ANNUAL REPORT 2006–07
GPO Box 4637 Melbourne Victoria 3001 Australia DX 144 Melbourne, Vic
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Telephone +61 3 8619 8619 Facsimile +61 3 8619 8600 1300 666 555 (within Victoria) TTY 1300 666 557 [email protected] www.lawreform.vic.gov.au ContentsCONTENTS
1 Highlights of the Year
2 Chairperson’s Report
4 Commissioners
6 Chief Executive Officer’s Report
8 Organisational Chart
10 Our Approach
12 References – Bail
14 References – Surveillance in Public Places
16 References – Assisted Reproductive Technology & Adoption Credits Design by: GH2 Design, 0409 380199 18 References – Civil Justice Photos: Peter Glenane,
Ordered to be printed Victorian Government Printer October 2007 No 33 Session 2006?07
ISBN 978 0 9758465 6 8 HighlightsHIGHLIGHTS OF of THE the YEAR year
> Completion of the Assisted Reproductive Technology & Adoption Final Report, which recommended removal of barriers to access, recognition of same-sex parents and a legal framework to govern surrogacy arrangements.
> Civil Justice Consultation Paper released and extensive consultation with the profession undertaken to develop recommendations for the report due next year.
> New Chairperson Professor Neil Rees took up his role at the end of the year.
> Numerous roundtable consultations held with a wide range of users of surveillance in public places in preparation for a consultation paper to be released next07 year. > Development of final recommendations in the Review of the Bail Act project, with a final report to be given to the Attorney-General next year.
> Revamp of the commission’s website undertaken ready for launch of a new site next year.
> The government banned surveillance in workplace toilets and change- rooms as a result of the commission’s Workplace Privacy Final Report, and introduced the second bill to implement recommendations from the Sexual Offences Final Report.
Chairperson’sCHAIRPERSON’S REPORT Report Professor Neil Rees
The Victorian Law Reform Commission has experienced substantial change and activity over the past 12 months with the appointment of two new full-time commissioners, the commencement of a reference which may extend over a number of years, and the tabling in parliament of a report which was the final product of many years work.
The Contribution of with law reform recommendations Justice Neave which are balanced and capable of implementation. It has been a privilege The first Chairperson of the commission, to join an organisation which, since Justice Marcia Neave AO, together with its establishment in 2001, has quickly the commissioners and staff, built an gained widespread support for both organisation which, in her own words, the processes it has adopted to assist it has become ‘an established feature of in the challenging task of formulating the legal landscape’. The commission law reform proposals and for the is known for its intellectual rigour, its quality of its final recommendations to commitment to consultation with people government. who are interested in its references, and for its capacity to provide government
VLRC ANNUAL REPORT 2006–07 Reports to Parliament Civil Justice Reference the part-time commissioners is one of the great strengths of the organisation A highlight of the past year was the Work on the Civil Justice reference and I take this opportunity to thank tabling in parliament of the report titled commenced in September 2006 with them publicly for their work. Assisted Reproductive Technology & the arrival of Dr Peter Cashman as full- Adoption. The report, which contained time commissioner in charge of that The commission is an attractive, but 130 recommendations for reform, was reference. A Consultation Paper published exacting, workplace because the issues the final product of a reference that in October 2006 generated a large which we examine are invariably complex lasted four years and which required number of submissions. Dr Cashman and and challenging. The policy and research the commission to consider a range of the team working on the Civil Justice officers require and demonstrate first-rate complex social, ethical and legal issues reference are well advanced in the task research and writing skills. I congratulate concerning assisted reproduction and of identifying aspects of the civil justice them on the quality of what they do. adoption. The consultation process was system which merit close attention and, Communication is also a vital part of the extensive. During the course of the perhaps, comprehensive reform. Their commission’s work. Our communications reference the commission published energy and commitment to the task officers undertake a variety of tasks a consultation paper, three occasional have resulted in this reference generating ranging from liaison with the media papers and three position papers. significant community interest. to editing all of the commission’s The commission received over 1000 publications in a highly professional It is anticipated that this will be a two- submissions in response to these manner. Our administrative staff members stage reference with an interim, or stage publications and it also engaged in also make important contributions to one, report published during the next numerous roundtable and individual daily working life at the commission and financial year. consultations. The final report, which to our publications, which are often many was tabled in parliament on 7 June Other References months, or years, in the making. 2007, was greatly enhanced by this broad community participation. The commission’s reference on The Year Ahead the reform of bail laws is nearing I have come to the position of Acting Chairs completion. It is anticipated that the final Chairperson of the commission after a report will be delivered to the Attorney- The commission had acting chairs long absence from Victoria. In the early General in August 2007. This has been throughout most of the past year. The 1990s, after a term as the first President a lengthy and complex reference which Chief Executive Officer, Ms Padma of the Mental Health Review Board, I left will be the subject of more detailed Raman, acted as the Chairperson of Melbourne to establish a new law school reporting in our next Annual Report. the commission from 1 July 2006 until at the University of Newcastle. Much has 17 October 2006, when she took Work on the second stage of the Privacy changed in the Victorian legal landscape maternity leave. Dr Iain Ross, a former reference, which concerns surveillance during my 16 year absence. Vice-President of the Australian Industrial in public places, is well underway. The I sense an enthusiastic desire among many Relations Commission and now a commission’s report on the first stage lawyers to continue the never-ending task partner at the law firm Corrs Chambers of this reference, Workplace Privacy: of improving our laws and legal processes. Westgarth, was Acting Chairperson Final Report, was tabled in parliament The community legal centre sector, in from 18 October 2006 until 1 June 2007 in late 2005. Extensive consultation and particular, has grown substantially in when my appointment commenced. research has taken place in relation to both size and in uence over the past two surveillance in public places and the I wish to thank both Ms Raman and Dr decades. It has the capacity to generate commission anticipates publication of a Ross for the contributions they made proposals for reform which translate into consultation paper in early 2008. to the commission in the capacity of references for the commission. Acting Chairperson. Dr Ross devoted a Commissioners and Staff I look forward to the opportunity to substantial amount of time and energy work with the entire Victorian legal to the Assisted Reproductive Technology We are fortunate to have six part-time profession and the broader community & Adoption reference, particularly in commissioners who manage to find in the task of developing law reform providing key stakeholders and the the time in their busy lives to make proposals. media with comprehensive briefings exceptional contributions to the work about the contents of the Final Report. of the commission in activities ranging from chairing roundtable discussions, signature to come to reading extensive amounts of background material and actively Professor Neil Rees participating in the formulation of Chairperson detailed law reform proposals. The combined experience and judgment of
CommissionersCOMMISSIONERS
The Victorian Law Reform Commission A. Paris Aristotle has eight commissioners: two full-time B. Peter Cashman and six part-time commissioners, with C. Jennifer Coate a full-time chairperson at the helm. D. Felicity Hampel E. David Harper In September 2006 Dr Peter F. Sam Ricketson Cashman began work as the full-time G. Neil Rees commissioner overseeing the Civil A. B. H. Iain Ross Justice review.
