police Citizens Youth Club (PCYC), separate consideration is given to that aspect of ACT Policing in this section. It was noted that the PCYC was the subject of another review, separate to this study at the time of the preparation of this report.

564. The Canberra Police and Citizens Youth Club Inc is an incorporated association and charity in the ACT and commenced operations in 1957. It has had a long association since its inception with the former ACT Police and now the Australian Federal Police. It operates from premises in Turner and Erindale in the ACT and is affiliated with like clubs in other States and the Northern Territory.

565. The philosophy of PCYC as set out in the Strategic Business Plan July 2002 – June 2005 is:

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• No single organisation has the sole capacity to address all the issues that affect young people in today’s global environment. Chief among the concerns are the extent of youth crime and the degree of distress that many young people face because of substance abuse, family violence, or other extreme social and physical difficulties.

• By adopting both a collaborative and preventative approach to address these concerns, the Canberra Police and Citizens Youth Club recognises that it must work closely with police, the community, young people, government agencies, and non-government organisations. The focus of our attention is to reduce crime, reduce the fear of crime, youth at-risk and disadvantaged young people. Deliberate collaboration, purposeful partnerships, and strong alliances will drive the Canberra Police and Citizens Youth Club.

566. The PCYC operates under a Constitution and is managed through a structure consisting of:

• A Board;

• Executive Management;

• Centre Management; and

• Initiatives Team

567. The Board consists of a President, General Manager and up to five other persons elected from the membership of the Club at its Annual General Meeting. The Constitution of the PCYC requires the President to be a member of the AFP of or above the rank of Superintendent, appointed in writing by the ACT Chief Police Officer.

568. The General Manager is required by the Constitution to be a member of the AFP of or above the rank of Sergeant, also appointed in writing by the Chief Police Officer. While each elected or appointed Board member may hold office up to the Annual General Meeting following the date of appointment, the President and General Manager remain in office for the duration of the occupants posting by the Chief Police Officer.

569. The Constitution provides the range of powers, obligations and accountabilities usually associated with incorporated bodies.

570. The current Strategic Plan of PCYC is built around five key result areas:

• Youth Development;

• Community Cohesion;

• Strategic Alliances;

• Resource Management; and

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• Promotion/Marketing.

571. There are currently sixteen funded positions within the PCYC of which nine are funded by the AFP. Those AFP funded positions consist of two sworn and 7 un-sworn staff.

572. General Manager;

• Finance Manager;

• Centre Manager Erindale;

• Centre Manager Turner;

• Desk Officers (2);

• Police Liaison Officer PCYC;

• Police Liaison Officer Reclink; and

• Sport and Recreation.

573. The ACT Policing 2004/05 budget for PCYC (including superannuation and workers compensation costs) is $832,419.

574. In July 2004, the PCYC entered into a three year contract with the ACT Office for Children, Youth and Family Support for a Recreation Support Program for Risk Youth (Reclink) and Youth Clubs That contract provides for the payment to the PCYC during that period of $235,620 for Reclink and $66,780 for Youth Clubs.

575. In addition, the PCYC has received grants for conducting camps, for equipment and for scouts to the value of $46,000 per annum.

576. The Department of Sports and Recreation have provided a grant to the value of $16,070 for equipment, although that grant will not be made in 2005. The balance of income is from membership dues from each of the Centres, donations and fund raising by sports within those Centres.

577. The principal activities managed by the PCYC (at both locations) are:

• Boxing;

• Wrestling;

• Karate;

• Gymnastics/Aerobics;

• Weight Training;

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• Indoor Sports;

• Martial Arts;

• Basketball;

• Skating;

• Rock climbing;

• Boxercise;

• Funk dancing;

• Self defence;

• Kick boxing;

• Badminton;

• Graffiti Art;

• Ten Pin Bowling; and

• Woodwork.

578. In addition the PCYC conducts the Blue Light Discos at various schools throughout the ACT.

579. The combined funding and other resources provided to the PCYC both directly by government and indirectly through ACT Policing are considerable. The long history of the PCYC, its place within the ACT community and its contribution to reducing offending or the potential for offending (particularly among young people) are significant factors in any consideration of alternatives to the present funding levels and arrangements. It would seem prudent to carefully consider the possible consequences of any reductions in the capacities of the PCYC before any action is taken.

580. ACT Policing advised the JSG that the PCYC function and staffing arrangements have been reviewed on a number of occasions in the past three to four years. As a result of those reviews, staff levels are considered to be at the optimum level.

581. In lieu of further reviews of the PCYC, it is suggested that ACT Policing and JACS explore opportunities to integrate the PCYC with other youth programs in the ACT to capitalise on existing resources, potentially increase returns on current outlays and contain where possible current expenditures in both areas, while ensuring that the objectives of the PCYC are maintained.

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10.6 Alternatives to Providing and Funding Services 582. Since the commencement of the first Policing Arrangement with the ACT, the various functional elements of ACT Policing have always been a part of the AFP. There has not been either an external provider of policing services to the AFP, nor any separating-out of functions within the ACT Policing component as might have occurred if certain elements had been sourced from other than the AFP.

583. A more conventional purchaser/provider model might contemplate seeking alternative providers for the policing functions for the ACT, however under the present legislative regime, that option does not appear to be achievable without amendment to the Australian Federal Police Act 1979. It should also to be noted that the JSG has not found during the course of targeted consultations any preponderance of preference for such a change at this time and the previous ACT Minster for Police and Emergency Services publicly stated his commitment to a continuation of the current arrangements.

584. There may be scope for alternative service provision in some limited areas, such as motor vehicle fleet leasing arrangements. However considerable in-depth analysis of the concept would be required before any gains might be quantified; for example there are particular issues and costs which attach to the fitting out/stripping of police vehicles and high distances travelled over relatively short life spans resulting in poor returns on sale at end of lease.

585. ACT Policing advised that recent market testing of a range of possible alternative service providers did not identify any substantial benefits or savings. Those marginal benefits which may have been available were largely negated by the additional administrative costs associated with the altered arrangements.

586. Other opportunities identified through consultations for potential alternative provision of services included the means of dealing with abandoned motor vehicles; motor vehicle accident reporting processes; fireworks and some animal nuisance complaints; nuisance phone calls and traffic hazards. Each will require negotiation with the ACT government in order to balance the efficiency gains with other considerations, including possible resource implications as a consequence of shifting tasks and hence costs to other agencies. (See also the Resources chapter, paragraph 340.)

587. Crime Prevention would also appear to offer some possibilities for alternative approaches to the provision of those services. The following aspects of that function were noted and from which some possibilities emerge, recognising the possible cost shifting consequences of any changes:

• Negotiations are underway with the Department of Education to obtain assistance in providing traffic safety education to children;

• the assistance of teachers is being sought with supervising children at the traffic education centre;

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• at present the Safety House initiative throughout the ACT is poorly serviced and in need of review; and

• the position of Business Liaison Officer was vacant.

588. Any examination of those and other vacant positions should be in the context of the priority of the functions within ACT Policing rather than for dispensing with the function simply because a related position may be temporarily vacant. That consideration should also include whether the duties continue to require sworn officers, are able to be undertaken by unsworn staff or provided by elements of the ACT Government through complementary arrangements.

589. The JSG was unable, within the constraints of the current legislative regime, the Policing Arrangement and Purchase Agreements, to identify any significant alternative means of providing and funding policing services to the ACT. 10.7 Recommendations 590. It is recommended that:

• ACT Policing and JACS explore opportunities to integrate the PCYC with other youth programs in the ACT to capitalise on existing resources, potentially increase returns on current outlays and contain where possible current expenditures in both areas while maintaining the core objectives of the PCYC.

• ACT Policing and JACS explore alternatives to current requirements of police in respect of abandoned motor vehicles, motor vehicle accident reporting processes, fireworks, some animal nuisance complaints, nuisance phone calls and traffic hazards, recognising the possible cost shifting consequences of any alternatives.

• In view of the diversity of crime prevention activities undertaken at a whole of government level, ACT Policing and JACS identify those functions where synergies exist between departments and agencies and accordingly make recommendations to government on appropriate alternative approaches to the delivery of crime prevention programs.

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11 Enabling Services

Term of Reference 7 – Review the attribution of costs for enabling services provided from AFP National to ACT Policing with specific reference to audit requirements in this area and an evaluation as to whether alternative delivery strategies might enable improved efficiency and effectiveness.

591. The focus of this section is on the provision of enabling services to ACT Policing from AFP National and excludes any discussion on those enabling services currently provided from within ACT Policing.

592. Enabling services that are currently provided by AFP National to ACT Policing together with the 2003-2004 published costs are include:

Figure 53: Enabling Services and Costs (2003/04)

Enabling Services 2003-2004 Cost $m Finance and people management including: $1.267m

• Health & Safety;

• Financial services;

• Professional Standards; and

• People Strategies.

Policy and commercial including: Information Technology; $5.503m Forensic Services; and $4.090m Commercial Support & Policy. $1.529m Learning and development $0.814m Technical Operations $0.698m Overhead Costs including: $1.875m Depreciation; and Property expenses TOTAL $15.776m

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593. The current formula for the calculation and annual updating of enabling costs is:

- the cost base established as part of the Catalyst review;

- plus indexation;

- plus new policy proposals;

- less policy variations;

- plus/less Commonwealth activity.

594. The basis for determining enabling service costs varies according to a number of circumstances. For example when adopting new policy proposals ACT Policing undertake a rigorous process for determining the extent to which those new measures will consume enabling costs and apply them accordingly; when employing non-sworn staff it is unlikely they will consume forensic services thus a different enabling cost factor is applied than when employing sworn staff.

595. All enabling services were reviewed in 2001 by Business Catalyst International and a cost base was established for the services by attributing costs based on known cost drivers and percentages of staff time spent undertaking ACT related activities.

596. This cost base has been updated annually since 2001 and adjusted for indexation, new policy proposals (generally related to new recruits), changes to the staffing ratio between ACT Policing and AFP and devolution of enabling services to ACT Policing.

597. Enabling costs have increased from $15.3m in 2000/01 to the current budgeted amount of $16.5m in 2004/05.

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Figure 54: Enabling Services Costs

2004-2005 Enabling Service Costs

7,000 6,000 5,000 4,000

$'000 $'000 3,000 2,000 1,000 0

t y s y n nce ards ces vi atio na opmen nolog r Safet Fi and h & t el Ser c pe c e rt & Policy l S ev T O ona &D cal Health si orensi ni ng F es rmation rni al Suppo rof ci Tech ea Info P L ommer C

598. The principles adopted by the AFP for cost recovery of enabling services are from the Australian Government’s cost recovery policy titled Commonwealth cost recovery guidelines for Information Agencies.

599. While this term of reference sought to address audit requirements in relation to enabling costs, the detailed examination necessary of all enabling costs to determine the accuracy of those charges was beyond the scope of this study. Accordingly the study focussed on Forensic and IT services as they represent 69% of the total enabling services. The current method for cost attribution was examined and an alternative basis for attributing these costs was explored. Costs for other individual enabling services are relatively small by comparison and have remained relatively static over time. 11.1 Transparency 600. The magnitude of the costs incurred in the provision of enabling services leads ACT Government to seek transparency, particularly as to how they are calculated and applied.

