Annual and Financial Reports 2019-2020; Appropriation Bill 2020-2021 and Appropriation (Office of the Legislative Assembly) Bill 2020-2021
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ANNUAL AND FINANCIAL REPORTS 2019-2020; APPROPRIATION BILL 2020-2021 AND APPROPRIATION (OFFICE OF THE LEGISLATIVE ASSEMBLY) BILL 2020-2021 S TANDING C OMMITTEE ON J USTICE AND C OMMUNITY S AFETY M ARCH 2021 REPORT 1 A NNUAL AND F INANCIAL R EPORTS 2019- 2020; A PPROPRIATION B ILL 2020- 2021 AND A PPROPRIATION (OFFICE OF THE LEGISLATIVE A SSEMBLY) B ILL 2020- 2021 THE COMMITTEE COMMITTEE MEMBERSHIP Mr Jeremy Hanson MLA Chair from 8 December 2020 Dr Marisa Paterson MLA Deputy Chair from 8 December 2020 Ms Jo Clay MLA Member from 2 December 2020 PARTICIPATING MEMBERS Mr Peter Cain MLA, Mrs Elizabeth Kikkert MLA, Ms Elizabeth Lee MLA, Mr Mark Parton MLA SECRETARIAT Brianna McGill Committee Secretary Frieda Scott Senior Research Officer Lydia Chung Administrative Assistant Michelle Atkins Administrative Assistant CONTACT INFORMATION Telephone 02 6207 0524 Post GPO Box 1020, CANBERRA ACT 2601 Email [email protected] Website www.parliament.act.gov.au i S TANDING C OMMITTEE ON J USTICE AND C OMMUNITY S AFETY RESOLUTION OF APPOINTMENT The Legislative Assembly for the ACT established the Standing Committee on Justice and Community Safety on 2 December 2020 by resolution1 which states (in part) that: (1) the following general-purpose standing committees be established as set out in the table below. The purpose of such committees is to enhance the scrutiny of the Executive, to examine and suggest improvements to any bills referred to it, to enable the citizens of the territory to engage and to participate in law-making and policy review, to enable financial scrutiny of the Executive’s budget proposals and to review annual reports or taxpayer funded agencies; (2) the committees so established may inquire and report on matters referred to it by the Assembly or matters that are considered by the committee to be of concern to the community and within the nominated areas of responsibility; (3) calendar and financial year annual and financial reports stand referred to the relevant standing committee for inquiry and report by 31 March of the year after the presentation of the report to the Assembly pursuant to the Annual Reports (Government Agencies) Act 2004; … (5) all bills presented to the Assembly stand referred to the relevant standing committee for inquiry and report within two months from the presentation of the bill. Should the standing committee resolve not to undertake an inquiry, the chair shall advise the Assembly and the responsible minister within 14 days of the presentation of the bill in the Assembly; … (7) the committees so established are required to examine the expenditure proposals contained in the main appropriation bills for the Territory and any revenue estimates proposed by the Government in the annual budget and prepare a report to the Assembly within 60 days of the presentation of the budget bills; … (9) the Standing Committee on Justice and Community Safety shall: a. examine matters related to corruption and integrity in public administration; b. inquire into and report on matters referred to it by the Assembly or matters that are considered by the Committee to be of concern to the community; c. perform all functions required of it pursuant to the Integrity Commission Act 2018; and d. monitor, review and report on the performance of the Integrity Commission and the Inspector of the Integrity Commission or the exercise of the powers and functions of the Integrity Commission and the Inspector of the Integrity Commission, including 1 ACT Legislative Assembly, Minutes of Proceedings, No. 2, 2 December 2020, pp. 17. ii A NNUAL AND F INANCIAL R EPORTS 2019- 2020; A PPROPRIATION B ILL 2020- 2021 AND A PPROPRIATION (OFFICE OF THE LEGISLATIVE A SSEMBLY) B ILL 2020- 2021 examining the annual reports of the Integrity Commission and the Inspector of the Integrity Commission and any other reports made by the Commission; nothing in this resolution authorises the Committee to investigate a matter relating to particular conduct or to reconsider a decision to investigate, not to investigate or to discontinue an investigation of a particular complaint made to the Commission, or to reconsider the findings, recommendations, determinations or other decisions of the Commission or the Inspector in relation to a particular investigation or complaint; … Primary Wellbeing Committee Areas of Responsibility Indicator/s ACT Electoral Commission ACT Integrity Commission Gaming Special Minister of State (Justice and Community Safety reporting areas) Emergency management and the Emergency Services Agency Safety and Policing and ACT Policing Justice and Governance and Community Safety Corrective services Institutions Attorney-General Consumer affairs Human rights