The Attorney-General announced in February 2007 that Professor Neil Rees would replace Justice Marcia Neave as the full-time chairperson of the commission, and he took up the role on 1 June 2007. C. D. E. The acting chairperson’s role was filled by CEO Padma Raman and part-time commissioner Dr Iain Ross in the 15 months between Justice Neave’s departure and Professor Rees’ starting date.
F. G. H.
VLRC ANNUAL REPORT 2006–07 Commissioners are responsible for the Her Honour Judge Felicity Hampel Professor Ricketson has been a member overall direction of the organisation. has been a part-time commissioner since of the divisions for the Assisted They are each members of divisions of October 2001. She was appointed as a Reproductive Technology & Adoption, the commission in which they work on Judge of the County Court in 2005, prior Civil Justice, and Surveillance in Public specific references. All commissioners to which she was a practising Senior Places (chair) references. meet regularly to discuss interim and Counsel and Adjunct Professor of Law Professor Neil Rees has been the final reports for all references. at Monash University. She joined the Chairperson of the commission since Victorian Bar in 1981, was appointed Mr Paris Aristotle AM was appointed 1 June 2007. His legal career includes Queens Counsel in 1996 and throughout as a part-time commissioner in August periods in academia, in legal practice her career has been active in human 2002. He has been the Director of the and as a member of tribunals. Before rights and public interest advocacy and Victorian Foundation for Survivors of joining the commission, he was a legal education. In 2005, she received Torture since 1988 and holds several Professor and Foundation Dean of the Women Lawyers’ Achievement positions on government advisory the Faculty of Law at the University of Award in Victoria. bodies in the settlement and human Newcastle. His tribunal membership services fields, including the Refugee Judge Hampel has been a member of includes the New South Wales Resettlement Advisory Council and the the commission’s divisions for Assisted Administrative Decisions Tribunal, the Immigration Detention Advisory Group. Reproductive Technology & Adoption Mental Health Review Board and the He also sits on the board of the Adult (chair), Bail, and Civil Justice references. Psychosurgery Review Board. He has Multicultural Education Services. been involved in the establishment The Honourable Justice David Harper of three community legal centres and Mr Aristotle has been a member of the has been with the commission since clinical legal education programs: divisions for the Assisted Reproductive October 2001. After a long career at the Springvale (Monash University); Technology & Adoption, and Surveillance Bar—he was made a QC in Victoria in Kingsford (University of New South in Public Places references. 1986 and in New South Wales in 1989 Wales); and Newcastle (University of and was the Bar Chairman in 1990– Dr Peter Cashman is a barrister and Newcastle). He has previously been a 91—he was appointed as a judge to was formerly Associate Professor at part-time commissioner of the New the Supreme Court of Victoria in 1992. the University of Sydney’s law school. South Wales Law Reform Commission. He is currently chair of the International He established the law firm Cashman Humanitarian Law Advisory Committee Dr Iain Ross AO is a partner at Corrs & Partners, which merged with the of the Red Cross (Victorian branch), Chambers Westgarth, specialising in Melbourne firm Maurice Blackburn President of the Victorian Association for workplace relations and administrative to form the national firm of Maurice the Care and Resettlement of Offenders, law. He was previously a Vice-President Blackburn Cashman. He was formerly and Chair of The Northcote Trust, which of the Australian Industrial Relations national president of the Australian helps talented young people finish their Commission. He first became involved Plaintiff Lawyers’ Association and education. in law reform in 1992 as a consultant to founding director of the Public Interest the Australian Law Reform Commission’s Advocacy Centre. He was joint Among his other commission work, Collective Investments Review. He was commissioner in charge of the Australian Justice Harper has been a member of the a part-time commissioner of the New Law Reform Commission’s class actions commission’s divisions for the Bail (chair) South Wales Law Reform Commission inquiry, from 1986 to 1987. and Civil Justice references. from 1998 to 2001 and joined the Her Honour Judge Jennifer Coate Professor Sam Ricketson has been a Victorian Law Reform Commission in became a part-time commissioner in part-time commissioner since October August 2003. October 2001. She has been a judge 2001. He is a practising barrister Dr Ross has been a member of the of the County Court since June 2000 specialising in matters of copyright divisions for the Civil Justice, Bail, and and was President of the Children’s and intellectual property law and has Surveillance in Public Places references. Court until May 2006. For the eight published widely in these areas. Since years before the County Court she was 2000, he has been a Professor of Law a magistrate. Judge Coate has worked at the University of Melbourne and was as a barrister, solicitor and academic previously Professor of Commercial Law and served on social policy groups and at Monash University. Prior to this, he held committees. academic and research positions at the universities of Melbourne and London. In the past year, Judge Coate has been a He is also a Fellow of the Academy of the member of the Bail division. Social Sciences in Australia.
ChiefCHIEF Executive EXECUTIVE OFFICER’S Officer’s REPORT Report Padma Raman
It is a testament to the staff and part-time members that the commission functioned effectively this year despite not having a full-time chair. The commission also had to accommodate my maternity leave during the year. The highlights of the year include the completion of two major references, further work on all our systems including our community law reform function and implementation of commission recommendations.
