ANNUAL REPORT 2014-15
ANNUAL REPORT 2014-15 Contact for this report
General enquiries about this report should be directed to:
Justice and Community Safety GPO Box 158 CANBERRA ACT 2601
Telephone: 02 6207 7173 Email: [email protected]
General contact details
Post © Copyright Australian Capital Territory, Canberra 2015 Written request for information can be sent to: This work is copyright. Apart from any use JACS Media as permitted under the Copyright Act 1968, GPO Box 158 no part may be reproduced without written CANBERRA ACT 2601 permission from the Territory Records Telephone Office, Treasury Directorate, Shared Services, ACT Government, CPO Box, Canberra City Information pertaining to JACS can be ACT 2601. obtained by calling JACS Media on: 02 6207 7173 Enquiries about this publication should be directed to: Internet Justice and Community Safety Directorate Information about JACS can be found at the Telephone: 02 62074813 Justice and Community Safety website: Information about the JACS Directorate and www.justice.act.gov.au an electronic version of this annual report An electronic version of this 2014-15 Annual can be found on the JACS website, Report and previous annual reports can also http://www.justice.act.gov.au be found on the JACS website. http://www.act.gov.au Freedom of information requests can be made Telephone: Access Canberra 13 22 81 by emailing: [email protected] Cover photos by Peter Williams IBSN 978-0-9925863-1-7 CONTENTS .
Contents 3 From the Director‑General 5 Section A Transmittal Certificates 7 Section B Organisation Overview and Performance 11 B.1 Organisational overview 12 B.2 Performance Analysis 30 Output 1.1 – Policy Advice and Justice Programs 30 Output 1.2 – Legal Services to Government 54 Output 1.3 – Parliamentary Counsel’s office 62 Output 2.1 – Corrective Services 67 Output 3.1 – Courts and Tribunal 91 Output 4.1 – Emergency Services 95 Strategic Indicators and Objectives 116 B.3 Scrutiny 121 B.4 Risk Management 129 B.5 Internal Audit 130 B.6 Fraud Prevention 132 B.7 Work Health and Safety 134 B.8 Human Resource Management 137 B.9 Ecologically Sustainable Development 151 SECTION C Financial Management Reporting 155 C.1 Financial Management Analysis 156 C.2 Financial Statements 165 C.3 Capital Works 274 C.4 Asset Management 278 C.5 Government Contracting 281 C.6 Statement of Performance 290
Justice and Community Safety Directorate Annual Report 2014-15 3 Section D Notices of Non Compliance 309 D.1 Dangerous Substances 310 D.2 Medicines, Poisons and Therapeutic Goods 310 D.3 Terrorism (Extraordinary Temporary Powers) 310 Section K Victims of Crime 311 K. Victims of Crime 312 Section N Justice and Community Safety 323 N.1 Bushfire Risk Management 324 N.2 Freedom of Information 340 N.3 Human Rights 348 N.4 Legal Services Directions 359 Annexure A Sentence Administration Board 367 Sentence Administration Board of the Australian Capital Territory Annual Report 2014-15 369 Attachments 375 Compliance Statement 376 Acronyms 377 Index 380
4 Justice and Community Safety Directorate Annual Report 2014-15 FROM THE DIRECTOR‑GENERAL .
I am pleased to present the Annual Report As a result of reviewing the governance of the Justice and Community Safety (JACS) framework within which staff operate, the Directorate for 2014–15. JACS Directorate will commence a revised framework in the 2015–16 financial year to The JACS Directorate has continued to deliver provide a greater level of transparency and high-quality service to the ACT Government accountability at all levels. and ACT community throughout the financial year. As a Directorate, together with our volunteers and our stakeholders, we supported the In December 2014, Chief Minister Andrew Barr Government in achieving significant results was elected as Chief Minister and established during the reporting period including: a new set of priorities for the Government. Under the new Administrative Arrangements, • supporting vulnerable Canberrans the Directorate became answerable to three seeking access to justice, including those Ministers: Minister Simon Corbell continued experiencing domestic and family violence; as the Attorney-General, Minister Joy Burch • progressing the tender process for the commenced as the Minister for Police and Territory’s first Public Private Partnership Emergency Services, and Minister Shane in delivery of the ACT Law Courts Rattenbury commenced as the Minister redevelopment project; for Justice, which includes both Corrective • developing the Justice Reform Strategy Services and regulatory policy particularly in and Justice Reinvestment Strategy through relation to transport regulation. extensive consultation and research JACS Directorate staff members were also in relation to a new community-based heavily involved in the transition of the sentencing option for the Territory and former Office of Regulatory Services to consideration of options for ways to the Chief Minister, Treasury and Economic reinvest funds in the justice system; Development Directorate to become part • continuing to provide high quality of Access Canberra. We have continued to and timely legislative drafting and work closely with our colleagues, given our publishing services; responsibilities for much of regulatory policy. • implementing key road safety initiatives David Pryce commenced as Deputy including the motorcycle lane filtering trial; Director-General, Community Safety in • designing a new case management system February 2015 and Vicki Parker joined the to create process improvements and JACS Directorate in April 2015 as Deputy efficiencies for information management in Director-General, Justice. Both have brought the ACT Law Courts and Tribunal; valuable strategic and leadership skills to • organising four whole-of-government our senior executive team. In May 2015, security and emergency exercises aimed at Ms Parker was also appointed as the practising how territory agencies respond Coordinator-General for Domestic and Family to and coordinate an incident at a place of Violence to ensure all Government reform mass gathering; programs and initiatives are implemented in a coordinated and integrated manner.
Justice and Community Safety Directorate Annual Report 2014-15 5 • improving the front-line capability of the ACT Emergency Services Agency and ACT Corrective Services; • upgrading security systems at the Alexander Maconochie Centre to ensure the continued safety and management of staff and detainees; • progressing construction projects to provide two new accommodation units for detainees at Alexander Maconochie Centre; • opening of the new South Tuggeranong ACT Fire & Rescue station, delivered on time and under budget; and • launching a new community education campaign, CBR Bushfire Ready, to help inform the Canberra community about bushfire prone areas and how best to prepare for a bushfire.
I am proud of what the staff, volunteers and statutory office holders of the JACS Directorate have achieved this financial year.
Alison Playford Director-General
6 Justice and Community Safety Directorate Annual Report 2014-15 SECTION A Transmittal Certificates 8 Justice and Community Safety Directorate Annual Report 2014-15 A. TRANSMITTAL CERTIFICATES TRANSMITTAL A.
Justice and Community Safety Directorate Annual Report 2014-15 9 10 Justice and Community Safety Directorate Annual Report 2014-15 SECTION B Organisation Overview and Performance B.1 ORGANISATIONAL OVERVIEW
Mission Innovation • we look for ways to continuously improve Our mission is to maintain a fair, safe and our services and skills; and peaceful community in the ACT where • we are open to change and new ideas from people’s rights and interests are protected. all sources.
Values Our Role We pride ourselves on being a Directorate The JACS Directorate seeks to maintain a whose attitudes and actions are consistent fair, safe and peaceful community in the with the ACT Public Service (ACTPS) ACT where people’s rights and interests are values and behaviours. These values and respected and protected. This is achieved behaviours are embraced in the JACS Strategic through the objectives of: Plan 2012–17 and underpin all of our service delivery to the community. • maintaining the rule of law and the Westminster style of Respect democratic Government; • we take pride in our work; • promoting the protection of human rights • we value the contribution of others; and in the Territory; • we relate to colleagues and clients in a fair, • providing effective offender management decent and professional manner. and opportunities in relation to rehabilitation; Integrity • protecting and preserving life, property and • we do what we say we’ll do and respond the environment; appropriately when the unexpected occurs; • providing for effective and cohesive • we take responsibility and are accountable emergency response and management; for our decisions and actions; and and • we engage genuinely with the community, • developing and amending legislation managing resources entrusted to us covering regulatory functions honestly and responsibly. of Government.
Collaboration To support the achievement of its objectives, the Directorate aims to improve service • we work openly and share information to delivery to Government and the community reach shared goals; and and to ensure it continues to meet community • we take on board other views when solving needs into the future. problems and welcome feedback on how we can do things better.
12 Justice and Community Safety Directorate Annual Report 2014-15 Our Functions and Services Output 1.4 Public Prosecutions (independently reported) In line with the 2014–15 ACT Budget Papers, The prosecution of summary and indictable our performance is measured against the matters, at first instance and on appeal, the following strategic objectives: provision of assistance to the coroner and the • accessible justice system; provision of witness services. • safe community; Output 1.5 Protection of Rights • safe community – emergency services; and (independently reported) • promotion and protection of rights The provision of advocacy, complaint and interests.
handling, advice, community awareness PERFORMANCE AND OVERVIEW ORGANISATION B. Our functions and services are described in raising and other services in connection the budget papers as follows: with the promotion and protection of rights, especially for vulnerable members Output 1.1 Policy Advice and Justice of society, by the ACT Human Rights Programs Commission (HRC), the Public Advocate of the ACT and Victims Support ACT (VSACT). The provision of high-quality policy, This also includes services provided by the legislation, ministerial support and advice Privacy Commissioner. to portfolio Ministers, Cabinet and other agencies on justice and community Output 2.1 Corrective Services safety matters. The administration of security coordination and emergency The provision of safe and secure custody for management policy, and innovative justice detainees with a strong focus on the delivery and crime prevention programs (including of rehabilitative, educational and vocational the Restorative Justice program) across programs, the effective management of Government and the community. un-sentenced offenders and community based corrections programs, and the Output 1.2 Legal Services to provision of advice and services to the ACT government justice system.
The provision of high-quality timely Output 3.1 Courts and Tribunal legal advice and representation for the Attorney-General and Government. The provision of high-quality support to judicial officers and tribunal members in the Output 1.3 Legislative Drafting and Courts and the Tribunal and high-quality Publishing Services services to the public using the Courts The provision of high-quality and timely and Tribunal. legislative drafting and publishing services for ACT legislation and the maintenance of the ACT Legislation Register.
Justice and Community Safety Directorate Annual Report 2014-15 13 Output 4.1 Emergency Services policing, courts, corrections, justice, legal, emergency and regulatory services across The ACT Emergency Services Agency Canberra, and for the protection of human (ESA) is responsible for supporting the rights in the community. ACT community in regard to emergency management including: Our clients and stakeholders include:
Prevention and Mitigation: Measures taken in • the ACT Chief Minister; advance of an emergency aimed at decreasing • the ACT Attorney-General; or eliminating its impact on the community • the ACT Minister for Police and and the environment. Emergency Services; Preparedness: Measures to ensure that, should • the ACT Minister for Justice; an emergency occur, communities, resources • the ACT Legislative Assembly; and services are capable of responding to and • Commonwealth and other Australian coping with the effects. State and Territory Government agencies Response: Strategies and services to control, and councils; limit or modify an emergency to reduce • the judiciary and the ACT legal profession; its consequences. • statutory office holders and bodies; Recovery: Strategies and services to return • community service providers; the ACT ESA to a state of preparedness after • consumers, licensees, jurors, victims of emergency situations and to assist with crime, offenders and witnesses; community recovery. • statutory and non-statutory committees; Our Clients and Stakeholders • media; • suppliers and contractors; and We work with a number of Government and • other Directorates and agencies. non-Government entities to deliver effective
Denis Kingler of Guises Creek receives a medal from Minister for Police and Emergency Joy Burch.
14 Justice and Community Safety Directorate Annual Report 2014-15 Organisational Chart
Figure 1 – Organisation Chart B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B.
Justice and Community Safety Directorate Annual Report 2014-15 15 Our Volunteers Our people are fundamental to the implementation of our strategic plan and Many ACT residents donate their time and together we are working on the following efforts as volunteers for our Directorate, areas of focus to assist in the delivery of the providing an invaluable service to Government’s priorities: the community. • improve the way we connect with our community and make informed decisions; We are extremely grateful for the generosity and community spirit shown by all of our • be flexible enough to focus on volunteers who selflessly help those in changing priorities; the ACT community who are in need or • ensure our clients have good access to experiencing disadvantage. services that meet their needs; Volunteers contribute through the ACT Rural • look for better ways to get the job done; Fire Service (ACTRFS), ACT State Emergency and Service (ACTSES) and ACT Fire & Rescue • realise the potential of our people. (ACTF&R) Community Fire Units (CFUs) as well as assisting the Public Advocate as Through leadership and transparent decision community guardians for the elderly and as making we will continue to build trust within Interview Friends to help young people. the Directorate to bring about positive changes in line with the Respect Equity and Building on the positive experiences Diversity (RED) Framework. of volunteers during the year, the JACS Directorate will continue to encourage other Canberrans to volunteer during the JACS Performance During year ahead. 2014–15
Planning Framework There have been many achievements for the Directorate during 2014–15. Priorities as identified in the 2014–15 budget were our The JACS Strategic Plan 2012–17 sets out the key focus and covered as part of output class steps we will take to deliver better services contribution to the annual report: to our Government to meet the needs of the community and to deliver better service to our • developing and progressing a Justice community on behalf of Government. Reform Strategy to enhance the framework for sentencing offenders, reducing Our strategy recognises the need to provide recidivism and identifying options for leadership, support and development for Justice Reinvestment; JACS Directorate staff as we strive to improve • developing a new Aboriginal and Torres the services we provide to our Ministers, Strait Islander Justice Partnership; citizens and each other. • progressing reforms to introduce an The Strategic Plan incorporates our unexplained wealth law, facilitate major commitment to the public sector values events, and develop a judicial complaints and behaviours: regime, a new Victims of Crime Financial • respect Assistance Scheme, and enhancements to the Liquor Act 2010; • integrity • advancing procurement of a Public Private • collaboration Partnership (PPP) consortium to deliver • innovation. new ACT Court facilities;
16 Justice and Community Safety Directorate Annual Report 2014-15 • starting construction of a new 30 cell • progressing implementation of the Courts special care centre and a new 56 cell and Tribunal Case Management system; flexible accommodation block at the • progressing the development of a new Alexander Maconochie Centre (AMC); ACT Legislation Register; and progressing • progressing the ESA Station Upgrade of documentation for an enhanced ACTCS Relocation Program (SURP) with Information Management solution; completion of a new fire station in South • developing a road safety camera strategy to Tuggeranong, the commencement of reduce speed-related road trauma; construction of a co-located ambulance and fire station in Aranda and review of • progressing options for the provision of SURP Stage 2; protection of human rights in the ACT; and B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. • modifying the ESA Headquarters to support • continuing the delivery of a more effective Communications Centre environmentally-sustainable development and incident management capability; initiatives to reduce the Directorate’s carbon footprint and provide efficiencies. • continuing the Extended Care Paramedic program pending the finalisation of an evaluation of the effectiveness of JACS Outlook and Future the program; Priorities 2015–16 • replacing critical elements of the ESA’s Territory Radio Network (TRN) and The JACS Directorate is focusing on a range upgrading the Computer Aided Dispatch of strategic and operational priorities (CAD); during 2015–16, which are aligned with the Government’s election commitments, • finalising the Strategic Bushfire the Parliamentary Agreement and budget Management Plan (SBMP) version three; initiatives. Key priorities are as follows: • developing and implementing a ‘Women • providing oversight of ACT Government in Emergency Services Strategy’ (WIESS), reforms and programs through the in particular with a view to increase the Coordinator-General for Domestic number of female firefighters; and Family Violence role to help • progressing a feasibility study into the improve outcomes for Canberrans future of the Gungahlin Joint Emergency experiencing violence; Services Centre, in particular to explore • supporting vulnerable Canberrans through options for expanded facilities for police to initiatives to better address family violence, support a growing population; extending the high-density housing • continuing to deliver the Extended program and continuing to provide legal Throughcare program to support offenders services to people who are homeless or at transitioning into the community and to risk of becoming homeless; help reduce recidivism; • implementing vulnerable road user reform • completing the upgrade of the electronic and progressing the ACT Road Safety security system at the AMC; Camera Strategy; • continuing to improve access to justice, • continuing work to legally recognise gender including funding to reduce the number of diversity in the ACT; pending civil matters in the Supreme Court, • restructuring protection of rights and and by supporting the Aboriginal Legal statutory office holder arrangements; Service with additional staff for a Courts duty lawyer role;
Justice and Community Safety Directorate Annual Report 2014-15 17 • implementing the Aboriginal and Torres • supporting initiatives to attract and retain Strait Islander Justice Partnership; women in line with the WIES Strategy; • reforming the Victims of Crime Financial • progressing the SURP through the Assistance scheme to provide assistance completion of the co-located ambulance to a broader range of victims, including and fire and rescue station in Aranda, and victims of domestic violence; the provision of an ambulance station at • delivering essential legal services to Greenway; and the community to ensure vulnerable • investing in ESA operational infrastructure, members of the community have access to through the progression of the next stage of legal assistance; upgrades to the TRN and the replacement • implementing new laws to combat of the Direct Turnout System to ensure organised criminal groups, including continued timely response to emergency outlaw motor-cycle gangs; incidents or events. • extending the provision of restorative justice services to adult offenders and more Internal Accountability serious offences; The JACS Directorate organisational chart • developing a new Aboriginal and which is reported on page 15, documents the Torres Strait Islander justice service names of the JACS Senior Executive Team and delivery model; their responsibilities. • progressing the redevelopment of the ACT Supreme and Magistrates Courts; The Director-General and senior executives are engaged under contracts not exceeding • enhancing the capacity of the courts by five years. Remuneration is determined appointment of additional acting supreme by the ACT Remuneration Tribunal. All court judges; executive contracts are tabled in the ACT • continuing to implement the new courts Legislative Assembly. case management system; The JACS Directorate undertook a review of • enhancing ACTCS by developing greater its governance structure during the reporting correctional capacity through increased period and commenced a pilot of the revised accommodation at the AMC, an improved structure in approximately April 2015. information management system and as part of the Justice Reform Strategy, The following tables show both structures supporting a new community-based operating within the reporting period. sentencing option with enhanced community corrections; • strengthening the ESA’s capacity to maintain operational capabilities and future demands; • through the ESA’s Strategic Reform Agenda (SRA), implementing the ACT Ambulance Service (ACTAS) Blueprint for Change program;
18 Justice and Community Safety Directorate Annual Report 2014-15 Table 1 – Governance Arrangements – April 2015 – 30 June 2015
COMMITTEE ROLE MEMBERSHIP Strategic The SMC will establish the strategic direction, Director-General (Chair) Management address strategic risks by monitoring and Deputy Director-General, Justice Committee (SMC) working with corporate and line areas. Deputy Director-General, Business unit managers from corporate areas Community Safety and line areas will be invited to attend to speak to particular agenda items and papers, on Chief Finance Officer issues including: Supported by Executive Director, • Financial management; Governance • Audit and compliance;
• Risk and business continuity; PERFORMANCE AND OVERVIEW ORGANISATION B. • People and workforce strategy; • Capital works and infrastructure management; and • Information technology management. JACS Executive The JEC is required to: Director-General (Chair) Committee (JEC) • monitor the effectiveness of the corporate Deputy Director-General, Justice governance committees, including review committee minutes and holding discussion Deputy Director-General, by exception; Community Safety • commission, review and approve whole of Chief Finance Officer Directorate enabling frameworks, policies and procedures (the process of approval will Corporate Executive Directors generally be out of session, unless there are All Business Unit Heads exceptions for discussion); Supported by Executive Director, • establish sub-working groups as required on Governance complex or contentious issues; and • make recommendations to the Strategic Management Committee (SMC).
Justice and Community Safety Directorate Annual Report 2014-15 19 COMMITTEE ROLE MEMBERSHIP Finance The purpose of the Finance Committee is to Director-General (Chair) Committee (FC) provide leadership and direction in financial Deputy Director-General, Justice strategy and financial management of the Directorate and to provide advice and support Deputy Director-General, in the discharge of responsibilities of the Community Safety Director‑General as outlined in section 31 of the Executive Director, People and Financial Management Act 1996 (FMA). Workplace Safety Currently under review. Executive Director, Capital Works and Infrastructure Chief Finance Officer Executive Director, Corrective Services Executive Director, Office of Regulatory Services Executive Director, ICT Programs and Projects Delivery Commissioner, Emergency Services Agency Courts Administrator Group 1 Representative – one officer represents the 4 Branches. This representation is on a rotational basis: Legislation, Policy and Programs ACT Government Solicitor Parliamentary Counsel’s Office Security and Emergency Management Group 2 Representative – one officer represents the 5 statutory Offices. This representation is on a rotational basis: Office of Director of Public Prosecutions ACT Electoral Commission Public Advocate ACT Human Rights Commission Victim Support ACT Group Manager (Financial Reporting) - Advisor Group Manager (Budgets and Statement of Performance) - Advisor Finance Manager (Capital Works and Assets) - Advisor.
20 Justice and Community Safety Directorate Annual Report 2014-15 COMMITTEE ROLE MEMBERSHIP Audit The main function of the committee is to Independent External Member Performance and improve business performance, which includes (Chair) Improvement the following: Deputy Director-General Committee (APIC) • contribute, assess and monitor the scope of the audit process within the Directorate, Independent Government including facilitation of the internal and Representative external audit functions; (currently CMTEDD) • discuss, maintain and ratify the internal audit charter, and internal audit templates; • consider the annual financial statements and recommend them for the Director-General
for approval; PERFORMANCE AND OVERVIEW ORGANISATION B. • develop, discuss, review and ratify the internal audit three year strategic and annual internal audit program; • assess and consider the Directorate’s corporate governance and internal control mechanisms; • consider ethical practices within the Directorate in accordance with the Public Sector Management Standards 2006 and the Public Sector Management Act 1994; and • in response to the whole-of-government risk management and fraud and corruption frameworks, develop appropriate risk management, fraud control and business continuity plans within the Directorate, including monitoring and reporting.
Justice and Community Safety Directorate Annual Report 2014-15 21 COMMITTEE ROLE MEMBERSHIP Work Health and The Executive Work Health and Safety Director-General (Chair) Safety Committee Committee will: One management and one health (WHS Tier 1) set and endorse the Work Health and Safety and safety representative from strategic direction; each Tier 2 Health and Safety Committee listed below: review information related to workplace health and safety performance so as to assist Tier 2 Workplace Advisory the Directorate in producing, updating and Committee monitoring workplace health and safety, policies and programs; Group 1 Corporate Services, Strategic review risk management activities occurring Finance, Security and Emergency within the Directorate; Management Branch, ACT Law Courts & Tribunal, ACT assist in the integration of WH&S matters Government Solicitors, into day to day management activities and Legislation, Policy and Programs decision making; Branch, ACT Parliamentary endorse training and education for particular Counsels Office groups in order to address identified Group 2 WH&S issues; ACT Corrective Services assist in the development, review and Group 3 distribution of occupational health, safety, Office of Regulatory Services practices, procedures and policies to employees Group 4 within the workplace; and Victim Support ACT, Director as far as possible, act as a of Public Prosecution, Public consultative Committee. Trustee for the ACT, ACT Electoral Commission, Human Rights Currently being reviewed in light of transfer Commission, Public Advocate of of the Office of Regulatory Services to the ACT Access Canberra. Group 5 ACT Emergency Services Agency One representative from the following unions: • Australian Manufacturing Workers Union • Community and Public Sector Union • Construction Forestry Mining and Energy Union • Electrical Union • Transport Workers Union • United Firefighters Union of Australia • United Services Union Ex Officio Members: • Manager People and Workplace Strategy or nominee; and • JACS Work Health and Safety Advisor or nominee.
22 Justice and Community Safety Directorate Annual Report 2014-15 COMMITTEE ROLE MEMBERSHIP Directorate The Justice and Community Safety Directorate Deputy Director-General (Chair) Consultative Consultative Committee is established under the Committee ACT Public Service, Justice and Community Safety JACS representatives: Enterprise Agreement 2011–13. The purpose • Capital Works and of the Committee is to provide a consultative Infrastructure representative forum in relation to matters in the enterprise • Executive Director, People and agreement which affect JACS employees. Workplace Strategy Currently under view • Emergency Services Agency representative • ACT Corrective Services representative
• Office of Regulatory Services PERFORMANCE AND OVERVIEW ORGANISATION B. representative • One other Directorate representative. Employee representatives: • Community and Public Sector Union • Australian Manufacturing Workers Union • Professional Engineers, Scientists and Managers, Australia • Australian Municipal, Administrative, Clerical and Services Union • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
Justice and Community Safety Directorate Annual Report 2014-15 23 COMMITTEE ROLE MEMBERSHIP Information The main functions of the committee are to: Deputy Director-General, Justice Management • define and review the strategic direction Executive Director, ICT Information for JACS IMICT in line with the Directorates Communication Strategic Plan and the ACT Government ICT Executive Director, ACT Corrective Committee Strategic Framework; Services (IMICT) • monitor programs, projects and activities Senior Director, Security and across the JACS ICT portfolio in order to Emergency govern and implement the ICT Strategic direction (Strategic Plan / Forward Work Plan Executive Director, Governance and ensure performance against each; Principal Registrar Courts and • support the prioritisation of ICT investment Tribunal and ICT business case (funding submissions); Statutory Office Holder • ensure the cost effective application and Representative management of ICT systems and resources throughout the Directorate; Legal Stakeholder Representative • identify and monitor portfolio risks and issues Strategic Relationship Manager, including audit recommendations; Shared Services • ensure IMICT activities are promulgated an Executive Director, ICT Services, in compliance with the ICT Strategic Plan, Shared Services standards and practices endorsed by the committee or other appropriate authorities; • review current and future IMICT capabilities (technologies and organisational capabilities) to identify opportunities to increase the efficiency of ICT resources; • monitor the performance of the Single Partnership Agreement with ICT Services, Shared Services, ensuring partnering arrangements are effective and relevant and agreement outcomes are achieved; • provide advice and recommendations to the Strategic Management Council on significant IMICT issues as required; and • monitor and evaluate the JACS financial commitment across all aspects of the IMICT portfolio.