601. The quarterly and annual reports to ACT Government include enabling service costs but not at a level which allows for any detailed analysis of those costs. It would be beneficial to the ACT Government to receive, as part of the reporting process, explanations of variances in actual enabling costs compared to budgeted costs.

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602. The transparency of enabling service costs can be achieved through a joint exercise between ACT Policing and ACT Government on re-establishing the base costs of those enabling services. The Catalyst review has been adjusted for factors such as indexation and new policy proposals and is now dated. A re-basing exercise involving ACT Policing and ACT Government will provide more accurate enabling service costs and provide the ACT Government with an up-dated understanding of the nature of enabling services being consumed and how they are currently being attributed to ACT Policing.

603. There are new enabling services now being provided which were not costed in the original Catalyst review as well as existing services such COMCARE and legal fees which are currently not being charged as part of enabling services. A re-basing exercise will assist in identifying these services and ensure their inclusion in the costing arrangements. ACT Policing advise that their current share of the Comcare premiums is in the order of $1.25m while legal fees incurred on behalf of the ACT are in the order of $440,000. Neither of those amounts are funded through the Purchase Agreement or other means.

604. A re-basing of enabling costs will be a time consuming (and potentially costly) exercise and will require both parties to commit the necessary resources for the process. 11.2 Forensic Services 605. At the time of the Catalyst review forensic services capability included:

• Field services;

• Laboratory services;

• Fingerprints;

• Firearms;

• Computer forensics (albeit demand for services has grown considerably);

• Signal processing & photographics; and

• Drug support.

606. Since the Catalyst Review the nature of forensic services has evolved and new capabilities are now available. These include:

• Disaster Victim Identification (DVI);

• Rapid Response/Post blast;

• Chemical, Biological, Nuclear and Radiological (CBR) Response;

• Virtual Crime Scene Imaging; and

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• 3D Laser Imaging.

607. While some of the new services have little impact on the ACT Government in terms of resources attributed under the Purchase Agreement, ACT Policing do use them to varying degrees. The existence of the capability has the ability to benefit ACT Policing in undertaking its community policing functions and therefore benefits the ACT community. The drivers for these emerging services are the availability of new technologies as they relate to the changing crime environment.

608. Computer forensics are considered to be a growth area for ACT Policing and while 0.6 of an FTE is currently provided it is estimated that 2-3 FTE are currently utilised in fulfilling this function which is still substantially short of requirements. The next section provides further analysis on the costs of Forensic Services. It should be noted that some computer forensic cases are as much as 12 months behind with only the higher priority cases being given consideration.

Analysis of Costs of Providing Forensic Services

609. Figure 55 below provides a summary of the allocation of Forensic Services enabling costs based on the Catalyst Review performed in 2001. The cost base is the primary determinant for charging costs to the ACT Government and the FTE calculation is translated from those costs.

Figure 55: Forensic Services Attribution Basis

Organisation Service Set Basis of Attribution Forensic Services Field Services 90% of 19 FTE 85% of 16 FTE - drug support Laboratory Services 20% - Director 25% Signal Processing & Photographics 50% of 2 FTE & 80% of 8 FTE Administration Support 80% of 2 FTE & admin costs Armoury/Firearms 75% of 2 FTE & 90% of 1 FTE

610. The table identifies five main areas of service delivery and identifies staff working in each of the areas. Within each area an estimate has been made of the percentage of time spent in performing ACT activities, applied to annualised salaries. Other consumable costs such as chemicals, photographics, motor vehicle expenses were also recorded and attributed as costs to the ACT. These costs are not included in the table.

611. On the basis of the Catalyst Review, 43.4 FTE staff are currently attributed and costed to providing forensic services to ACT Policing. This amount has remained unchanged since 2001.

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612. The JSG held discussions with Forensic Services to assess whether the methodology for attributing forensic costs to ACT Policing based on a percentage of staff time was reflective of the actual effort undertaken in providing these services.

613. Alternative approaches being considered by Forensic Services are the number of ACT Policing cases dealt with by Forensics as a proportion of total cases or the number of items/samples processed for ACT as a proportion of total samples. These measures both have some limitations. For example, the number of cases ignores complexities involved within each case. Similarly the time taken to process samples may vary according to degrees of complexity. It is possible that a combination of the two measures may prove to be more reliable than the current estimate applied to forensic services.

Figure 56: Forensic Services Alternative Basis for Attribution

Current % of FTE % of FTE FTE ACT Result items/ Result Service Set Cases samples Audio & video imaging 3 42 1.25 54 1.5 (included in field services above) Biological Criminalistics 15 89 13 85 12.75 (included in laboratory services above) Chemical Criminalistics 6 66 4 52 3 (included in laboratory services above) Computer Forensics 16 14 2.25 8 1.25 Crime Scenes/field 42 75 31.5 49 20.5 services Document examination 8 19 1.5 5 0.5 Fingerprint examination 13 87 11.25 93 12 Firearms and ballistics 2 54 1 27 0.5 TOTAL 65.75 52

614. Figure 56 above tabulates the results of the alternate approaches. The figures for the number of cases and samples are derived from searches made from the Forensic Services case management system for the twelve months between 1 November 2003 and 1 November 2004. The FTE numbers are provided from the AFP workforce planning report of September 2004. Some of the FTE totals vary from the Catalyst recorded staff numbers because they included only ACT based staff whereas in practice much of the work is moved to locations where non-ACT based staff have the capacity to undertake the work.

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615. It should also be noted that these numbers attempt to define the resources required to undertake existing workload levels, but do not take into account the current backlog of work and any new activities.

616. There are also a number of personnel supporting these direct services including the Manager Forensic, Operations Support, Quality Manager, Chief Scientist and administrative support staff who are not included above. Forensic Services estimate the time spent by these personnel on dealing with ACT matters equates to 13.25 personnel.

617. The two methods both result in Forensic Services costs that are higher than the current methodology employed under the Catalyst review.

618. The following table provides a comparison of the different methodologies.

Figure 57: Comparative Assessment of Personnel Numbers Using Different Methodologies

Cost Attribution Methodology FTE Staff Timeframe Catalyst Review 43.4 2001 Number of cases 79 2004 (excluding backlogs) Number of Items/Samples 65.25 2004 (excluding backlogs)

619. While it was not possible in this study to reassess all the relevant costs of providing enabling services to ACT Policing in extensive detail, the above high level analysis of alternative measures for Forensic Services suggests that more resources may be being used than are currently funded.

620. Alternative cost attributions as described above will need to be considered in any re- basing exercise as they do provide different results from those currently employed and will require agreement between the ACT Government and ACT Policing that they represent a more accurate measure of activity. This methodology may also be improved by considering sub-categories of cases according to their degrees of complexity to enable more accurate results for the type of work carried out by ACT Policing.

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11.3 Information Technology 621. AFP Information Technology Services receives a budget for technology provision across the whole of the AFP, and does not internally separate the costs attributable to ACT Policing. The total cost of IT enabling services for 2003-04 was $6.073m which equates to $7,352 per staff member. Apportionment of IT enabling costs is currently undertaken on the basis of the Catalyst Review.

622. The JSG approach to examining IT service costs was to use the information contained in the Catalyst review from 2001 and compare those costs to those in a 2003 Service Catalogue provided by AFP IT Services (which provides information available at an individual service level).

623. Figure 58 below presents the data based on the Catalyst Review while Figure 59 presents similar data based on the AFP Service Catalogue.

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Figure 58: Catalyst 2001 IT Enabling Costs Per User

Information Technology Item as $ per and Technology Principle $’000 % of IT staff management Services

5-75% of 2 FTE & 4 Cont, 90% of switchboard costs, Voice Services No. of lines & ACT/AFP Staffing 944 1.18 17.5% 15% of 4 FTE & 2 Cons, Communications ACT/AFP Staffing 587 0.73 10.9% 5 FTE & 1 Cons ACT/AFP IT Security staffing 193 0.24 3.6% Information Management 7 FTE ACT/AFP Staffing 172 0.21 3.2% 8 FTE & 2 Cons ACT/AFP IT Hosts Staffing 544 0.68 10.1% User Liaison 2 FTE ACT/AFP Staffing 54 0.07 1.0% IT Webs 2 FTE ACT/AFP Staffing 49 0.06 0.9% 2 FTE & 2 Cons, No. of IT TI Support ACT/AFP Warrants 13 0.02 0.2% IT Operations Support 4 FTE ACT/AFP Staffing 122 0.15 2.3% Barton Library 5 FTE ACT/AFP Staffing 107 0.13 2.0% Program Evaluation 3 FTE ACT/AFP Staffing 68 0.08 1.3% IT Support Centre (Help Desk) 15% of 1 FTE 58 0.07 1.1% 10 FTE & 34 Cont ACT/AFP IT Applications Staffing 1,450 1.81 26.8% 18 FTE & 6 Cont ACT/AFP LAN Support Staffing & ACT/AFP Computers 1,040 1.30 19.3% SUBTOTAL 5,401 6.73 100.0%

624. The total cost per ACT Policing staff member based on the original Catalyst calculations of 2001 is $6,730.

625. Figure 58 below presents the data based on the Catalyst Review while Figure 59 presents similar data based on the AFP Service Catalogue.

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626. Figure 59 below presents the data based on the Service Catalogue for 2003 provided by AFP IT Services.

Figure 59: AFP IT Catalogue of Services June 2003

AFP IT Catalogue of Services June 2003 (costed at ACT Police 23% of AFP) SERVICE % of total servi ÷ 800 Staff Provide 24 Hr LAN services $ 2,691,107 47% 3,363.88 Provide ITSC Customer Service $ 400,440 7% 500.55 Provide contract management / purchasing and software licence audits $ 419,390 7% 524.24 Voice Services $ 251,956 4% 314.95 Hosts Services $ 1,099,159 19% 1,373.95 Provide IT Security Services $ 28,700 0.5% 35.88 Provide Data Communication Services $ 277,500 5% 346.88 PROMIS Application Development and Support $ 238,100 4% 297.63 Telephone Intercept Services $ 20,000 0.3% 25.00 Enabling Services and programming Support $ 140,000 2% 175.00 Web Development Services $ 35,000 1% 43.75

Project Development benefiting ACT (¾ FTE programmer) $ 105,000 2% 131.25 Consultancy Services (¼ FTE Bus Analyst) $ 40,000 1% 50.00 TOTAL $ 5,746,352 100% 7,182.94

627. Total cost per ACT Policing staff member based on the Catalogue of Services is $7,182 per staff member.

628. The Catalogue of Services produces a similar overall cost ($5.7m by the Catalogue of Services compared with $5.4m by Catalyst) even though the individual components vary significantly. It should be noted that overall costs would have been expected to increase in the four years since the Catalyst review. The Catalogue of Services was developed by AFP IT Services in an attempt to provide a breakdown of services and application and infrastructure support for ACT Policing, but there are insufficient data recorded at this stage to enable further clarification of the variance in the components.