VLRC ANNUAL REPORT 2006–07 References Systems and Staff I look forward to working with the commission’s new chairperson and to the The year brought the completion of the Community law reform is an important challenges and excitement brought by Assisted Reproductive Technology & part of the commission’s work. We new references. Adoption reference with the Final Report worked on refining our processes for tabled in parliament in June 2007. The receiving suggestions for reform and report marked the end of four years of have developed a range of systems extensive consultation and research. to manage our community law Mary Polis, one of the commission’s reform work. Simone Marrocco and team leaders, led the process and along Alison Hetherington have contributed with Prue Elletson wrote the widely enormously in ensuring the process acclaimed report. The division chaired by runs efficiently. The commission also Judge Hampel and comprising Professor continued to produce Inform, which Padma Raman Ricketson, Dr Ross and Mr Aristotle provides information about law reform Chief Executive Officer worked diligently to produce final activities being conducted by a number recommendations. of agencies. We have also continued to develop our profile with schools, through The commission also completed the our involvement in Law Week activities. majority of work in relation to its Bail reference over the past year. Angela The part-time members who make up Langan led the reference and was ably the commission put in a Herculean effort assisted by Keren Murray. Once again over the past year to complete projects the division of the commission chaired and to continue to operate in the by Justice Harper gave up much of their absence of a full-time Chairperson. They time and worked extremely hard to provided me with their complete support develop recommendations. when I performed the functions of the chair. The commission owes its gratitude Implementation to Dr Iain Ross for acting as part-time The commission’s implementation record chairperson for part of the year. was strengthened this year with the The commission is privileged to have a introduction of a further Sexual Offences fabulous and dedicated team of people Bill that gave effect to the commission’s working for it. Over this year they have recommendations in relation to demonstrated their professionalism alternative methods of giving evidence in working under a range of different and jury directions in sexual offence arrangements while the government cases. A range of the commission’s appointed a new full-time chairperson. I non-legislative recommendations were am indebted to them for their patience, also implemented over the year. The their hard work and for ensuring the government also introduced legislation continued success of the commission. to ban surveillance in toilets and change I would like to thank Merrin Mason rooms in line with recommendations for acting in the CEO role while I was contained in the commission’s Workplace on maternity leave. She brought her Privacy Report. wisdom and calm to the role in difficult circumstances.
OrganisationalO rganisational Chart C hart
The commission has a small team of staff who support the commissioners by conducting research, meeting with people, writing publications, producing the publications and providing administrative functions. There have been a lot of staff movements in the past year as references finish and begin and secondments end.
VLRC ANNUAL REPORT 2006–07 Commission Professor Neil Rees, Chairperson (from 1 June 2007) Dr Iain Ross [Acting Chairperson] (18 October 2006–31 May 2007) Paris Aristotle Dr Peter Cashman (from 4 September 2006) Her Honour Judge Jennifer Coate Her Honour Judge Felicity Hampel The Honourable Justice David Harper Professor Sam Ricketson
Executive Assistant Lorraine Pitman (until 29 January 2007) Nicole Gavrilidis (from 5 June 2007)
Chief Executive Officer Padma Raman [exercising functions of Chairperson to 17 October 2006 under section 110(1) of the Public Administration Act 2004] Merrin Mason (18 September 2006–30 March 2007)
Operations Manager Team Leaders Policy and Research Communications Officers Kathy Karlevski Angela Langan Alison Hetherington Alex Blake (2 April–1 June 2007) Mary Polis Trish Luker
Librarian Policy & Research Officers Julie Bransden Samantha Burchell Claire Downey (until 27 October 2006) Prue Elletson (4 December 2006– 23 February 2007) Bronwen Jennings (until 13 June 2007) Administrative Officers Siobhan McCann Vicki Christou Christiana McCudden (5 December 2006– Nicole Gavrilidis (13 March–4 June 2007) 3 May 2007) Failelei Siatua Jacinta Morphett (from 30 October 2006) Keren Murray (4 September 2006– 31 May 2007) Priya SaratChandran Casually Employed Prue Elletson (from 26 February 2007)
Project Officer Simone Marrocco
Research Assistants Ross Abbs (5 February–15 June 2007) Prue Elletson (3 July–3 December 2006) Casually Employed Katherine Brazenor (16 February–2 March 2007) Miriam Cullen (from 14 February 2007) Amelia Ie (3 October 2006–1 March 2007)
OurO urApproach A pproach
Functions, Visions and Our Functions Our Vision and Values Objectives The Victorian Law Reform Commission Our vision is to establish the Victorian The Victorian Law Reform Commission was established under the Victorian Law Reform Commission as the leading was established as an independent Law Reform Commission Act 2000 as a law reform agency in Australia. In all its government-funded organisation with central agency for developing law reform activities, the commission will contribute a charter to facilitate community-wide in Victoria. to the building of a fair, just, responsive, consultation and advise parliament on inclusive and accessible legal system for The functions of the commission are to: how to improve and update Victorian all Victorians. law. The commission is committed to • examine, report and make The commission will: transparent and public law reform which recommendations to the Attorney- is independent of the political process. General on any proposal or matter • maintain a reputation for rigorous relating to law reform in Victoria that legal research and extensive is referred to the commission by the community consultation Attorney-General • produce timely, thorough and high • examine, report and make quality law reform recommendations recommendations to the Attorney- which provide innovative solutions to General on any matter that the complex policy issues commission considers raises • build community trust in government relatively minor legal issues that are and enhance the democratic process of general community concern if by fostering public understanding the commission is satisfied that the of law reform and encouraging examination of that matter will not informed community debates on key require a significant deployment issues of the resources available to the • give a voice to marginalised groups commission within the community • suggest to the Attorney-General that • ensure the government is a proposal or matter relating to law fully informed of law reform reform in Victoria be referred to the developments which have occurred commission by the Attorney-General interstate and overseas • monitor and coordinate law reform • provide fearless, impartial and activity in Victoria independent advice to the • undertake educational programs government of the day and be seen on any area of the law relevant to a to be doing so reference, whether past or current. • build partnerships with other bodies involved in law reform to avoid inefficient duplication of effort.
10 VLRC ANNUAL REPORT 2006–07 Objectives Results
To provide the Attorney-General and parliament with • Delivered Assisted Reproductive Technology & Adoption high quality, timely, responsive and effective advice on law Final Report. reform that is independent of government agencies and the • Provided information briefings on theAssisted Reproductive political process. Technology & Adoption Final Report. • Significant work undertaken on final recommendations for the Bail and Civil Justice references. • Contributed towards government efforts to implement recommendations.
Engage the community in law reform processes and foster • Consulted widely with the community in meetings, community-wide debate on law reform proposals. roundtables and public forums for Bail and Surveillance in Public Places references. • Consulted with the courts and legal services sector for the Civil Justice reference. • Provided information about key directions in each reference to media outlets. • Produced summary publications for specific audiences. • Regularly updated the commission website with news on all references.
To promote the role of law reform and improve community • Held law reform event in Geelong on Sexual Offences law understanding of law and legal processes relevant to the reform for school students as part of Law Week. commission’s references. • Prepared and distributed school curriculum support notes on Workplace Privacy law reform, in support of the Law Reform in Action booklet. • Participated in relevant conferences, forums and other public events.
To coordinate law reform in Victoria and identify areas of • Produced two editions of Inform e-newsletter, which emerging concern. contains updates on law reform activities in the state. • Participated in conferences and forums relevant to law reform. • Worked with community legal centres and the Equal Opportunity and Human Rights Commission Victoria on community law reform projects.