24 Justice and Community Safety Directorate Annual Report 2014-15 Table 2 – Governance Arrangements – 1 July 2014 to April 2015
COMMITTEE ROLE MEMBERSHIP Executive The Executive Management Council Director-General Management • sets the corporate governance arrangements Deputy Director-General, Justice Council (EMC) for the Directorate; Deputy Director-General, • identifies, drives and reviews key Community Safety Directorate priorities; • monitors the effectiveness of the corporate Executive Director, Governance governance committees including reviewing (Chair) committee minutes and holding discussion by Executive Director, Capital Works exception on issues arising; and Infrastructure
• monitors the performance of the PERFORMANCE AND OVERVIEW ORGANISATION B. Directorate against its commitments, goals Executive Director, People and and objectives; Workplace Safety • commissions, approves and reviews enabling Chief Finance Officer Directorate policies; and Executive Director, ICT Programs • in undertaking the above, considers and Projects Delivery the whole‑of-Government and external environment in which the Executive Officer to Directorate operates. Director-General (Observer) Manager, Governance, Coordination and Reporting (Observer).
Justice and Community Safety Directorate Annual Report 2014-15 25 COMMITTEE ROLE MEMBERSHIP Finance The purpose of the Finance Committee is to Director-General (Chair) Committee (FC) provide leadership and direction in financial Deputy Director-General Justice strategy and financial management of the Deputy Director-General Directorate and to provide advice and support Community Safety in the discharge of responsibilities of the Director‑General as outlined in section 31 of the Executive Director, People and Financial Management Act 1996 (FMA). Workplace Safety Executive Director, Capital Works and Infrastructure Chief Finance Officer Executive Director, Corrective Services Executive Director, Office of Regulatory Services Executive Director, ICT Programs and Projects Delivery Commissioner, Emergency Services Agency Courts Administrator Group 1 Representative – one officer represents the 4 branches. This representation is on a rotational basis: • Legislation, Policy and Programs Branch • ACT Government Solicitor • Parliamentary Counsel’s Office • Security and Emergency Management Group 2 Representative – one officer represents the 5 statutory Offices. This representation is on a rotational basis: • Office of Director of Public Prosecutions • ACT Electoral Commission • Public Advocate ACT • Human Rights Commission • Victim Support ACT Group Manager (Financial Reporting) - Advisor Group Manager (Budgets and Statement of Performance) - Advisor Finance Manager (Capital Works and Assets) - Advisor.
26 Justice and Community Safety Directorate Annual Report 2014-15 COMMITTEE ROLE MEMBERSHIP Audit The Committee is an advisory body to the The Committee should have a Performance and Director-General to assist in the discharge of maximum membership of six, Improvement responsibilities as prescribed in the Financial including the appointment of an Committee Management Act 1996 and the Chairperson independent chairperson. will provide reasonable assurance, as part JACS APIC currently has of the bi-quarterly reporting process, to the six members: Director‑General that the Directorate’s business objectives are being achieved within the Chair, External appropriate framework. Executive Director, Governance The Committee provides independent assurance and assistance to the Director-General Executive Director, ACT Corrective Services
on the Directorate’s risk, control and compliance PERFORMANCE AND OVERVIEW ORGANISATION B. framework and external accountabilities. Commissioner, Emergency Services Agency Executive Director, Office of Regulatory Services Independent ACT Government member Chief Financial Officer, Observer ACT Auditor‑General Office Representative, (Observer) Internal Audit Manager, Governance; and Other ex-officios may attend as required. JACS IM/ICT The IM/ICT Governing Committee is responsible Deputy Director-General, Justice Governing for setting and monitoring the strategic direction Executive Director, ICT Committee of the Directorate’s IM/ICT investment, business systems, planning and policies which are in line Executive Director, ACT Corrective with the overarching JACSD Strategic Plan, and Services the ACT Government ICT Strategic Framework. Senior Director, Security and The focus of the Committee is strategic and Emergency tactical - not operational. The Committee is not concerned with the day-to-day Executive Director, Governance management of information, business systems Principal Registrar Courts and or associated technology unless it pertains Tribunal to the management of the ICT portfolio and investment. Statutory Office Holder Representative Legal Stakeholder Representative Strategic Relationship Manager, Shared Services Executive Director, ICT Services, Shared Services
Justice and Community Safety Directorate Annual Report 2014-15 27 COMMITTEE ROLE MEMBERSHIP Executive Work The Executive Work Health and Safety Director-General (Chair) Health and Safety Committee is responsible for: One management and one health Committee – • defining and endorsing the Work Health and and safety representative from Tier 1 Safety strategic direction; each Tier 2 Health and Safety • reviewing information related to workplace Committee listed below: health and safety performance so as to assist Tier 2 Workplace Advisory the Directorate in producing, updating and Committee monitoring workplace health and safety, policies and programs; Group 1 • reviewing risk management activities Corporate Services, Strategic occurring within the Directorate; Finance, Security and Emergency Management Branch, ACT • assisting in the integration of WH & S matters Law Courts & Tribunal, ACT into day-to-day management activities and Government Solicitors, decision-making. Legislation, Policy and Programs • endorsing training and education for Branch, ACT Parliamentary particular groups in order to address Counsels Office identified WH & S issues; and Group 2 • assisting in the development, review and ACT Corrective Services distribution of occupational health, safety, practices, procedures and policies to Group 3 Office of Regulatory Services employees within the workplace. Group 4 Victim Support ACT, Director of Public Prosecution, Public Trustee for the ACT, ACT Electoral Commission, Human Rights Commission, Public Advocate of the ACT Group 5 ACT Emergency Services Agency One Representative from the following unions: • Australian Manufacturing Workers Union • Community and Public Sector Union • Construction Forestry Mining and Energy Union • Electrical Union • Transport Workers Union • United Firefighters Union of Australia • United Services Union Ex Officio Members: • Manager People and Workplace Strategy or nominee; and • JACS Work Health and Safety Advisor or nominee.
28 Justice and Community Safety Directorate Annual Report 2014-15 COMMITTEE ROLE MEMBERSHIP Workplace The Justice and Community Safety Directorate Deputy Director-General (Chair) Consultative Consultative Committee is established under the Committee ACT Public Service, Justice and Community Safety JACS representatives: Enterprise Agreement 2011–13. The purpose Capital Works and Infrastructure of the JACS DCC is to provide a consultative representative forum in relation to matters in the enterprise agreement which affect JACS employees. Executive Director, People and Workplace Strategy Emergency Services Agency representative ACT Corrective Services
representative PERFORMANCE AND OVERVIEW ORGANISATION B. Office of Regulatory Services representative One other Directorate representative. Employee representatives: Community and Public Sector Union Australian Manufacturing Workers Union Professional Engineers, Scientists and Managers, Australia Australian Municipal, Administrative, Clerical and Services Union Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
Justice and Community Safety Directorate Annual Report 2014-15 29 B.2 PERFORMANCE ANALYSIS
OUTPUT 1.1 – POLICY ADVICE AND JUSTICE PROGRAMS
Output Description relevant to advancing an accessible justice system. Notable examples follow:
The Legislation, Policy and Programs (LPP) Crimes (Sentencing) Amendment Act 2014 unit provides high quality policy, legislation, (see further information under JRS below). ministerial support and advice to portfolio Ministers, Cabinet, the Directorate and Justice and Community Safety Legislation other agencies on justice and community Amendment Act 2014 (No 1) and (No 2) and safety matters. Justice and Community Safety Legislation Amendment Act 2015 made minor LPP also administers innovative justice amendments to improve the administration of and crime prevention programs (including justice in the ACT. the Restorative Justice Program) across Government and the community. Legislation (Penalty Units) Amendment Act 2014 increased the value of penalty units from $140 to $150 for an individual and from Strategic Objectives Priorities $700 to $750 for a corporation. and Performance Mental Health (Treatment and Care) Strategic Objective 1 – Accessible Amendment Act 2014 amended the Mental Justice System Health (Treatment and Care) Act 1994 to better reflect the concept of ‘recovery’. The Act LPP promotes an accessible justice system focuses on the welfare of people with mental for the ACT community through development illness and/or disorders while addressing the of legislation and policy for the Government protection of the community. directed to that end. It also prepares data for public release concerning criminal justice Mental Health Bill 2015 introduced and justice services. In addition, LPP directly a second tranche of mental health supports access to the justice system, for related amendments. example, through the Aboriginal and Torres Crimes (Sentencing) Amendment Strait Islander Justice Partnership, by Regulation 2015 (No 1) prescribed criminal providing support to the Galambany Court, justice entities as ‘enforcement bodies’ and through the administration of funding to remove legal impediments under directed to supporting access to justice. the Information Privacy Act 2014 to the exchange of information for enforcement Legislative Amendments related activities. During 2014–15, the JACS Directorate Courts Legislation Amendment Act 2015 assisted the Government in the development, which commenced on 21 April 2015, made explanation and implementation of legislation amendments to a number of Acts to simplify
30 Justice and Community Safety Directorate Annual Report 2014-15 requirements and improve efficiencies in the ACT and the response to crimes by the in court and coronial processes. These criminal justice system. efficiencies were aimed at reducing delays in court proceedings, leading to faster From March 2015, the Profile included the first resolution of civil and criminal matters, and elements of both the Alcohol and other Drugs therefore reducing costs for parties. The (AOD) and Domestic and Family Violence amendments also assist in preventing the (DFV) data sets developed in response to ACT Criminal Justice development of backlogs and allow the recommendation 5 of the Statistical Profile Consultation Review 2013 courts to better manage their resources. . Amendments included: These include: • making interlocutory orders binding on • a modified Restorative Justice (RJ) table subsequent trial judges; providing a breakdown of referrals to the PERFORMANCE AND OVERVIEW ORGANISATION B. RJU by person, property and other offences • requiring pre-trial disclosure of and by their involvement with AOD and expert evidence; Aboriginal and Torres Strait Islander status; • ensuring appeals from pre-hearing orders and made by the Master of the Supreme Court • tables providing data on all referral sources are now heard before the Court of Appeal, to, as well as registered clients of, VSACT, rather than a single judge, therefore data on referrals to the Domestic Violence preventing matters being re-litigated Crisis Service and VSACT referral offences, without sufficient cause; and including domestic violence assaults. • allowing a coroner to establish a coronial investigation scene, and issue coronial Justice Reform Strategy investigation orders to police, to authorise The two-year JRS commenced in mid–2014 police officers to collect and preserve with the first year focusing on the move away evidence in circumstances where powers from periodic detention as a sentencing under the Crimes Act 1900 are unavailable. option in the Territory and the creation Crimes Amendment Act 2014 which of a new community-based sentencing commenced on 7 August 2014, made alternative to imprisonment. The work has amendments to the Crimes Act 1900 to been guided by an advisory group made up confirm that the Supreme Court can receive of representatives from key ACT Government submissions when considering a report Directorates, academics, the legal profession on an Inquiry into convictions, and that its and representatives of groups with an interest proceedings are judicial. or involvement in the justice system. The Crimes (Sentencing) Amendment ACT Criminal Justice Statistical Profile Act 2014 commenced on 5 December 2014 The ACT Criminal Justice Statistical Profileis and amended the Crimes (Sentencing) a historical series of crime data compiled by Act 2005 by limiting the circumstances in LPP and tabled in the Legislative Assembly by which a court could impose a sentence of the Attorney-General. periodic detention. A Bill introducing a new community-based sentence will be presented The Profile contains data from ACT Policing in late 2015 to enhance the current sentencing (ACTP), ACT Law Courts, ACTCS, Restorative framework. The JRS is also considering Justice Unit (RJU), Galambany Court, Office broader sentencing issues and a series of of Children, Youth and Family Support and workshops are underway looking at specific VSACT. It provides Government, community justice-related themes, such as drugs and agencies and the public, with data on crime alcohol and mental health.
Justice and Community Safety Directorate Annual Report 2014-15 31 The consultative and evidence-based Government structure are described on the approach of the JRS will continue through the JR webpage: http://www.justice.act.gov.au/ next year to inform future recommendations page/view/3826 for reform. These reforms will consider the recommendations of the Standing Committee The JR Strategy aims to deliver the on Justice and Community Safety Inquiry following outcomes: into Sentencing report which was tabled on • a literature review on the concept of JR and 24 March 2015. how it might be applied on the ground in the ACT; Further details of the work of the JRS, including the First Stage Report, are available • identification of current justice at: http://cdn.justice.act.gov.au/resources/ reinvestment programs and development uploads/JACS/PDF/JACS_JRStrat1.3_.pdf of evaluation frameworks that include specific measures of JR; Justice Reinvestment Strategy • identification of possible additional or varied JR programs using a programs map The four-year JR Strategy is funded for two years by the Confiscated Assets Trust Fund to • the development of JR measures, including the value of $336 000. a cost comparator identifying savings made for each person diverted from the justice LPP is working closely with a range system; and of Government and non-Government • a JR trial developed in partnership with the stakeholders to identify drivers of crime and community sector. criminal justice costs and then develop and implement new ways of reinvesting scarce Aboriginal and Torres Strait Islander Justice resources – both in the community and within Partnership 2015–18 the prison system – in a way that results in a more cost-beneficial impact on public safety. The JACS Directorate, in partnership with the Aboriginal and Torres Strait Islander The JR Strategy links to ACT Government Elected Body, has developed the ACT’s priorities including: second Aboriginal and Torres Strait Islander • the ACT Aboriginal and Torres Strait Justice Partnership, which will operate Islander Agreement; from 2015 to 2018. The key objective of the • Aboriginal and Torres Strait Islander Partnership is to improve access to law and Justice Partnership; justice support services and reduce the rate of incarceration of Aboriginal and Torres Strait • Justice Reform Strategy; Property Crime Islander offenders. Reduction Strategy; • Human Service Blueprint; A comprehensive consultation process was undertaken with community members, the • ACT Blueprint for Youth Justice in the ACT; Elected Body and Government directorates to • Out of Home Care Strategy; identify the priorities for the Partnership. • ACTCS Extended Throughcare model of Galambany Court prisoner support; and • the Strengthening Families project. Galambany Court has been part of the ACT Magistrates Court jurisdiction since 2004 The JR Strategy is guided by terms of and celebrated its 10th anniversary in reference endorsed by the Attorney-General August 2014. The aim of the Court is to in May 2015. Information about the key provide a culturally-sensitive framework that deliverables, terms of reference and the
32 Justice and Community Safety Directorate Annual Report 2014-15 gives recognition of the ongoing disadvantage community and the ACT criminal experienced by Aboriginal and Torres Strait justice system. Islander people in the criminal justice system. The presiding Galambany Court Magistrate Referrals to Galambany Court are made at during 2014–15 was Magistrate Boss. the request of a Magistrate, defendant or their lawyer. Aboriginal and Torres Strait Islander Elders and community members, known as panel Currently every young Aboriginal or Torres members, assess the defendants’ suitability to Strait Islander person who is charged will have their matter heard before the Galambany automatically be referred to the RJU by ACTP. Court and provide recommendations to the As this is a voluntary process, the young presiding Magistrate on sentencing options. person has the choice, and may or may not B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. When a defendant is considered unsuitable, decide to proceed. If they do choose the the matter is returned to the mainstream restorative justice process this is an alternative Magistrates Court. to referral to Galambany Court.
Galambany Court procedure continues to strengthen relationships between the Aboriginal and Torres Strait Islander Table 3 – 2014–15 Galambany Court Referrals
Adults Young People M F M F TOTAL YTD sub total 46 14 2 0 62 YTD percentage 74.2% 22.6% 3.2% 0.0% 100% YTD total 60 2 62 YTD percentage 96.8% 3.2% 100% YTD total 48 14 62 YTD percentage 77.4% 22.6% 100%
Table 4 – 2013–14 Galambany Court Referrals:
Adults Young People M F M F TOTAL YTD sub total 40 10 1 1 52 YTD percentage 76.9% 19.2% 1.9% 1.9% 100% YTD total 50 2 52 YTD percentage 96.2% 3.8% 100% YTD total 48 14 52 YTD percentage 78.8% 21.2% 100%
Justice and Community Safety Directorate Annual Report 2014-15 33 Part of the Restorative Justice Unit team, Tracey Blundell, David Witham, Lisa Ross, Amanda Lutz, Suit Lean Siah and Philip Moore pictured with ‘Migrating Moths’. The artwork was purchased from an AMC exhibition by Lisa Ross on behalf of the Restorative Justice Unit.
Restorative Justice involved. Referrals can be made at any stage of the criminal justice system, as a diversion or RJ processes empower members of the in conjunction with criminal proceedings, pre community to address their specific issues or post sentence. in the aftermath of crime. In conferences, RJ convenors guide a structured dialogue In the 2014–15 ACT Budget, the Government for victims, offenders and their respective committed an additional $2.058m over four supporters in a safe environment that assists years for phase 2 of the RJ scheme. participants to understand the elements of the incident clearly and the way it has affected INDIGENOUS GUIDANCE PARTNER those involved. The IGP is a full-time identified position in From this shared understanding, RJ the RJU dedicated to building rapport and agreements are negotiated which serve to supporting Aboriginal and Torres Strait repair the damage for victims and provide Islander young people and their families to redemptive opportunities for offenders. maximise their opportunities for participation An Indigenous Guidance Partner ensures in RJ processes. a culturally-appropriate engagement with The IGP also liaises extensively with the Aboriginal and or Torres Strait Islander clients, Aboriginal and Torres Strait Islander network assisting their optimal participation. of agencies and organisations to build The ACT scheme is governed by the Crimes connections and opportunities for young (Restorative Justice) Act 2004. It is victim people engaged in RJ processes. focused and participation is voluntary for all
34 Justice and Community Safety Directorate Annual Report 2014-15 REFERRALS but involves a 27% increase in the number of offences (231 n= +63), a 13% increase in the In 2014–15, the RJ scheme remained in phase number of young offenders (130, n = +17), and one, involving the referral of young offenders an 18% increase (169, n = + 30) in the number aged 10 to 17 years in relation to less serious of victims referred. offences. Referrals are made by criminal justice agencies, known as referring entities, ACTP made the highest number of referrals at their discretion and in accordance with the (83) followed by the Childrens Court (29). Act. Referrals can involve multiple offences, offenders and victims.
In 2014–15, the RJU received 112 referrals involving 294 offences, 147 young offenders PERFORMANCE AND OVERVIEW ORGANISATION B. and 199 victims. Compared with 2013–14, this represents no significant change in the number of referrals received (113, n = –1),
Table 5 – Number of young offenders referred by age, gender and Aboriginal and Torres Strait Islander status
Female – Aboriginal Male – Aboriginal Age / and Torres Strait Female and Torres Strait Male - Ethnicity Islander Non-Indigenous Islander Non-Indigenous 10 0 0 0 1 11 2 0 3 3 12 1 1 2 3 13 4 3 0 4 14 3 7 4 11 15 3 5 5 22 16 1 6 8 17 17 0 5 7 16 Grand Total 14 27 29 77
Table 5 illustrates that young male offenders represent 72% (n = 106) of all referrals for 2014–15 and young females 28% (n = 41). Young offenders aged 15yrs make up 24% (n = 35) of referrals closely followed by those aged 16yrs, 22% (n = 32) and 17yrs 19% (n = 28). There is a pattern of young people being referred more in mid to late teens (14 – 17 yrs) than early adolescence.
Table 6 – Number of offences by type in 2014–15 compared to 2013–14
Sum of Offence Count Sum of Offence Count Sum of Offence Count Financial Year Person Property Other 2014–15 37 244 13 2013–14 45 179 7
Justice and Community Safety Directorate Annual Report 2014-15 35 Table 6 shows that the pattern of offence impact of such involvement. If ACTP decides types remained similar in 2014–15. Property a prosecution is necessary, a referral to RJ offences remain the leading offence type for preceding the prosecution referral provides young people referred to RJ. the young person an opportunity to actively take responsibility and make amends to ACT POLICING DIVERSIONARY OPPORTUNITIES any victims before they face the Magistrate In 2014–15, 76% of the total young people in the Childrens Court, which can then be referred by ACTP received diversion compared acknowledged at sentencing. with 24% who were simultaneously referred CONFERENCES to court for prosecution. There were 69% were diversions compared to 31% with prosecution RJ conferences involve a communication in 2013–14. of information between participants that can be conducted face-to-face or indirectly Of the 117 young people referred by ACTP, through, for example, the exchange of letters 31% identified as Aboriginal and Torres Strait or recorded messages. Islander. Of these 36 Aboriginal and Torres Strait Islander young people, 28% were In 2014–15, and including some matters that referred as a diversion compared to 97% of were referred late in the 2013–14 financial non-Indigenous young people. In 2013–14, year, the RJU convened 100 conferences 111 young people were referred by ACTP, involving 114 young offenders and 118 with 44% identifying as Aboriginal and Torres victims. Of the conferences convened, 44 were Strait Islander. Of these 49 Aboriginal and face-to-face and 56 were indirect. Torres Strait Islander young people, 33% were referred as a diversion compared to 98% of Of the 147 young offenders referred within non-Indigenous young people. the 2014–15 financial year, 23 are currently undergoing assessment, 73 participated Most of the non-Indigenous young people in conferences and 51 did not participate. receiving diversions from prosecution were Excluding those still undergoing assessment, referred as ‘first time offenders’. This may 59% of those referred participated in account for the lower number of diversions conferences. Of the 199 victims referred for Aboriginal and Torres Strait Islander in 2014–15, 27 are currently undergoing young people as only four Aboriginal and assessment, 86 participated in conferences Torres Strait Islander young people were and 86 did not participate. Excluding those referred as ‘first time offenders’. It should still undergoing assessment, 50% of those be noted there is no limit on the number of referred participated in conferences. While times a young person can be referred to RJ. participation rates dropped from 2013–14 Diversionary opportunities enable a young financial year, they were higher than in the person to avoid the formal criminal justice previous financial year of 2012–13. system and may play a role in lessening the
36 Justice and Community Safety Directorate Annual Report 2014-15 Table 7 – Proportion of victims and young offenders referred in 2014–2015 that participated in conferences compared to 2013–2014
2014–2015 2013–2014 2012–2013 Young offenders (non-Indigenous) 66% 81% 62% Young offenders (Aboriginal and Torres 44% 38% 24% Strait Islanders) Victims 50% 57% 44%
Table 7 shows there was a decrease in the proportion of victims and young offenders taking part in conferences compared to 2013–14 but an increase from two years ago. Of all Aboriginal and Torres B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. Strait Islander young people referred, 44% of these went on to participate in a RJ process, which indicates an improvement in participation of 6% from 38%.
AGREEMENTS
One common outcome of a RJ conference is the formation of an agreement between the victim and offender. The offender agrees to undertake certain tasks to repair the harm caused by the offence to address and change behaviours that contribute to their offending or both.
At the end of a RJ conference some victims elect not to enter into a formal agreement with the offender as the opportunity to meet with the other party has addressed their needs. These outcomes, where the conference itself satisfied the victims’ needs, are recorded as ‘complied agreements’.
COMPLIANCE
An important measure of RJ is whether offenders fulfil their agreements. In 2014–15, 109 agreements were established and of these, 27 are still being monitored, 69 were complied with, in five the conference satisfied the victims’ needs and eight were not complied with. Excluding those agreements still being monitored, 90% of offenders complied with their agreements, representing no significant change in the compliance rate when compared with 2013–14 (91% compliance rate).
There were two agreements which offenders completed after their due date, which are deemed as non-compliant.
Table 8 – Comparison of agreement outcomes by young people in 2013–2014
2014–2015 2013–2014 Complied 69 (84%) 75 (80%) Conference satisfied needs 5 (6%) 10 (11%) Failed to be complied with 8 (10%) 8 (9%) Total compliance 74 (90%) 85 (91%)
Justice and Community Safety Directorate Annual Report 2014-15 37 Table 9 – Agreement tasks results by young offenders in 2014–15
Agreement Tasks 2014–15 Hours worked by young offenders for the benefit of victims 44 Hours worked by young offenders for the benefit of the community 303 Hours completed by young offenders at counselling and/or programs 30 Reparation paid by young offenders to victims for losses incurred 1 383 Donations made by young offenders to charitable organisations 0
Note: Agreement tasks to be completed in the next financial year are not included in these figures.