629. The integration of the AFP information management function into the IT function as well as the imminent replacement of the PABX used solely by ACT Policing are two identified issues that will impact on future costs. These will need to be considered and factored into future funding and charging arrangements for IT enabling services.

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Usage

630. IT costs are attributed across the whole of AFP (including ACT Policing) irrespective of actual usage based on number of Personal Computers (PCs) or as a percentage of staff.

631. Allocation of costs by usage could provide considerable advantages for ACT Policing and JACS. Information Technology usage is pervasive throughout the whole AFP irrespective of whether the user is a sworn or unsworn member. With the inclusion of Protective Service Officers (PSOs) in the AFP head count, ACT Policing now constitutes 15% of the whole of AFP. This proportion may have implications for ACT Policing costs which, while yet to be quantified, suggest that the costs of IT services should be reassessed through a rebasing exercise to ensure costs are appropriately attributed. 11.4 Commonwealth Variances 632. The current formula for determining the cost of policing services to ACT Government is:

- ACT Policing costs;

- less Commonwealth activity;

- plus enabling services;

- less the Special Fiscal Needs Grant.

633. The calculation for enabling services is:

- the cost base established as part of the Catalyst review;

- plus indexation;

- plus New Policy Proposals;

- less policy variations;

- plus/less Commonwealth activity.

634. Movements in the percentage applied for deducting the Commonwealth activity from total costs are currently only applied to ACT Policing costs and exclude enabling services. The Catalyst report deducted 4.95% from enabling services (excluding Forensic Services) in recognition that some of the costs of providing enabling services to ACT Policing were directed toward activity undertaken on behalf of the Commonwealth. The JSG was advised that this percentage still applies and the percentage was changed to 5.56% from 2002-03 onwards.

635. If movements in the percentage attributable to undertaking Commonwealth activity (as discussed in detail in Term of Reference 5, Section 9) are also to be attributable to

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enabling services, the funding formula as described in paragraph 632 would need to reverse the order of enabling services and Commonwealth activity, viz

- ACT Policing costs;

- plus enabling services;

- less Commonwealth activity.

636. The JSG considers that while the difference at this stage is minimal and there are likely to be both favourable and unfavourable variations for both parties in the costs attributed, the funding formula should ensure the process for the attribution of enabling services does reflect changes in the level of Commonwealth activity. 11.5 Recommendations 637. It is recommended that:

• ACT Policing and ACT Government undertake a joint re-basing of enabling services costs with the timing of this re-basing project to acknowledge the requirement for both parties to make available all necessary resources.

• ACT Policing and ACT Government, as part of the re-basing project, develop an ongoing phased assessment program so as to eliminate the requirement for annual re-basing activities.

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12 PROMIS Data System

Term of Reference 8 – Responsiveness of the PROMIS data system to ACT needs, including timely access to data for analytical purposes and the mandatory recording of information including victim data.

638. The focus of the JSG with respect to the Police Real-time Online Management Information System (PROMIS) has been on:

• Responsiveness of access to PROMIS data for statistical and trend analysis to inform policy design, and the ability for PROMIS to integrate with the evolution of the ACT Integrated Justice Information System (IJIS); and

• Functionality within PROMIS to support mandatory recording of information and the associated integrity of data so collected. 12.1 PROMIS Overview 639. PROMIS is the core AFP Information System that supports the policing services of the AFP. The Northern Territory Police and the Australian Crime Commission also use versions of PROMIS provided by the AFP. The PROMIS system is based on a modern architecture and operating system in comparison to a number of police case management systems across Australia. The application is written in Visual Basic with an Oracle database.

640. The philosophy behind the development of PROMIS is that it is the central repository of all information needed to support the policing operations of the AFP. As a consequence PROMIS is a large and complex system which has stringent requirements for maintaining the security and privacy of its information base. In order to provide and maintain its level of functionality and security, there are necessary constraints for both accessing data within PROMIS and for responding to requests by the ACT Government for functionality to meet its requirements.

641. PROMIS functionality includes support for:

• Investigation and strategic planning;

• Recording and managing the actions undertaken during the course of an investigation;

• Recording and managing the information gathered and processed during the course of an investigation;

• The management and coordination of operational activity within and across investigations;

• The creation and tracking of paper records (files);

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• Recording and receipting of audio tapes, diaries, notebooks, and

• Correspondence management system. 12.2 ACT Policing Usage of PROMIS 642. Functionality of PROMIS specific to ACT Policing includes:

• ACT Policing Task Allocation;

• ACT Incident Reporting;

• ACT Apprehensions;

• ACT Warrants;

• Firearms / Weapons Licencing;

• Cell management;

• Traffic Accidents;

• DPP Briefs and Rosters;

• Computer Aided Dispatch (CAD) Interface;

• Magistrates Court Extraction;

• Stolen Motor Vehicles; and

• Lost / Found / Stolen Property.

643. PROMIS is also the data system used to provide a range of information reports for both ACT Policing and ACT Government, using both structured and unstructured queries.

644. The ACT Policing Incident Reporting module is undergoing a significant change for implementation, expected to be completed in the first quarter of 2005. The changes address the ACT Government’s requirement for the capability to enter more data in relation to victims, required for better monitoring and management of victims of crime. The changes also provide for the provision of a simpler and improved interface for incident entry. 12.3 Responsiveness of Data Access 645. ACT Government agencies such as the Department of Justice and Community Safety and Victims of Crime Services have requirements for data captured by AFP data systems for analysis and policy planning purposes.

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646. Currently there is no systematic access to such data across all Justice related agencies and the time taken to respond to information and data requests by the ACT Government can vary from one week for simple standard queries to six months for complex queries requiring the development of non-standard reports.

647. ACT Policing advised that such enquiries frequently involve data not held in readily accessible formats, involve variables against which data are not recorded and can frequently involve significant privacy legislation considerations. They also involve significant commitments of resources and divert resources from core business activities.

648. In keeping with current or planned upgrades to other justice agency information systems, the ability to better access or exchange certain PROMIS data is considered to have the potential to significantly enhance the ACT Government’s ability to integrate and manage justice related information.

649. Many jurisdictions nationally and internationally are implementing or considering the implementation of integrated justice information systems. The general experience is that development of a single multi-agency justice information system is a complex undertaking that involves significant time, cost and organisational risk.

650. An alternative approach is to establish a data warehouse comprising critical datasets from relevant justice agencies. In the case of ACT Policing, this would involve providing ACT Government with regular transfers of appropriately aggregated or de- identified PROMIS data.

651. The cost and most appropriate technologies for such a data warehouse would depend on a detailed investigation of the level and nature of such transfers which is outside the scope of this study.

652. It is expected that current plans and developments for AFP business systems, particularly with respect to intranet-based functionality, may also enable improved and less expensive access to PROMIS data and functionality. However it is noted that security and privacy issues restrict access to PROMIS itself to members of the AFP. 12.4 Data Functionality and Integrity 653. The design and development of PROMIS is required to take into account the requirements of and implications for ACT Policing, the wider AFP, the Northern Territory Police and the Australian Crime Commission.

654. Notwithstanding the generally accepted assessment of PROMIS as a leading core policing system, it has been recognised that there are opportunities to improve its support for data entry by operational members.

655. Enhancements are underway to provide a simpler and improved interface for incident entry that will reduce the time taken to enter details by reducing the number of screens to be accessed and the number of keystrokes. In particular, the PROMIS Case Management modules are being redeveloped into one Case Management system,

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starting with ACT Incident Recording. The implementation of these enhancements is due for completion in the first-quarter of 2005.

656. These enhancements should result in increased data accuracy from the first point of capture and further reinforce ongoing ACT Policing efforts to maximise the integrity of PROMIS data. ACT Policing expends a significant amount of time validating PROMIS data prior to public reporting and the system changes to be implemented will assist in this regard.

657. These enhancements should also provide critical functionality requested by ACT Government, particularly to better manage victims of crime. They include business and validation rules that restrict completion of a case in PROMIS unless victim data is entered and complete, and incorporate capture of more detailed and complete information from the CAD system.

658. While these enhancements indicate the ability of PROMIS to adapt to meet user needs, it is considered that there is a need to further improve the processes in place to identify, communicate and prioritise new or changed ACT Government requirements of the PROMIS data system.

659. A more robust system of interaction which encouraged early identification of mandatory data requirements, and involved open dialogue between ACT Government and ACT Policing regarding, the associated functionality, costs, priorities and timeframes, would assist the design, drafting and implementation of ACT Government policies and directions. 12.5 Recommendations 660. It is recommended that:

• ACT Policing is included in the ACT Government’s ongoing program to develop a systematic approach for accessing data required for the administration of justice in the ACT

• ACT Government and ACT Policing establish processes for identifying, communicating and prioritising ACT Government information requirements and ongoing changes to these requirements.

• ACT Policing initiatives aimed at strengthening data validation and integrity are continued and supported.

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13 Conclusion

661. The Terms of Reference for the Joint Study into ACT Policing comprised a broad and comprehensive review of the current Policing Arrangement and Purchase Agreements. The JSG consulted with a wide range of government and police stakeholders that encompassed many aspects of the justice system in the ACT. The JSG also reviewed a range of available quantitative data to further inform the Study.

662. Detailed activity based analysis was limited by the unavailability of activity data, particularly data which could assist with the tracking of actual effort against budgeted expenditure. It was also limited by incomparability of certain data records as a result of changes to counting rules and methodologies. As a consequence, National Comparator and Relative Input Efficiency Models were developed and used to address the key issue of adequacy of police resourcing levels.

663. The JSG has sought to clarify the priority issues emerging from available qualitative and quantitative data and to provide recommendations addressing each of the Terms of Reference. In some cases the recommendations are able to be implemented in the near term, in other cases the changes are oriented towards establishing new procedures and practices that will enable benefits in the longer term.

664. There are issues raised on this report on which there is varying agreement and on which further discussion may be required between the ACT Government and ACT Policing. The Study Team believes that those discussions can be assisted by the findings and recommendations contained in this report.

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A. Study Consultations The following individuals and personnel from departments and agencies were consulted during the course of the Policing for the Future Study:

• ACT Aboriginal Justice Advisory Committee

• ACT Auditor-General’s Office

• ACT Corrective Services

• ACT Department of Justice and Community Safety

• ACT Director of Public Prosecutions

• ACT Domestic Violence Crisis Service

• ACT Legal Aid Commission

• ACT Mental Health

• ACT Minister for Police and Emergency Services

• ACT Ombudsman

• ACT Treasury

• ACT Victims of Crime Coordinator

• Acting Chief Justice, ACT Supreme Court

• AFP Psychologist

• Australian Federal Police Association

• Chief Executive, ACT Department of Health

• Chief Executive, ACT Department of Justice and Community Safety

• Chief Executive, ACT Department of Urban Services

• Chief Financial Officer, AFP

• Chief Operating Officer, AFP

• Chief Police Officer, ACT Policing

• COMCARE

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• Commissioner, ACT Emergency Services Authority

• Coordinator, Finance, ACT Policing

• Coordinator, Media Unit, ACT Policing

• Coordinator, People Strategies, ACT Policing

• Coordinator, Police and Citizens Youth Club, ACT Policing

• Coordinator, Property Office, ACT Policing

• Coordinator, Research and Policy, ACT Policing

• Courts Administrator, ACT Courts

• Deputy Chief Police Officer, ACT Policing

• Director Corporate Services, ACT Policing

• Director, ACT Office for Children, Youth and Family Support

• Director, Canberra Rape Crisis Centre

• Director, Forensic Services, AFP

• IT Manager, AFP

• Police Consultative Board

• Registrar, ACT Magistrates Court

• Registrar, ACT Supreme Court

• Superintendent, Communications, ACT Policing

• Superintendent, Crime Prevention, ACT Policing

• Superintendent, North District, ACT Policing

• Superintendent, Operations Monitoring and Intelligence Support, ACT Policing

• Superintendent, Prosecution and Judicial Support, ACT Policing

• Superintendent, South District, ACT Policing

• Superintendent, Specialist Response and Security, ACT Policing

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• Superintendent, Territory Investigation Group, ACT Policing

• Superintendent, Traffic Operations, ACT Policing

In addition, ACT Policing personnel provided extensive briefings on crime trends, the allocation of police resources, the functions of the Specialist Response and Security group, the Workplace Activity Project and organised crime in the ACT.