To maintain efficient and effective administrative and • Delivered all objectives within budget. financial systems and provide a safe and supportive • Improved operation and maintenance of internal systems working environment to support the commission’s law and databases. reform activities.
11 ReferencesR eferences – B ail
The past year has been spent analysing submissions and roundtable outcomes and conducting further research to develop final recommendations for improving the operation of the Bail Act. The researchers spent the latter half of the year writing the final report.
12 VLRC ANNUAL REPORT 2006–07 Consultations The second issue was a request to consider how preparatory offences Following the roundtables held at the would be treated under any new Bail end of last year, another 13 consultations Act. The Chief Commissioner of Police were organised to follow up issues that had requested the Victorian Government emerged from the roundtables and consider the introduction of offences for supplementary submissions about the people preparing to commit an armed penalty for surety defaults. robbery. As this issue fitted in with the Further consultations were held general discussion about the tests for bail with Victoria Police, the Supreme the commission did not call for further Court, Magistrates’ Court, Victims submissions. Support Agency, the Criminal Justice Enhancement Project, Department of Final Report Justice, and individuals. First drafts of the final report were finished by 30 June 2007. After Surety Penalty and Preparing to editing, proofreading and design is Commit an Offence completed next year, it will be handed The Attorney-General wrote to the to the Attorney-General for tabling in commission at the end of last year asking parliament. us to consider two separate issues as The final recommendations were part of the review of the Bail Act. developed by the bail division of The first was the penalty for the commissioners: Her Honour Judge forfeiture of a surety. This followed the Jennifer Coate, Dr Iain Ross, the decision in R v Mokbel and Mokbel in Honourable Justice David Harper and which Justice Gillard criticised the current Her Honour Judge Felicity Hampel. two-year penalty as being inadequate for The division members participated a surety as large as $1 million. in an intensive round of meetings The commission wrote to everyone who between July and November 2006 to had responded to the Consultation Paper develop the final recommendations requesting another submission on the and in 2007 read through drafts of forfeiture penalty. We provided a brief the report and considered further paper explaining the law in Victoria and refinements of recommendations. The other Australian states and asked the recommendations were then considered following questions: and decided on by the full commission. • Is the current penalty of two years Staffing imprisonment for failing to meet a surety, provided for in section 6(1) Keren Murray joined Angela Langan on of the Crown Proceedings Act, the bail team in early September 2006 inadequate? and finished in May 2007. Daniel Evans completed initial work on parts of the • For what reasons should the current final report before finishing his contract penalty either remain as it is or be on 30 June 2006. increased? • Should the current provision remain, or is the civil forfeiture regime found in many other Australian states to be preferred? We received another 18 submissions in response to this request.
13 ReferencesR eferences – S urveillance in P ublic P laces
The Surveillance in Public Places project is the second stage of the commission’s Privacy reference, which delivered a report on Workplace Privacy in October 2005. The terms of reference for the project ask the commission to report on whether legislative or other measures are necessary to ensure there is appropriate control of surveillance in public places.
14 VLRC ANNUAL REPORT 2006–07 Scoping and Roundtable Phase Briefing Papers The three commissioners on the Privacy The commission has sought briefing division and commission staff began to papers from experts in two areas—the scope the new project in mid 2006. consideration of cyberspace as a public place and the impact of anti-terrorism This included initial research into legislation on the control of surveillance. the theories and commentary about surveillance and its impact on individuals Expert briefing papers are often and society. It also involved a thorough commissioned to fill in gaps in existing review of legislative and other measures research and give the commission a to control surveillance in other clearer view of the issues involved. jurisdictions around the world. Other Reviews Roundtable discussions with users and subjects of surveillance began in October Victoria is not alone in considering 2006 to give the commission a better issues of privacy in the context of new understanding of why surveillance and emerging technologies. Other is used and what current regulation jurisdictions have, and are, conducting involves. reviews on privacy. The New South Wales Law Reform Commission released Close to 30 of these indepth discussions its Final Report into NSW surveillance were held during the year and helped laws in June 2007 and is now reviewing the division tease out people’s definitions information privacy laws. The Australian of key terms in the project, such as Law Reform Commission (ALRC) is ‘surveillance’ and ‘public places’. reviewing the Privacy Act 1988 (Cth), Roundtable participants were broadly and has released a Review of Privacy grouped into the categories of state Issues Paper. The New Zealand Law government and statutory bodies, police, Commission also announced a review of local government, private corporations its privacy regime in October 2006. and community representatives. Joint ALRC—VLRC Forum Amendment to Terms of In February 2007, the commission and Reference the ALRC held a joint public forum at the The Attorney-General notified the State Library which considered various commission in October 2006 that privacy issues, including surveillance. he wanted to amend the Privacy The Victorian Commission has and will project’s terms of reference. The continue to work cooperatively with the commission will no longer consider the ALRC where relevant. publication of photographs without the subject’s consent because the issue Staff has been taken up by the Standing Bronwen Jennings and Priya Committee of Attorneys-General. SaratChandran were the policy and While this amendment removes research officers working on the specific consideration of unauthorised reference for most of the financial publication of photographs, the taking year. Bronwen finished her 12-month of photographs remains within the ambit secondment with the commission in June of the amended terms of reference. 2007 and Michelle Burrell was appointed to the role in the same month. Miriam Cullen worked as research assistant on the reference from February 2007.
15 ReferencesReferences – Assisted Reproductive Technology & Adoption
The commission finished itsAssisted Reproductive Technology & Adoption Final Report in the past year, wrapping up one of its most well known projects.
The report was given to the Attorney- than 60 stories about the report General on 30 March and he tabled it appeared on radio and television news in the Victorian Parliament on 7 June, programs and in Australian newspapers, with the commission holding a report websites and blogs. launch on 21 June. The reference was The Attorney-General said the characterised by the strong public government would consider the report’s interest in the recommendations content and respond by the end of 2007. and stakeholders’ commitment to all stages of the commission’s The report made more than 130 consultation processes. recommendations to provide clarification of parental status for all families, and Dr Iain Ross was the commission’s remove inconsistencies and invalid acting chairperson during the report’s provisions in the Infertility Treatment Act, production and was the spokesperson which governs the provision of assisted when the report was released. More reproductive treatment.