Table 8 shows the types of agreement • 98% would participate in the process again outcomes completed by young offenders • 97% would recommend the process to in 2014–15. Volunteer work for the benefit of someone else. the community was the most common form of agreement task arising from conferences. Overall, respondents remain overwhelmingly This table includes agreement tasks that positive about their experiences with were either fully or partially completed. In restorative justice and their satisfaction rate the 2014–15 period, 27 agreements were still was 97%, meeting the key performance being monitored. indicator target of 97%.
SURVEY QUESTIONNAIRES Legal Assistance
Following a RJ conference, surveys are The National Partnership Agreement (NPA) administered to each young offender, victim on Legal Assistance Services (LAS) expired and where support people have participated, on 30 June 2015. The agreement set out the a main supporter for each. These surveys are terms for delivery of Commonwealth funded collected by an independent agency. services by State and Territory legal aid commissions including Legal Aid ACT. In 2014–15, 236 people completed surveys, including 62 young offenders, 68 Negotiations on a new five-year NPA on LAS offender supporters, 97 victims and nine between Commonwealth and State and victim supporters. Territory Governments were finalised in late June 2015. The key performance feedback areas reported that of all who responded: Under the new agreement, the • 98% felt they were treated with respect Commonwealth will no longer administer its funding for legal aid commissions and • 97% felt they were able to have their say community services. Instead, funding is • 94% did not feel pressured to participate in provided to states and territories which will the process be responsible for administering the funds in • 100% felt the process respected their rights accordance with the Agreement. States and Territories will also be responsible for service • 95% felt they were able to have their say in planning and reporting. The JACS Directorate the outcome advocated strongly for an equitable outcome • 99% felt the process was fair to them which would allow Legal Aid ACT and • 98% felt the process was fair for the community legal centres to continue their offenders vital work.
38 Justice and Community Safety Directorate Annual Report 2014-15 The 2015–2020 Agreement presents NRMA-ACT Road Safety Act 1992 challenges for the ACT, including reduced was repealed by the NRMA – ACT Road Safety Commonwealth Government funding Trust Repeal Bill 2015, introduced into the from 2017 and increased responsibility for Legislative Assembly on 4 June 2015. The Bill managing the funding and service delivery. provides for transitional measures to allow the The Directorate will facilitate collaborative Trust to be wound up over a period of time service planning for all legal assistance service during which the Trust will complete its current providers in the ACT, through the Directorate’s contractual obligations. A new ACT Road Safety new role as chair of the ACT Legal Assistance Fund to commence from 1 July 2015, will Forum. The aim of this collaborative ensure a continuing capacity to support road service planning will be to optimise service safety initiatives. The new fund will include an delivery for the most vulnerable members annual grants program, commencing in 2016. PERFORMANCE AND OVERVIEW ORGANISATION B. of our community in an increasingly Major demanding environment. Major Events Act 2014 replaced the Events Security Act 2000 with a comprehensive Strategic Objective 2 – Safe major events legislation scheme, providing a Community clear and predictable regime for dealing with major events so that they can be hosted in a LPP contributes to the safety of the ACT safe and efficient manner. community by providing the framework for an effective and continuously improving justice Crimes (Child Sex Offenders) Amendment system. It provides legislative and policy Regulation 2014 (No 1) prescribed the advice on issues relating to corrections and Director‑General of Territory and Municipal sentencing, drugs and firearms regulation, Services Directorate as an entity that can receive and child sex offenders. LPP examines and information from the child sex offender register. analyses crime indicators to measure the Magistrates Court (Major Events success of legislative and policy approaches Infringement Notices) Regulation 2014 to criminal justice issues. In addition, it provides that certain offences under theMajor administers Government programs and Events Act 2014 will be subject to infringement strategies targeting road safety awareness, notices under the Magistrates Court Act 1930 high density housing and safety, home safety (pt 3.8). and property crime reduction. LPP also supports the Government’s commitment Magistrates Court (Fisheries Infringement to community safety by developing Justice Notices) Amendment Regulation 2014 Reinvestment approaches and assisting to set provides that certain offences under fisheries performance measures for ACTP through the legislation will be subject to infringement Annual Purchase Agreement. notices under the Magistrates Court Act 1930 (pt 3.8). Legislative Amendments Magistrates Court (Work Health and During 2014–15, the JACS Directorate Safety Infringement Notices) Amendment assisted the Government in the development, Regulation 2015 (No 1) amends schedule 1, explanation and implementation of a range part 1.2 of the Magistrates Court (Work Health of legislative measures relevant to community and Safety Infringement Notices) Regulation safety. Notable examples follow: by inserting additional offences for which infringement notices can be issued. The offences in this case relate to notice given by licensed asbestos removalists.
Justice and Community Safety Directorate Annual Report 2014-15 39 Magistrates Court (Work Health and Police (AFP). Negotiated annually by LPP, the Safety Infringement Notices) Amendment ACT Purchase Agreement for the provision of Regulation 2015 (No 2)amends schedule policing services is a written demonstration 1, part 1.2 of the Magistrates Court (Work of the professional and robust relationship Health and Safety Infringement Notices) shared by the ACT Government with the AFP Regulation 2011 by inserting 32 nationally and ACTP. It is a relationship that results in harmonised offences for which infringement responsive, intelligence-led, high quality notices can be issued. policing of the ACT community. The Purchase Agreement sets the Government’s continuing Magistrates Court (Nature Conservation expectations for the delivery of a professional, Infringement Notices) Regulation 2015 accountable and transparent policing provides that certain offences under the service to the ACT community by setting the Nature Conservation Act 2014 will be subject outcomes to be achieved, price for purchasing Magistrates to infringement notices under the the services and performance measures. Court Act 1930 (pt 3.8). The total price of the 2014–15 Purchase Crimes Legislation Amendment Act 2015 Agreement was $152.562m and it included made a number of amendments including: 21 performance measures focused on the creating a new offence of observing with a following outcomes: device or capturing indecent content; allowing Victim Impact Statements to be in the form • level of crime of a drawing or picture; and prohibiting the • police responsiveness display of ice pipes, hash pipes and cannabis • road safety water pipes. • public value National Forums • supporting the judicial process LPP supports Ministerial attendance at the: • crime prevention • Law, Crime and Community Safety Council; A Ministerial Direction is issued each year to and the Chief Police Officer (CPO) by the Minister • Transport and Infrastructure Council. for Police and Emergency Services (MPES). The following Ministerial Directions were LPP also provides in-depth background issued for 2014–15: briefing to support Director-General • Reduce alcohol related crime, specifically attendance at the: alcohol related violence, by actively • National Justice and Policing Senior working with partner agencies to reduce the Officers Group; frequency and impact and harms caused by • Transport and Infrastructure Senior this crime type; Officials Committee; • Continue to focus on road safety issues, • Criminology Research Advisory Council; particularly in relation to antisocial and dangerous driving behaviours; • National Criminal Court Statistical Unit; and • Take a leadership role, in • National Coronial Information System. whole-of-government strategies, with Policing Agreement partner agencies, in realising the vision and objectives of the: Policing services are provided to the Territory – Aboriginal and Torres Strait Islander under the Policing Arrangement between the Justice Agreement; ACT Government and the Australian Federal
40 Justice and Community Safety Directorate Annual Report 2014-15 – Blueprint for Youth Justice in the • a cross-jurisdiction analysis of police ACT 2012–22; performance measures; and – Property Crime Reduction • a proposed outcome focused performance Strategy 2012–15; and measure framework.
– ACT Prevention of Violence As a result a new reporting framework was against Women and Children developed and incorporated in the 2015–16 Strategy 2011–2017. Purchase Agreement. It moves from an ACTP reports quarterly to the MPES on output focus to an outcomes focus and performance, financials, staffing levels, incorporates outcomes, outputs, strategies complaints and activity against the and performance measures. Ministerial Direction. Within the new framework, the performance PERFORMANCE AND OVERVIEW ORGANISATION B. ACTP also reports on the Purchase Agreement measure indicators have remained relatively in its Annual Report, which can be viewed at unchanged from the 2014–15 Purchase http://www.police.act.gov.au Agreement, with some minor amendments.
The 2014–15 Purchase Agreement was signed Firstly, the indicators relating to police by the former MPES Simon Corbell, together responsiveness were simplified and amended with the former AFP Commissioner Tony in recognition of the current operating Negus and CPO for the ACT, Rudi Lammers on environment. In addition, two new indicators 23 June 2014. were introduced under the new output “Public Order and Emergency Management”: Negotiations for the 2015–16 Purchase Agreement took place throughout 2014–15 1. percentage of the community satisfied culminating in the 2015–16 Purchase with police in dealing with public order Agreement being signed on 3 June 2015 by problems; and the MPES Joy Burch, together with the AFP 2. review and testing of arrangements Commissioner Andrew Colvin and CPO for the for responding to and recovering from ACT, Rudi Lammers. emergencies and disasters.
ACT Policing Performance Measure Review The new Performance Measure Framework Project and indicators will continue to evaluate how well ACTP is meeting the expectations of In January 2013, the then MPES approved a the ACT Government and the community to proposed review of the ACTP performance keep the ACT one of the safest places to live measures to be undertaken jointly by the in Australia. JACS Directorate and ACTP. The focus of this review was to assess the appropriateness ACT Policing Enabling Services Rebasing of the performance measures in the annual Project Purchase Agreement. In December 2012 the Australian National The review considered the following: Audit Office (ANAO) reported on its audit of the • the background to the provision of policing effectiveness of the AFP’s management of the services in the ACT; delivery of policing services to the ACT.
• ACTP’s operating environment; The ANAO recommended that the AFP take • a 10 year analysis of ACTP’s performance appropriate steps to document the approach against performance measure indicators; taken in arriving at the price for the provision of policing services in the Purchase Agreement;
Justice and Community Safety Directorate Annual Report 2014-15 41 and agree the cost base for enabling services • creating a safer, more secure community with the ACT Government. – supporting victims of crime, making buildings and public places safer and In response to this recommendation, ACTP, ensuring cars are secure. the JACS Directorate and the Chief Minister, and Treasury and Economic Development The strategy incorporates a comprehensive Directorate (CMTEDD) formed a Steering action plan which links core crime reduction Committee to develop an agreed costing and prevention measures to each of the three model for enabling services. objectives. The action plan identifies the activities, the responsible agencies and the KPMG was engaged to undertake a review milestones or targets for each activity. of the proposed AFP enabling services costing model. KPMG completed its review The 2013–14 Progress Report on the in July 2014 and found that in general the strategy was tabled in November 2014 and costing methodology achieves the objective demonstrated that the ACT Government has of attributing shared AFP and ACTP costs on a made strong in-roads against property crime marginal basis. by continuing to build on and implement projects, programs and actions identified The MPES agreed to the proposed enabling in the strategy’s action plan. The report services costing model in June 2015. The indicated that the ABS Recorded Crime – outcome of the project demonstrated Victims Australia 2013 results show: an estimated increase in costs of $1.25m in 2014–15 and $1.73m in 2015–16 ongoing. • a 51.2% decrease in burglary victims (2 069 As a consequence of the review, the acting ACT victims of burglary, compared to Treasurer agreed to provide a Treasurer’s the 2010 baseline year of 4 240 victims); and Advance of $1.25m on behalf of the Territory • a 49.3% decrease in victims of motor to meet cash requirements for the shortfall in vehicle theft (675 ACT victims of motor funding of ACTP enabling services provided by vehicle theft down from 1 331 victims in the AFP in 2014–15. the 2010 baseline year).
Property Crime Reduction Strategy 2012–15 These results reflect the collaborative whole-of-Government effort that has been The strategy aims to make Canberra a invested to reduce property crime and safer place to live through a collaborative, increase community safety in the ACT. whole-of-government effort to produce a sustainable reduction in burglaries (down During 2014–15, the Directorate, along with 10%) and motor vehicle thefts (down 20%) other Government agencies, continued to from a 2010 baseline (based on ABS Recorded administer a range of action items as detailed Crime – Victims Australia 2010). The strategy is in the Property Crime Reduction Strategy – driven by three objectives: Action Plan, which is nearing its completion date of 31 December 2015. A new strategy • stopping the cycle of offending – will be developed in 2015 to be released in justice reinvestment; early 2016. • engaging the disengaged – the role of early intervention; and
42 Justice and Community Safety Directorate Annual Report 2014-15 Engine Immobiliser Scheme High Density Housing Safety and Security Project LPP oversees arrangements for the ACT Engine Immobiliser Scheme (ACTEIS). The The High Density Housing Safety and Security scheme is designed to encourage private ACT Project, operating since 2008, works to residents to install an immobiliser using a reduce contact with the criminal justice Government subsidy with the aim of reducing system, increase community safety and build the number of motor vehicle thefts in the ACT. community connectedness. This project is The ACTEIS is administered by the Council of recognised as a practical example of justice the Aging under a Service Funding Agreement reinvestment in action. with the Directorate. The 2015–16 Budget provided $366 000
The scheme provides a $200 voucher over two years to continue the project while PERFORMANCE AND OVERVIEW ORGANISATION B. for the fitting, by registered fitters, of an it is evaluated. The Australian Institute of immobiliser that meets Australian standards. Criminology has been commissioned to In the 2014–15 financial year, 28 engine conduct an evaluation to examine if the immobiliser vouchers were issued to eligible project is achieving the following objectives: vehicle owners as part of the ACTEIS. • to prevent and reduce opportunities for crime; Home Safety Program • to promote community safety and security; The program provides comprehensive Home • to develop pro-social and law-abiding Safety Information Packs to vulnerable community engagement; and or at-risk ACT residents on ways to make their homes safer and more secure. Where • to facilitate residents’ access to health, appropriate, the program provided assistance mental health, and education and to those most in need to improve the employment services. safety and security of their premises by The project is a collaborative effort between conducting face-to-face home safety and the JACS Directorate, ACT Housing, ACT security assessments. Health, ACTP and Reclink Australia Inc to In the 2014–15 financial year, the Home address crime and anti-social behaviour in Safety Program: seven high-density housing complexes on Ainslie Avenue. • distributed 13 066 Home Safety Information Packs by mail; and Activities undertaken as part of this • conducted 15 home safety and project in 2014–15 included the delivery security assessments. of a WoodWork Shed Project at Currong Units/Kanangra Court, which provides an Additionally, the program has a website opportunity to engage participants in basic (http://www.homesafety.act.gov.au) that building and construction. The Workshop provides information about the program and participants built and donated a garden useful information on methods of improving bench and chess game for the Ainslie Primary home safety and security. School fete raffle. The proceeds from the raffle were again given to the Ainslie Primary School’s ‘kids doing it tough’ fund.
Justice and Community Safety Directorate Annual Report 2014-15 43 Attorney-General Simon Corbell with two Ainslie Primary School students on the garden seat constructed as part of the High Density Housing Project.
Other activities included: • a monthly ‘run, roll or walk’, which involved Ainslie Avenue residents engaging in physical activity as a group; • partnering with Australian Red Cross to deliver food education, healthy diet and referral service as part of the WoodWork Shed Project, and • the maintenance and enhancement of the community gardens developed at Kanangra Court and Jerilderie Court.
The work of the High Density Housing Project continues to be recognised as a key action item of the ACT Property Crime Reduction Strategy 2012–15.
44 Justice and Community Safety Directorate Annual Report 2014-15 High Density Housing Safety and Security Project – ACT B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B.
Rebecca has been homeless from age 14 and has faced myriad challenges throughout childhood and her adult life.
Rebecca, now over 20 years old, has become an ACT inner north resident and engaged with Reclink Australia via one of our neighbourhood garden projects.
Rebecca’s passion and skills for gardening were obvious immediately and with a little support and instruction, she has upgraded the irrigation systems on all the garden beds at her residence and has assisted Bega Court residents in the construction and planting out their garden beds.
Flow-on effects have included Rebecca becoming employed part-time which has included working at Canberra’s premier gardening event ‘Floriade’ and her recently enrolling and completing a Certificate III Course in Horticulture at CIT.
Ongoing achievements have included achieving her driver’s licence and completing a Certificate IV in Small Business Management, strengthening Rebecca’s long term goals regarding permanent employment. Rebecca is now operating her own gardening business.
It is important to note that Rebecca is currently assisting teachers and primary age students at the Ainslie School with their garden project which is supported by Reclink Australia.
When approached regarding this profile, Rebecca stated “Things are really falling into place which makes me stronger and more determined to achieve my goals, a big thank you to Reclink Australia”.
Justice and Community Safety Directorate Annual Report 2014-15 45 ACT Road Safety Strategy 2011–20 included performance data and information on key programs and other initiatives The strategy provides the policy framework for delivered or developed in 2013. addressing road safety issues in the ACT. The strategy’s goals are to: In June 2014, the 2013 ACT Road Crash Report • contribute to a national reduction in the was released. The report showed that in 2013 annual number of fatalities and serious there were 7 863 on road recorded traffic injuries of at least 30% by 2020; crashes which involved 15 399 vehicles and resulted in 792 casualties, including seven • develop an ACT community that shares the fatalities and 140 hospital admissions. responsibility for road safety; and • develop an approach that involves all A strategic indicator is the number of road stakeholders working together to improve deaths per 100 000 population. The table road safety. below compares ACT figures with national figures to the end of June 2015. The National Road Safety Strategy includes a requirement for each minister responsible Key actions taken to support the road safety for road safety to report annually to their strategy in 2014–15 include: parliament on progress in road safety, • the development of an ACT Road Safety including reporting against national Camera Program; performance indicators. In September 2014, • the road safety awareness program and the ACT’s second annual report card was Yellow Ribbon Road Safety Week; and tabled in the Legislative Assembly which was focused on the 2013 calendar year. The report • the commencement of a two-year motorcycle lane filtering trial.
Figure 2 – Australian Capital Territory
46 Justice and Community Safety Directorate Annual Report 2014-15 Road Safety Camera Program The first deployment principle is to target roads with a history of crashes and speeding. The ACT road safety camera program The second is to use mobile cameras to complements police enforcement complement and support police enforcement. as part of the Government’s speed The third is randomly selected roads, in management approach. support of the ‘anywhere, anytime’ approach. ACT ROAD SAFETY CAMERA STRATEGY The split of operations across the three deployment principles will be a third each. The camera strategy was developed and tabled in the Legislative Assembly in May 2015 The Mobile Camera Deployment Strategy together with the University of New South provides for better targeting of the mobile cameras by using them at locations and Wales’ report on the evaluation of the camera PERFORMANCE AND OVERVIEW ORGANISATION B. program and the Government’s Mobile times of day when crash rates are higher. For Camera Deployment Strategy. example, on weekends, the mobile cameras will be used to target holiday and recreation The camera strategy introduces several key traffic on roads such as the ACT section of the policy changes, such as allowing mobile Kings Highway and Tidbinbilla Road. camera use on any ACT road which meets operational and safety criteria and increasing The Mobile Camera Deployment Strategy is the number of hours of mobile camera being supported with the 2015–16 ACT Budget operations. It also provides for the use of fixed providing increased funding for mobile mid-block cameras only at locations with a cameras of over $1.3m over the next four known crash history or considered to be a years. This is expected to fund an additional high risk, given that these types of cameras four mobile camera operators and increase only have a limited, localised effect. mobile camera operations on ACT roads by up to 120 hours per week. Another key direction in the camera strategy is for an appropriately skilled independent Yellow Ribbon Road Safety Week 2015 consultant to develop improved placement LPP developed the ACT’s program for National criteria and review the locations of the existing Road Safety Week which ran from 3–10 fixed cameras — red-light, point-to-point and May 2015. The event is an initiative of Safer midblock cameras. Martin Small Consulting Australian Roads and Highways (SARAH) is undertaking this review which will be used which was established by Peter Frazer after his to determine whether any existing cameras daughter was killed in a crash on the Hume should be removed or relocated. Highway in 2012. Some of the highlights MOBILE CAMERA DEPLOYMENT STRATEGY included national buildings being lit in yellow and yellow ribbons being displayed on police In consultation with ACTP and Access and emergency service vehicles. Canberrans Canberra, the JACS Directorate developed were also invited to take a pledge to share the the Mobile Camera Deployment Strategy road. A number of local celebrities including which was tabled in the Legislative Assembly ACT Brumbies Nic White and Matt Toomua, by Minister for Justice, Shane Rattenbury, and co-captain of the GWS Giants, Phil Davis in May 2015 to provide the framework signed the Share the Road Pledge, helping to for improved operation and strategic promote the message to the community. deployment of the mobile cameras. It will see the mobile cameras deployed to roads across the Territory based on three deployment principles.
Justice and Community Safety Directorate Annual Report 2014-15 47 Old Parliament House lit up in yellow as part of National Road Safety Week
Inquiry into Vulnerable Road Users • establishing and working with a reference group to progress a range of Consultation with key road user groups was cycling reforms. undertaken to develop the Government response to the Standing Committee on ACT Motorcycle Lane Filtering Trial Planning, Environment and Territory and Municipal Services report on the Inquiry into Motorcycle lane filtering involves a Vulnerable Road Users. The report contained motorcycle rider moving past stationary or 28 recommendations aimed at improving slow-moving vehicles in the same lane. The road safety for motorcyclists, cyclists JACS Directorate managed the development and pedestrians. and implementation of a two-year lane filtering trial, which commenced on The Government response was tabled 1 February 2015, including consultation and in September 2014 and agreed to 18 an education campaign. recommendations, agreed in principle to five recommendations and noted The media awareness campaign for the trial five recommendations. was launched in January 2015 aimed at making road users aware of the conditions A number of the recommendations agreed by of lane filtering and how to lane filter safely. Government have been progressed including: Road users were reminded to look out for • commencement of a motorcycle lane motorcyclists that may be lane filtering filtering trial; around them. The awareness campaign included television and radio commercials, • the Same Rights, Same Rules road safety print advertisements, posters and brochures. awareness campaign about sharing the roads; and
48 Justice and Community Safety Directorate Annual Report 2014-15 Work was also progressed in 2014–15 to develop a new road safety campaign about drug driving. An integrated campaign (including television) will be developed for broadcast in the 2015–16 financial year.