Visits to Police Communications, police stations and with police patrols were also arranged for members of the Joint Study Group during the course of the project.

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B. Glossary

ABS Australian Bureau of Statistics

ACC Australian Crime Commission

ACT Australian Capital Territory

AFP Australian Federal Police

ANCOR Australian National Child Offender Register

BOCSAR NSW Bureau of Crime Statistics and Research

CAD Computer Aided Dispatch system

CBR Chemical, Biological, Nuclear and Radiological Response

CCTV Closed Circuit Television

CGC Commonwealth Grants Commission

CIRT Collision Investigation and Reconstruction Team

DPP Director of Public Prosecutions

DVI Disaster Victim Identification

FROST Firearms Registry and Order Service Team

FTE Full Time Equivalent

IDG International Deployment Group

IJIS Integrated Justice Information System

JACS Department of Justice and Community Safety

JSG Joint Study Group

KPI Key Performance Indicator

PCYC Police Citizens Youth Club

PLO Police Liaison Officer

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PROMIS Police Realtime Online Management Information System

SACAT Sexual Abuse and Child Assault Team

SFN Special Fiscal Needs

SRS Specialist Response and Security Unit

UEWI Unlawful Entry With Intent

WAP Workplace Activity Project

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C. ACT Policing Arrangement 2000-2005

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161

162

163

164

165

166

167

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D. ACT Purchase Agreement 2004/05

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170

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172

173

174

175

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180

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E. ACT Policing WAP Methodology

WORKPLACE ACTIVITY PROJECT - METHODOLOGY

BACKGROUND

The Workplace Activity Project was initiated in November 2003 to identify the operational work performed in ACT Policing, with a view to identifying more efficient and effective use of human resources to achieve Purchase Agreement outcomes. The Workplace Activity Project (WAP) is sponsored by DCPO Commander Newton and the Project Team consists of D/Sgt Geoff Hobart and S/C Steve White.

The objectives of the WAP are to: • Qualify and quantify the operational activities performed by ACT Policing; • Understand the span of operations; • Understand how long it takes to perform each operational activity; • Understand where operational activities time is taken; • Identify resources required to undertake that role; • Reprioritise the operational activities; • Identify efficiencies and process improvements; • Identify a legislative change program arising from improvements; and • Highlight activities that could be more appropriately performed by other agencies.

METHODOLOGY

The Project Team was initially required to identify all current operational activities within ACT Policing and identify how long it takes members to complete each activity. The Project Team acknowledged that any result would need to consider the Purchase Agreement measures.

PROMIS is the main data collection program utilised by ACT Policing. Two main streams of work systems were identified: What operational work is recorded within PROMIS and CAD; and What work is done but recorded either on other databases or is not recorded at all, ie. traffic infringement notices.

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To make a comparison of the time to undertake the work and available labour hours a calculation of available and productive hours was developed in order to contextualise the data. ACT Policing People Strategies provided the underlying information from our SAP database for a period of two years21. This was calculated by identifying the number of staff (less enabling services) available and subtracting the average of all types of leave and training requirements. This allowed the calculation of the average number of hours worked in a year by a member of ACT Policing for operational purposes. It was determined that the available hours per member per year was 1467.2 hours.

SUBJECTIVE TIME ESTIMATIONS

STAGE 1 – What work is done and recorded within PROMIS and CAD and how long members take to complete that work.

Information contained within PROMIS was examined. The volume of information held relating to particular incident types was quite high however, information as to how long a member took to perform a function or activity within an incident type is not captured. CAD is only used for the purposes of managing resources in the initial reporting and response to an incident. CAD does not record any follow-up investigations or work conducted by a member after the original incident is marked “Job Complete”. As an example where an assault is investigated the time taken by Communications members to conduct enquiries to assist members in management and investigation of an incident is not recorded. Likewise the time taken by a member in relation to the same assault to obtain a witness statement is not recorded within PROMIS although the actual statement itself is.

To obtain time data in relation to PROMIS incident types experienced members from each work portfolio were brought together to form focus groups. Those focus groups were tasked with identifying those work practises or activities undertaken by members to complete particular PROMIS incident types. The focus groups were requested to give a time estimation of how long it takes to complete each of those tasks.

This data was analysed which subsequently identified those activities that were duplicated by members from different work portfolios and those that resulted in operational support to another work portfolio. From that analysis a spreadsheet22 was populated in the following way: Where a portfolio carried incident investigation primacy (such as Territories Investigations Group investigating a Homicide) all other portfolios were treated as

21 ACTP Labour Hours spreadsheet 22 PROMIS Priority spreadsheet

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© 2005 KPMG, an Australian partnership, is part of the KPMG International network. KPMG International is a Swiss cooperative. All rights reserved. The KPMG logo and name are trademarks of KPMG. ABCD Australian Federal Police and ACT Government Joint Study into ACT Policing June 2005 operational support and their contribution towards the investigation was simply added to that of the TIG; and Where a PROMIS incident type could be investigated/duplicated by a range of portfolios (such as Response Teams/Traffic Operations/SRS/Crime Prevention attending to a Check Welfare) an average was taken between the operational areas and added to the work conducted by operational support areas.

These formulae gave an average estimated time taken by ACTP to complete each particular PROMIS incident type. The spreadsheet was also populated with data from the ACTP Annual Reports, 02/03 and 03/04, indicating the number of PROMIS incidents attended by ACTP.

Work activities and time estimations provided by the focus groups to complete certain PROMIS incident types indicated a number of differences between the portfolios including methodologies employed to complete an investigation and resource implications depending on which portfolio had investigation primacy.

STAGE 2 - What work is done but not recorded within PROMIS and how long does it take to complete that work.

Again, focus groups from each business area were asked to provide activities undertaken by their portfolio and estimate how long each activity, within their portfolio, took to complete. Examples given to provide some guidance to the members included: • How much time is spent conducting liaison with other areas? • How much time is spent by members checking their e-mails? and • How much time is spent answering telephone calls?

Estimates supplied were then converted into a yearly figure spent on an activity within a portfolio and imported into another spreadsheet23. Numbers and bands of members required to complete an activity were ignored. Due to the number of human resources within a portfolio fluctuating throughout the year, the number of resources used to complete an activity varied greatly between the portfolios and the different work conducted across each portfolio.

The qualitative results achieved to this stage were then tested quantitatively. A survey of members was conducted to gather data about the time members take to complete activities within the workplace.

23 NON-PROMIS spreadsheet

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EMPIRICAL TIME SURVEY

Datacol Pty Ltd was engaged to undertake a survey of the activities of members of ACT Policing. Activities and PROMIS incident types were identified from discussions with the focus groups. Three pilot surveys involving small numbers of personnel from each portfolio were conducted to identify and refine the content of a survey diary. The survey diary was designed to achieve: • A high rate of completion; • An accurate rate of completion; • Ease of completion; • A reduction in time required to complete the diaries; and • The protection of the identity of individuals yet identifies the members experience levels.

Datacol indicated that for meaningful analysis to be conducted a survey rate of 60% of members over one week with a return rate of data of 70% would be required. The Workplace Activity Survey was conducted in June and August 2004 with a sample of 490 members resulting in a data return rate of 76%.

The Project Team examined the data obtained from the survey and entered information relating to PROMIS work into the PROMIS spreadsheet and that information relating to Non-PROMIS work into that spreadsheet.

COMPARISON

Not all work types or activities were conducted by ACT Policing during the survey period. As such, where there was sufficient data from the survey a comparison made with the time estimations of the focus groups. Further data relating to such incident types as homicide, major events and VIP tours were gathered from focus groups. The Project Team recognised the time estimations provided by the focus groups generally reflected the results obtained in the survey in the most common activities. There were some inconsistencies relating to: • Interpretation of PROMIS incident types during the survey period; and • Activities performed within a PROMIS incident that should not have been conducted for that incident type such as exhibit/property handling on burglary incident reporting.

A comparison was made across all PROMIS incident types and it was evident that in the main the focus groups had provided sound time estimations of the work undertaken

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© 2005 KPMG, an Australian partnership, is part of the KPMG International network. KPMG International is a Swiss cooperative. All rights reserved. The KPMG logo and name are trademarks of KPMG. ABCD Australian Federal Police and ACT Government Joint Study into ACT Policing June 2005 by ACT Policing. The survey covered all activities, including those not recorded within PROMIS. There were no major incidents during the survey period that would have affected the survey results. As such, it was decided the figures provided for each activity within the survey were generally accurate. Only where there were sufficient numbers of activities covered by the survey were those figures used exclusively.

FINAL ANALYSIS

Finally, the Project Team identified the most appropriate time to be used in any calculations where human resource issues were concerned. The following methodology was used:

Where there was sufficient data identified from the survey those figures were used in human resource calculations. Where insufficient data was obtained from the survey the estimated figures provided by the focus groups were used as the average time taken to complete a PROMIS incident. These figures were then multiplied by the average number of PROMIS incidents (2002/2003 and 2003/2004) and the number of members that would reasonably be committed to respond to and investigate each incident. This resulted in an average annual PROMIS labour hour figure of 940,949 hours.

The non-PROMIS work undertaken by ACT Policing was taken directly from the Workplace Activity Survey. This figure was then converted into a yearly total before being used in overall human resource calculations. The Project Team also identified these figures are indicative only as they do not reflect seasonal variances nor do they contain figures from Communications which was not surveyed. The resultant annual labour hour figure for Non-PROMIS work is 335,591 hours.

As the spreadsheets grew in size a summary of PROMIS work was created within a new spreadsheet24. Within that spreadsheet all PROMIS work was prioritised. Factors such as the Purchase Agreement, threat to person and property, and mention within the ACT Policing Annual Report were taken into consideration when prioritising incidents. Prioritisation was based on the activities that have the greatest impact on the community, ie. offences against the person, then offences against property and then other incidents.