16 VLRC ANNUAL REPORT 2006–07 Access to Assisted Recognising Parents • Donors should not be able to Reproductive Technology put qualifications on who receives Another major impact on children born their sperm or ova, unless they The commission’s recommendations through ART is the failure in many cases are donating to a known woman aim to give the Infertility Treatment of the law to recognise the people who or couple. Act greater exibility to allow service care for them as parents. This affects providers to respond with certainty to children who have been born through • The sperm and ova of people who unexpected turns in treatment and surrogacy arrangements or to same- die can only be used if they leave social change. sex couples. written consent.
In making its recommendations the Non-recognition of parents has a range • The Infertility Treatment Authority commission drew on an extensive of practical and social implications. (ITA) should decide case by case if body of social science research that has The commission has recommended people should be assisted to create found it is the quality of parenting that that where a child is born to a lesbian ‘saviour siblings’. most affects children’s wellbeing and couple, the non-birth mother should be • The ITA ethics committee should outcomes rather than family structure. presumed to be a parent of the child decide whether clinics can use if she has consented to her partner new treatments. The commission recommended that becoming pregnant, and should be people seeking assisted reproduction not • Same-sex couples and single people recorded as a parent on the child’s be discriminated against on the basis of should be allowed to adopt. birth certificate. marital status, religion, race or sexuality. • Sperm and ova donors should not be Access would be determined according People who organise a surrogacy able to directly contact their genetic to the likelihood of a woman becoming arrangement should be able to apply to children, but the ITA should continue pregnant or the risk of her passing on a a court for a transfer of parentage from to maintain information registers to genetic disease. the surrogate once the child is born. If allow contact when children initiate the court and surrogate mother agree, it. The only people who could be barred then the commissioning couple can be from treatment are those who have past • The ITA should facilitate contact recognised on the birth certificate as the convictions for serious sexual or violent between people born before 1998 child’s parents. References – Assisted Reproductive Technology & Adoption offences, who have had children taken and their donors by writing to clinics from their care, or who are assessed by The commission has also recommended and donors about the donor registers counsellors as posing a potential risk to Victoria work towards national law and offering counselling children. All such exclusions would be reform for the recognition of these to donors. subject to review by a specialist panel. parents to remedy the problems that • A new independent service to exist under federal law. Surrogacy is not illegal in Victoria, but manage the donor registers should the Infertility Treatment Act makes The report stresses that it is crucial for be established. it virtually impossible for people to parents to tell children conceived with • Eligibility for fertility treatment should undertake surrogacy arrangements using donated sperm, ova and embryos about apply to the people commissioning a a reproductive clinic. This is because a their genetic origins. surrogacy arrangement and not the surrogate mother and her partner (if surrogate mother and her partner, The report contains many other she has one) must be infertile if the if she has one. recommendations that detail changes to commissioning parents want to use their process and procedures and address less • Surrogate mothers should be 25 own embryo. The commission believes common problems, such as: years or older and past pregnancies that if surrogacy is to be legal in Victoria should not be a prerequisite. this anomaly needs to be corrected, and • Clinics to continue to screen sperm • Surrogate mothers who use their surrogacy should be carefully regulated for self-insemination. own ova should undergo specific to protect everyone involved. Eligibility • It should not be an offence for a counselling. for fertility treatment should apply to partner or friend of a woman to help the people commissioning a surrogacy her self-inseminate. Staffing arrangement and not the surrogate • Retain the ban on non-medical sex mother and her partner, if she has one. The bulk of work on the Final Report selection. was undertaken by Mary Polis, with help from policy and research officer Prue Elletson.
17 ReferencesR eferences – C ivil J ustice
With just one year to report back to the Attorney-General, the review of Civil Justice has been hurtling ahead since the commission received the terms of reference in September 2006.
Dr Peter Cashman was appointed • the modernisation, simplification full-time commissioner in charge of the and harmonisation of the rules of project, which has the following terms civil procedure within and across of reference: jurisdictions;
1. To identify the overall objectives and • the reduction of the cost of principles of the civil justice system litigation; that should guide and inform the • the promotion of the principles of rules of civil procedure; having fairness, timeliness, proportionality, regard to the aims of the Attorney- choice, transparency, quality, General’s Justice Statement: New efficiency and accountability. directions for the Victorian Justice 2. To identify the key factors that System 2004–2014, and influence the operation of the civil in particular: justice system, including those factors that influence the timeliness, cost and complexity of litigation.
18 VLRC ANNUAL REPORT 2006–07 3. To consult with the courts, the legal 9. The Victorian Law Reform Scope of Reference profession, business, government Commission should report in As the first phase of a larger review, and other stakeholders on the 12 months from the date of the the commission has identified 12 areas current performance of the civil commencement of the review. where immediate reforms could be justice system as well as the overall undertaken. These are: objectives and principles of the civil Publications justice system and potential options The commission published a Consult- 1. standards of conduct for reform. ation Paper just three weeks after 2. disclosure of information and 4. The review should consider the receiving the project. cooperation before proceedings operation of the rules of civil procedure People were given just over two are commenced in the Supreme Court, the County months to make a submission to the 3. getting to the truth before trial Court and the Magistrates’ Court. paper, which listed 65 questions for 4. alternative dispute resolution 5. The review should have regard to consideration in areas such as procedural 5. expert evidence recent reviews of civil procedure rules, expert evidence, case management in other jurisdictions, both within and cost and delay. 6. class actions and public interest Australia and internationally. remedies Sixty submissions were received from 6. The review should also have regard to courts, legal firms, academics, and 7. access to justice and litigation funding the impact of current policy initiatives professional associations. 8. self-represented litigants on the operation of the civil justice 9. costs system including the proposed increase Consultations 10. case management in the jurisdiction of the County The commission undertook more Court and investments in information than 50 consultations with people 11. ongoing review and civil justice reform technology such as an Integrated and organisations working in the civil 12. miscellaneous technical reforms. Courts Management System. justice area. The civil justice team has undertaken 7. In presenting its report, the The courts provided generous assistance extensive research into reform initiatives commission should identify areas of and input, as did the legal profession, that have been implemented in other the civil justice system and rules of representative organisations and parts of Australia and other countries. civil procedure that might form the government agencies. Researchers have also visited Melbourne basis of a later and more detailed courtrooms to analyse the processes and review. Such areas may include, Dr Cashman also met with key figures in procedures involved in civil litigation and but are not limited to, the rules and the United Kingdom’s civil justice system, follow up issues raised in consultations. practices relating to: including members of the judiciary and • pre-commencement options the Civil Justice Council. The United Staffing Kingdom overhauled its civil justice • pleadings The commission had to quickly assemble system ten years ago and the council a team to work on Civil Justice to achieve • discovery was established to oversee the reforms. its tight deadlines. • summary judgment Conferences • expert witnesses Mary Polis, Samantha Burchell and Jacinta Morphett form the core of the • class actions Dr Cashman has presented papers about civil justice at conferences around the team. Claire Downey was an initial • abuse of process country and has used these opportunities member and Ross Abbs worked as • alternative methods of dispute to meet with reformers in other a research assistant from February resolution, including alternative jurisdictions and oat the commission’s to June 2007. Christiana McCudden dispute resolution undertaken by ideas about possible improvements to was seconded from Corrs Chambers judicial officers the system. Westgarth to work on a project about • judicial role in case management the costs of litigation for six months. Research and policy officers have also and listing practices, including attended relevant conferences, such docketing systems. as the Australian Institute of Judicial 8. The commission should also identify Administration’s Affordable Justice the process by which the courts, conference, the National Judicial the legal profession and other College’s Confidence in the Courts stakeholders may be fully involved conference and the University of in any further detailed review of the Melbourne’s Civil Justice Research rules of procedure. and Teaching Symposium.