Strategic Objective 4 – Effective Regulation and Enforcement
The purpose of the trial is to investigate LPP provides support for the effective the road safety impact and benefits of regulation and enforcement of legislation allowing motorcyclists to lane filter in safe covering regulatory functions of the ACT B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. circumstances. The trial will be evaluated Government. This includes preparing policy at the end of the two year period. Further frameworks and legislation for addressing information is available at http://www. road safety issues in the ACT. Examples such justice.act.gov.au/page/view/3733/title/ as legislation to improve the effectiveness of act-lane-filtering-trial drink and drug driving laws and the Interlock Program complement the work of ACTP to Road Safety Awareness program improve road safety for all ACT road users. Additionally, LPP performs legislative reviews LPP coordinated the development and to ensure that the regulatory functions of delivery of the Government’s Road Safety Government are efficient and appropriate. Awareness Program which addresses key LPP also promotes integrity in regulated road safety issues identified in the ACT industries by addressing risks including from Road Safety Strategy. Media channels used organised crime. include TV, radio, web and social media, and roadside variable message signs. The program Legislative Amendments in 2014–15 included: During 2014–15, LPP assisted the Government • Share the Road – promoting the message in the development, explanation and of drive or ride – same rights, same rules, implementation of legislation relevant to clarifying that bicycles are legally classified effective regulation and enforcement. Notable as vehicles and have the same rights examples include: and must follow the same rules as other road vehicles. ROAD TRANSPORT AND RAIL LEGISLATION
• Stop Pushing the Limits – centred on a During 2014–15, LPP developed the Road question to drivers of what it would take Transport Legislation Amendment Bill 2015, for them to notice and comply with the which was introduced in June 2015. The speed limit. amendments are intended to improve road • Tailgating – highlighting the impact safety in the ACT and enhance effective of tailgating on the ACT community, administration and enforcement of the encouraging drivers to slow down and road transport legislation. They include provide a safe gap to the car in front. a new offence of drinking alcohol while • Motorcycle Lane Filtering – focused on driving a vehicle and banning the use of community awareness of the introduction petrol-powered bicycles on roads and and conditions of a two year motorcycle road-related areas. lane filtering trial. A number of amendments to road transport regulations were also progressed
Justice and Community Safety Directorate Annual Report 2014-15 49 during 2014–15, including amendments safety outcomes on Australia’s rail system, to allow driver licences to be issued with a reduce the regulatory burden on industry, non-residential address to judicial officers, allow operators to improve productivity and Director of Public Prosecution’s staff and efficiency, increase cost-effectiveness for certain police officers who may be at risk governments and create a single national from persons aggrieved by decisions or transport market in rail. Both the National Law actions of those officers, amendments and the National Regulation commenced in allowing defect notices to be issued for the ACT on 20 November 2014. vehicles fitted with obscured number plates or non-approved lights and amendments to To assist the Australian Railway Historical the licence requirements which apply to fifth Society ACT Division to comply with the wheel trailers. new national rail safety laws, including mandated radio communications equipment, These amendments promote personal the Government provided $50 000. The safety, improve road safety and align funding was for the purchase of an In-Cab licence requirements with requirements in Communications Equipment system for the other jurisdictions. Society’s 6029 Beyer-Garratt locomotive. The Society had spent seven years restoring the During 2014–15, LPP also progressed the 6029 Beyer-Garratt – the largest and most implementation of the Rail Safety National powerful steam locomotive of its class in Law and Rail Safety National Regulations Australia. The locomotive has been named within the ACT. The National Law and ‘City of Canberra’. National Regulations will deliver improved
Minister for Justice Shane Rattenbury with the restored locomotive named ‘City of Canberra’. [Photo – Howard Moffat]
50 Justice and Community Safety Directorate Annual Report 2014-15 LIQUOR LEGISLATION Strategic Objective 5 – Promotion and Protection of Rights and Interests The Liquor Amendment Bill 2015 was introduced in the Legislative Assembly in June 2015. The LPP plays an important role in ensuring that Bill will amend the Liquor Act 2010 to: the rights and interests of ACT citizens are • reform the function and membership of the promoted and protected. LPP assesses all Liquor Advisory Board; ACT legislation for compatibility with human rights. It also prepares legislation and policy • introduce secondary supply offences in on a number of rights-related issues, such relation to the supply of liquor to minors on as legislation promoting marriage equality, private property; amendments to crimes legislation on matters • strengthen the provisions which require of consent and the regulation of the handling B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. holders of liquor licences and permits to of private information by public sector be suitable people to hold such a licence agencies. LPP undertakes reviews of matters or permit. which impact on the rights and interests of the ACT community, such as the review of LPP also developed the Liquor Amendment the Victims of Crime Financial Assistance Regulation 2015, which commenced in Scheme and the review of ACT statutory office June 2015, to remove a prohibition on bars in holders involved in the protection of rights. the outdoor areas of licensed premises. In addition, it assists the Government to ROAD TRANSPORT POLICY respond to important national human rights policy issues such as the National Anti-Racism Road Transport Policy is responsible for the Strategy and the proposed amendments to provision of advice and the preparation of the Racial Discrimination Act 1975 (Cth). instruments in relation to vehicle registration and driver licensing policy issues. It Legislative Amendments coordinates briefings for the Transport and Infrastructure Council and the Transport and During 2014–15, LPP assisted the Government Infrastructure Senior Officials Committee and in the development, explanation and other national road transport reform forums. implementation of legislation relevant to promotion and protection of rights. Notable Through 2014–15 Road Transport examples include: Policy progressed: Judicial Commissions Amendment Act 2015 • road transport fee, charges, fines and commenced on 25 February 2016 and penalties amendments; amended the Judicial Commissions Act 1994 • motorsport declarations to support to create a statutory framework for handling motorsport activity in the ACT including complaints against judges and magistrates rally events and the Summernats in the ACT. The Amendment Act establishes Car Festival; a part-time Judicial Council which has • approval of parking authorities to allow powers to receive, investigate and report on private sector entities to operate ticket complaints and take appropriate action to parking schemes under the road transport address those complaints. It also includes law; and provisions allowing the Attorney-General to make arrangements for dealing with • declarations to disapply or vary parking complaints against presidential members arrangements around Manuka Oval of the ACT Civil and Administrative Tribunal to support national and international (ACAT). cricket matches and AFL pre-season and premiership season matches.
Justice and Community Safety Directorate Annual Report 2014-15 51 Human Rights Amendment Bill 2015 extends Changes included: the part 5A obligations on public authorities • lowering the cap on electoral expenditure to act and make decisions in accordance from $60 000 to $40 000 per individual with the right to education and to recognise candidate and capping party expenditure the unique and distinct cultural rights of at $1 million; Aboriginal and Torres Strait Islander peoples. • removing the $10 000 limit on donations; The Bill amends the preamble of the Act to • removing restrictions on donations from replace a reference to Indigenous people people outside the ACT on the basis that with a reference to Aboriginal and Torres these were unconstitutional; and Strait Islander peoples. The Bill also updates the table indicating the international law • strengthening reporting requirements. source of rights in schedule 1 of the Bill to Statutory Officer Holders make reference to the UN Declaration on the Rights of Indigenous Peoples. The Bill was The Government is responsible for tabling referred to the Standing Committee on Justice reports provided by the Commissioners within and Community Safety for consideration. the HRC under section 87 of the Human Rights The Committee is due to report by 30 Commission Act 2005. September 2015. No section 87 reports were tabled in 2014–15. Electoral Amendment Act 2014 notified on 18 August 2014, amended the Electoral Act Review of Statutory Office Holders Involved 1992 to increase the number of electorates in in the Protection of Rights the ACT from three to five. It provided for the The Government released a discussion paper election of 25 Legislative Assembly members, on a proposed model for a new HRC and an five members in each of five electorates. expanded Public Trustee. Electoral Amendment Act 2015 notified The changes proposed for the new HRC on 2 March 2015, amended the Electoral are intended to strengthen the overall Act 1992 in a number of areas, including oversight, leadership and accountability of the campaign finance, gifts to political parties and Commission’s operations and will support a candidates and reporting requirements. The more cohesive vision, voice and mechanism amendments implemented the Government’s for rights protection in the ACT. response to recommendations made by the Select Committee on Amendments to the Consultation on the proposed model ran Electoral Act 1992 in its report Voting Matters from 30 April 2015 – 12 June 2015. A total (June 2014) and by the Electoral Commission of 47 submissions were received and the in its Report to the ACT Legislative Assembly: Government is currently considering those Proposed changes to the Electoral Act 1992 submissions to develop a new model. (September 2014).
The Bill also includes a number of technical amendments to the Act to ensure consistency and clarity.
52 Justice and Community Safety Directorate Annual Report 2014-15 Review of Residential Tenancies Act 1997 Review of Victims of Crime Financial Assistance Scheme The Government commenced public consultation to inform its review of the In 2014–15, LPP undertook significant work operation of the Residential Tenancies Act and in-depth consultation to implement 1997. The terms of reference for the review outcomes of the review of the Victims of Crime address issues under four broad areas: Financial Assistance Scheme. This included • Fairness–whether the Act maintains an releasing the PriceWaterhouseCooper review appropriate balance between the rights of of the financial modelling for a new scheme tenants and lessors. and refining the proposed model based on community feedback. • Sustainability–the likely effects of
mandating or providing incentives to In March 2015, the Government announced PERFORMANCE AND OVERVIEW ORGANISATION B. lessors or tenants retrofitting sustainability that a new Victims of Crime Financial measures and whether the Act requires Assistance Scheme would be implemented amending to remove any impediments to with a commitment of $1.43m over four years sustainability measures. in the 2015–16 Budget. The new scheme • Share house tenancies–market issues in introduces two key changes: relation to share housing and whether the • moving from a court-based scheme to an Act requires amending to provide a simple administrative scheme to make the process legal framework for share houses. of accessing the scheme more user friendly, • Improvement in rental housing stock– timely and predictable; and options to improve the standard of rental • taking a fairer approach to eligibility properties and whether the Act or any other for recognition payments which would ACT laws require amending in order to lead broaden the range and number of victims to an improvement in the standard of rental eligible for these payments. housing stock. LPP has continued to work with key The review is being undertaken within a stakeholders, including the Victims of Crime human rights framework, with consideration Commissioner, as it progresses development being given to the right to adequate housing of legislation to implement the new scheme. as stated in article 11 of the International Covenant on Economic, Social and Cultural Rights.
LPP undertook public consultation between 24 July and 12 September 2014. The public consultation process included two public forums attended by approximately 40 people and the release of two discussion papers. One discussion paper focused on general issues relating to the Residential Tenancies Act. The other discussion paper focused on social housing issues relating to the Residential Tenancies Act. The JACS Directorate received 36 submissions and 94 responses to a web-based survey.
Advice is currently being prepared for the Government.
Justice and Community Safety Directorate Annual Report 2014-15 53 OUTPUT 1.2 – LEGAL SERVICES TO GOVERNMENT
Output Description of the two Deputy Chief Solicitors, who report directly to the Solicitor-General.
The provision of legal services to Government The Office of the Solicitor-General consists of is undertaken by the ACT Government legal and administrative staff of the ACTGS Solicitor (ACTGS) and the Solicitor-General for who provide support to the Solicitor-General the Australian Capital Territory. The ACTGS as well as enhancing the capability of was established as a body corporate by the the ACTGS in relation to the completion Government Solicitor Act 1989 to act as legal of more complex advices and public and practitioner for the Territory, its Ministers constitutional law litigation. and agencies. That Act was repealed and provisions governing the ACTGS are now in In addition, the executive section of the Law Officers Act 2011. the ACTGS provides whole-of-office organisational support. In addition to performing the role of Solicitor-General pursuant to the Law Officers Act, the Solicitor-General has been directed by Strategic Objectives, Priorities the Attorney-General (under the Law Officers and Performance Act) to perform the functions of the Chief Solicitor and accordingly is also responsible Priorities for the legal practice and management of the ACTGS. The ACTGS provided legal advice and represented the Territory and the various The ACTGS acts for the ACT Executive, all entities through which the Territory acts in the Government Directorates and agencies following matters: together with most statutory authorities. The ACTGS is a legal practice managed through Significant Commercial and ICT Projects three operational sections, together with the Office of the Solicitor-General: The ACTGS has provided legal services on the Supreme Court Redevelopment Project • Property and Commercial – focuses on being the ACT’s first Public Private Partnership commercial matters, procurement, major (PPP), working with an external legal provider projects, probity advice, land and property. on drafting of the project agreement and • Government Law – focuses on advice and providing input into the development of the litigation regarding administrative law and request for proposal document. regulatory functions. Within the expression of interest (EOI) and • Litigation & Dispute Resolution – deals with request for proposal (RFP) phases of the litigation concerning civil and commercial Capital Metro Light Rail Project the ACTGS has claims by and against the Territory. provided extensive procurement, contracting The conduct of the operational sections and associated legal services, including and the several practice groups that are with respect to the assessment of the EOIs, functionally aligned to the work undertaken preparation of the contractual documents by the ACTGS is generally the responsibility for the RFP release, management of external legal advice and providing legal advice on the
54 Justice and Community Safety Directorate Annual Report 2014-15 application and interpretation of Territory target sites and reducing user carbon footprint legislation relevant to light rail. through reduced emissions.
The ACTGS acted as the legal adviser to Provision of legal advice and preparation of the Territory on the finalisation of the sale contract documentation has been provided of ACTTAB Ltd including preparing sale by the ACTGS for the lease and maintenance documents, advising on the sale process, of haemodialysis machines, provision of novation of business agreements and company acute in-centre haemodialysis, including wind down matters. It has also acted as legal plasmapheresis at the Canberra Hospital adviser on a range of investment and financial Belconnen and Tuggeranong satellite custodial matters totalling in excess of $1b. haemodialysis units. In addition, ACTGS has provided legal advice and prepared a draft B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. The office has provided advice to the Territory contract for issue with the request for tender in relation to the University of Canberra’s for the procurement phase of domestic (UC) sale of its National Rental Affordability and environmental services for all Health Scheme credits to Westpac Bank, including Directorate facilities, including its hospitals. preparation of various ancillary documents, amendments to existing loan facilities and The ACTGS is providing legal advice and arranging loan repayment and discharge assistance concerning the negotiation of a of mortgage. new long term contract for the management and operations of the Mugga Land Landfill. The ACTGS has been working closely with Territory Directorates to implement the ACT The ACTGS has also provided probity advice Government’s ‘cutting red tape’ initiative in respect of a number of key commercial, in service funding agreements, which has construction and infrastructure projects being included advising on and drafting a suite delivered for the Territory. of new agreement and grant templates for service funding arrangements according to Asbestos Response Taskforce risk and financial thresholds and ongoing The ACTGS provided advice to the advice to the ACT Funding Managers Network Asbestos Response Taskforce on a range on a range of complex and strategic issues. of matters during policy development The ACTGS has acted as legal adviser for and the establishment of the Buyback the procurement of a new ICT Government Scheme including developing precedent Budget Management System designed documents for delivery of the scheme. The to replace the current Territory budget office also provided legal advice in relation financial management system with a whole– to the negotiation and drafting of the loan of-government system solution. The ACTGS agreement between the Commonwealth has acted as legal adviser and drafted the and the Territory in respect of the $1b loan to contract for an Electronic Tendering System facilitate the Buyback Scheme. and associated services for implementation in the Territory from 1 July 2015. This will Infrastructure and Construction bring the Territory’s tendering system into The ACTGS has acted as legal adviser to the line with other Commonwealth and State Health Directorate on the development of Governments in providing for an electronic contracts and procurement documentation tendering system. ACTGS has provided advice for the expression of interest and tender on the smart parking trial intended to inform phases for the design, construction the purchase of a smart parking solution and maintenance of the UC Public to improve the parking user experience, Hospital procurement. decreasing user travel times, congestion in
Justice and Community Safety Directorate Annual Report 2014-15 55 In addition, the ACTGS has provided legal Planning, Heritage and Tree Protection advice and drafting services to Territory agencies on major capital works projects Argos v Minister Simon Corbell representation including the Coombs School, the of the Minister and ACTPLA in the ACT Court of Health Directorate’s Health Infrastructure Appeal and High Court against a challenge to Program, the AMC redevelopment and the the decision of Minister Corbell from 2011 in establishment of building service panels for relation to the approval of a development at ACT Property Group. the Giralang shops. Gerondal v ACTPLA ACT Civil and The ACTGS has provided continuing advice ( on the large-scale wind energy generation Administrative Tribunal representation of facilities and Next Generation Solar facilities. ACTPLA in an application to review a decision The office has also provided legal advice on to terminate the residential crown lease of the the procurement of a supplier and the settling lessees (on the grounds of unclean block and of a contract for the supply of electricity to the incomplete construction for 30 years). ACT Government. Concerned Citizens of Canberra v ACTPLA (ACT Supreme Court) representation of Leasing, Land development and sales ACTPLA in an objection to the approval of the The ACTGS has provided advice, contract development of a mosque in Gungahlin, in the drafting and conveyancing on behalf of the ACT Court of Appeal. Land Development Agency (LDA) in relation to commercial, major residential and industrial Revenue urban infill blocks and greenfields sites in PAAN Investments Pty Ltd (In Liquidation) the ACT including sites in Hume, Kingston, and Commissioner for ACT Revenue Moncrieff, Campbell, Greenway and Coombs. The Liquidator of the Company and the The ACTGS has continued to provide Commissioner, through ACTGS, pursued a assistance to the LDA to facilitate the long claim against the Company’s directors and term development of land in northern accountant in the Federal Court to recover Molonglo Valley for new suburbs. The office payroll tax. These proceedings involved continues to provide legal support to Territory complex issues of insolvent trading, breach directorates and agencies regarding their of director duties and negligence claims subleasing and licensing arrangements. against the Company’s professional advisors. The parties reached agreement to settle the Occupational Licensing proceedings and the ACTGS assisted the Liquidator and the Commissioner in relation Koundouris v Constructions Occupations to a deed of settlement. Registrar is an ongoing review of a rectification order against the builder of a The ACTGS represented the Commissioner multi-storey residential unit complex. for ACT Revenue in various winding up proceedings and applications for the statutory B&T v ACT Planning and Land Authority sale of land to recover unpaid rates and taxes (ACTPLA) & Construction Occupations from taxpayers. Registrar proceedings involving the review of a rectification order against the builder The ACTGS advised and represented to of a multi-storey residential unit complex, Commissioner for ACT Revenue on the and related disciplinary proceedings against unimproved value of the Canberra Airport site. the builder.
56 Justice and Community Safety Directorate Annual Report 2014-15 The ACTGS advised and continues to advise Commissioner for Social Housing v Lysle on several complex payroll tax matters, examined the nature of the legal relationship including a long running matter that is now between landlord and tenant following before the Supreme Court. a self-executing conditional order and distinction between implied tenancy Employment and Industrial Relations and statutory tenancy – and the related application of the Human Rights Act 2004. The ACTGS provided advice and representation to directorates in relation to Community Housing Canberra v Dafalla & matters arising under the ACTPS Enterprise Elawad examined the status of a not-for-profit Agreements (EAs) and employment framework housing provider as a public authority under including disputes and applications brought the Human Rights Act 2004; it also looked B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. in the Fair Work Commission and Federal at whether community housing is a public Court. These included unfair dismissal function or whether community housing is and general protections claims as well as provided for or on behalf of government. applications for scope orders and protected industrial action (medical practitioners). Detainees
Public and Constitutional Law Lewis v ACT Magistrates Court contemplated whether a sentence ordered to be served by Jacka v Australian Capital Territory the periodic detention continues to run while an applicant sought special leave to appeal offender is released on bail. to the High Court from a decision of the ACT Court of Appeal which examined the Lewis v Australian Capital Territory cancellation of periodic detention and the examined whether imprisonment following adjudication and punishment of criminal purported cancellation of periodic detention guilt as an exclusively judicial function. The by a non-judicial body may be unlawful if it Court was asked to consider whether the is pursuant to an otherwise valid sentence cancellation of periodic detention is an imposed by a court. exercise of judicial or non-judicial power and Strano v Australian Capital Territory whether Territory judicial power affected by considered whether a successful appeal considerations arising out of Chapter III of against sentence of an inferior court, on the the Constitution in that cancellation may grounds of legal error, gives rise to a claim undermine the integrity of a superior court for damages for wrongful imprisonment. as the potential repository of federal judicial The court looked at the distinction between power. Special leave was refused on 14 appeal and judicial review and the distinction April 2015. between error within jurisdiction and jurisdictional error. Human Rights
The ACTGS provides legal advice on human Discrimination rights generally, including the right to privacy The ACTGS provided advice in relation of the home, or prohibition against unlawful to tuition fees for overseas students in and arbitrary interference with the home government schools focusing on the general and the duties of social housing providers as requirement that education in government public authorities. schools be free and the general right to education.
Justice and Community Safety Directorate Annual Report 2014-15 57 Picos v Servcorp & Ors the Federal Health Practitioner Regulation Court proceedings involved alleged sex discrimination, sexual harassment and issues The ACTGS continued to provide legal advice of vicarious liability including whether the and representation to the Australian Health Federal Court had jurisdiction prior to a Practitioner Regulation Agency (AHPRA) complaint being considered and referred by regarding the functions and administration of the Australian Human Rights Commission. It AHPRA and the various National Boards. The was also necessary for the court to consider ACTGS has also represented a number of the the distinction between the amendment of a National Boards in proceedings before the complaint, the addition of new respondents ACAT and the Supreme Court. and incorporation of new cause of action. Child Protection Wang v Australian Capital Territory an The ACTGS provided representation to overseas trained medical practitioner brought Care & Protection Services in a number of an application which raised the issues of applications to the ACT Childrens Court for whether a place of study is an attribute or Care & Protection orders under the Children correlate of ‘national origin’ or ‘race’, and and Young People Act 2008. The ACTGS also whether one form of treatment can constitute provided representation in Care & Protection both direct and indirect discrimination. appeals in the Supreme Court from Care and Protection orders made in the ACT Mental Health Childrens Court. Although there have been no major matters in the mental health jurisdiction during The ACTGS acted for Care & Protection the reporting period, the ACTGS continues Services in relation to a number of to provide advice and representation to applications for administrative review before Mental Health Services, including continuing the ACAT related to the revocation of approval advice in relation to the new secure mental as kinship of foster carers. health facility. Workplace Protection Orders
Housing There have been no significant matters in The ACTGS provided both legal advice and the Workplace Protection Orders jurisdiction. representation to the Commissioner of The ACTGS continue to provide advice and Social Housing in relation to matters in the representation to a wide range of agencies residential tenancies jurisdiction of the ACAT seeking workplace protection orders. arising under the Residential Tenancies Act Information Privacy and Access 1997. Advice and representation has also been provided to the Commissioner in respect of The Information Privacy Act 2014 commenced administrative review in the ACAT of decisions in September 2014. The ACTGS has conducted made under the Housing Assistance Act 2007. a number of training sessions for directorates The ACTGS has also provided advice and and agencies across the whole of government representation to the Commissioner in in relation to the application of the new Act relation to matters before the Supreme Court and continues to do so. The Act has also on appeal from decisions of the ACAT. had several implications for new Territory contracting arrangements, requiring updating to the ACTGS templates and advices specific to a range of contracts.
58 Justice and Community Safety Directorate Annual Report 2014-15 The ACTGS has worked closely with Disability The ACTGS also continues to handle a variety ACT to provide a number of advices on the of claims arising out of the provision of intersection of the Health Records (Privacy and educational services, public transport, social Access) Act 1997 and the Information Privacy housing and roads and infrastructure. Act 2014. Commercial Litigation The ACTGS provided advice and representation to directorates and agencies across whole-of- North Weston Pond government in relation to compliance with The ACTGS investigated the design and subpoenas and requests for information under construction of the North Weston Pond. This the Freedom of Information Act 1989. investigation identified issues of concern in relation to the environmental site assessment Coronial Inquests and Inquiries by SMEC Australia Pty Ltd and the audit of that PERFORMANCE AND OVERVIEW ORGANISATION B. assessment by CM Jewell & Associates Pty The ACTGS represented the Territory in Ltd. These issues not being resolved by the an Inquest into a death in custody at the companies, the Territory, through the ACTGS, Territory’s prison. The Coroner has now heard is pursuing a claim against these companies the evidence and will make findings after in the Supreme Court. In defending the those involved have exchanged submissions. Territory’s claim, the companies have The ACTGS also represents the Territory in identified Cardno Young Pty Ltd as bearing a number of other matters currently the some responsibility for the issues of concern. subject of investigation by the Coroner. The Territory continues to press its claim in These matters arise out of deaths at the Adult the Supreme Court and has been granted Mental Health unit at The Canberra Hospital leave to join Cardno Young Pty Ltd as a party. (TCH) (suicide), the Psychiatric Services Unit Star Electrical Co Pty Ltd (suicide) and the post-natal ward at TCH. The ACTGS defends the Territory in formal The ACTGS will represent the Territory in any private arbitration of a delay and disruption subsequent inquests. claim brought by this company against the Territory in relation to electrical works Civil Claims carried out at Gungahlin College in 2010. The The ACTGS is currently handling a number Territory failed in a preliminary application of complex medical negligence claims. to the Arbitrator to strike out the company’s These include claims which raise allegations claim and the ACTGS continues to defend the of negligence in the birth process, in the Territory against the claim. diagnosis and treatment provided prior to Delnas Pty Ltd birth and in the treatment and care of patients The ACTGS is defending the Territory in following an initial traumatic injury, leading, it Federal Court proceedings brought by this is said, to adverse outcomes. company against the Territory in relation to The ACTGS represents the Territory metal roofing and skylight works carried out (represented by ACT Health) in Federal Court by the company at Gungahlin College in 2010. proceedings involving a contractual dispute The claim is being resisted. in relation to a Visiting Medical Officer who is seeking substantial damages. Other current/future claims The ACTGS continued to investigate a number The ACTGS is currently handling a number of other claims or potential claims both of claims by inmates who allege a failure against and by the Territory that have arisen to provide appropriate care at the from both major capital works and building Territory’s prison. construction works.
Justice and Community Safety Directorate Annual Report 2014-15 59 Performance
ACTGS Performance Indicators
Tables 1 and 2 provide a comparison of work output and other performance information between 2014–15 and previous financial years. The statistics reflect the increased volume of work being undertaken by the ACTGS.
Table 10 – Performance Indicators
2012–13 2013–14 2014–15 Opinions given 2102 2553 2342 Agreements drawn/settled 300 487 502 Instruments settled 28 51 61 Court/Tribunal attendances 1871 1902 1553 Actions completed 325 220 229 Claims finalised 7 16 40 Revenue recovered $1 090 470 $976 981 1 655 464 Revenue saved $30 137 471 $18 953 337 23 652 197 Criticisms 2 0 0 Compliments 82 102 66 Contract Values $1 348 855 265 $78 254 996 $2 540 476 453 Mortgages discharged 34 26 17 Client Training 38 32 20
Table 11 – Timeliness of Opinions Provided
2012–13 2013–2014 2014–15
Opinions provided Number % Number % Number % Urgent 597 28 761 30 737 31
Within 7 days 668 32 799 32 654 28
From 8 – 28 days 545 26 628 24 625 27
From 28 to 56 days 190 9 229 9 200 9
56 + days 102 5 136 5 126 5
TOTAL 2 102 100 2 553 100 2 342 100
60 Justice and Community Safety Directorate Annual Report 2014-15 Solicitor-General for the ACT other sensitive litigation as well as advising on a range of commercial matters. The Law Officers Act 2011 commenced on The Solicitor-General also participates 31 August 2011 and created the role of in meetings of the Special Committee of Solicitor-General for the Australian Capital Solicitors-General which reports to the Territory. The Solicitor-General acts as Standing Council on Law and Justice (formerly counsel for the ACT, the Crown in right of the Standing Committee of Attorneys-General). the ACT and any other ACT entity, as well The Special Committee meets regularly to as performing other functions as directed review current constitutional cases across all by the Attorney-General. The former Chief Australian jurisdictions and consider issues Solicitor of the ACTGS was appointed as the referred to it or which arise and warrant first Solicitor-General and, in accordance with PERFORMANCE AND OVERVIEW ORGANISATION B. consideration by the Special Committee on its a direction from the Attorney-General, also own motion. The Special Committee provides exercises the functions of Chief Solicitor. legal advice when requested on legal issues The Solicitor-General has appeared in and reform proposals of national effect. proceedings on the Attorney-General’s behalf The Solicitor-General continues to be and for the ACT in the Supreme Court and responsible for the management and legal High Court during the year, notably including practice of the ACTGS and lead structural and a challenge involving the consideration associated change processes to best position of the nature of the judicial power in the the ACTGS to continue to deliver high quality Territory. The Solicitor-General appears and and cost effective legal services to the ACT advises on a wide range of matters including Government into the future. constitutional, human rights, public law and
Lisa Tomlins and Nigel Oram of the ACT GS. [Photo: Peter Williams]
Justice and Community Safety Directorate Annual Report 2014-15 61 OUTPUT 1.3 – PARLIAMENTARY COUNSEL’S OFFICE
Output Description • comprehensive ACT legislative material and information are readily accessible, The Parliamentary Counsel’s Office (PCO) is particularly on the ACT legislation register. responsible for the provision of high quality Drafting and timely legislative drafting and publishing services for ACT legislation and maintenance Significant Bills prepared in 2014–15 on of the ACT legislation register. instructions from LPP are outlined under Output 1.1.