All PROMIS incident types were assigned a priority which ranged from:

24 ACTP Priority spreadsheet

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1 – ACT Policing will respond to these incidents (high impact crimes); 2 – ACT Policing will respond to these incidents (medium impact crimes); 3 – ACT Policing will attend to these incidents where time and resources allow; and 4 – ACT Policing believe these incidents could be better attended by other agencies or should not be undertaken by ACT Policing.

In conjunction with the priority assessment consideration was also given to those activities not performed by other Policing jurisdictions, how activities could be performed differently or more efficiently and legislative changes required to achieve those changes. Supportive forensics activities have also been considered as to how current workloads can be reprioritised and what would not be undertaken if resources are not available.

SUMMARY

When combined to total annual labour hour figure for ACT Policing to complete all work is 1,276,500 hours. When compared to the figure of 1,002,978 hours (provided by ACT Policing People Strategies) available to conduct that work with available resources a shortfall of 273,522 hours was identified. This shortfall equates to 186.4 extra members to complete all work currently undertaken by ACT Policing.

The Project Sponsor and Team are aware that all figures in the Workplace Activity Project are estimations and averages provided by various focus groups and the survey using qualitative and quantitative methodologies. Seasonal factors have not been taken into account although averages for each work type being used against real numbers of jobs undertaken in a financial year provides a realistic picture of annual work. All PROMIS incident types (and some Non-PROMIS) have different resource requirements and implications and the Project Team has accommodated these differences in their calculations wherever possible.

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F. ACT Policing Prioritisation Approach Management Prioritisation of Resource Needs As part of the Joint Study, ACT Policing management was requested to identify areas of activity within the organisation which required additional personnel (as a generally understood surrogate measure for resource levels) to assist in addressing effectiveness issues. This was done across the full spectrum of policing activity in the ACT with resource needs being expressed at the program level, for example additional patrol strength, the need for a call centre, and the creation of a team to implement and run a child sex offender registry in the ACT. In all 12 program areas were identified in this process. This material is contained in the final draft report of the Joint Study on Policing and other documents, and it is not intended to repeat it here. These programs, however, were not prioritised for the Joint Study Group which attempted a limited and tentative process of rationalisation which is not supported by ACT Policing as the suggestions compromise the integrity of already minimalist resource requests for the specified functions to be effectively performed. ACT Policing has subsequently prioritised these programs by transposing each onto the evaluation criteria established by the Joint Study Group and assessing the relative impact of each on the problem issues identifiable from material provided in the course of the Study and summarised in Table 2 (most of this material is, in one form or other, evident in parts of the final draft report). A five point rating scale, from no impact to very high impact was established for the purpose of conducting a management assessment and this scale is shown in the footnotes of Table 3. Table 3 shows the results of this process and summarises the management assessment in terms of the impact of each program on the problem issues associated with each of the Joint Study Group evaluation criteria. A cursory examination of this material reveals significant differences in the assessed impact of each program on the effectiveness issues which impair ACT Policing. It is quickly apparent that certain of the programs have significantly greater scope to eliminate impairments to police effectiveness than others with for example the patrol strength proposal being substantially more important than any of the remaining 11 programs because of the strength and breath of impacts it would deliver. Other programs however such as that involving the Sexual Assault Teams and Child Abuse Teams (SACTAT) attract high ratings against a number of evaluation criteria which are very important in a narrower field and these should not be minimised in more general consideration as this function is facing one of the greatest challenges in the entire organisation. The significance of this information is that it presents a summary of the reasoning applied by ACT Policing management to the allocation of resource priorities.

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Table 3 Impact of Resource Priorities on Police Effectiveness Issues Identified Against Joint Study Group Evaluation Criteria

Resp- Commun Compli- Scaling Crime Clear-up onse -ity Satis- Staff Back- ance (leg Levels Rates Times faction Health logs & other) Increases Patrol 1 1 1 1 1 2 2 92.86 Call Centre 2 3 2 1 1 2 2 78.57 Supervisory Sgts 2 2 2 3 3 2 1 71.43 Child Sex Offender Register 3 1 4 2 3 2 1 67.86 SACAT Team 3 2 4 2 3 2 2 60.71 Source Handlers 3 2 4 3 3 2 2 57.14 E-crime 3 2 4 2 3 2 3 57.14 Tactical Intel 2 2 2 3 3 4 4 53.57 Fraud Team 3 2 4 3 3 2 3 53.57 Coronial Team 3 2 4 3 3 3 3 50.00 Firearms Team 5 4 5 2 3 2 1 46.43 Watch House 5 5 5 2 3 4 1 35.71

1: Very high impact: - very strong and direct impact on widely ranging elements of problem issues associated with specific evaluation criterion. 2: High impact – strong, and direct impact on significant elements of problem issues associated with specific evaluation criterion. 3: Moderate impact – strong and direct bearing on some elements of the problem issues associated with specific evaluation criterion. 4: Low impact – indirect or narrow consequences for elements of problem issues associated with specific evaluation criterion or addresses an emergent problem such a e-crime. 5: No impact – no discernable impact by comparison to the current situation against specific evaluation criterion. The program scores against each of the evaluation criteria have been further reduced to an aggregate score for the purposes of simplifying the overall presentation of police resource priorities. Aggregate scores are derived from an additive index methodology scaled from 0 to 100 and calculated as: As = Σ (Rh - Ra) x 100 (Rh x N) As: Aggregate score Ra: Actual rank value Rh: Highest rank value N: # evaluation criteria

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An advantage of this method is that it not only provides a means of ranking programs but also gives an indication of the differences in magnitude between resource needs and places them into a numerical context relative to one another. This analysis provides a basis for transferring resource priorities onto the workability scale (Figure 1) in a rationale and transparent way. The sequence of priorities is apparent from the aggregate score attained by each program against the collective problems documented across all of the evaluation criteria. A ‘sense check’ against intuitive expectations revealed that the balance of results needed no further examination, however, three were surprising and warranted closer scrutiny.

The first was the lower aggregate scores accorded to problems associated with both the Firearms Registry (large regulatory backlog in relation to weapons in the community) and the City Watch House (risks of death or injury in custody or injury to staff) given the serious nature of compliance issues in these areas. A brief examination of Table 3 reveals that whilst there are serious issues in these areas they are narrowly based and reflect against only a small number of the evaluation criteria. Requirement and workability standard issues were revisited in both of these areas and it was concluded the identified issues needed to be addressed as a priority without changes to requirement or standard in either environment. The solution however was thought to lie in requirement and workability standards in other areas, should these be resourced to an appropriate level, as some patrol station based activities could be conducted from the Watch House and specific firearms compliance matters assigned to patrol personnel on ‘an as time permits basis’. These options cannot be systematically applied in the current environment due to patrol shortages. The second surprising result was the prominence of e-crime as a resource priority. Re- examination of Table 3 and discussion revealed that the stronger than expected performance of this program was due to reasonably high rankings on several criteria underpinned by a knowledge of the threat posed by this new type of offence to not only individuals within the community but also businesses and government in a situation where ACT Policing has no e-crime capacity. As a result of these considerations the ACT Policing Executive accepted the overall ranking in its original numerical order.

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Figure 1 Resource Workability Model for ACT Policing 2005-2007

Government Policy Workability Additional Management Assessment Dimension Scale Resources Program Prioritisation

193.2 7.3 Additional Positions - Support staff to support discretionary resources

185.9 8 Positions - Increase City Watch House personnel to standard required from 2 per shift to 3.

Increasing Increasing 176.9 4 Positions - Expand Firearms management capacity in line with legislation Policy Discretion Effectiveness and reporting requirements.

167.9 9 Positions - Expanded Coronial Team.

158.9 9 Positions - Introduce additional Fraud Capacity

156.9 8 Positions - Tactical intelligence in Police stations.

150 150

148.9 4.4 Additional Positions - Support personnel to support optimal services.

144.5 9 Positions - Create E-Crime Electronic Child Pornography Team.

OptimumRange 132.5 2 Positions - Additional source handlers.

128.5 12 Positions - Expand SACAT to deal with workload issues and effectiveness. 125 125

120.5 19.5 Additional Positions - Support personnel to support essential services.

101 8 Positions - Child Sex Offender Team to support ACT Government Policy Position on ANCOR.

93 4 Positions - Additional Sergeant to each patrol to bring base strength up to

minimum of 5.7 positions for 5 line roster

89 24 Positions - Establish ACT Police Assistance Centre to deal with call back-

Decreasing Decreasing logs (including adding City/Tuggeranong police stations). Policy Discretion Effectiveness

65 65 Positions - Additional patrol to each Police Station with interchangeability

to assist in managing peak period activity.

No Additional Resources = Essential

= Optimal = Desirable

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Program Priority Groupings The next phase of this analysis was to group programs according to whether they were essential (provide for the achievement of basic performance objectives which are not being met or support the achievement of new policy objectives), optimal ( alleviate high pressure on current resources which is compromising performance in the short term with scope for longer term deterioration) or desirable (provide for the achievement of further objectives by not rejecting cases or tasks, or accepting them by diminishing the work of other important programs). The resultant classification of programs has been transferred to the Workability Scale.

The basis for prioritisation is strongly evident in the essential category.

A significant increase in the strength of patrols is identified as the most urgent priority because this offers the most scope to impact across all adverse issues affecting the delivery of police services. The reason for this is that patrol capacity directly or indirectly permeates most elements of policing. The Call Centre priority also attracts a very high rating as it is designed to alleviate bottlenecks for members of the community attempting to contact police where call drop-out rates have been in excess of 30%. The Child Sex Offender Team is rated as essential given the Government’s public commitment to new policy in this area and the increasing scale of complaints in relation to child sex offences. The Patrol Sergeant initiative is also regarded as essential as there are currently insufficient ratios of Sergeants to supervise constables on a shift work basis in police stations across the ACT. The current situation results in ad-hoc acting arrangements which deplete operational personnel which contributes to reduced experience and inconsistency in decision making in these important positions.

The importance of those priorities identified in the optimal range is also clear.

The Sexual Assault and Child Abuse Team (SACAT) priority is designed to alleviate serious stress situations which have developed amongst specialist personnel responsible for the investigation of sexual assaults in the ACT and return clearance rates to the more acceptable levels of previous years. Organised crime has developed significantly in the ACT over the past decade to a point where ACT Policing has insufficient source handlers to penetrate these networks and in fact has deregistered a large number of potentially useful informants over the past year to reduce the risks to source handlers. the emergence of e-crime and international trends in this area will continue with documented potential from the overseas experience to threaten the entire economies of nations, states and territories. The nearest traditional parallel to this offence is fraud,

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© 2005 KPMG, an Australian partnership, is part of the KPMG International network. KPMG International is a Swiss cooperative. All rights reserved. The KPMG logo and name are trademarks of KPMG. ABCD Australian Federal Police and ACT Government Joint Study into ACT Policing June 2005 which continues to be significant (rather than being replaced by e-crime) due to expansion of the ‘white collar’ economy. The specialist nature of investigative work in this field will require the recruitment of appropriate personnel.