19 CommunityC ommunity L aLaww R eform Reform
The Victorian Law Reform Commission Act allows the commission to make recommendations on minor legal issues of general community concern or suggest to the Attorney- General that he refer a law reform project to the commission.
20 VLRC ANNUAL REPORT 2006–07 We regularly receive suggestions for Public Housing Appeals Coordination and Monitoring of community law reform projects from Law Reform The commission has researched the community organisations and members merits review framework for public The commission has responsibility for of the public. In the past year we have housing assistance decisions following coordinating and monitoring law reform had one request: to investigate the a request from a Flemington and activities in Victoria. wording of police record-check consent Kensington Community Legal Centre forms. In 2003, the Victorian Law Reform solicitor: in particular, the decisions Advisory Council was established to We have also dealt with requests we in matters that fall outside residential assist with the coordinating role and received in the previous financial year, tenancies legislation, such as rental to share information, knowledge and including: the process involved in police rebate assessments, public housing experience relevant to law reform. The identity parades; opportunity shops eligibility and bond assistance. council also has a role in identifying trading in second-hand goods; and These decisions are only subject to potential areas of law reform which continuous observation of secluded internal merits review by the Office of could be pursued as community law mental health patients. Housing; our inquiry sought to assess the reform projects. Two significant community law reform desirability and feasibility of introducing Members of the council are drawn from proposals have received attention in the an external merits review of public key agencies engaged in law reform, past year: assistance animals and public housing assistance decisions through including the Federation of Community housing appeals. the Victorian Civil and Administrative Legal Centres, Equal Opportunity Tribunal. and Human Rights Commission of Assistance Animals Student interns Matthew Eglezos and Victoria, Law Institute of Victoria, Public In the previous financial year the Katie O’Byrne have researched the Interest Law Clearing House, Victoria commission began researching the administrative law surrounding public Law Foundation, Victoria Legal Aid, regulation of the use of assistance housing and consulted with people Parliamentary Law Reform Committees animals such as guide dogs at the working in the area. The commission and the Department of Justice. request of the Equal Opportunity and contributed public housing assistance To assist with the dissemination of Human Rights Commission of Victoria. questions to a Homeless Persons’ Legal information about law reform activities, Clinic discrimination survey, and also held The law permits people who are visually twice a year the commission publishes a roundtable discussion with community or hearing impaired to use assistance an electronic newsletter, Inform, which and social housing representatives on the dogs, but people with other disabilities provides a round-up of law reform issue of merits reviews. do not necessarily have rights to use activities in the state. such animals. Even for people who The commission decided that the The newsletter includes information are permitted to use assistance dogs, scope of the project was too large about progress on the current projects problems still sometimes arise when they for a community law reform project of the commission and other law use public transport or access public and will instead present its findings reform activities being undertaken by venues such as restaurants. in a research report to the Attorney- agencies. It is published and distributed General and consultation participants. Intern Amelia Ie continued this research electronically and has hyperlinks to This report assesses the current internal in the past financial year, completing further information. merits review structure and presents a draft paper which outlines current comparative analyses with public Victorian legislation and regulation, housing reviews in other jurisdictions and problems with the operation of the law, comparable merits review frameworks in public awareness of assistance animals other areas of administrative law. and the approach other jurisdictions take.
The commission plans to continue this research in the coming year.
21 ImplementationI mplementation report Report
One of the commission’s goals is to provide recommendations which can be easily implemented by government. While legislative implementation alone is a simplistic measurement of the commission’s operations, acceptance of the commission’s recommendations must be seen as one of a range of success indicators.
22 VLRC ANNUAL REPORT 2006–07 Sex Offences Workplace Privacy Tenancy Databases The first piece of legislation to The new Surveillance Devices (Workplace The government has not acted on implement recommendations in the Privacy) Act 2006 was introduced in the commission’s Residential Tenancy commission’s Sexual Offences Final Report August and picked up the commission’s Databases Report, which was released was the Crimes Sexual Offences Act 2006. recommendation to ban surveillance in in April 2006. In the past year the Crimes (Sexual all workplace toilets, changerooms and Offences) (Further Amendments) Bill the like. was introduced and assented to on On introducing the legislation, the 10 October 2006. Attorney-General said it was the first The legislation implements the step in responding to the commission’s commission’s recommendation that Workplace Privacy Final Report, which courts should presume all complainants was tabled in October 2005. will give evidence by CCTV, or be The Victorian Government has separated from the accused by a screen reported it is trying to achieve nationally if CCTV is not installed. Complainants consistent workplace privacy laws will also be permitted to have a support through the Standing Committee of person sit with them while giving Attorneys-General. evidence.
Judicial jury warnings are also clarified Family Violence by the legislation. These warnings are The government is currently working typically given to juries when there on new legislation in response to the has been a delay in reporting a sexual commission’s Review of Family Violence offence. The amended Crimes Act says a Laws Report. It has already set aside judge must be satisfied there is sufficient money to fund two of the non- evidence to justify such a warning and legislative recommendations made by must not warn or suggest to a jury that the commission: the use of dedicated it would be dangerous or unsafe to find family violence community lawyers to the accused guilty because of the delay. support victims; and preventing victims In non-legislative reform, the being cross-examined by unrepresented commission’s recommendation that defendants. forensic officers and sexual assault doctors receive training was accepted Evidence by the government, which announced The government is working on in October it would establish a new amendments to the state’s evidence statewide network of forensic nurses laws to bring them in line with the to examine sexual assault victims. commission’s recommendations in its The service is aiming for all victims to Implementing the Uniform Evidence be examined by a qualified female Act Report, which was released in practitioner within 24 hours. February 2006.