Strategic Objectives Priorities Significant Bills prepared in 2014–15 for and Performance other agencies include the following [in chronological order of presentation]: The PCO contributes to all JACS strategic • Planning and Development (Bilateral objectives by virtue of its role in supporting Agreement) Amendment Bill 2014 the JACS Directorate. streamlines the environmental assessment and approval processes However, more broadly the PCO’s objectives under the Planning and Development are to draft and publish legislation for the Act 2007, incorporating requirements Government in accordance with its legislation from the Environment Protection and program and for individual members of the Biodiversity Conservation Act 1999 (Cwlth). Assembly and the courts, ensuring that: Two bilateral agreements between the • ACT laws give effect to their intended policy Territory and the Commonwealth mean objectives, and assist in compliance and a single environmental assessment and efficient administration; approval process can be administered by • ACT laws are legally, including the Territory. constitutionally, valid, and can withstand • Nature Conservation Bill 2014 replaces vigorous scrutiny; the Nature Conservation Act 1980, provides • ACT laws are clear and simple, reflecting for the protection and management best-practice drafting; of native plants and animals, the • ACT laws form a cohesive statute book of identification and protection of threatened the highest standard; species and ecological communities, management of national parks and nature • new ACT legislation and other legislative reserves, conservation of the Territory’s material (for example, Bills and explanatory natural resources and management of statements) are notified efficiently on the biodiversity in the ACT. The Bill streamlines ACT legislation register; and updates nature conservation processes • ACT legislation, as originally made and and procedures, such as aligning ACT as in force from time to time, is readily processes for listing threatened species accessible, particularly on the ACT and ecological communities with legislation register; and Commonwealth processes and making changes to the role of the conservator.
62 Justice and Community Safety Directorate Annual Report 2014-15 • Public Pools Bill 2014 replaces the Public • Mental Health Bill 2015 consolidates Baths and Public Bathing Act 1956, parts the Territory’s mental health legislation 2 and 3 (about public baths), establishes into a single, contemporary statute and a modern administrative framework to enhances a number of provisions in current support contemporary management mental health legislation, such as the rights practices for territory-owned public pools. and other interests of persons subject to • Public Sector Bill 2014 replaces the Public emergency detention and the delivery of Sector Management Act 1994, simplifies the services by private psychiatric facilities. employment framework for all ACT public This Bill is a companion piece to the Mental sector entities (other than Territory-owned Health (Treatment and Care) Amendment corporations). The Bill formally establishes Bill 2014, with both Bills expected to the ACT public service, creates new public commence in November 2015. PERFORMANCE AND OVERVIEW ORGANISATION B. sector principles, applies the public service • Red Tape Reduction Legislation values to the whole of the public sector, Amendment Bill 2015 is one of a number creates the office of the public sector of Bills aimed at reducing regulatory standards commissioner, establishes a requirements that add unnecessary senior executive service within the public administrative and compliance costs for service, removes the concept of ‘office’ to business, the community and Government. facilitate staff mobility across directorates, For instance, the Bill amends references in and amends the concept of ‘merit’ to focus territory law requiring public notification on outcomes. in a newspaper to allow notification • Planning and Development (UC and by other means (e.g. notice on an ACT Other Leases) Legislation Amendment Government website). Bill 2015 is one of a number of changes Also, the Annual Reports (Government being made to legislation to enable Agencies) Notice 2015 was released as an the UC to achieve the outcomes of the exposure draft. university’s campus master plan via a new leasing model. The new leasing model is The PCO prepared a large number of likely to be of relevance to other lessees in Government Bills for the June 2015 sitting the future. week, with eight Bills presented on one day. • Gaming Machine (Reform) Amendment In 2014–15, PCO prepared Bills on instruction Bill 2015 amends the Gaming Machine from executive and private members of Act 2004 to give effect to parts of the the Legislative Assembly, with two Bills Gaming Machine Reform Package presented in the Assembly. Also, the Drugs announced by the Government on 2 of Dependence (Cannabis Use for Medical October 2014. Specifically, the Bill enables Purposes) Amendment Bill 2014 was released the implementation of a gaming machine as an exposure draft. trading scheme, enhances the existing licensing framework, amends taxation Technical Amendments Program measures and reduces the number of The PCO has achieved further legislative authorisations available for gaming reform through its ongoing technical machines in the ACT. amendments program. The program provides for amendments that are minor or technical, and non‑controversial. In a flexible and cost-effective way, this program serves the
Justice and Community Safety Directorate Annual Report 2014-15 63 important purpose of improving the overall Notifications quality of the ACT statute book so that Territory laws are kept up-to-date and are Under the Legislation Act 2001, the making of easier to find, read and understand. all ACT Acts, subordinate laws, disallowable instruments, notifiable instruments, approved Statute law amendment Bills were presented forms and commencement notices must be in each sitting of the Legislative Assembly electronically notified and an authorised and further technical amendments were version of the text of the law or instrument included in other amending legislation published on the ACT legislation register. where appropriate. During 2014–15, the PCO notified Republications 1 370 newly made Acts, subordinate laws and other instruments (including So as to support open Government, explanatory statements). the PCO follows a strict point-in-time publishing policy so that an up-to-date, ACT Legislation Register authorised version of each amended Act or subordinate law is republished on the day the Register Usage amendment commences. This financial year register usage has risen The PCO places high importance on the with an increase in hits (connections to the currency of republications made available register) and requests (hits that successfully to users of the ACT legislation register. retrieve content) compared to last During 2014–15, new versions of amended financial year. legislation were made available to users on the day the versions became effective, in the form of 422 separate republications.
Figure 3 – ACT Legislation Register Usage
64 Justice and Community Safety Directorate Annual Report 2014-15 ACT Legislation Register Replacement of stages 2, 3 and 4 so that users can take Project advantage of the upgraded system at the earliest time. During 2014–15, the PCO continued a project to provide for the replacement of the ACT Backcapture legislation register and its supporting systems. The register and website systems are more The PCO continues to add superseded than 12 years old, and are a sophisticated point-in-time republications of ACT Acts and set of interrelated systems that support the subordinate laws to the register. drafting, notification, republication and repeal of all ACT legislation. The project will ensure Office Performance – Client Satisfaction critical services provided by this system are
The PCO conducted three client satisfaction PERFORMANCE AND OVERVIEW ORGANISATION B. maintained and that the technology platform surveys in May 2015—a legislation register used to deliver these services is sustainable. survey, a notification service survey and a In addition, a range of features will align legislative drafting service survey—targeting the register with user needs including the PCO’s main client groups. Overall, 93% modern search capabilities, compliance with of clients were satisfied with the legislative Web Content Accessibility Guidelines, the drafting and publishing service provided by ability for users to subscribe to alerts when the PCO. The main outcomes for each survey content changes, and compatibility with are outlined below: mobile devices. ACT Legislation Register Survey The project is divided into three phases running through to 2017–18. • 97% of respondents use the register to access current legislation, 53% also access • - planning and analysis, Phase 1 historical legislation; hosting platform upgrades and procurement activities; • 98% of respondents use the register for work purposes; • Phase 2 - solution-specific design and implementation planning, iterative • 48% of respondents used the register implementation and data migration and search engine; preparation for transfer to business as • many respondents commented that the usual; and register was easy to navigate, intuitive • Phase 3 - transition to business as usual and they liked the immediate access to and support arrangements. current information; • several respondents liked the way users can This financial year, the PCO completed phase look up things by letter or by responsible 1 activities with the release of a Request for directorate. They also like the way users can Tender which yielded a good response from look up all instruments under a particular the market. After a thorough evaluation Act, or by type of instruments, or by letter; process, a preferred vendor was identified and contracted over the next three years to • other respondents liked the provide a replacement register system and comprehensiveness of the register, support services. including access to historical legislation; • some respondents would like an alert Phase 2 works commenced in April and have service for new legislation; and progressed well and in accordance with the agreed schedule. It will be undertaken in 4 • some respondents would like to have stages with the developed system deployed legislation in HTML format. for production incrementally at the end
Justice and Community Safety Directorate Annual Report 2014-15 65 Notification Service Survey • 98% of satisfied respondents rated the • 100% of respondents rated the overall timeliness of PCO’s drafting service as notifications service provided by PCO as excellent excellent/good; The results of the surveys, including the • 91% of respondents rated the timeliness of comments and suggestions, will help inform PCO’s notification services as excellent; and priorities for development and improvement • 91% of respondents indicated they have an in the coming financial year. excellent/good working relationship with The PCO will also continue to work hard to PCO staff. preserve the important things that survey respondents have identified as highly valued Drafting Service Survey in our working relationships and service. • 98% of respondents were satisfied with PCO drafting services with 69% rating the Office Performance – Timeliness service as excellent The PCO exceeded its performance targets for • 88% of respondents rated as excellent the timely work in 2014–15. The PCO’s timeliness willingness of PCO staff to assist performance indicators measure the • 77% of respondents rated as excellent their timeliness of the PCO’s legislative drafting and working relationship with PCO staff publication service.
Table 12 – PCO Timeliness
Timeliness indicator Target Actual result % of drafting responses provided within 30 days 95% 99% % of notifications notified on the ACT legislation register on 99% 100% requested notification day % of republications of changed legislation published on ACT 99% 100% legislation register on the day the change happens
66 Justice and Community Safety Directorate Annual Report 2014-15 OUTPUT 2.1 – CORRECTIVE SERVICES
Output Description neither the Directorate nor the Government can control all of the factors that impact ACTCS is responsible for the provision of on community safety, effectiveness can be safe and secure custody for detainees with a measured by examining the level of crime strong focus on the delivery of rehabilitative, against people and property and whether the educational and vocational programs, justice system deals with offenders in a way effectively managing un-sentenced offenders that reduces the risk of further offending. and community based corrections programs, ACTCS is an integral part of the justice PERFORMANCE AND OVERVIEW ORGANISATION B. and providing advice and services to the ACT system. ACTCS involvement with an offender justice system. commences once the Court has made its decision. The diagram below provides a Strategic Objectives, Priorities basic overview of an offender’s interaction and Performance with ACTCS. It does not provide visibility of the administrative or operational processes associated with offender management. Strategic Objective 2 – Safe Community
An effective criminal justice system underpins the safety of the community. Although
Figure 4 – Offender Pathway
Justice and Community Safety Directorate Annual Report 2014-15 67 Functional Overview • commenced development of Operational Plans to support the business plan, The Executive Director of ACTCS manages all focusing on the operational areas, Custodial executive functions of the agency, incorporating Operations and Community Corrections; both operational and non-operational areas. Operationally, the Executive Director is assisted • introduced a new offender program – by two General Managers: Domestic Abuse Program – which provides a credible, structured group program • the General Manager, Custodial Operations for higher-risk offenders convicted of an (responsible for the AMC, the Periodic offence against a female intimate partner; Detention Centre (PDC) and the Court Transport Unit (CTU); and • conducted in-prison polling for the first time for the Aboriginal and Torres Strait • the General Manager, Community Corrections Islander Elected Body elections; (responsible for the Probation and Parole Unit, the Community Service Work Unit and • undertook specific recruitment activity to support operational activity to meet the Sentence Administration Section). increasing demand; and The non-operational areas enable the • developed and communicated to all organisation in its service delivery through staff the ACTCS Business Plan which sets the provision of administrative functions the business outlook and operational associated with workforce development and environment and provides a number of training, policy and government, compliance strategic themes and priorities to guide and assurance and financial management. efforts through 2014–16.
Achievements ACTCS faced a number of challenges in 2014–15, particularly from increased ACTCS continued to achieve a range of detainee numbers and staffing pressures. successful outcomes during the year (some of which are described in more detail throughout Alexander Maconochie Centre Output 2.1): The AMC became operational in 2009 and is the • commenced construction of the additional ACT’s primary adult correctional centre. The facilities at the AMC; AMC caters for the full time custody of male and • continued the Extended Throughcare female remand and sentenced detainees of Pilot Program and procured the services all security classifications in a secure and safe of the Social Policy Research Centre to environment. The philosophy underpinning undertaken the evaluation of the program; the design and operation of the AMC focuses • progressed discussions on the Needle on detainee rehabilitation, detainee health and Exchange Program; wellbeing, as well as human rights. • responded to the requirements of the The AMC is a campus style correctional centre Auditor-General review of rehabilitation of comprising freestanding buildings both within male detainees at the AMC; and outside the perimeter fence, occupying • upgraded the security system and mobile a total area of approximately 60 hectares. duress alarm at the AMC; The area within the perimeter is divided into precincts or zones, with both remand and • progressed the Corrective Services sentenced detainee accommodation of two Information Management System Project; types – cottage units and cells. In the cottages, • adapted the operation of the Periodic detainees are able to participate fully in Detention Centre to accommodate the running of their unit, including meal full-time detainees; preparation and laundry.
68 Justice and Community Safety Directorate Annual Report 2014-15 Table 13 – Daily Average Sentenced Detainee Population
2012–13 2013–14 2014–15 Non-Indigenous Male 140.00 185.96 179.90 Aboriginal and Torres Strait Islander Male 27.09 39.04 43.80 Non-Indigenous Female 8.13 10.38 10.40 Aboriginal and Torres Strait Islander Female 1.39 1.16 2.00 Unidentified Male 3.16 4.29 4.30 Unidentified Female 0.00 0.00 0.00
Total 179.77 240.83 240.48 PERFORMANCE AND OVERVIEW ORGANISATION B.
Table 14 – Daily Average Unsentenced Detainee Population
2012–13 2013–14 2014–15 Non-Indigenous Male 62.26 65.17 71.97 Aboriginal and Torres Strait Islander Male 17.73 16.69 20.55 Non-Indigenous Female 3.16 4.13 5.01 Aboriginal and Torres Strait Islander Female 0.54 1.76 1.32 Unidentified Male 2.13 2.59 3.07 Unidentified Female 0.55 0.18 0.01 Total 86.37 90.52 101.94
Table 15 – Breakdown by Maximum Imprisonment Period for Full-Time Detainees (as per snapshot on 30/6/2014 and 30/6/2015)
2012–13 2013–14 2014–15 Unsentenced 90 88 109 < 2 years 79 86 84 2 to 5< Years 68 73 81 5 to <20 Years 57 73 74 20 Years + 4 6 6 Life 4 4 4 Total 302 330 358
Average daily numbers have risen from existing facility is already used for periodic 228 in 2010–11 to 331 in 2013–14 and 342 detainees on weekends and was modified to in 2014–15. In June 2015, numbers reached house detainees on a full-time basis from early as high as 369. This intense accommodation June 2015. pressure required the Government to utilise the small prison facility at Symonston. This
Justice and Community Safety Directorate Annual Report 2014-15 69 Contraband strategies Notwithstanding interim arrangements to increase bed capacity through the installation Intercepting prohibited or ‘contraband’ items of additional bunks in some cottage such as illicit drugs, drug paraphernalia and bedrooms and cells, long-term infrastructure technology (such as USBs and mobile phones) was required to deal with the dramatic rise in is one of the most challenging functions detainee numbers. undertaken by Corrections agencies. ACTCS has a range of physical (e.g. the fence line), Through a flexible approach to design, these static (e.g. x-ray machines) and dynamic (e.g. new facilities have features that will improve searches and drug dogs) security measures in separation and segregation capabilities. place to contain detainees and prevent entry A hub-and-spoke design will split the of prohibited items to the AMC. cells in each building across a number of independent wings. Simpler, more efficient ACTCS also works closely with ACTP in support detainee management will be enhanced, for of drug and other contraband interdiction example, by the inclusion of programs and measures, including by sharing information interview rooms in each new facility which will and providing assistance with the execution of reduce the need for escorts to the dedicated search warrants at the AMC. This co-operation programs building. is facilitated through a Memorandum of Understanding between the two agencies. The project is progressing well. The Special Care Centre will come on-line in the second In June 2015, ACTCS introduced the analysis half of the 2015 calendar year while the iBase tool which pools data from various second accommodation unit is on-target to be iBase sources for intelligence reporting. assists completed in the first half of 2016. to better manage detainees and facilitates collaboration with external agencies. Final testing of the new system is underway and the tool will be fully deployed in early 2015–16.
AMC Expansion
The ACT Government has provided $54 million in capital funding across the 2014–15 and 2015–16 budgets to build new accommodation facilities at the AMC.
This capital funding provides for the construction of a new 30 cell Special The first of two new accommodation units at the AMC Care Centre and a new 56 cell flexible takes shape. The project is expected to be completed Accommodation Unit within the existing mid 2016. AMC in response to increasing detainee numbers. These facilities will provide up to Detainee Numbers Forecasting 142 additional operational beds across two buildings. This expansion will see the AMC In support of the additional facilities project, total beds increase from the current total bed ACTCS engaged John Walker Crime Trends number of 370 to a capacity of 512. Analysis, an external consultancy, to explore the drivers of imprisonment rates including Construction of the additional facilities recidivism in order to forecast detainee responds to accommodation pressures at numbers. The report “Drivers of Imprisonment the AMC that became acute in late 2013.
70 Justice and Community Safety Directorate Annual Report 2014-15 Rates (including Recidivism)” was made 41.9% to 38.7%. This is solely attributable publicly available in April 2014. to the reduction in the recidivism rate for non-Indigenous males which fell by 10.2%. The capability to forecast detainee numbers supports ACTCS and the Government in This year the recidivism data also indicate making informed decisions on service a decrease in the number of custodial delivery. Any forecasting mechanism is clients returning to Corrective Services on dependent on the analysis of actual numbers. Community Corrections orders from 62.9 % to This being the case, ACTCS will continue to 59.8%. monitor the effects that yearly data have on the projections. It should be noted that The tables below provide the rates of return forecasting is not an exact science and is only for detainees and offenders. It needs to be B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. one tool used to inform decision making. recognised that the data provided are based on two years earlier than the current reporting Recidivism period, therefore allowing detainees and offenders two full years in which to return. ACTCS analysis of recidivism rates shows This is consistent with Report on Government for a second year in succession an overall Services (ROGS) reporting. decline in the rate of return to custody from
Table 16 – ACT detainees released during 2012–13 who returned to corrective services with a new correctional sanction within two years (as a percentage)
Detainees returning to: 2010–11 2011–12 2012–13 Detention 46.6 41.9 38.7
Community corrections order 11.8 21.0 21.1 Corrective services* 58.4 62.9 59.8
* Return to corrective services refers to persons who have returned to corrective services supervision, be that detention or on a community-based order.
In regard to offenders serving community corrections sentences, there was again a modest decline in recidivism. It is interesting to note that recidivism amongst offenders serving a community corrections sentence fell in every category except non-Indigenous males.
Table 17 – ACT offenders discharged from community corrections orders during 2012–13 who returned with a new correctional sanction within two years (as a percentage)
Offenders^ returning to: 2010–11 2011–12 2012–13 Community corrections 16.7 15.5 15.4 Detention 1.9 2.5 2.0 Corrective services* 18.6 18.0 17.4
* Return to corrective services refers to persons who have returned to corrective services supervision, be that detention or on a community-based order. ^ Offender recidivism refers to persons whose earlier offence resulted in them being sentenced to a community-based order.
Justice and Community Safety Directorate Annual Report 2014-15 71 Smoking Cessation in Correctional Centres in its management structure, operational processes and physical structure. The ACT Government’s health policy paper Future directions for tobacco reduction in the In 2014–15, the CSU upgrade was completed, ACT 2013–2016 and Alcohol, Tobacco and providing a safer environment for detainees Other Drug Strategy 2010–2014 both identify and staff. These works included an upgrade adult detainees as a target population for of the ventilation system, construction of an priority focus. interview room, improvements to the security of the officers’ observation station and an Currently, detainees at the AMC are offered upgrade of nine cells to prevent blind spots smoking cessation support. All AMC detainees and reduce the potential for self-harm through can access Nicotine Replacement Therapy improvements to surfaces and fittings. ACTCS including patches, lozenges and medication officers have undergone training in relation to under supervision provided by ACT Health. the changes to operations that have occurred Additionally, the Winnunga Nimmityjah in the CSU. Aboriginal Health Service provides an onsite Tobacco Action Officer to the AMC Aboriginal The Senior Manager, Corrections and Torres Strait Islander detainee community Psychological and Support Services (CPSS), as part of the No More Boondah program. is responsible for the CSU. This position is supported by a small team, including In 2014–15, ACTCS developed a a full-time psychologist, two part-time Smoke Free Correctional comprehensive psychologists and an intern psychologist. Centres Issues and Options Paper . This This team has initiated a number of changes paper examined the operational impact to processes within the CSU, primarily of implementing a total ban on smoking, through the joint ACTCS-ACT Health High Risk tobacco and associated products on the Assessment Team, including improvements grounds of all correctional facilities. The to therapeutic activities and engagement, paper provides a framework for ACTCS to admission and exit planning, risk rating move towards a complete ban on smoking in differentiation and multi-agency management the AMC. and treatment.
Court Transport Unit In addition, the Senior Manager CPSS in conjunction with Workforce Development The CTU is responsible for the provision and Training has developed and is continuing of safe and secure custody of offenders at to facilitate suicide and self harm training for the ACT Courts and for transporting adult corrections officers and new recruits. and juvenile detainees between the AMC, the courts, police watch house, the Bimberi CPSS facilitates group activities aimed at Youth Justice Centre and, when required, stabilising and transitioning the detainees public health facilities. CTU staff also provides out of the CSU. This includes a Recovery inductions and perform security assessments and Wellbeing Group and daily exercise for remanded and sentenced detainees and psycho-education around mental illness, suicide/self harm triggers and Crisis Support Unit distress tolerance.
The Crisis Support Unit (CSU) at the AMC is CPSS continues to build positive and purpose-built accommodation for detainees proactive relationships with key stakeholders who have engaged in or have been assessed including Offender Services, Forensic Mental as being a high risk of suicide or self-harm. In Health Services and Primary Health. recent years the CSU has undergone changes
72 Justice and Community Safety Directorate Annual Report 2014-15 Energy Efficiency
The AMC is an operational facility that is ‘open’ 24/7, 365 days a year and therefore has high consumption of electricity to maintain the entire centre. In 2014–15, the AMC received $100 000 from the Energy Efficiency Capital Upgrade Program to complete phase two of the lighting upgrade program. The program replaced the existing exterior light fittings with high security LED retrofit kits.
The focus of this upgrade was on meeting the ACT Government’s priority of reducing carbon admissions. Other benefits included reducing energy consumption and hazardous waste
(common in fluorescent lighting), as well as reducing ongoing maintenance costs. PERFORMANCE AND OVERVIEW ORGANISATION B.
The graph below displays the decline in energy usage per detainee. Overall the price of energy per detainee has decreased from $4.73 to under $3.00 a day. As a result of the success of phases one, two and three, the project has been funded $137,000 for the 2015–16 period to complete a fourth phase of the upgrade program.
Figure 5 – AMC Electricity
Sources: AMC monthly electricity invoices and JOIST daily detainee number records
A Corrective Services Officer in the AMC library. [Photo – Peter Williams]
Justice and Community Safety Directorate Annual Report 2014-15 73 Detainee Employment It should be noted that payment rates vary depending on the knowledge and experience AMC detainees have access to different types required for the job, the level of responsibility, of employment within the facility and are trust and initiative required and the degree of encouraged to participate in employment supervision required. Detainee remuneration and attend programs. Employment options ranges from $24.90 to $70.14 per week. A small include grounds maintenance, barista, unemployment allowance is paid to those laundry, kitchen, tutoring other detainees, available but not engaged in employment. cleaning, myna bird cage construction among many others. There are limited job opportunities in a correctional facility and, as expected Employment within the AMC builds a with the increase in detainee numbers detainee’s skills and confidence. Some jobs, during 2014–15, there has been an increase in however, require specific training and where unemployment payments. this is the case, it is incorporated into a detainee’s education plan. These skills are The AMC also offers the Work Release transferable to the community and assist in Program, which commenced in 2012. This securing employment upon release. program provides eligible detainees with paid employment opportunities in the community Detainees are remunerated for participating prior to release. This program enhances in employment, education and programs. post-release employment prospects and The graphs below demonstrate the money assists in achieving a successful transition directed towards detainee earnings for from custody to community living. employment, education and programs attendance and unemployment benefits across the past three financial years.