The discretionary priorities are regarded as important by ACT Policing and it is thought that whilst certain of these priorities can be deferred, others will require attention in the near future (due to the risks posed to both police and the community) at the cost of effectiveness in other critical areas. The Firearms Registry and Watch House issues fall into these categories and short term action has the potential to reduce staff levels in other areas. The choice however is one of treating the greatest immediate risks before they develop to a point where factors such as backlogs, as in firearms regulation, become self perpetuating to a point where they become a source of even further risks.

The Tactical Intelligence, Fraud and Coronial programs can be deferred to some degree however pressure in these areas is significant. For example, multi- thousand dollar fraud cases are commonly unaccepted by police and complainants are referred to civil litigation for redress with significant distress to victims. Additional coronial work continues to affect ACT Policing particularly with the development and popularisation of new technologies (especially DNA) which create a previously unavailable scope for ‘cold-case’ investigation of murders up to 20-30 years after the event. Tactical intelligence continues to be underdeveloped in ACT Policing with patrols being briefed by personnel who fill such roles in an ad-hoc way due to injury or when resources permit. These personnel are not trained intelligence officers and turn over is high with the result that despite the best efforts of individual officers the quality of this support is less than professional and far below the required standard.

The support elements necessary to maintain operational police personnel are listed within each priority group. These elements are essential to police operations across the broad spectrum. Police officers require a wide range of such services including computer facilities, forensic services, equipment maintenance, pay personnel and welfare support to mention but a few. In the absence of these services operational effectiveness declines and the investment in operational personnel does not deliver appropriate returns.

Confirmatory Analysis of Program Priority Groupings The impact of each priority grouping on effectiveness impairment issues documented against the evaluation criteria can be assessed numerically in the forms set out in Table 4. In basic terms this analysis accounts for the combined impact of the programs with the three groups (essential, optimal and desirable) on the problems associated with each evaluation criterion using both the raw (Rh-Ra) values and the means of those values.

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Table 4 The Impact of Priority Groupings on Effectiveness Impairment

Crime Clear-up Response Community Staff Back- Compliance Totals Levels Rates Times Satisfaction Health (leg&other) logs Essential Group Total score (Ts) 12 13 11 13 12 12 14 87 Mean score (Ms) 3 3.25 2.75 3.25 3 3 3.5 21.75 Optimal Group Total score (Ts) 6 9 3 8 6 9 8 49 Mean score (Ms) 2 3 1 2.6 2 3 2.6 16.2 Desirable Group Total score (Ts) 7 10 5 12 10 10 13 67 Mean score (Ms) 1.4 2 1 2.4 2 2 2.6 13.4 Ts = ∑ (Rh-Ra) ∑: by column within group Maximum value varies based on number of programs in group Minimum value is 0 Ms = ∑ (Rh-Ra) ∑: by column within group n n: number of programs within group Maximum value is 4 Minimum value is 0 Total and mean contributions of each group Gt = ∑ Ts ∑: by row within group Maximum value varies by number of programs in group Minimum value is 0 Gm = ∑ As ∑: by row within group Maximum value is 28 Minimum value is 0

Actual values are not directly comparable between groups due to the different number of programs in each but they do provide an indication on the relative impact of the programs in each. For example the four programs in the essential group have approximately double the impact on crime levels of the program combinations in either of the two lower order groups. At a total impact level it can be seen that the essential group also dramatically outweighs the other levels of program in this analysis.

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The mean scores for each group standardise for the number of programs and are directly comparable across groups. The collective dominance of scores in each successive category over the next lowest group is apparent with the essential category scoring, almost entirely, values of 3 (75%) out of a maximum possible of 4. The aggregate score for the essential category is also very high with a mean total value of 21.75 out of a possible 28. In assessing the importance of the two remaining categories it should be noted that whilst their total aggregate scores are lower than for the essential category, the lowest possible value is true zero and the optional group alone scores better than 50% of the maximum possible.

This pattern strongly supports the qualitative management assessment of priority groupings for police resource needs in the ACT.

Overview As can be seen from the resource prioritisation summary, ACT Policing does not have the capability to work in a number of areas and capacities in others are substandard. The Resource Workability Model disaggregates the resource needs of ACT Policing into priorities which can be used to inform Government policy making in relation to more and less urgent needs. Those identified as essential require urgent attention to assist in reaching an optimal level of service delivery which can then be readily enhanced by Government in a discretionary way. The difficulty with not addressing these problems is that the gulf in service standards continues to grow. By way of illustration the per capita personnel gap between the ACT and the Australian average has expanded again this year from the 120 personnel of two years ago to 138. As a result, further delays in policy action will be substantially more disruptive from a global budget position when theses problems are finally addressed as their collective magnitude will be even greater than is currently the case and the resource implications much larger at that time.

Recommendations Government address essential resource priorities of ACT Policing over a three year period; Government consider optimisation of ACT Policing by implementing Watch House and Firearms priorities over the same period; and Government enter into discussions with the Chief Police Officer for the ACT in relation to the balance of policing priorities described as optional to determine their place in the overall policy framework for the ACT.

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G. Model Notes

National Comparator Model

Indicator Comment

Population Source: ABS estimates for December 2002

FTEs Source: Report on Government Services 2004

Recorded victims person crimes Source: Recorded Crime – Victims (4510.0) (2003)

Recorded victims property crime Source: Recorded Crime – Victims (4510.0) (2003)

Recorded offences against the Source: 2003/04 Annual Reports person (2003/04)

Recorded offences against Source: 2003/04 Annual Reports property (2003/04)

Offences against the person Source: 2003/04 Annual Reports cleared (2003/04)

Offences against property Source: 2003/04 Annual Reports cleared (2003/04)

FTEs per 100,000 population Recalculated based on 'new ACT' FTEs (2002/03) [ROGS]

Real recurrent expenditure per ACT & National average recalculated based on adjusted capita (ROGS) ACT FTEs (based on 03/04 average of $107,884 per FTE)

Real recurrent expenditure per Unchanged at 03/04 average of $107,884 FTE (ROGS)

Recorded victims person crimes ACT & National average recalculated including adjusted per FTE (2003) ACT FTEs

Recorded victims property ACT & National average recalculated including adjusted crimes per FTE (2003) ACT FTEs

Recorded offences against ACT & National average recalculated including adjusted person per FTE (03/04) ACT FTEs

Recorded offences against ACT & National average recalculated including adjusted property per FTE (03/04) ACT FTEs

Offences against the person Logarithmic increase to 100% with increasing police FTEs cleared (03/04)

197

Indicator Comment

Offences against property Logarithmic increase to 100% with increasing police FTEs cleared (03/04)

Satisfied with services provided Logarithmic increase to 100% with increasing police FTEs by police (2003/04)

Satisfied with police (contact last Logarithmic increase to 100% with increasing police FTEs 12 months) 2003/04

Dissatisfied with service Logarithmic decrease to 0% with increasing police FTEs provided by police (03/04)

Dissatisfied with police (contact Logarithmic decrease to 0% with increasing police FTEs last 12 months) 2003/04

Feel safe at home during day Logarithmic increase to 100% with increasing police FTEs (03/04)

Feel safe at home after dark Logarithmic increase to 100% with increasing police FTEs (03/04)

Feel safe jogging / walking Logarithmic increase to 100% with increasing police FTEs during day (03/04)

Feel safe jogging / walking after Logarithmic increase to 100% with increasing police FTEs dark (03/04)

Squares of deviations of from Sum of the squares of the percentage differences from national average national average are minimised by adjusting ACT FTEs

Notes: 1 NSW recorded offences and offences cleared are not reported in Annual Reports. NSW Bureau of Crime Statistics and Research (BOCSAR) report selected offences. Further study into NSW statistics would be required to identify whether the offences reported are comparable and able to be incorporated into the National Comparator Model. 2 For indicators which are recorded as percentages, it is assumed at incremental improvements become increasingly difficult towards 100%. The formula used to model this assumption is:

Adjusted Indicator = (1 – Actual Indicator / Adjusted Indicator) x (1 – Actual Indicator)

198

Relative Input Efficiency Model

The measure of relative input efficiency is given by the following program:

Where

is the vector of inputs into jurisdiction i

is vector of outputs from jurisdiction i

is vector of inputs into ACT Policing

is the vector of outputs from ACT Policing

is the weight given to jurisdiction i in its efforts to improve jurisdiction 0 is the relative efficiency of jurisdiction 0 i = 1 to 8 (representing NSW, Vic, Qld, WA,SA, Tas, NT, ACT) Notes 1 The optimal cannot exceed 1.0.

2 A jurisdiction is rated as fully (or 100%) relatively input efficient on the basis of available evidence if and only if the performances of other jurisdictions does not show that some of its inputs can be improved without worsening some of its outputs25.

25 Adapted from Charnes, A., W.W. Cooper, and E. Rhodes, 1978, Measuring the efficiency of decision making units, European Journal of Operational Research 2, 429-444

199

H. Performance Tables and Graphs

Crime Statistics Two different measures of crime are reported in this appendix: • Recorded offences – PROMIS data as reported in ACT Policing Annual Reports; and • Recorded crime (Victims) as reported annually by the ABS (4510.0).

Recorded offences

Figure 60: Recorded offences in the ACT26

26 PROMIS data as reported in ACT Policing Annual Reports

200

Figure 61: Total recorded offences in the ACT

60,000

50,000

40,000

30,000

Reported offences offences Reported 20,000

10,000

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

Figure 62: Recorded assault offences in the ACT

3,000

2,500

2,000

1,500

Reported offences 1,000

500

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

201

Figure 63: Recorded sexual assault offences in the ACT

600

500

400

300

Reported offences 200

100

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

Figure 64: Recorded offences against the person in the ACT

4,000

3,500

3,000

2,500

2,000

1,500 Reported offences

1,000

500

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

202

Figure 65: Recorded robbery and extortion offences in the ACT

350

300

250

200

150 Reported offences 100

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

Figure 66: Recorded burglary offences in the ACT

10,000

9,000

8,000

7,000

6,000

5,000

4,000 Reported offences offences Reported 3,000

2,000

1,000

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

203

Figure 67: Recorded fraud and misappropriation offences in the ACT

2,500

2,000

1,500

1,000 Reported offences

500

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

Figure 68: Recorded theft or illegal use of vehicle offences in the ACT

5,000

4,500

4,000

3,500

3,000

2,500

2,000 Reported offences 1,500

1,000

500

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

204

Figure 69: Recorded other theft offences in the ACT

20,000

18,000

16,000

14,000

12,000

10,000

8,000 Reported offences 6,000

4,000

2,000

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

Figure 70: Recorded burglary, fraud and other offences of theft in the ACT

40,000

35,000

30,000

25,000

20,000

15,000 Reported offences

10,000

5,000

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

205

Figure 71: Recorded property damage and environmental theft offences

12,000

10,000

8,000

6,000

Reported offences 4,000

2,000

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 Source: PROMIS data as reported in ACT Policing Annual Reports

Figure 72: Recorded offences against good order in the ACT

5,000

4,500

4,000

3,500

3,000

2,500

2,000

Recorded offences Recorded offences 1,500

1,000

500

0 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Source: PROMIS data as reported in ACT Policing Annual Reports

206

Recorded crime – Victims

These statistics provide indicators of the level and nature of recorded crime victimisation in Australia, and give a basis for measuring change over time. ACT Policing advises that the published data should be treated with some caution however, as PROMIS only allows ACT Policing to capture one victim for each offence.