In September the government The commission has continued to refine announced the establishment an educational booklet it has written for of the state’s first child witness the legal profession that explains how service, following the commission’s the uniform Evidence Act will operate. recommendation that a specialist The commission plans to publish witness service be established to and distribute the booklet after the support child witnesses and their government introduces a bill to change carers across the state. the Evidence Act.
23 EducationE d ucation andan d OOutreachutreach
This year the commission provided study Into Print notes on Workplace Privacy law reform, Only two publications were released in as a companion to last year’s Sexual the past year: the Assisted Reproductive Offences law reform notes for students. Technology & Adoption Final Report and Civil Justice Review Consultation Paper. Intern Program During the past year the commission The commission was one of the operated without a full-time chairperson prime movers behind the Victoria Law and as a result undertook fewer projects. Foundation’s Legal Policy internship The commission always endeavours program, which began in 2003. The to write its publications in accessible program places law students with an language but sometimes a shorter, Helping Students interest in legal policy and research and separate publication is needed to reach community legal education in public The commission has continued to help the widest possible audience. sector and community organisations. schools teach their legal studies students The Assisted Reproductive Technology & about the law reform process through Three interns have completed 20-day Adoption Final Report Summary booklet visits to schools, law reform study notes, placements at the commission in the was produced to give interested people and the annual Law Week event. past year and two have started their a quick overview of the commission’s placements. Victims on Trial: Sexual Offences Law work, without having to have any Reform was the title of this year’s Law Amelia Ie, Katherine O’Byrne and previous knowledge of the area. Week discussion for VCE students. Held Matthew Eglezos completed scoping Because of the tight reporting deadlines, at Geelong College, the afternoon session research for two possible community law the Civil Justice Review Consultation gave students the opportunity to question reform projects: regulation of assistance Paper was a list of questions rather people working in the field and the law animals and public housing appeals. than a comprehensive discussion of reformers who recommended change. Sarah Zeleznikow and Katherine issues. It was essential to quickly issue a Every year the commission also talks Kennedy both began a project to review resource people could use to write their to legal studies teachers at their legislation governing the discovery of submissions to the review. annual conference about projects the documents in all Australian and some All commission publications are provided commission is undertaking and the international jurisdictions to identify to the public at no cost, in hard copy and process of law reform. possible options for reform in Victoria. electronic versions.
24 VLRC ANNUAL REPORT 2006–07 Website Unique Visitors to the Website The website is an important link to the 3500 wider community for the commission. 3500 3000 All the commission’s publications are 3000 available on the site the day they are 2500 released and important news is placed 2500 2000 on the site as soon as it occurs. 2000 In the past year extensive work has been 1500 1500 undertaken to rewrite the content of 1000 the site to ensure it is relevant for all the 1000 different users who visit. The structure 500 and look of the site has also been 500 overhauled to make is easier to use and 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun the new site will be launched next year. 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun We have had 20 664 unique visitors in Media60 Articles Mentioning Commission the past year, which represents a drop of 60 3079 on the previous year. 50 50 Reform on Film 40 Jannine Bennett was the winner of the 40 commission’s $500 Reform on Film prize 30 at the Shepparton Shorts Short Film 30 Festival for her movie Heinz 57, which 20 is a warm profile of a woman searching 20 to find her place in the world after her 10 father’s identity is kept from her. 10 0 The short film directly explored some 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun of the core issues in the Assisted Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Reproductive Technology and Adoption project, including the desire to know genetic heritage and parental In the News Speaking Engagements responsibility to be honest with their The commission’s Assisted Reproductive Commissioners and staff regularly children about their conception. The Technologies and Adoption reference speak about the commission and its film’s subject had many parallels with the continued to attract media attention this work at schools and conferences and feelings experienced by children born of year, as did the Civil Justice reference. to community groups and legal sector anonymous donated sperm. organisations. The commission tries to help journalists To be eligible for the prize, film-makers with any queries they may have about In the past year commission staff have must address a law in need of reform or law reform to ensure the public is kept judged the Kirby Cup at the University one of the projects being undertaken by informed. We also issue media releases of Melbourne Law School; spoken to the commission. whenever a publication is released or legal studies teachers at the Victorian The prize is offered to get people when the commission is holding a public Commercial Teachers Association thinking about some of the important event. conference; addressed a legal studies class at Mazenod College; and talked moral and social issues involved in Typically, the bulk of the media about the family violence and sex making, respecting and reforming laws. coverage occurs when a publication offences projects to social work students is released and more so when final at Monash University. recommendations are given to parliament. The spike in coverage in Commissioners have also made June was the response to the release of presentations at legal conferences in the Assisted Reproductive Technology & Victoria and interstate. Adoption Final Report.
25 DisclosuresDisclosures
As a statutory authority, the commission • courses in information technology, Industrial Relations is required to comply with a number of communications, financial and During 2006–7, commission staff have Acts and regulations. business requirements been employed under the terms of the • conferences of relevance to law Victorian Public Service Agreements Human Resource Management reform generally and in relation to 2004 and 2006. The commission has a The Chairperson has the statutory specific references cooperative relationship with the union responsibility as employer of staff and for • executive and management training representing the interests of staff: the overall management of the commission. programs Community and Public Sector Union. No The commission is bound by the code of time was lost during the year through • inhouse staff seminars with conduct for the Victorian public sector, industrial disputes or accidents. speakers from agencies with which which contains principles of appointment the commission has a working on merit, fair and reasonable treatment, Whistleblowers relationship. equal employment opportunity The Whistleblowers Protection Act 2001 and protection from discrimination, Some members of staff are undertaking encourages and facilitates disclosures of harassment and bullying. undergraduate and postgraduate studies. improper conduct by public officers and The commission actively promotes safe Occupational Health and Safety public bodies. For the 12 months ending work practices, career development, 30 June 2007, the commission did not balanced lifestyles and a friendly, The commission is committed to the receive any disclosures. non-discriminatory workplace. The continual improvement of health and organisation provides exibility in the safety standards and performance Freedom of Information in the workplace. During 2006–7, workplace that will enhance productivity The Freedom of Information Act 1982 there were no human or financial as well as assist staff to balance work with allows the public the right to access costs of occupational injury or illness. family and personal responsibilities. All documents held by the commission. For Many staff took advantage of the members of staff are required to engage the 12 months ending 30 June 2007, the subsidised in uenza immunisation in a performance management program. commission received one application from program organised by the Department a member of the public. The documents of Justice. All new staff received Staff Development and Training sought were publicly available and ergonomic assessments of their work therefore, were not required to be viewed The commission supports staff in their spaces by qualified professionals. All under the Freedom of Information Act. pursuit of professional development staff participated in fire drill evacuation through training and further studies. exercises. Three staff members are Compliance with Building Act 1993 During 2006–7, staff attended courses, trained as first aid officers. workshops and conferences to develop The commission does not own or control their professional skills and knowledge any government buildings and is exempt in areas of relevance to their work and from notifying its compliance with the careers. The range of activities has building and maintenance provisions of included: the Building Act 1993.