Victims of crime Access to justice and restorative practice Public Trustee and Guardian Scrutiny of bills and subordinate legislation iii S TANDING C OMMITTEE ON J USTICE AND C OMMUNITY S AFETY TERMS OF REFERENCE As outlined above, the resolution of establishment for standing committees of the Tenth Assembly (passed by the Assembly on 2 December 2020) requires the Standing Committee on Justice and Community Safety to inquire into Annual and Financial Reports 2019-20 and ACT Budget 2020-21: ‘(3) calendar and financial year annual and financial reports stand referred to the relevant standing committee for inquiry and report by 31 March of the year after the presentation of the report to the Assembly pursuant to the Annual Reports (Government Agencies) Act 2004; … ‘(7) the committees so established are required to examine the expenditure proposals contained in the main appropriation bills for the Territory and any revenue estimates proposed by the Government in the annual budget and prepare a report to the Assembly within 60 days of the presentation of the budget bills;’2 At its meeting on Thursday 11 February 2021, the Assembly resolved to amend the due date for the report on calendar and financial year annual and financial reports as follows: ‘In paragraph (3), omit "report by 31 March" and substitute "report by 9 April"’.3 2 ACT Legislative Assembly, Minutes of Proceedings, No. 2, 2 December 2020, p. 17. 3 ACT Legislative Assembly, Minutes of Proceedings, No. 6, 11 February 2021, p. 72. iv A NNUAL AND F INANCIAL R EPORTS 2019- 2020; A PPROPRIATION B ILL 2020- 2021 AND A PPROPRIATION (OFFICE OF THE LEGISLATIVE A SSEMBLY) B ILL 2020- 2021 ACRONYMS Acronym Long name or phrase ACAT ACT Civil and Administrative Tribunal ACT Australian Capital Territory ACTCS ACT Corrective Services ACTGS ACT Government Solicitor ADF Australian Defence Force AMC Alexander Maconochie Centre CALD Culturally and linguistically diverse CLCs Community Legal Centres CM Act Corrections Management Act 2007 CMTEDD Chief Minister Treasury and Economic Development Directorate CORIS Criminal Offender Record Information System COVID-19 Coronavirus disease 2019 COVID Response Act COVID-19 Emergency Response Act 2020 CYPS Child and Youth Protection Services Discrimination Health Services Disability and Community Services DHSDCSC Commissioner Directions Annual Reports (Government Agencies) Directions 2019 (NI2019-296) DPP Director of Public Prosecutions ESA Emergency Services Agency FOI Freedom of Information FMA Financial Management Act 1996 HR Act Human Rights Act 2004 v S TANDING C OMMITTEE ON J USTICE AND C OMMUNITY S AFETY Acronym Long name or phrase HRC Human Rights Commission ICMS Integrated Court Management System JACS Committee Standing Committee on Justice and Community Safety JACSD Justice and Community Safety Directorate KPI Key performance indicator MLA Member of the Legislative Assembly NDIS National Disability Insurance Scheme OICS Office of the Inspector of Correctional Services PACYPC Public Advocate and Children & Young People Commissioner PTG Public Trustee and Guardian QON Question on notice QTON Question taken on notice SC Act Supreme Court Act 1933 SMOS Special Minister of State VOCC Victims of Crime Commissioner vi A NNUAL AND F INANCIAL R EPORTS 2019- 2020; A PPROPRIATION B ILL 2020- 2021 AND A PPROPRIATION (OFFICE OF THE LEGISLATIVE A SSEMBLY) B ILL 2020- 2021 TABLE OF CONTENTS T HE C OMMITTEE .................................................................. I Committee Membership ........................................................................................................................... i Participating Members .............................................................................................................................. i Secretariat ................................................................................................................................................ i Contact Information .................................................................................................................................. i Resolution of appointment ...................................................................................................................... ii Terms of reference .................................................................................................................................. iv A CRONYMS ....................................................................... V R ECOMMENDATIONS .............................................................IX 1 I NTRODUCTION ............................................................... 1 Presentation of ACT Government Annual and Financial Reports 2019-20 ................................................ 1 Presentation of ACT Budget 2020-21 .......................................................................................................