Figure 73: Victims of recorded crime (ACT and the national average)27

27 ABS Recorded Crime – Victims 4510.0

207

Figure 74: Recorded victims of homicide and related offences (ACT and the national average)

6.0

5.0

4.0

3.0

2.0 Recorded victims per 100,000 1.0

0.0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 1.7 1.7 1.6 1.3 1.9 0.0 1.6 1.0 0.0 1.6 2.5 Aust 5.2 4.8 5.4 5.6 0 5.3 5.1 5.3 5.55.0 4.7

Source: ABS Recorded Crime - Victims 4510.0

Figure 75: Recorded victims of robbery offences (ACT and the national average)

160.0

140.0

120.0

100.0

80.0

60.0

Recorded victims per 100,000 40.0

20.0

0.0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 38.4 43.1 52.5 66.8 74.7 94.8 101.2 98.4 79.9 65.6 62.0 Aust 72.3 78.2 80.6 89.4 115.1 127.1 119.4 121.8 137.0 106.9 99.2

Source: ABS Recorded Crime - Victims 4510.0

208

Figure 76: Recorded victims of Assault offences (ACT and the national average)

900.0

800.0

700.0

600.0

500.0

400.0

300.0 Recorded victims per 100,000 200.0

100.0

0.0 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 455.7 585.2 548.4 541.1 545.1 560.1 612.2 618.3 615.2 Aust 562.9 623.5 672.2 699.0 709.2 724.2 784.5 815.3 798.0

Source: ABS Recorded Crime - Victims 4510.0

Figure 77: Recorded victims of sexual assault offences (ACT and the national average)

100.0

90.0

80.0

70.0

60.0

50.0

40.0

30.0 Recorded victims per 100,000 20.0

10.0

0.0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 27.1 32.8 24.6 37.6 35.7 27.9 30.4 37.3 56.1 57.5 39.3 Aust 69 71.3 72.5 79.4 77.5 76.6 74.5 82.3 87.1 91.5 91.7

Source: ABS Recorded Crime - Victims 4510.0

209

Figure 78: Recorded UEWI victims (ACT and the national average)

3000.0

2500.0

2000.0

1500.0

1000.0 Recorded victims per 100,000 500.0

0.0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 1904.4 1657.5 1598.7 1461.5 1425.9 1815.2 2366.0 2452.8 1857.4 1903.5 1638.2 Aust 2161 2125.9 2131.7 2196.2 2276.2 2319.5 2195.7 2281.4 2244.9 2007.9 1777.9

Source: ABS Recorded crime victims 4510.0

Figure 79: Recorded victims of stolen motor vehicle offences (ACT and the national average)

1200.0

1000.0

800.0

600.0

400.0 Recorded victims per 100,000

200.0

0.0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 560.6 532.7 510.8 509.0 508.8 787.8 1057.2 904.8 746.3 639.8 789.8 Aust 636.6 669.2 703.4 671.4 702.7 702.7 684.2 725.2 720.7 577.8 497.1

Source: ABS REcorded Crime - Victims 4510.0

210

Figure 80: Recorded victims of other theft offences

4000.0

3500.0

3000.0

2500.0

2000.0

1500.0

Recorded victims per 100,000 1000.0

500.0

0.0 1995 1996 1997 1998 1999 2000 2001 2002 2003 ACT 3385.8 3376.5 3028.5 3460.7 3745.0 3768.9 3169.9 3173.4 3366.9 Aust 2714.7 2850.0 2866.4 3008.9 3235.2 3556.8 3607.0 3466.7 3214.3

Source: ABS Recorded Crime - Victims 4510.0

211

Staffing of policing services

Figure 81: Total staff in the ACT

900

800

700

600

500

400 Total staff staff Total

300

200

100

0 00/01 01/02 02/03 03/04 Total staff 776 781 799 809

Source: Productivity Commission 2005 Report on Government Services

Figure 82: Sworn and unsworn staff in the ACT

900

800

700

600

500

400

Staff numbers numbers Staff 300

200

100

0 00/01 01/02 02/03 03/04 Unsworn staff 185 197 205 191 Sworn staff 591 584 594 618

Source: Productivity Commission 2005 Report on Government Services

212

Figure 83: Total staff per 100,000 population (ACT and the national average)

350

300

250

200

150

100 Staff per 100,000 of population population of 100,000 per Staff

0 00/01 01/02 02/03 03/04 ACT 246 245 248 251 Aust 271 283 285 289

Source: Productivity Commission 2005 Report on Government Services

Figure 84: ACT Policing staff experience levels

70%

60%

50%

40%

30%

20%

10%

0% 0 01-05 06-10 11-15 16-20 21-25 26+ 2002 12% 37% 4% 14% 12% 11% 9% 2003 0% 61% 5% 6% 10% 9% 9% 2004 3% 58% 6% 6% 9% 10% 7%

Source: Report is based on ACT Policing EIS Pay downloads 26 for each financial year

213

Community Satisfaction Community satisfaction data is reported by the Productivity Commission but due to a change in methodology and service provider (from ABS to AC Nielsen), survey results prior to July 2001 are not directly comparable to more recent results. To compare methodologies, the ABS surveyed 3000 households across Australia via face-to-face interviews conducted by an agency with coercive legislative powers to require selected people of eligible age to participate, while AC Nielsen surveys 23,000 households via voluntary telephone interviews.

Figure 85: Community satisfaction data (ACT and the national average)28

Community satisfaction 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 General satisfaction with services provided by police Total satisfied ACT 67.2 66.1 63.6 64.1 64.6 68.3 71.5 70.6 Aust 70.1 69.4 65.5 65.6 67.2 69.9 72.7 71.8 Total dissatisfied ACT 6.5 7.5 10.9 14 11.6 6.9 5.9 6.3 Aust 8.8 8.5 14.2 13.8 12.9 8.4 6.2 6.3 Satisfaction - contact in last 12 mths Total satisfied ACT 78.2 77.1 81.3 81.7 76.5 78.6 75.3 76 Aust 79.5 79.7 79.9 81.5 79.5 80.2 81.5 80.4 Total dissatisfied ACT 11 10.1 11.5 10.5 14.9 13.3 14.5 15.3 Aust 12.5 7.8 12.6 11.3 13.7 14 11.8 11.8 Agree - perform their job professionally Total agree ACT 73.3 72.9 78.2 79.2 85.3 81.7 82.7 80.4 Aust 71.8 72.5 75.3 79.5 79.7 77.6 81.2 79.4 Total disagree ACT 5.8 6.8 5.8 6.9 4.5 5.5 4.7 5.5 Aust 8.3 8.1 8.1 7.4 7.6 8.2 6.8 6.5 Agree - confidence in police Total agree ACT na 77 78.4 81.7 84.9 81.8 83.2 80.9 Aust na 75 78.4 82.1 82.3 81.3 82.6 81 Satisfaction - dealing with public order problems Total agree ACT 50 50 48 51 na 55.2 53.3 48.9 Aust 52 52 53 54 na 51.5 53.5 51.8 Satisfaction - support for community programs Total agree ACT 68 65 67 70 na 66 64.9 60 Aust 71 71 73 71 na 71.4 70.8 70.2

28 AC Nielsen and ABS data as reported by Productivity Commission (Report on Government Services)

214

Figure 86: General satisfaction with policing services (2001/02 to 2003/04)

80.0

70.0

60.0

50.0

40.0

30.0

20.0

% satisfied or very satisfied satisfied very or satisfied % 10.0

0.0 01/02 02/03 03/04 ACT 68.3 71.5 70.6 Aust 69.9 72.7 71.8

Source: Australasian Centre for Policing Research: National survey of community satisfaction with Policing (AC Nielsen)

Figure 87: General satisfaction with policing services (1996/97 to 2000/01)

80.0

70.0

60.0

50.0

40.0

30.0

20.0 % satisfied or very satisfied satisfied very or satisfied % 10.0

0.0 96/97 97/98 98/99 99/00 00/01 ACT 67.2 66.1 63.6 64.1 64.6 Aust 70.1 69.4 65.5 65.6 67.2

Source: ABS (Population Survey Monitor 4103.0)

215

Figure 88: General dissatisfaction with policing services (2001/02 to 2003/04)

9.0

8.0

7.0

6.0

5.0

4.0

% dissatisfied dissatisfied % 3.0

2.0

1.0

0.0 01/02 02/03 03/04 ACT 6.9 5.9 6.3 Aust 8.4 6.2 6.3

Source: Australiasion Centre for Policing Research: National surveyof community satisfaction with Policing (AC Nielsen)

Figure 89: General dissatisfaction with policing services (1996/97 to 2000/01)

16.0

14.0

12.0

10.0

8.0

6.0 % dissatisfied dissatisfied %

4.0

2.0

0.0 96/97 97/98 98/99 99/00 00/01 ACT 11 10.1 11.5 10.5 14.9 Aust 12.5 7.8 12.6 11.3 13.7

Source ABS (Population Survey Monitor 4103.0)

216

Figure 90: General satisfaction with policing services (contact during last 12 months) 2001/02 to 2002/03

90.0

80.0

70.0

60.0

50.0

40.0

30.0

20.0 % satisfied or very satisfied or satisfied very satisfied % 10.0

0.0 01/02 02/03 03/04 ACT 78.6 75.3 76 Aust 80.2 81.5 80.4

Source: Australasian Centre for Policing Research: National survey of community satisfaction with Policing (AC Nielsen)

Figure 91: General satisfaction with policing services (contact during last 12 months) 1996/97 to 2000/01

90.0

80.0

70.0

60.0

50.0

40.0 % satisfied satisfied % 30.0

20.0

10.0

0.0 96/97 97/98 98/99 99/00 00/01 ACT 78.2 77.1 81.3 81.7 76.5 Aust 79.5 79.7 79.9 81.5 79.5

Source ABS (Population Survey Monitor 4103.0)

217

Figure 92: Percentage who agree police perform their job professionally

90.0

80.0

70.0

60.0

50.0

40.0 % agree

30.0

20.0

10.0

0.0 01/02 02/03 03/04 ACT 81.7 82.7 80.4 Aust 77.6 81.2 79.4

Source: Australiasion Centre for Policing Research: National survey of community satisfaction with Policing (AC Nielsen)

Figure 93: Percentage satisfied how police deal with public order problems

60.0

50.0

40.0

30.0

20.0 % satisfied or very satisfied 10.0

0.0 01/02 02/03 03/04 ACT 55.2 53.3 48.9 Aust 51.5 53.5 51.8 Source: Australiasion Centre for Policing Research: National survey of community satisfaction with Policing (AC Nielsen)

218

Figure 94: Percentage satisfied with police support for community programs

80.0

70.0

60.0

50.0

40.0

30.0

20.0 % satisfied or very satisfied satisfied very or satisfied %

10.0

0.0 01/02 02/03 03/04 ACT 66 64.9 60 Aust 71.4 70.8 70.2 Source: Australiasion Centre for Policing Research: National survey of community satisfaction with Policing (AC Nielsen)

219

Financial data

Figure 95: Real expenditure (less revenue from own sources and payroll tax, 2003/04 dollars)

$100,000,000

$90,000,000

$80,000,000

$70,000,000

$60,000,000

$ $50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$- 2000/01 2001/02 2002/03 2003/04 SFN component $10,330,000 $10,730,000 $11,060,000 $10,900,000 ACT component $68,544,000 $67,038,000 $73,024,000 $76,378,000

Source: Productivity Commission Report on Government Services 2005 and ACT Government Budget Papers

220

Figure 96: Real expenditure per capita (less revenue from own sources and payroll tax, 2003/04 dollars)29

Figure 97: Real expenditure per FTE (less revenue from own sources and payroll tax, 2003/04 dollars)30

29 Productivity Commission, Report on Government Services 2005 30 Productivity Commission, Report on Government Services 2005

221

Clearance Rates Clearance rate data was obtained from three sources:

• PROMIS data as reported in ACT Policing Annual Reports;

• Clearance rate data reported in the Annual Reports of other jurisdictions; and

• Reported offences cleared within 30 days as reported by the ABS (Recorded Crime – Victims 4510.0).