Figure 6 – Detainee Earnings
74 Justice and Community Safety Directorate Annual Report 2014-15 Industries and general education units. These include units in the new Foundation Skills Training In 2014–15, ACTCS was funded to review Package that embed literacy and numeracy detainee employment opportunities within in VET courses as well as direct delivery of the ACT. This included reviewing the prison Foundation Skills Training Package (LLN) industries models of other correctional competencies. Completion of a Foundation jurisdictions. In November 2014, the Minister Skills (Australian Core Skills Framework) for Justice, Shane Rattenbury and ACTCS assessment is required before a detainee officials visited NSW Corrective Services to can enrol in a VET course. Once assessed, discuss and inspect its prison industries. The detainees are enrolled in one of three review, along with advice to Government, is to appropriate Foundation Skills Certificates be finalised in the 2015–16 reporting period. as well as the VET skill sets. Completion of PERFORMANCE AND OVERVIEW ORGANISATION B. units and certificates in the Certificate I in Detainee Education and Training Access to Foundation Skills and Certificate I The ACT continues to have very high in Skills for Vocational Pathways, are included engagement by detainees in education. in the following table as Pre-Certificate Level The 2015 ROGS (reporting on 2013–14) 1 and Australian Qualifications Framework highlighted the fact that the ACT is well above (AQF) Secondary Schools Sector units the national average in detainee education, and certificates. with 82.7% of ACT detainees accessing Below is a table which highlights the number educational programs, compared to the of certificates completed by detainees, as national average of 32.7%. well as the number of units of certificates The AMC offers more than 20 Vocational completed. Note that some detainees will Education and Training (VET) skills sets engage in more than one course.
Figure 7 – Vocational Education and Training
Justice and Community Safety Directorate Annual Report 2014-15 75 In October 2014 education provider Campbell structure, as students work on more Page, in partnership with TAFE Western interwoven LLN competencies for which, Institute, took over from Auswide Colleges to in some cases, assessment for single units provide education services to detainees at cannot take place until workbooks are fully the AMC. completed. The LLN places more emphasis on contextualised language, literacy and The transition between providers included the numeracy competencies in acquiring work introduction of a new delivery and reporting skills and knowledge within VET courses. structure for detainees completing education courses. Detainees enrolled in courses in The apparent decrease in units and the AQF Higher Education Sector are now certificates completed (as compared assessed on a semester basis, as opposed to to 2013–14) can be directly attributed to an individual unit-by-unit assessment. There these changes in structured delivery and was an increase of 11 detainees from four to assessment, which include longer hours to 15 in this sector during this 2014–15 period. complete single units and the interwoven delivery and assessment of several There is also a new education structure for competencies. Although some detainees are detainees enrolled in Pre-Certificate, AQF not sentenced for periods long enough to Secondary Schools Sector and AQF VET complete an entire certificate, participation Sector courses which includes delivering in education is still encouraged and it is often clustered and embedded LLN units (within possible for detainees to complete several workbooks). This delivery method means units of a certificate before they exit, the units take longer nominal hours to complete remainder of which can be completed in than units delivered under the previous the community.
Figure 8 – Completion of Units and Certificates
Note: The total number of units completed includes those which are associated with obtaining a Full Certificate. Certificates completed include Statements of Participation and Statement of Attainments. The new delivery structure means that several detainees who have participated in education, but have not completed an entire unit or certificate due to short sentence length, have not been included in these figures.
76 Justice and Community Safety Directorate Annual Report 2014-15 Culture and Land Management Program
The Culture and Land Management A recent addition to the program has program for Aboriginal and Torres been traditional weaving and animal doll Strait Islander detainees at the AMC making. The weaving, which makes links was enhanced during 2014–15. The to managing natural resources, has proved ACT Aboriginal Natural Resource to have a big impact both culturally and Management Facilitator (hosted within on detainee rehabilitation by providing a the Environment and Planning Directorate calm and soothing environment in which (EPD) and Greening Australia’s Indigenous detainees can learn and share knowledge. Restoration Officer) partnered with our existing Campbell Page Education staff to Another Indigenous program is provided PERFORMANCE AND OVERVIEW ORGANISATION B. deliver a wider range of specialist training through the AMC’s Transitional Release units as part of the Conservation and Land Centre (TRC), where detainees whose Management Certificate II. period of incarceration is almost completed are allowed approved day The program, which is supported by the release to attend various programs and Australian Government, delivers training services. This includes the Winnunga to up to 20 Aboriginal and Torres Strait Men’s Group, established by the Winnunga Islander detainees per session covering Nimmityjah Aboriginal Health Service. topics such as identifying Aboriginal Once a month, the ACT Aboriginal scarred trees, growing native plants, Natural Resource Management Facilitator identifying and using bush tucker plants, organises a cultural or caring–for-country processing native seed, identifying heritage type activity with the Winnunga Men’s artefacts and the impacts feral animals Group, which includes Aboriginal and have on biodiversity. Detainees have Torres Strait Islander ex-detainees who shown interest by participating in group have previously participated in training activities and sharing their own cultural within the prison. knowledge. A number of the detainees have displayed clear leadership skills Given the success of this enhancement by supporting and encouraging other pilot program, ACTCS and EPD are Aboriginal and Torres Strait Islander exploring options to further expand the detainees to attend and support the program to include opportunities for sessions. ACTCS staff have noted that detainees to become involved in seed the sessions run on natural resource production, plant propagation and management are proving very popular environmental restoration, with the aim to in engaging Aboriginal and Torres Strait support pathways for detainees in TRC and Islander detainees. those who leave the prison to volunteer or work in natural resource management.
Labyrinth garden bed constructed by CALM participants
Justice and Community Safety Directorate Annual Report 2014-15 77 Family Connectedness participated in face painting, children’s activities and designing Loom Bands. Frequent contact with family and friends is important to detainees and can assist with Great weather, good food and family successful reintegration into the community involvement contributed to the success upon exiting the AMC. of the day. Positive feedback and praise following the event was received by the AMC’s ACTCS implemented changes to the visits NAIDOC 2014 organising committee. regime on 1 July 2014. The changes provide each accommodation area and classification NATIONAL SIMULTANEOUS STORY-TIME READING one allocated time per day to access visits, ‘THE BROTHERS QUIBBLE BY AARON BLABEY’ making a more equitable and streamlined National Simultaneous Storytime is an annual system which has been facilitated through event organised by the Australian Library a new booking service. The total number of and Information Association, which aims to visits is only slightly down from the previous encourage children and young people to read year, which may be attributed to the total and enjoy books. number of visiting hours being reduced; however, the number of detainees allowed to An Australian book is selected each year and access visits at the same time was increased read simultaneously in libraries, schools, from 16 to 18. In addition the number of childcare centres, family homes, and detainee accessing visits is greater than the bookshops around Australia. In May 2015, the previous year. event was held in the visits area of the AMC– the first time that it has ever been held in an Table 18 – Family and Friend Visits Australian prison.
2012–13 2013–14 2014–15 SHINE for Kids (who support children and Total 12 031 13 859 13 263 young people with a parent in the criminal justice system) and ACTCS partnered to Note that a ‘visit’ may be comprised of more than one visitor, and that these visits described above do not hold readings of the book during visits on include legal or professional visits. the day to encourage and promote reading and literacy among visiting children and NAIDOC FAMILY DAY their families. The day was very successful in The AMC facilitated the NAIDOC Barbecue promoting the enjoyment that can be gained and Family Day on 14 July 2014. The event from reading, among children and their was attended by approximately 150 people, families who use SHINE for Kids services at comprising of Government and community the AMC. Sixteen children from seven families leaders, Elders, detainees and their family participated on the day. members and ACTCS staff. Cultural Awareness The visits area of the AMC was the venue for the event which was tastefully decorated with ABORIGINAL AND TORRES STRAIT ISLANDER NAIDOC WEEK ART EXHIBITION detainee art, Indigenous symbols and native flowers. A selection of detainees performed Southside Community Services partnered dancing from both the Aboriginal and Torres with ACTCS to organise an exhibition of Strait Islander cultures. detainees’ and community corrections clients’ artwork during NAIDOC Week in 2014. This SHINE for Kids members were in attendance was the second annual NAIDOC Week art to assist with making the day enjoyable for exhibition and was again a great success. the children that were present. The children
78 Justice and Community Safety Directorate Annual Report 2014-15 The exhibition, Serving Country, was based 2014 ABORIGINAL AND TORRES STRAIT ISLANDER on the 2014 NAIDOC theme Serving Country ELECTED BODY ELECTIONS – Centenary and Beyond, and honoured all In preparation for the 2014 Aboriginal and Aboriginal and Torres Strait Islander men and Torres Strait Islander Elected Body Elections, women who have fought to serve country. the Indigenous Liaison Officer at the AMC The exhibition was opened on 4 July 2014 facilitated an information session conducted by Minister for Aboriginal and Torres Strait by the Office of Aboriginal and Torres Islander Affairs Yvette Berry, with the welcome Strait Islander Affairs and the ACT Electoral to country undertaken by Ngunnawal Commission. The information session was Elder Susan Barry and a didgeridoo attended by approximately 20 detainees. performance by Andrew Horne of Southside On 11 July 2014, polling for the Elected Body PERFORMANCE AND OVERVIEW ORGANISATION B. Community Services. was offered inside the prison for the first time The number of exhibits was slightly less (historically only postal voting was offered to than in 2013; however, the quality was of a detainees for such an election). The in-prison very high standard. There were 52 works on polling was well received with a high number display, 29 of which were available for sale, of detainees who identify as Aboriginal or with 15 sold. More than half of the available Torres Strait Islander participating in the works were sold. voting process.
The two-week exhibition was well attended Information sessions will continue to be and received excellent media coverage and provided at the AMC for future elections as paved the way for a third NAIDOC Week art it encourage detainees awareness of, and exhibition entitled, ‘We All Stand on Sacred participation in, the electoral process. Ground’ in 2015.
Art room in AMC
Justice and Community Safety Directorate Annual Report 2014-15 79 Sentence Administration Profile
The Sentence Administration Section based at the AMC is responsible for administering ACT sentences. This includes: • maintaining up to date sentence information including sentence calculations for ACT offenders serving a term of imprisonment including those with Periodic Detention Orders; • managing legal dates and appearances of remandees; • ensuring that offenders are held in legal custody in accordance with court orders/warrants; • ensuring that sentenced offenders are legally released/discharged from custody at the expiry of their sentence/s; and • facilitating the transfer of community based orders, parole orders and prison sentences between the ACT and other jurisdictions.
A typical day starts early with a visit to the Admissions Unit within the AMC to ensure that the list of daily transports of offenders to court is correct and any paperwork received the prior day from the courts is collected.
Once the courts start their daily sittings there is liaison with the courts and other stakeholders to ensure compliance with legislative requirements. This involves the checking of an offender’s status to ensure that any warrants and/or orders that are received are correct.
There are also sentence information reports to be provided to both internal and external stakeholders such as the ACT Courts, the Office of the Director of Public Prosecutions, the ACT Sentence Administration Board and NSW Corrective Services when an offender’s parole is to be cancelled or a further sentence is imposed.
Every day there are new admissions into the AMC and the sentencing paperwork that accompanies the offender to the AMC is processed. This involves going through the bench-sheets, warrants and transcripts that are provide for an offender to ascertain the sentence that has been imposed. There is also the preparation of release paperwork for offenders that have completed their sentence.
Each day includes the receipt and processing of new applications to transfer both custodial and community based sentences as well as advising other jurisdictions of the outcome of current applications.
80 Justice and Community Safety Directorate Annual Report 2014-15 Community Corrections officers to develop their skills and practices as Community Corrections Officers. Community Corrections is responsible for supervising offenders on court orders Parole Unit and the monitoring of compliance with court imposed conditions. Supervision is In March 2015, Community Corrections focused on reducing the offender’s assessed established a Parole Unit as a strategy to criminogenic risk. improve outcomes for detainees being released to the community. The Parole Unit Enhancements were made to the service commences work with detainees being delivery model for Community Corrections considered for release to parole and certain with the creation of two new teams focusing priority groups of offenders being released to on high risk management and parole. Good Behaviour Orders three months before PERFORMANCE AND OVERVIEW ORGANISATION B. their expected date of release. The Parole Unit High Risk Management Team continues to supervise this group of offenders In November 2014, a High Risk Management for a period of three months after release. Team was established to enhance the It is anticipated that this unit will develop capability of Community Corrections to expertise in working with the releasing manage higher risk and complex needs authority (the Sentence Administration Board) offenders. This was part of an overall strategy and in monitoring and supporting offenders to prepare Community Corrections for the during the early days of their re-entry into introduction of an alternate community the community. The Parole Unit also has a sentencing option with cessation of periodic strong focus on assessing the suitability of detention in June 2016. The High Risk post release accommodation to reduce risk Management Team in working with higher to the community and improve transitional risk offenders is developing expertise and is outcomes for offenders. providing space for the large number of newer
Team Building Day – Community Corrections
The work of a probation and parole officer is challenging, rewarding and at times confronting. In March 2015, Community Corrections staff took time out of their busy schedules to gather together at the Kambah Woolshed. The purpose of coming together was to build rapport and foster stronger relationships in order to strengthen the team and increase the sense of cohesion in Community Corrections.
Justice and Community Safety Directorate Annual Report 2014-15 81 Table 19 – Average number of offenders Supervised by Community Corrections
2012–13 2013–14 2014–15* Non-Indigenous Male 974.30 955.30 639.10 Aboriginal and Torres Strait Islander Male 118.50 129.90 99.80 Non-Indigenous Female 167.00 172.80 112.00 Aboriginal and Torres Strait Islander 25.70 37.80 30.10 Female Unidentified Male 33.50 80.00 69.60 Unidentified Female 6.10 17.00 13.30 Total 1 325.10 1 392.80 963.80
* ACTCS has changed the calculation method to comply with national counting methods for persons serving community correction orders in 2014–15. This is reflected in the reduction of total average number of offenders supervised by Community Corrections.
Community Service Orders
The Community Service Work Unit sits within Community Corrections and administers Community Service Work Orders – a reparative and rehabilitative sentencing option. Offenders who are subject to such orders may be required to perform up to 500 hours of community service.
Work crew opportunities have been created in a variety of locations including more than 90 different charities, not-for-profit organisations and Government placements across the ACT. The unit operates three separate work crews per week.
Table 20 – Community Service Work Order
2012–13 2013–14 2014–15 Total Number of Offenders with 405 389 381 Community Service Work Orders Total Hours Ordered 41 634 39 331 32 580 Total Hours Worked 30 682 30 484 26 469
The estimated relative value to the community of work performed during 2014–15 was approximately $625 385. This is 12.8% or approximately $92 615 decrease from last financial year; this is predominantly due to the decrease in hours ordered in 2014–15.
Victims Register
ACTCS maintains the ACT Victims Register. This register records the names and contact details of victims who have asked to be registered in order to receive information about an offender who is subject to a custodial or community based sentence. Provisions in the Crimes (Sentence Administration) Act 2005 allow for the disclosure of offender information to a registered victim.
At the end of the 2014–2015 financial year there were 131 victims registered on the ACT Victims Register. Of these, 10 requested placement on the register during the reporting period.
82 Justice and Community Safety Directorate Annual Report 2014-15 Custodial and Community Correctional Domestic Abuse Program Programs The Domestic Abuse Program is a program for The ACTCS has continued to provide high detainees where offending behaviour relates quality criminogenic and psycho-educational to domestic violence. The program aims to programs in the AMC and the community, address issues within relationships, whether for both male and female offenders. the victim of the offence is a current or past This includes: partner. The program explores links between • the Adult Sex Offender Program behaviours, thoughts and feelings in relation to offending, leading to a model of accepting Violence Intervention Program • the responsibility and victim safety. • Domestic Abuse Program This program is also being introduced in the PERFORMANCE AND OVERVIEW ORGANISATION B. Cognitive Self Change • , and community to enhance the management of • Anger Management. domestic and family violence offenders. The delivery method will differ from the custodial The unit has also worked jointly with setting; it is a 40 hour program delivered over external providers in delivering Parenting a period of 10 weeks. Importantly, while the Skills Programs, Self-Care for Women, SMART offender is undertaking this program and Recovery AOD programs, Harm Minimisation, being assisted through case management, Solaris, Shine for Kids and the Winnunga Stop partners have the offer of support through Smoking Program. the Domestic Violence Crisis Service. This Violence Intervention Programs support is consistent with emerging national standards for reducing violence towards In August and September 2014, ACTCS staff women and their children. undertook training in the Violence Risk Scale assessment tool and the Corrections Victoria Out of the Dark Program Violence Intervention Program. The Violent The ACTCS has facilitated the Out of the Dark Intervention Program is a modularised, program for women detainees who have group-based therapeutic program. It aims been victims of domestic abuse. It is designed to reduce participant’s risk of future violent to help participants identify issues around offending by increasing their self-awareness, domestic and family violence and identifies self-management and conflict resolution skills the options and support available to women and by better regulating affective responses experiencing this. Female detainees who are and behavioural outcomes. The program dealing with traumatic experiences such as is aimed at those individuals for whom domestic abuse may have difficulty engaging violence is a way of life and their violent and in the personal work of rehabilitation and criminal behaviour is embedded in patterns behaviour change in other programs. Out of of thinking. At the end of January 2015 the the Dark is an opportunity for participants to Programs Unit commenced delivery of the address these issues in such a way as to be Violence Intervention Program in the AMC for able to enter other programs. those detainees assessed as a high risk of violent reoffending.
Justice and Community Safety Directorate Annual Report 2014-15 83 Training as part of the Fitness and Wellbeing Program
Fitness and Wellbeing Program the program will be facilitated a further three times in 2015–16. Over the last 13 years, Alan Tongue has been an integral part of the Canberra Raiders and Extended Throughcare Program his outstanding leadership qualities have heavily influenced the Canberra region, both In the 2014–15 Budget, ACTCS received as a player and a member of the community. additional funding of $2.176m to continue In 2014, Alan piloted a fitness and wellbeing the Extended Throughcare Pilot Program program for detainees within the AMC. With for an additional two years. The Extended an aim to improve the lives of others through Throughcare program completed its second exercise and nutrition, he worked closely year of operation during 2014–15. The with detainees to introduce and develop program has been embraced by detainees exercise activities, provide group exercise exiting the AMC. Since commencement, all sessions and to offer advice, guidance and eligible Aboriginal and Torres Strait Islander mentorship. Positive feedback on the program detainees and all female detainees have was received by detainees and ACTCS staff engaged with the program. The engagement and as such, with the support of the CMTEDD, rate for sentenced males has also been very high at 96 per cent.
Table 21 – Total releases to Throughcare
Total releases to Throughcare 2012–13 2013–14 Male 196 209 Female 33 44 Total 229 253 Return to custody* 34 44
Note: The above figures represent the number of releases not the number of people i.e. a person may be counted more than once. * This may not mean return for a new offence and is therefore not comparable with recidivism statics.
84 Justice and Community Safety Directorate Annual Report 2014-15 There were two key improvements to further supported by connecting services Extended Throughcare in 2014: the who will work with detainees immediately implementation of a refined Intensive following release, from the last 90 days of their Aftercare Support Program and the in-custody episode. implementation of a pre-release program titled Assisted Release to Community (ARC): WOMEN AND CHILDREN’S PROGRAM The Women and Children’s Program at the INTENSIVE AFTERCARE SUPPORT PROGRAM AMC provides female primary caregivers the All detainees exiting custody with the support opportunity to maintain or establish bonds of Extended Throughcare receive two and relationships with their young children. weeks pre-release and six weeks intensive Such programs are supported by evidence post-release outreach support to assist them which demonstrates that separation of a PERFORMANCE AND OVERVIEW ORGANISATION B. reintegrate into the community. Outreach mother and child in the first few years of life workers support clients from day of release, can cause distress and adverse effects for with support targeted to three contacts in both the child and parent. the first week post release and two contacts Women and Children’s each week for the remaining five weeks of this The Program has intensive assistance. Outreach staff seek to been in place at the AMC since 2009. assist clients to overcome identified barriers In October 2014, ACTCS undertook a surrounding prisoner re-entry across five core comprehensive review of the policy Women and Children’s areas; accommodation, healthcare, income, underpinning the connections and basic needs. Program. The updated policy, in place since January 2015, includes clearer responsibilities ASSISTED RELEASE TO COMMUNITY PROGRAM of the care giver and co-carers, a more streamlined application process and greater All detainees exiting the AMC to Extended support for women wishing to apply and Throughcare have their release coordinated transition out of the Program. by the pre-release ARC program. This high-intensity case management framework The addition of further training including seeks to blend reintegration planning ante- and post-natal awareness, parenting with rehabilitation needs, so that exiting skills, modelling/attachment behaviours, detainees have access to targeted supports child development, positive discipline skills and interventions. and nutrition/hygiene/safety should ensure the parenting capacity of mothers and More than 120 services across the ACT and other women who are involved in caring surrounding region have been accessed to responsibilities of a child at the AMC. coordinate support for clients, with a growing number of services being connected with The best interest of the child remains clients pre-release. the central priority of this program, acknowledging that some women will be The 2015–16 financial year will be the third unable to adequately care for a child, or year of operation of Extended Throughcare caring for the child in custody may present an and ACTCS will focus attention on the critical unacceptable safety or security risk. pre-release phase of a detainee’s custodial episode, which has been identified as the The updated policy also accords with last 90 days of their in-custody period. recommendations of the recent Human Rights Extended Throughcare will do this by further Audit on the Conditions of Detention of Women enhancing the established ARC Program, at the Alexander Maconochie Centre. seeking to ensure releases from custody are
Justice and Community Safety Directorate Annual Report 2014-15 85 Research and Evaluation Information Management and ICT Improvements A FUTURE BEYOND THE WALL – RESEARCH PROJECT AMC STAFF MOBILE DURESS SYSTEM PROJECT:
ACTCS is participating in a research project In the AMC, staff and Official Visitors are being undertaken by the University of New provided with a duress alarm known as the South Wales through an Australian Research ‘Staff Mobile Duress System’ (the duress) Council Linkage Grant. This study will gather which is used for monitoring the safety of and analyse, for the first time, comparative the wearer. The duress replacement project data from Australian jurisdictions and was initiated to address the aging system employment agencies on the relationship infrastructure and software interface. between in-prison and post-prison vocational education and employment Following the initial build of a prototype programs, employment and recidivism. It for replacement testing, the project was will identify effective elements, strategies, successfully implemented in 2014–15. A program and policy directions in offender managed contract is now in place with the training and employment. This is a unique provider and staff training on the duress partnership amongst key academics in the system has been completed. field, peak national bodies, correctional and AMC ELECTRONIC SECURITY SYSTEM PROJECT (ESS): employment organisations. The ESS manages the unique electronic SCHEMA THERAPY security requirements of the AMC. This During 2014–15, the Corrections Psychological includes functions such as CCTV, opening and Support Services engaged with the UC to secured doors and detainee cell intercoms. pilot the first Schema Therapy based group The project (to upgrade the system) was program in Australia. The pilot has been approved in the 2014–15 Budget and was facilitated by Masters/PHD students enrolled completed in 2014–15. The then current in the UC’s Clinical Psychology program with system had reached its end of life and supervision and coordination from the CPSS. required replacement. The ACTCS conducted workshops with operational staff on the use of EXTENDED THROUGHCARE PILOT PROGRAM the original system and, in addition, planned EVALUATION for the expanded system’s needs created by The funding received in the 2015–16 Budget the new accommodation units being built also included a component for the evaluation under the additional facilities project. of the pilot program. Following a procurement CORRECTIVE SERVICES INFORMATION MANAGEMENT process during 2014–15, ACTCS engaged the SOLUTION PROJECT (CSIMS): Social Policy Research Centre to undertaken an impact evaluation of the Extended ACTCS’ current information management Throughcare Pilot Program so as to inform tools have limited capability. The current Government from a robust evidence base. operating model requires a combination The evaluation is expected to commence in of an aging system with additional manual early 2015–16. databases in order to conduct ACTCS business. The model has duplication issues, is labour intensive and does not provide adequate capability to manage primary tasks such as managing risk and community safety.