26 VLRC ANNUAL REPORT 2006–07 Department of Victorian Australian Indigenous Women Communities Communities The commission is readily able to In accordance with the requirements One of the key strategic areas identified identify a commitment to the principle outlined in the Premiers Circular 2006/1, in the Victorian Indigenous Affairs of representation and equity contained the commission is required to report Framework is the facilitation of active in the Leading with Victoria’s Women: on its responsiveness to the following partnerships through the involvement of Forward Plan 2004–07. During 2006–7, Victorian community areas: Indigenous Victorians in the planning, the majority of senior decision-making management and delivery of services. and leadership positions in the • culturally and linguistically diverse organisation have been occupied by (CALD) communities The commission’s commitment to women and the majority of staff in the Indigenous participation is demonstrated • Indigenous communities organisation overall are women. in the inclusion of Indigenous community • women representatives in the Bail reference’s The commission has an important role • young people. consultations. An Indigenous Australians in meeting the Victorian Government’s This requirement forms part of the roundtable forum was held as part of commitment to justice and safety for whole-of-government performance the Bail project, and people working in women, specifically in the priority areas reporting framework and is required Indigenous support services and court of family violence, sexual assault and under the Multicultural Victoria positions were consulted. Another ongoing law reform. During 2006–7, Act 2004. strategic area identified is improved justice the commission published the Assisted outcomes for Indigenous families and Reproductive Technology & Adoption Cultural Diversity communities. The terms of reference Final Report, which included 130 for the Review of the Bail Act project recommendations to change the law The commission has a commitment to specifically ask the commission to governing access to assisted reproductive engaging with the Victorian community ‘have regard to the over-representation technology to remove discrimination in an inclusive manner. Law reform of Indigenous Australians held on against women based on marital status projects involve consultation strategies remand’, and ‘the needs of marginalised or sexuality grounds. aimed at enhancing the participation of and disadvantaged groups, including people from CALD communities. Indigenous Australians, and the impact of Young People One of the commission’s key strategies the bail system on people in those groups’. The terms of the Bail reference is the participation of representatives Representatives of Indigenous specifically request the commission to from community organisations on communities were also invited to investigate the intersection of the Bail Act consultative committees for references. participate in roundtables for the 1977 and the Children and Young Persons The involvement of key gate-keepers Surveillance in Public Places reference. Act 1989. During 2006–7, consultations in this capacity is beneficial when the were held with staff from juvenile justice commission organises consultation and youth services agencies. meetings with people from diverse cultural backgrounds. The commission’s Surveillance in Public Places reference held a roundtable The Surveillance in Public Places discussion with members of the Youth reference held roundtables during the Affairs Council of Victoria and is year and invited representatives from specifically looking at the impact CALD communities, such as the Islamic of surveillance in public places on Council of Victoria. young people. During 2006–7, the commission has maintained the availability of the brochure Changing the Law in 11 community languages: Arabic, Cantonese, Croatian, Greek, Italian, Macedonian, Mandarin, Spanish, Somali, Turkish and Vietnamese. The commission has not used language services during 2006–7.
27 Office-based Environmental Impacts Audit Committee Environmental The main responsibilities of the audit Aspect Description Unit of Measure 2006–07 committee are to:
1 Electricity User per FTE kilowatt-hour per FTE 549.30 • review and report independently to User per square metre kilowatt-hour the commissioners on the annual of office space per square metre 18.86 report and all other financial information published by the Total use—electricity kilowatt-hour 39110 commission Total associated tonnes of carbon • assist the commissioners in reviewing greenhouse gas emissions dioxide equivalent 2 53.1707 the effectiveness of the commission’s internal control environment Paper Use per FTE reams per FTE 3 14 covering: Total use reams 245 - effectiveness and efficiency of Waste Generated per FTE kilograms per FTE 58.43 operations
Total recycled kilograms 1040 - reliability of financial reporting - compliance with applicable laws Transportation Employees regularly and regulations. (>75 per cent of time) using public transport, cycling or • determine the scope of the internal walking to and from work per cent 96 audit function and ensure that its resources are adequate and used Notes: effectively, including coordination 1. FTE is a person who is counted as an employee and is therefore on the commission’s payroll for the final pay period in the reporting period. with the external auditors 2. Victorian greenhouse coefficients, Energy and Greenhouse Management Toolkit, Module 3, • oversee the effective operation of State Government of Victoria. the risk management framework. 3. One ream is equivalent to 500 sheets of A4 white or coloured office paper (1 ream A3 = 2 reams A4). During the 2006–07 financial year the commission sought and was granted an Other Environmental Impacts exemption from Direction 2.2(e) of the Standing Directions of the Minister of 1. All transportation data can be found • lights and air-conditioning turned Finance under the Financial Management in the Department of Justice’s annual off when conference room vacant Act 1994. This direction requires the report because the commission • staff encouraged to turn off commission to appoint an Audit utilises departmental fleet vehicles equipment and lights after use Committee to oversee and advise it on when needed. • equipment programmed to switch matters of accountability and internal 2. The consumption of water, gas and off when not in use for a defined control affecting its operations. other fuel sources is included in period and overnight the building’s overhead costs and The Minister for Finance has granted • all equipment switched off during charges. Consumption solely for the the commission an exemption from long weekends and closures. commission cannot be identified. the requirement to have an Audit 4. Other actions taken to reduce Committee for the 2006-07 financial 3. Actions taken during the year to environmental impacts are: year. The commision is in the process of reduce energy use in buildings establishing an Audit Committee and will • recycling of toner cartridges include: be compliant in future years. • increased maintenance of boilers • purchasing recycled paper to ensure higher efficiency and • double-sided printing wastage timers set to reduce • draft printing of working unnecessary energy use during documents out-of-office hours • glass and plastic recycling. • dishwasher used only when full and on reduced cycle
28 VLRC ANNUAL REPORT 2006–07