PROMIS data

Figure 98: Percentage of offences cleared in the ACT

222

Figure 99: Percentage of offences cleared in the ACT

100.0%

90.0%

80.0%

70.0%

60.0%

50.0%

40.0%

30.0% % offences cleared cleared offences %

20.0%

10.0%

0.0% 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04

Offences against the person Robbery and extortion Burglary, fraud and other offences of theft Property damage and environmental offences Offences against good order Total Offences

Source: PROMIS data as reported in ACT Policing Annual Reports

Annual report data

Figure 100: Comparative clearance rates (2003/04)

100.0%

90.0%

80.0%

70.0%

60.0%

50.0%

40.0%

30.0%

20.0%

10.0%

0.0% VIC QLD WA SA TAS NT ACT

Source: 2003/04 Annual Reports offences against the person offences against property Note: These figures should be used for indicative purposes only. Data for NSW is not available due to the fact they do not publish clearance rates in their annual reports in a comparable format

223

Australian Bureau of Statistics data

Figure 101: Armed robbery offences cleared within 30 days by offender proceeded against

40 NSW VIC QLD SA 30 WA

% cleared % cleared Tas NT 20 ACT

0 1996 (Jul-Oct) 1997 1998 1999 2000 2001 2002 2003

Source: A BS Cat No. 4510.0 Recorded Crime - V ic tims , A us tralia Year

Figure 102: Unarmed robbery offences cleared within 30 days by offender proceeded against

35 NSW VIC 30 QLD SA 25 WA

% cleared % cleared Tas 20 NT ACT 15

0 1996 (Jul-Oct) 1997 1998 1999 2000 2001 2002 2003

Source: ABS Cat No. 4510.0 Recorded Crime - Victims, Australia Year

224

Figure 103: UEWI property offences cleared in 30 days by offender proceeded against

12 NSW 10 VIC QLD SA 8 WA

% cleared % cleared Tas 6 NT ACT 4

0 1996 (Jul-Oct) 1997 1998 1999 2000 2001 2002 2003 Year Source: ABS Cat No. 4510.0 Recorded Crime - Victims, Australia

Figure 104: UEWI other offences cleared in 30 days by offender proceeded against

NSW 12 VIC QLD 10 SA WA 8 % cleared % cleared Tas NT 6 ACT

0 1996 (Jul-Oct) 1997 1998 1999 2000 2001 2002 2003

Source: ABS Cat No. 4510.0 Recorded Crime - Victims, Australia Year

225

Figure 105: Sexual assault offences cleared in 30 days by offender proceeded against

NSW 40 VIC QLD SA 30 WA

% cleared % cleared Tas NT 20 ACT

0 1996 (Jul-Oct) 1997 1998 1999 2000 2001 2002 2003

Source: ABS Cat No. 4510.0 Recorded Crime - Victims, Australia Year

Figure 106: assault offences cleared in 30 days by offender proceeded against

60 NSW VIC 50 QLD SA 40 WA

% cleared % cleared Tas 30 NT ACT 20

0 1996 (Jul-Oct) 1997 1998 1999 2000 2001 2002 2003

Source: ABS Cat No. 4510.0 Recorded Crime - Victims, Australia Year

226

Figure 107: Motor vehicle theft offences cleared in 30 days by offender proceeded against

16 NSW 14 VIC 12 QLD SA 10 WA

% cleared % cleared 8 Tas

6 NT ACT 4

0 1996 (Jul-Oct) 1997 1998 1999 2000 2001 2002 2003

Source: ABS Cat No. 4510.0 Recorded Crime - Victims, Australia Year

Figure 108: Other theft offences cleared in 30 days by offender proceeded against

NSW VIC 15 QLD SA WA

% cleared cleared % Tas 10 NT ACT

0 1996 (Jul-Oct) 1997 1998 1999 2000 2001 2002 2003

Source: ABS Cat No. 4510.0 Recorded Crime - Victims, Australia Year

227

Other performance information

Non-compliance with legislation

Figure 109: Legislative requirements not complied with by ACT Policing31 Business unit Legislative requirement Comment TIG Final Effectiveness The Final Effectiveness Reviews in respect to TI's Reports provide - information necessary for Statutory Procedures in

reporting obligations to the The TI Act sections 94(2) Attorney General. for 45 & 46 warrants, 94B They contain a variety of for 45A & 46A and the information which Customs Act for LD determines how files are to be dealt with by the Evidence and Records Management team. The persistent Problems are: Non Compliance - They are subject to inspection by the Ombudsman’s Office. Time saving measures such as cutting and pasting from previous reports, removing headings and providing limited information in many instances make the report incorrect. TIG Return of exhibits ACTP are not complying with return dates for matters finalised at Court / not proceeding. Traffic Operations Australian Road Rules People must report a collision within 24 hrs. Most do, however a lot do not and no follow up by Police is undertaken.

31 This table was provided to the JSG by ACT Policing

228

Business unit Legislative requirement Comment Also in almost every collision an offence has occurred, currently we take over 12,000 front office collision reports and very few are investigated as we do not do not have the resources - the only recourse for members of the community is to take civil action OMIS / TIG DNA issue needs Taking samples of addressing suspects who are charged with Serious Offences needs to occur. If this were the case, we would be able to halt the growing back-capture list for DNA. Another area that we have not been able to address is the back-capture program for DNA due to the legislative constraints, but more recently due to staffing shortages and other priorities. TIG Child Protection Registry. Legislation is being proposed that we definitely cannot implement in ACTP without additional people TIG Computer Forensics - Due to staff shortages Section 197 - 204 of the we in most instances do Crimes Act 1900 not comply with these sections. This relates to amongst other things the return within 24hrs of a computer seised after the execution of a search warrant. This would primarily be for matters other than child pornography ie.: where an examination is required to establish that the computer contains

229

Business unit Legislative requirement Comment evidence of an offence TIG Part 1C Members often do not get transcripts to person/s within 7 days as required - due to workload TIG Crime Forensic Investigators are not Procedures Act complying with the current legislative requirements

for a volunteer. This is of significance for SACAT and Response Crime. SACAT with Sexual Assault Investigation Kits (SAIKs) and Response Crime when recording injuries to a victim, witness, etc. In order to comply with the Act the impost upon members would prohibit the examinations occurring - in the case of SAIKS - there would issues around privacy, additional to resource implications TIG National protocol The ViClass system is regarding the completion currently being of ViClass forms (for all coordinated by the ACC. victims of violent and/or ACTP have not completed sexual offences. ViClass forms for the past 12 months (or more) due to resource constraints - therefore we cannot match MO's across jurisdictions for violent offenders / major offences. Prosecution and Judicial Section 21(3) (c) of the Due to other operational Support Firearms Act 1996 require requirements this has not the Registrar to be been fully complied with. satisfied that the relevant At present storage safety and storage inspections have been requirements are being conducted on the Security met by applicants. Industry and Dealers. A random inspection of

230

Business unit Legislative requirement Comment general licence holders has not been conducted since an ACT Government Audit in April 2003. Prosecution and Judicial Section 16 (1) of the For the period 2003/2004, Support Firearms Act 1996 relates 1306 licences have been to the unauthorised issued, 33 of which have possession of firearms expired for the same and/or the prohibited use period. However, a report of firearms. of expired ACT firearms licences indicates there are possibly 2135 expired licenses within the ACT. Currently no such investigation is being conducted by F.R.O.S.T, as each license holder will have to be contacted to establish the current status of their licence. Also involved with this process is the seizure of any firearms in possession of expired licence holders Prosecution and Judicial Under Section 69 (1) of There are approx 1500 Support the Firearms Act 1996 returns awaiting data quarterly returns are input. Dealer’s returns are submitted by Firearms of high importance in Dealers in the ACT. On relation to firearm receipt of these transfers, trafficking, and transactions F.R.O.S.T is other illegal activities eg: required to then enter all firearm theft. firearm details on the Firearms Production of PROMIS for each dealer. Prosecution and Judicial Section 99 (1) of the For the period 2003/2004 Support Protections Orders Act a total of 10149 2001 re serving summons orders/summons were received. Given the F.R.O.S.T current staffing levels only 84% of orders have been served. Prosecution and Judicial Section 4 of the Victims of This section deals with the Support Crime Act 1994 governing principles relating to the treatment of

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Business unit Legislative requirement Comment victims of crime. Lack of ACTP resources has made complying with, in particular, sect 4b problematic. ie. a victim should be told at reasonable intervals (generally not more than 1 month) of the progress of police investigations about the relevant offence, except if the disclosure might jeopardise the investigation, and, in that case, the victim should be told accordingly. This supports the opinion of the VoC Coord. Prosecution and Judicial Due process obligation to This is not being Support the Court to serve discharged in a sustained Commitment Warrants manner with a legacy and Apprehension backlog of warrant matters Warrants being accumulated in the Warrant Registry. Some of these matters relate to the non payment of interstate traffic fines and amount to a debt collection activity rather than providing a police service to the ACT.

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Mental stress

Figure 110: Time lost to mental stress as a percentage of total time lost

70%

60%

50%

40%

30%

20%

10%

0% 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 ACT AFP Source: Comcare data

Response performance

Figure 111: ACT Policing response time targets and average response times32

Priority Response Targets (Tier 1 and 2003/04 Result Average Level Tier 2) Response Time Priority One 8 mins 60% 65% 7 mins 12 secs 12 mins 90% 88% Priority Two 20 mins 60% 74% 20 mins 20 secs 30 mins 95% 85% Priority Three 2 hours 60% 85% 1 hour 8 mins 3 hours 95% 91% Priority Four 24 hours 95% 92% 6 hours 33 mins 16 secs

32 Source: 2003/04 ACT Policing Annual Report

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Figure 112: ACT Policing performance against response time targets

100% 9% 8% 12% 15% 90%

80%

70%

60%

50%

40%

30%

20%

10%

0% Priority 1 Priority 2 Priority 3 Priority 4

Tier 1 Tier 2 Unacceptable

Source: ACT Policing 2003/04 Annual Report

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