86 Justice and Community Safety Directorate Annual Report 2014-15 In the 2014–15 Budget, the ACT Government PROBATION AND PAROLE OFFICER RECRUITMENT funded ACTCS $400 000 to build a road map During the year ACTCS facilitated two for its extensive information management recruitment processes for Probation and responsibilities. During this period, ACTCS Parole Officers (Community Corrections reviewed its business processes and built Officers). Both of these processes attracted a extensive documentation, conducted research large number of applications. into product solutions, surveyed other jurisdictions and produced a business case Written applications were vetted and to government. applicants who progressed on this basis then undertook a psychometric assessment. Funding of $2.358m has been made Applicants who progressed past this stage available through the 2015–16 Budget for the were invited to participate in a scenario PERFORMANCE AND OVERVIEW ORGANISATION B. procurement phase of the project. ACTCS assessment and ultimately an interview. will procure a Corrections commercial From 57 interviews, the panel selected 19 off-the-shelf software solution with full rollout new recruits who participated in one of of the system in the future years. two, nine-week Mandatory and Primary ACTCS INTRANET BETTERMENT PROJECT Training Programs. The extensive training was designed to equip them with the required ACTCS has initiated the ACTCS Intranet skills and knowledge to undertake the duties Betterment Project to improve internal of a Probation and Parole Officer. communication, knowledge and information management tools for staff. This project was Eight new recruits completed the training derived from the CSIMS and will assist staff to during 2014–15, while 11 will undergo training more easily access critical documents such as in early 2015–16. policies and procedures. ATTRACTING AND RETAINING WOMEN IN In 2014–15, aspects of the project have CORRECTIONS successfully been completed, including a In June 2015, ACTCS facilitated a roundtable review of the existing intranet, consultation to review the recruitment process for workshops with key business units including Correctional Officers in order to better attract Community Corrections, Custodial Operations and retain women to Custodial Operations. and support areas and documenting of a The roundtable brought together a range of ‘road map’ for improvement. key stakeholders and provided opportunities to reflect on issues and identify barriers, as Enhancing Capability well as develop outcomes and strategies to CORRECTIONAL OFFICER RECRUITMENT support the recruitment and retention of women to custodial roles. Two recruitment processes for Correctional Officers were initiated between January and Some of the strategies identified during June 2015 with a view to meeting the needs the roundtable were used in a June 2015 of the expansion resulting from the additional marketing campaign. The recruitment facilities project. The first process concluded process, which continues into 2015–16, in March 2015 and 18 (12 new, six current attracted a high number of applications, 31% temporary employees) Correctional Officers of which were from women. While it is not were appointed. These officers completed the possible to identify whether the strategies Entry Level Training Program on 29 May 2015. contributed to the increase, it is likely that Due to normal attrition, ACTCS returned to the they influenced the increase. market in June 2015 to recruit more officers.
Justice and Community Safety Directorate Annual Report 2014-15 87 Increasing Public Awareness The ACTCS ER has undertaken an analysis of expenditure, performance and other data ACTCS facilitated three separate public to gain a better understanding of the issues information sessions in the 2014–15 financial which impact on the ACTCS budget and its year to support two correctional officer future financial sustainability. The review was recruitment processes. These sessions completed in 2014–15. were held with a view to increasing public awareness surrounding custodial roles RESPONSE TO THE AUDITOR-GENERAL’S REPORT ON and reduce negative stereotyping that REHABILITATION may sometimes accompany the role. They In April 2015, the ACT Auditor-General focused on small group discussion, with Dr Maxine Cooper released her report, potential applicants encouraged to question ’The rehabilitation of male detainees at the current custodial staff and included a Alexander Maconochie Centre’. number of subject experts on specific topics. These topics included Corrections Careers The Auditor-General recognised the for Women, Young People, People from complexities in providing rehabilitative Diverse Backgrounds as well as Training services, particularly within the AMC given and Recruitment. its combination of both female and male detainees as well as remand and sentenced Reviews and External Scrutiny detainees and a mix of classifications. The ACTCS EXPENDITURE REVIEW Auditor-General also recognised significant improvements in the delivery of rehabilitation The ACTCS Expenditure Review (ER) was services in the AMC, including in the areas commenced in the 2013–14 budget. It was of case management administration and undertaken by CMTEDD closely collaborating staff management and culture. The report with ACTCS to review all expenditure, positively noted high detainee education including services purchased from within participation rates and the breadth of services Government, to: available to Aboriginal and Torres Strait • address financial performance; Islander detainees. • define future levels and standards of service Notwithstanding these concerns, the delivery; and Auditor-General made 10 recommendations • address future sustainability. to improve the delivery of rehabilitation to detainees in the AMC. These The Government agreed to the inclusion recommendations included the development of unions as part of the Review process of a formal rehabilitation framework through their membership on the Review for the AMC, finalisation of the case Steering Committees, which guided the management framework, the development Review’s process. of a rehabilitation evaluation framework with internal reporting measures, a range of data improvement processes (including in regard to detainees with disabilities or diverse backgrounds) and examination of prison industries.
88 Justice and Community Safety Directorate Annual Report 2014-15 The Minister for Justice, Shane Rattenbury, tabled the Government’s response to the report in June 2015. The Government accepted all 10 recommendations and Mr Rattenbury acknowledged that there is a need for improvement in the delivery of programs and that the Government intended to use the recommendations as the basis for continued improvement. The Government response noted that the audit had not analysed drug and alcohol programs, despite these being significant in addressing PERFORMANCE AND OVERVIEW ORGANISATION B. offending behaviour.
ACTCS is progressing implementation of the recommendations.
Official Visitors
Official Visitors are appointed to undertake independent inspections of adult correctional facilities in the ACT and take complaints from detainees under Chapter 7 of the Corrections Management Act 2007. These Official Visitors are the eyes and ears of the minister responsible for ACTCS, the Minister for Justice.
During 2014–15, Dr Judy Putt continued her term as Official Visitor while Tracey Whetnall continued as the Aboriginal and Torres Strait Islander Official Visitor. During the year, the Official Visitors regularly attended the AMC and also visited the Symonston Correctional Centre and the CTU cells at the ACT Courts facility. They met with detainees to hear their concerns and liaised with ACTCS staff to discuss any issues. They provided regular written reports directly to the Minister for Justice. Also during 2014–15, the Mental Health Official Visitors undertook an orientation of the AMC and are able to visit detainees in receipt of mental health treatment and care in a visitable place in a correctional centre.
Justice and Community Safety Directorate Annual Report 2014-15 89 Official Visitor Annual Report – Dr Judy Putt
This is my first contribution to the Annual Report process as I had only just been appointed in the later part of the 2013–14 financial year. My first full year as an Official Visitor has been fascinating and challenging as it has coincided with a period of great pressure and change in the ACT Corrections system due to high detainee numbers and the expansion of the AMC.
The following table sets out the number and location of the official visits I made during the 2014–15 financial year up until the end of May 2015.
Number AMC PDC CTU Total Official Visits 37 7 6 50
The key problems experienced by detainees related to the overcrowding of the AMC due to the big rise in detainee numbers over recent years. Compounding this are the complex association problems in the AMC. Detainees also complained about a lack of productive activity due to the absence of adequate employment and issues with organised activities in the AMC (this was also an issue at the PDC).
I would like to express my thanks to staff at the AMC for their assistance and especially to Tracey Whetnall who covered for me during a number of periods of absence during the year.
Indigenous Official Visitor Annual Report – Tracey Whetnall
I have been the Indigenous Official Visitor since 2011 and continue to enjoy the role and the opportunity to visit Aboriginal and Torres Strait Islander men and women in Canberra’s prison.
In 2014–15 up to the end of March, I visited ACT adult correctional centres on 43 occasions. During this period there were a number of times when my colleague Judy was away and I covered for her, increasing the number of visits I made.
The key issue in 2014–15 has been the significant rise in the number of Aboriginal and Torres Strait Islander detainees in the AMC and the need for more visits in order to meet their needs. Other issues have been complaints about access to free art equipment outside of classes and interaction with Indigenous case managers. I have found that complaints about contact with case managers relate to the workload of those staff and unreasonable expectations by detainees (including asking them to do things detainees should do themselves) and I have advised detainees to consider paying for their own art equipment.
Most issues that I have raised over the year are being dealt with by Corrections staff to the best of their abilities. Corrections staff are very approachable about any concerns that I have.
90 Justice and Community Safety Directorate Annual Report 2014-15 OUTPUT 3.1 – COURTS AND TRIBUNAL
Output Description Appointment of a Principal Registrar During 2014–15, the Government replaced The ACT Law Courts and Tribunal (ACTLCT) is the role of the Courts Administrator with that responsible for the provision of high quality of the Principal Registrar to strengthen the support to judicial officers and tribunal support provided to the Chief Justice, Chief members in the Supreme Court, Magistrates Magistrate and ACAT General President in Court and ACAT and high quality services to relation to the administration of the Supreme the public using the courts and tribunal. Court, Magistrates Court and ACAT. PERFORMANCE AND OVERVIEW ORGANISATION B.
Mr Philip Kellow commenced in the Principal Strategic Objectives, Priorities Registrar position on 22 January 2015. and Performance Acting Judges for the Supreme Court
During 2014–15, the ACTLCT focused on the The ACT Government appointed four Acting following priorities: Judges and provided funding that allowed • strengthening the senior management of them to assist the Supreme Court to further the ACT Law Courts and Tribunal; reduce the backlog of civil cases and cover • providing additional judicial resources to the absences of resident Judges taking leave the Supreme Court; during 2014–15. • progressing the new ICT Case Acting Judges Stephen Walmsley, Linda Management System; Ashford, Dennis Cowdroy and David • continuing the New Court Facilities project; Robinson were appointed for 12 months from 1 July 2014 to 30 June 2015. • implementing the ACT Sentencing Database; ACT Civil and Administrative Tribunal • seeking improvements to the Coroners Appointments Act and strengthening the administration In February 2015, the Attorney-General arrangements for that jurisdiction; and appointed 59 non-presidential members to • providing judicial and administrative the ACT Civil and Administrative Tribunal resources for the Eastman proceedings. following an extensive recruitment process by the JACS Directorate. Each of these priorities is aimed at increasing the efficiency, effectiveness and timeliness of Non-presidential members are appointed court operations. for a term of no longer than five years and are appointed for their diversity, and for the skills and experience they can bring to the organisation.
Justice and Community Safety Directorate Annual Report 2014-15 91 ICT Case Management System (ICMS) and Capital Courts) were short listed and final proposals were submitted in May 2015. The In November 2014, the ACT Government preferred bidder is expected to be announced entered an agreement with the Western in late 2015, with construction due to Australian Department of the Attorney General commence in early 2016. for the acquisition and implementation of a new case management system known as The project will provide facilities that support the ICMS. the work of a modern court system, including upgraded hearing rooms, jury facilities, The ICMS will streamline court, tribunal and mediation suites and accommodation for registry processes, produce a rich and reliable people in custody. A key element is that source of business information and provide a the facility is to fully support the use of platform for electronic lodgement and other courtroom and other technologies, including electronic services. the expanded use of audiovisual systems to Staff from the ACTLCT and the WA Courts have reduce the need for personal attendance at been working together to design, implement court and the capacity to conduct hearings and test the modifications needed to ensure using electronic materials. the ICMS properly supports the ACT courts ACT Sentencing Database and tribunal. The ICMS will be implemented incrementally, with the first stage (dealing In December 2013, the courts launched the with ACAT) due to be rolled out in the second ACT Sentencing Database which provides easy quarter of 2015–16 followed by the courts’ civil on-line access to sentencing statistics, case jurisdiction in the final quarter of 2015–16 and summaries and judgments to judicial officers, the criminal jurisdiction in the second quarter legal representatives and interested users. of 2016–17. Information from the database is refined by nominating a range of characteristics Critical to the success of the ICMS relating to the offences and particular implementation will be the development of circumstances concerning the person to be change management and training strategies sentenced. The Sentencing Database now has that help the judicial officers, members, staff over 200 registered users, including judicial and court and tribunal users to understand officers and their staff, registry staff and and adopt the new system. The strategies will general subscribers from local law firms and also help realise the opportunity to review and media outlets. update some existing processes to improve the timeliness and accuracy of various registry During 2014–15, the database was enhanced services and functions. and complemented by the development and implementation of a sentencing New Court Facilities calculator which allow judicial officers to The ACTLCT continues to work with Treasury quickly and easily validate the key dates and the Capital Works and Infrastructure (CWI) relating to persons sentenced to a period and ICT Programs and Project Delivery of the of imprisonment. JACS Directorate on the New Court Facilities The database is also being used to support project. The project is a PPP to design, build detailed research into sentencing trends and operate a new court complex that will within the ACT, with a series of sentencing include the redevelopment of the current snapshots to be published on a regular basis. Supreme Court building and integration with The first eight sentencing snapshots are the existing Magistrates Court building. In expected to be published in the second half late 2014, two consortia (Juris Partnership
92 Justice and Community Safety Directorate Annual Report 2014-15 of 2015 and will deal with common offences the ACT for the provision of these services. and current sentencing practices. Negotiations will continue in 2015–16.
ACT Coroner’s Court In 2014–15, SupportLink Canberra was contracted to pilot an ACT Trauma Support During the reporting year the Coroners Act Service which would provide on-call 1997 was amended to: immediate crisis care and some ongoing • reduce the requirements for reporting fires practical support to persons affected by to the Coroners Court; unexpected traumatic deaths which fall within • allow the Coroner to establish a coronial the coronial jurisdiction. Pending review, this investigation scene; pilot service will be continued in 2015 and will be complemented by an arrangement B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. • specify the powers that a police officer has between ACT Health and Relationships at a coronial investigation scene to collect Australia (Canberra and Region) for the and preserve evidence; provision of ongoing therapeutic counselling • clarify various definitions in the Act, to persons involved in coronial processes. including the types of death that a coroner is required to investigate; and The Government also tables reports handed down by the Coroner under section 57 of • give witnesses in coronial proceedings the the Coroners Act 1997. One Coroner’s report same privilege against self-incrimination was tabled in 2014–15 relating to the deaths as provided by section 128 of the Evidence of four people in a motor vehicle crash in Act 2011. March 2010. The Chief Coroner may provide additional Eastman Proceedings 2014–2015 commentary on the effect of these legislative reforms in her Annual Report. On 22 August 2014, the Full Court of the ACT Supreme Court ordered that the conviction Coroners are often assisted by a Counsel of David Harold Eastman for the murder of Assisting in coronial matters that go to hearing Colin Stanley Winchester be quashed. The and more complex inquests. In 2014–15, Director of Public Prosecutions subsequently the Chief Coroner approved the creation of sought a new trial of Mr Eastman on the the position of Legal Manager and Counsel charge of murder. Mr Eastman has applied Assisting to provide this assistance and for a permanent stay of the new trial. The oversee the administrative operations of the ACT Government appointed Acting Justice Coroners Court and the Forensic Medical Anthony Whealy to hear and determine Centre. The position commenced in May 2015. the stay application and, in the event that In 2013–14, a review of ACT Coronial application was not successful, the trial. and Post-Mortem Process and Practice On 10 June 2015, the ACT Court of Appeal recommended significant changes to the way upheld an appeal against a decision by Acting in which autopsy services were provided in Justice Whealy dismissing an application the ACT. During 2014–15, the Chief Coroner that he recuse himself. The hearing date explored ways in which to strengthen service for the stay application was subsequently deliver and provide continuous forensic vacated due to the unexpected unavailability pathologist services in the ACT. Discussions of counsel. commenced In May 2015 with the NSW Forensic and Analytical Science Service to A new Acting Judge will be appointed in develop a partnership between NSW and the 2015–16 financial year.
Justice and Community Safety Directorate Annual Report 2014-15 93 Disposition times amendments also assist in preventing the development of backlogs and allow the courts The ACTLCT has supported initiatives by to better manage their resources. the Supreme Court, Magistrates Court and ACAT to deal with matters in a reasonably Amendments included: expeditious manner having regard to the • making interlocutory orders binding on nature and complexity of each case. subsequent trial judges; Information about the median times to • requiring pre-trial disclosure of finalise cases in each jurisdiction is set out in expert evidence; the section on strategic objectives at page XR • ensuring appeals from pre-hearing orders of this annual report. made by the Master of the Supreme Court are now heard before the Court of Appeal, Legislative Amendments rather than a single judge, therefore Courts Legislation Amendment Act 2015 preventing matters being re-litigated commenced on 21 April 2015, made without sufficient cause; and amendments to a number of Acts to simplify • allowing a coroner to establish a coronial requirements and improve efficiencies in investigation scene, and issue coronial court and coronial processes. investigation orders to police, authorising police officers to collect and preserve These efficiencies were aimed at reducing evidence in circumstances where powers delays in court proceedings, leading to faster under the Crimes Act 1900 are unavailable. resolution of civil and criminal matters, and therefore reducing costs for parties. The
94 Justice and Community Safety Directorate Annual Report 2014-15 OUTPUT 4.1 – EMERGENCY SERVICES
Output Description • Finance and Business Services • Governance The ESA is responsible for the following • ESA Training (ESAT) strategies in supporting the ACT community in regard to emergency management: • Fleet and Procurement • ESA Information Communications & • Prevention and Mitigation: Measures taken in preparation for an emergency Technology (ESA ICT)
aimed at decreasing or eliminating • Executive Support PERFORMANCE AND OVERVIEW ORGANISATION B. its impact on the community and the environment. Strategic Objectives, Priorities • Preparedness: Measures to ensure that, and Performance should an emergency occur, communities, resources and services are capable of Strategic Objective 3 Safe Community responding to and coping with the effects. – Emergency Services • Response: Strategies and services to control, limit or modify an emergency to During the 2014–15 reporting period, the ESA reduce its consequences. made considerable progress on priorities as outlined in the ESA 2013–17 Corporate Plan • Recovery: Strategies and services to return and 2014–15 Budget papers. This included: the ESA to a state of preparedness after emergency situations and to assist with • commissioning of the new South community recovery. Tuggeranong Fire & Rescue Station; • finalising SBMP Version 3; These elements guide balanced, effective and efficient emergency management and • finalising the ESA Expenditure Review (led reinforce the continued need for partnerships by Treasury); and shared responsibility between the • conducting a review to improve the community and the ACT Government. strength of the Emergencies Act; The ESA comprises four operational services • launching the ESA SRA; each led by a Chief Officer: • rolling out the ACT Government RiskMan • ACT Ambulance Service (ACTAS) Accident and Incident Reporting System across the whole of ESA ; • ACT Fire & Rescue (ACTF&R) • testing of the ESA Business Continuity and • ACT Rural Fire Service (ACTRFS) Crisis Management Plans; and • ACT State Emergency Service (ACTSES) • significant progress with the WIESS These Services are enhanced by the following Project, including attendance of support areas: forty representatives at the Avril Henry Communication Workshop in • ESA Triple Zero (000) Communications February 2015. Centre (ComCen) • Emergency Management, Risk, Spatial & During 2014–15, ESA responded to 54 867 Digital Services (EMRSDS) incidents. For any single incident, multiple phone calls may be received and ESA vehicles • Emergency Media (EM)
Justice and Community Safety Directorate Annual Report 2014-15 95 and personnel may respond from across the Volunteers Services to ensure the best outcome. This results in a significantly higher number of As at 30 June 2015, the ESA is supported by response numbers, which are reflected by 1 869 volunteers from the ACTRFS Volunteer Service tables later in this section. Brigades, ACTSES Volunteer Units, ACTF&R CFUs and Mapping and Planning Support These 54 867 incidents include: Unit (MAPS). These ESA volunteers willingly • 854 fire incidents; this number includes give their time to protect life, property and the structure, vegetation and other fire types; environment and to assist the ACT community with recovery following emergency events. By • 44 544 medical incidents–this number its very nature, much of the work undertaken includes ambulance and aero-medical by volunteers can be inherently dangerous incidents but excludes medical assists at and is often conducted in the worst possible fire, storm and rescue incidents (to remove weather and under stressful conditions. double counting); • 1 461 rescue incidents–this number ESA volunteers are recognised for their includes road rescues and search incidents; dedication through a variety of means. During 2014–15, ESA volunteers were • 748 storm and flood incidents; and recognised during National Volunteer Week • 7 260 other incidents–these included and received a number of Long Service Medals HAZMAT and false alarms. (recognising at least 10 years of service), Community Protection Medals and National Service Medals.
Table 22 – ESA Volunteer Numbers
Volunteer Group 2012–13 2013–14 2014–15 ACTRFS 550 530 530 ACTSES 243 257 279 ACTF&R CFUs 1 050 1 091 1 008 MAPS 83 67 52 TOTAL 1 926 1 945 1 869
Table 23 – Gender Breakdown for ESA Volunteer Numbers for 2014–15
Volunteer Group Female Male Not recorded Total ACTRFS 102 428 - 530 ACTSES 106 173 - 279 CFU 265 743 - 1 008 MAPS 22 29 1 52 TOTAL 495 1 373 1 1 869
96 Justice and Community Safety Directorate Annual Report 2014-15 Table 24 – Age Breakdown for ESA Volunteer Numbers for 2014–15
Not Volunteer Group <20 20–29 30–39 40–49 50–59 60+ recorded ACTRFS 12 142 149 119 60 40 8 ACTSES - 61 72 52 47 47 - CFU ------1 008 MAPS - 1 14 10 9 5 13 Total per age group 12 204 235 181 116 92 1 029
Note: Age breakdowns could not be provided for all volunteers as dates of birth were not provided by all volunteers PERFORMANCE AND OVERVIEW ORGANISATION B. upon enrolment.
Interstate Deployment Amendments to the Emergencies Act 2004 During 2014–15, ESA staff and volunteers The Emergencies Act 2004 has been regularly were deployed to New South Wales (NSW) amended to strengthen its operation and Western Australia (WA) to support local following lessons learnt during various emergency services in fire and rescue, storm operational exercises and new requirements and flood and bushfire operations. identified through continuous improvement and planning activities. On 28 October 2014, A total of seven ACTRFS volunteer members the Legislative Assembly passed the were deployed to Bungendore in NSW Emergencies Amendment Act 2014 which to assist with bushfire management in made a number of amendments to the Act, October 2014. including: A total of 54 ESA personnel were deployed • supporting our emergency services to close to Mullion Sawyers Gully NSW to assist with premises and obtain information when bushfire management in December 2014. This responding to an emergency; comprised 52 ACTRFS volunteer members, • assisting with controlling the distribution one ACTRFS staff member and one ESA staff of essential services in times of a member major shortage; A total of 18 ESA personnel were deployed • improving the ACT’s planning arrangements to WA to assist with bushfire management in to prevent bushfires; February 2015. This included three ACTRFS • clarifying the powers of the Commissioner volunteer members, three ACTRFS staff to ensure the effective coordination members, eight Parks Brigade staff members, of services, agencies and resources in two ACTSES volunteer members, one ACTF&R emergency operations; and staff member and one ACTAS staff member. • increasing the on the spot fine for ESA personnel were deployed to NSW to assist discarding lit cigarettes from $200 to $300, with storm & flood response and recovery which aims to act as a deterrent to those in April and May 2015, including 87 ACTSES who discard cigarette butts out their volunteer members, two ACTRFS volunteer car windows. members, two ACTSES staff members and one ESA staff member. For this deployment there A further review is planned for 2015–16. were four task forces sent, who assisted with 265 jobs across NSW.
Justice and Community Safety Directorate Annual Report 2014-15 97 Strategic Reform Agenda (SRA)
A number of recent reviews identified key improvements the ESA needs to make. To address these improvements the SRA was developed to bring together all recommendations and to provide a strategic guidepost to ESA for the next five years, out to 2020. The SRA contains five elements for future achievement – structure, strategy, performance, people and accountability. The elements are outlined in the following diagram:
Figure 9 – ESA Strategic Reform Agenda
ESA Strategic Reform Agenda priorities
STRUCTURE The ESA will maintain the four service Chief Officers and create three new areas to support The progression of recommendations from the agency’s enabling services – People & the recent ESA reviews indicates the need for Culture, Risk & Planning and Logistics & a cohesive and unified senior executive and Governance. associated organisational structure. The current ESA executive structure, implemented in 2010, STRATEGY reflects the legacy emphasis on operational service management. It is prudent to improve New Strategic and Corporate Plans for the the executive management capability of the ESA period to 2020 are under development; key through the SRA to enable the agency to meet priorities include: future challenges. To support this direction, • continuing current initiatives e.g. WIES, a revised executive structure and reporting SURP, ACTAS Blueprint for Change, CAD & arrangements are required. TRN upgrades;
98 Justice and Community Safety Directorate Annual Report 2014-15 • new initiatives that position ESA for the Strategic Bushfire Management Plan future aligned to the SRA elements (People, Performance, etc.); and The SBMP Version 3 was completed in September 2014. A significant body of work was • identifying opportunities for reform to the conducted during 2014–15 to implement the ESA ComCen. SBMP Version 3. For full details see the Bushfire PERFORMANCE Risk Management section of this report.
New initiatives for the Performance element of Women in Emergency Services Project SRA include: During 2014–15, the WIES Project Team • developing and implementing an action drafted the Pathway to a Diverse and Inclusive
plan to make our data more accessible and Workforce Phase 1: Women in Emergency PERFORMANCE AND OVERVIEW ORGANISATION B. available for decision making; Services Strategy. The Phase 1: WIES Strategy • developing and implementing initiatives to is informed by a framework developed integrate the logistics function; and in consultation with key stakeholders and is based on best practice concepts • recognising opportunities for reform based that underpin diversity and inclusion in on national and international trends male-dominated workforces, including PEOPLE the attraction, recruitment, retention and development of women. The Phase 1: WIES New initiatives for the People element of Strategy identifies a series of targeted actions, SRA include: taking the ESA on a journey of collaboration • investing in leadership and to achieve greater diversity through inclusion, people management; ensuring that ESA continues on a path that • some ACTAS Blueprint initiatives are equally is responsive to the Territory and that as an relevant to the broader ESA and will be organisation we recognise the contributions rolled out across the agency (e.g. 360 degree of all our members. feedback, Leadership framework); and The Phase 1: WIES Strategy will inform • developing an internal communication the development of workforce plans for strategy that better reflects the workplace emergency service activities in the ACT and arrangements of all ESA paid staff supports the 2012–2017 ESA Strategic Plan and volunteers. priority area of an aligned, skilled and diverse workforce. To better serve the ACT community, ACCOUNTABILITY the ESA, through ACTF&R, ACTAS, ACTRFS New initiatives for the Accountability element and ACTSES and our Support Services, is of SRA include: committed to ensuring our workforce reflects the diversity of the community we serve. • developing and implementing an enterprise risk management framework; • reconstitute the peak ESA executive management body with new Terms of References and membership; and • updating the Territory Wide Risk Assessment.
Justice and Community Safety Directorate Annual Report 2014-15 99 Information, communication & technology In 2014–15, the following vehicles were works delivered under the program:
During 2014–15, the ESA completed significant • four new emergency ambulances for projects to improve ICT capability across the the ACTAS; agency. ICT improvements included: • one new heavy rescue pumper and one • installing wireless in ESA Headquarters, new pumper for ACTF&R; the Hume Training Centre and the new • one new heavy tanker and one new forklift SouthCare building at Hume (wireless for ACTRFS; enables use by Emergency Coordination • one new dual cab four wheel drive utility Centre from other directorates, volunteers vehicle for the ACTSES; and in training, and downloading of updated maps for vehicle mobile data terminals • one new task force trailer for the ESA while in workshop for servicing); Fleet Workshop. • moving TRN equipment from the Callam Work was also progressed on the replacement Data Centre to Isaacs Ridge and Mt Stromlo of 12 further vehicles, including one new radio towers, reducing costs for ESA and pumper for ACTF&R, one new heavy tanker providing remote access for vendors and for ACTRFS and two new emergency response staff to manage the TRN; trailers for the ACTSES. All 12 vehicles are • providing ICT infrastructure for the new expected to be delivered in 2015–16. South Tuggeranong Fire Station; and Station Upgrade & Relocation Program • commencing the CAD system upgrade and replacement of the TRN microwave ring. SOUTH TUGGERANONG FIRE & RESCUE STATION The new station, the second to be delivered ESA vehicle replacement program in the SURP, was achieved on time and The ESA replaces operational and support under budget. It was officially opened on vehicles as part of its ongoing Vehicle 27 March 2015 by the Minister for Police and Replacement Program. The program has Emergency Services, Joy Burch. An Open ongoing funding of $1.738m per year indexed. Day was held on 28 March 2015 to allow the community to view the new station and meet firefighters and other ESA personnel.
The new South Tuggeranong Fire Station – March 2015
100 Justice and Community Safety Directorate Annual Report 2014-15 ARANDA AMBULANCE AND FIRE & RESCUE STATION minutes against the 50th percentile and 12.5 minutes in the 90th percentile1. In the 2013–14 Budget, Government allocated $18.6m for the construction of the new Service Delivery co-located Ambulance and Fire & Rescue station. The new station is being built just off ACTAS maintains a record of each call received Bindubi Street, adjacent to the Aranda playing into the ComCen, each call being recorded as fields opposite Canberra High School. This a separate incident. Some incidents may be co-located station will replace two separate managed over the phone, with no ACTAS site stations currently in Belconnen town centre. response; some incidents will have multiple Construction works are underway, with the vehicles respond on site. In 2014–15, ACTAS new station expected to be operational managed 47 462 incidents involving 46 442 B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. in 2016. responses by operational crews. Details of ACTAS 2014–15 Operational Activity is GREENWAY AMBULANCE STATION provided in Table 25. The Government has allocated funding Table 25 – ACT Ambulance Service 2014–15 of $1.253m in the 2015–16 Budget for Operational Activity the adaptive re-use of the former fire station at Greenway to become a modern, Incident Type Incidents Responses fit-for-purpose ambulance station. Paramedic Medical (includes 44 554 42 671 crews will be relocated from their current aeromedical) base at Kambah, when the Greenway station Dual Response 2 918 3 771 has been reconfigured. This relocation (Fire, Storm, etc.) reflects strategic station modelling targeted at improving emergency response coverage Total Incidents 47 462 46 442 across the Territory. The new ACTAS station is expected to become operational mid 2016. ACTAS Blueprint for Change
ACT Ambulance Service In 2014–15, a review into organisational behaviours in ACTAS culminated in the The ACTAS has a broad range of development of the ACTAS Enhancing responsibilities in accordance with the Professionalism: A Blueprint for Change. Emergencies Act 2004. The ACTAS is The Blueprint provides the framework for responsible for providing emergency, ACTAS, and the broader ESA, to enhance non-emergency and aero-medical ambulance professionalism and address workforce services to the ACT community in addition concerns around trust, conflict resolution to supporting other response agencies in the and leadership. Progression of the Blueprint delivery of their responsibilities. The ACTAS is a key priority of the ESA Commissioner and delivers these services from eight ambulance ACTAS Chief Officer who are committed to stations, the ESA ComCen, ESA Headquarters progressing actions collaboratively with staff and ESA Training centre on a 24/7 basis. and industrial representatives. Under nationally agreed indicators, the ACTAS A governance framework was established for measures Priority 1 (E000) response times progression of the Blueprint which includes against 8 minutes or less (50th percentile) and an Oversight Committee and an Independent 15 minutes or less (90th percentile). In 2014–15 the ACTAS achieved a response time of 8 1 Under Accountability Indicator data analysis methodology, P1 Records that are incomplete due to operator or system errors are excluded from data-set reporting.
Justice and Community Safety Directorate Annual Report 2014-15 101 Chair. The Oversight Committee also includes Medical staffing for the service is drawn representation from front line operations and from Intensive Care Flight Paramedics industrial representatives and will provide employed by the ACTAS and Flight Physicians quarterly progress reports to the Minister. The from the Capital Region Retrieval Service Blueprint staff engagement schedule included at the Canberra Hospital. Pilots, aircrew a number of facilitated staff workshops and engineering support is provided by with key outcomes to be progressed in new CHC Helicopters (Aust). financial year via the establishment of Project Groups consisting of ACTAS staff. During 2014–15, this life-saving aero-medical retrieval service flew 509 missions, which Snowy Hydro SouthCare included inter-hospital retrieval, search and rescue, and pre-hospital primary taskings. The Snowy Hydro SouthCare helicopter Operational activity increased by 43 missions aero-medical service is a joint venture funded compared to the same period in 2013–14. In by the ACT and NSW Governments which addition, 91 road retrievals were undertaken provides aero-medical retrieval and rescue by the rostered flight team. services to the ACT and surrounding region of south-east NSW.
ACTAS Flight & Road teams unload a patient from the Snowy Hydro SouthCare Helicopter following a medical retrieval. [Photo – Richard Forshaw]
102 Justice and Community Safety Directorate Annual Report 2014-15 Community Engagement message and embedded Link to the National Stroke Foundation web-site. The program PATIENT SATISFACTION raised awareness of the importance of early Each year ACTAS participates in a national recognition of the signs of stroke and early survey with all other Australian ambulance assessment and treatment. services seeking feedback from patients or SOUTHCARE BASE OPEN DAY the carers of patients to whom the ACTAS has provided clinical care. Key objectives of the In November 2014, ACTAS worked with the survey are to benchmark perceived service Snowy Hydro SouthCare Trust to host an open quality and customer satisfaction levels across day at the SouthCare Helicopter Base. The all state and territory ambulance services. day was used to promote awareness in the community of the aero-medical rescue and PERFORMANCE AND OVERVIEW ORGANISATION B. During 2014–15, 1 300 surveys were issued. medical retrieval services provided via the The survey results are collated nationally and Snowy Hydro SouthCare helicopter service. the outcomes are published after the end of the financial year. In the 2014 survey ACTAS ACT AMBULANCE SERVICE SESSIONS IN THE ACT achieved an overall patient satisfaction of HEALTH NRMA FUNDED ‘PARTY’ PROGRAM 98%, the same as in 2013. Between February and June 2015, ACTAS EXTREME HEAT PREPAREDNESS delivered 13 half hour sessions as part of the NRMA funded ACT Health ‘PARTY’ program. In 2014–15, ACTAS developed this component Several hundred 15–18 year old ACT senior of CBR: Bushfire Ready to increase awareness students were engaged across the 13 in at-risk and vulnerable community groups sessions. Face-to-face engagement included and individuals of extreme heat health risks scenarios with a focus on identifying medical and avoiding heat stress. The Extreme Heat emergencies and seeking medical assistance fact sheet and Emergency Medical Information regardless of possible participation in or forms remain available on the ACTAS website. witnessing of risk-taking behaviours.
This program aimed to increase community ACT Fire and Rescue awareness of the risks associated with extreme heat events and strategies to prevent The ACTF&R has a broad range of heat stroke. responsibilities in accordance with the Emergencies Act 2004. The ACTF&R is ASTHMA AWARENESS responsible for fire response in the built up In September 2014, ACTAS supported the areas, rescue (road accident, vertical, confined National Asthma Foundation by asking all space, trench, urban search and rescue), ESA staff to use an email banner with the emergency medical response in support of message ‘take control of your asthma’ and ACTAS and chemical, biological, radiological, an embedded link to the National Asthma and hazardous materials incidents. ACTF&R Foundation web-site. This program raised also has responsibilities for fire safety of the awareness of the importance of having built environment and investigation of fire appropriate and up-to-date plans of care and cause and supports the service delivery of action plans for managing asthma. other emergency response agencies. ACTF&R delivers these services from nine fire stations, FAST – RECOGNISING THE SIGNS OF STROKE the ESA ComCen, ESA Headquarters and the ESA Training centre on a 24/7 basis. In September 2014, ACTAS supported the National Stroke Foundation by asking all ESA staff to use an email banner with a
Justice and Community Safety Directorate Annual Report 2014-15 103 Service Delivery
In 2014–15, ACTF&R attended to 10 321 incidents, which involved 22 946 responses by operational crews. Details of ACTF&R 2014–15 Operational Activity is provided in Table 26.
Table 26 – ACT Fire & Rescue 2014–15 Operational Activity
Incident Type Incidents Responses Fires Structure Fires 271 1 423 Mobile Property Fires 193 434 Landscape fires, bush and grass 185 683 Other fires 205 411 Total Fires 854 2 951 Other emergencies and incidents Hazardous conditions 449 1 287 Severe Weather & Natural Disasters 167 382 System initiated FALSE alarms 5 731 10 604 Other 1 659 3 652 Total other emergencies and incidents 8 006 15 925 Non-fire rescue calls (including road rescue) Road Accident Rescue Operations 1 129 3 547 Medical Assists 162 269 Other Rescue (includes animal rescue) 170 254 Total Non-fire rescue calls (including road rescue) 1 461 4 070 Total ACTF&R Operational Activity 10 321 22 946
Automatic Fire Alarms
There were 3 281 Automatic Fire Alarms (AFAs) The total number of automatic alarm initiated connected in the ACT as at 30 June 2015. calls received by ACTF&R in 2014–15 was AFAs provide vital early warning to occupants 5 731, the vast majority of which were to and automatic notification to ACTF&R in premises where subsequent investigation higher-risk premises such as multi-storey found there was no fire. The ACT rate of AFA buildings, hospitals, shopping centres, calls is similar to other like jurisdictions. schools, universities, nursing homes and Government infrastructure. In addition to sensing fire, installed alarm systems are designed to respond to smoke in the vicinity, dust particles or water hammer via hydraulic infrastructure.
104 Justice and Community Safety Directorate Annual Report 2014-15 Community Resilience Section Firefighter Capability Section
Below is a high level summary of some of This section is responsible for the the activities undertaken during 2014–2015 development and delivery of training, by the small team in the Community particularly in relation to skills acquisition Resilience section: training. ACTF&R provides specialist • 100 building clearances based on the skills training, with training meeting the deemed to satisfy provisions of the National requirements for the awarding of nationally Construction Code; recognised qualifications under the Public Safety Training Package. During 2014–2015, in • 57 occupancy loadings for addition to on shift training activities, ACTF&R licensed premises; personnel undertook 12 452 hours of formal B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. • 205 alternate solution assessment face-to-face training. for variations to the deemed to satisfy provisions of the National New Pumping Appliances Construction Code; During 2014–15, ACTF&R took delivery • fully utilised the community education of two new purpose-built rescue and bookings from the public at https:// firefighting vehicles as part of a strategic esa.act.gov.au/actfr/contact-us/reque vehicle replacement program. These vehicles st-for-attendance-at-event/ to provide replaced existing vehicles that had reached ongoing community awareness for the the end of their service life. Both new vehicles ACT community; have themed graphic treatments to recognise • revised 18 pre-fire plans and produced four unique elements of the ACT. new pre-fire plans for the 2014–15 Bushfire One vehicle is decorated to celebrate season; and the 2013 centenary of ACTF&R and includes • in conjunction with other ESA agencies, graphic representation of historical events. developed and implemented a common The second (shown below) is decorated alerting protocol system for bushfire with Indigenous artwork, representing the warnings to the ACT community. ACT and the historical role of fire in the Canberra region.
ACTF&R pumper decorated with Indigenous artworks representing the ACT and the historical role of fire in the Canberra region.
Justice and Community Safety Directorate Annual Report 2014-15 105 Community Engagement bushfire season and the CBR: Bushfire Ready campaign. Through this campaign CFU WINTER FIRE SAFETY volunteers educate fellow residents in the During 2014–15, ACTF&R worked with ACTRFS streets and suburbs they are located in at the to deliver the annual winter fire safety urban edge and in bushfire prone areas. campaign across city and rural communities. Throughout the year CFU volunteers also The campaign aimed to reduce the number undertook letterbox drops in their designated of structure fires in the ACT during the winter areas to inform residents of the role of CFU months. This year’s theme once again focused and to promote fire prevention strategies, on electrical power point and power board fire safety for homeowners and to encourage overloading. Themes in previous years have recruitment for the CFU. targeted cooking and kitchen fires. The Both campaigns aim to increase bushfire success of this campaign in recent years is safety awareness in targeted areas on the believed to have contributed to the reduction urban interface. in the number for house fires between June and August. ACT FIRE MUSEUM
CHANGE YOUR CLOCK, CHANGE YOU SMOKE ALARM During 2014–15, the ACT Fire Museum BATTERY was open to the public every fortnight on Saturday morning between 10am and 2pm. During 2014–15, the ACTF&R participated Volunteers from the Museum were supported in this national campaign with all other by operational fire crews to interact with and Australian fire and rescue services to promote educate the community. Factsheets detailing awareness of the need to maintain smoke targeted fire safety advice were available to alarms. ACTF&R provided smoke alarm hand out and for discussion on the day. batteries and written advice to the community at the SouthCare Base Open Day and over 500 ACT Rural Fire Service community members are estimated to have been reached. Attendance of ACTF&R crews Under the Emergencies Act 2004, the main at Bunning’s warehouses also provided fire function of the ACTRFS is to protect and safety advice. preserve life, property and the environment from fire in rural areas, and support our FIRE EDUCATION PROGRAM neighbours under a range of interstate arrangements with the NSW Rural Fire Service During 2014–15, ACTF&R operational crews (NSWRFS) and the NSW Office of Environment delivered a structured education program and Heritage. Volunteers and staff operate aimed at all entry level schools students in out of eight brigade stations, Parks facilities, the ACT. The program is designed to provide the Hume Helibase and the ESA Headquarters basic home fire safety practices and advice at Fairbairn. to Kindergarten or composite (K1) students. In 2014–15, 4 942 students across 94 schools Service Delivery participated in this program. This program aims to raise awareness of childhood fire The ACTRFS was involved in 137 safety to form lifelong fire safety behaviour. reported incidents in 2014–15. Details of ACTRFS 2014–15 Operational Activity is CFU SATURDAY AND CFU LETTERBOX DROPS provided in Table 27. On 8 November 2014, CFU volunteers took to the streets to raise awareness of the 2014–15
106 Justice and Community Safety Directorate Annual Report 2014-15 Table 27 – ACT Rural Fire Service 2014–15 Operational Activity
Incident Type Incidents Responses Grass and bush fires 51 309 Smoke investigations 7 32 Vehicle fire 24 71 Motor vehicle accident 7 8 Storm/flood (assisting ACTSES) 1 2 Structure Fires 2 10
Hazard Reductions 42 573 PERFORMANCE AND OVERVIEW ORGANISATION B. Interstate Deployments 3 80 Total Incidents 137 1 085
Note: Response numbers for Interstate Deployments are counted by personnel who attended, not vehicles like other response types.
Under the National Aerial Fire fighting Centre • undertook the ACTRFS Open Day at arrangements, the ACT again contracted one the Hume ACTRFS Helibase on 26 light and one medium helicopter during the October 2014; Bushfire Season, managed out of the ACTRFS • hosted cross border briefings with staff Hume Helibase. and senior volunteers from surrounding The Remote Area Fire fighting Team (RAFT) NSW RFS Districts and NSW Office of capacity was maintained with 50 crew Environment and Heritage staff, to ensure members on line. A project to broaden the that the operational intent of Memorandum RAFT membership across Volunteer Brigades of Understandings and Mutual Aid commenced over this period to provide a Agreements were being met; broader representation for the future across • attended the NSWRFS pre-season briefing volunteer members. to ensure continued integration for fire management at a District, Regional and A key prevention and mitigation initiative State level; and overseen by the ACTRFS is the Farm FireWise program. This continued across the Territory • maintained involvement in community engaging leaseholders in developing bushfire engagement initiatives including the 2015 mitigation and response measures as part of Royal Canberra Show. their lease agreements. 2014–15 Bushfire Season The ACTRFS achieved a number of significant The early part of the 2014–15 bushfire goals over this period: season experienced reduced rainfall and • supported the CBR Canberra Bushfire high temperatures resulting in a high level of Ready Campaign in the ACT in 2014 with preparedness within the Service. This season volunteers participating in doorknocking saw the ACTRFS attending a number of grass events and community meetings; and bushfires across the Territory. Two Total • hosted the pre-season briefing on 16 Fire Bans were declared in the ACT between 1 September 2014; October 2014 and 31 March 2015.
Justice and Community Safety Directorate Annual Report 2014-15 107 Community Engagement
ACTRFS OPEN DAY
On 26 October 2014, ACTRFS held its annual Open Day at the ACTRFS Helicopter Base in Hume. The Open Day was a community engagement event designed to increase awareness of risk of bushfires, what community members can do to prepare their residences and the role of ACTRFS and ACTRFS volunteers. On the day, a variety of family friendly activities, displays and fire fighting equipment were set up to teach members of the community, of all ages, about bushfire preparedness.
ACT Rural Fire Service Open Day 2014
COMMUNITY AWARENESS ACT State Emergency Service
During 2014–15, community awareness The ACTSES is established under Section 56 programs were provided to a range of of the Emergencies Act 2004 and has a broad organisations requiring specific or targeted range of legislative responsibilities. The information regarding the ACTRFS and main function of the ACTSES is to undertake bushfire preparedness. The ACTRFS provided planning and response operations for storms community awareness to the public and floods. The most important assets of through volunteer attendance at school the State and Territory Emergency Services fetes, community events (such as the Royal are their volunteers. They are highly skilled Canberra Show), fundraising events and and well trained to provide services to their community meetings. ACTRFS community communities during and after emergencies. awareness programs are designed to make The ACTSES work out of seven volunteer units community members more aware of the risk at strategic locations across the ACT and ESA of bushfires, what they can do to prepare Headquarters at Fairbairn. their residences and the role of ACTRFS and ACTRFS volunteers.
108 Justice and Community Safety Directorate Annual Report 2014-15 Service Delivery
During 2014–15, the ACTSES received 800 operational requests from the community, of which 748 related to storm and flood damage. ACTSES continues to provide support with lighting towers, searches (evidence, missing person and air), traffic management during operations and communications support.
Details of ACTSES 2014–15 Operational Activity is provided in Table 28.
Table 28 – ACT State Emergency Service 2014–15 Operational Activity
Incident Type Incidents Responses
Storm and flood 748 - PERFORMANCE AND OVERVIEW ORGANISATION B. Search and rescue 11 - Operational assistance to other services 37 - (provision of flood boat service, lighting towers, catering) Interstate deployments 4 - Total Incidents 800 -
Note: This is the first financial year where ACTSES has used Australian Incident Reporting System data for annual reporting. Traditionally ACTSES has not reported on responses and AIRS data was not configured to generate a response report for ACTSES for this financial year. This will be rectified in next year’s Annual Report to align to the reporting data of the other ESA Services.
Community Engagement StormSafe activities focussed on educating parents and their children on what to do During 2014–15, the ACTSES participated in before, during and after a storm, including or facilitated 204 community engagement what they can do to prepare their homes, activities, of which 145 related to targeted people and pets for storms and how to educational presentations. Of these, 118 were contact the ACTSES for assistance during individual home visits conducted as part storms and floods. The ACTSES StormSafe of the Legacy Gutter Clean program during Campaign comprised: the StormSafe campaign. The remaining 59 community engagement activities • a colouring-in competition held in were in support of local groups, including conjunction with Woolworths in the lead up school-based activities, seniors groups, to StormSafe; culturally and linguistically diverse groups, • display stalls and educational activities Scouts, Girl Guides and campaigns including conducted at five locations around White Ribbon Day and Convoy for Cancer. Canberra over four days at locations and events of particular interest to children STORMSAFE CAMPAIGN and young people, including Floriade, the The 2014 ACTSES StormSafe campaign was National Arboretum Spring Program and launched by the then Minister for Police Questacon; and and Emergency Services, Simon Corbell, on • assistance by ACTSES volunteers to 118 Saturday 20 September 2014 at the Floriade Legacy widows by cleaning their gutters, Kids’ Corner. An estimated 12 000 members of trimming branches and providing safety the public attended Floriade on that day. and preparedness messages as part of the StormSafe campaign.
Justice and Community Safety Directorate Annual Report 2014-15 109 ACTSES WEEK & WEAR ORANGE WEDNESDAY or targeted information regarding the (WOW DAY) ACTSES, storms or floods. The majority of the community programs occur through ACTSES Week was held from 8–14 interactive presentations and displays which November 2014. Each year the ACTSES are tailored to suit the age group or the topic. conducts ACTSES Week as a way to promote the work of its volunteer members in helping The migrant community received information the community. Although nationally the about what the ESA does and what its recognition and celebration of SES volunteers responsibilities are. They were encouraged only comprises WOW Day, in the ACT SES to learn the emergency numbers and when volunteers are still celebrated for the entire to use them. The Scout groups differ in that week. The week is also used to publicly the programs were tailored to suit their thank the family and employers of ACTSES competency for their ‘badge’. School groups volunteers for their ongoing support of received a tailored program to suit the the organisation. curriculum e.g. workers in the community, safety. The primary focus of these programs WOW Day is celebrated across Australia with is what they can do to help their parents prior all SES States and Territories taking part in to a storm or flood, what to do during a storm, their own set of organised activities based and staying clear of water following a storm. around a National Theme – WOW. To engage Additionally the presentations focused on the community the campaign is run nationally preparing a family emergency kit and what to through media, including radio, with the do to if you have a pet. support of organisations such as NRMA.
ACTSES Week and WOW Day provide an COMMUNITY AWARENESS opportunity to raise the profile of the SES The ACTSES volunteers attended 59 separate nationally and thank volunteers, their families community events and activities in 2014–15. and employers locally. ACTSES volunteers assist at many community events and activities supporting the Canberra COMMUNITY EDUCATION community in a number of ways. This includes During 2014–15, ACTSES volunteers delivered supporting the traffic management, manning 27 different community education programs stalls and displays and by interacting with the to a range of organisations such as schools, public on the overall responsibilities of ESA. community groups and Scouts. Community These events range from school fetes to the education programs were also provided to large community activities such as Skyfire and a range of organisations requiring specific Australia Day.
ACTSES members assisting NSW SES during interstate deployment to the Hunter Region in April 2015
110 Justice and Community Safety Directorate Annual Report 2014-15 Security and Emergency • launching of the ‘See Something Say Management Something’ campaign – to inform the public on security and emergency actions to reflect the change in the national The Security and Emergency Management security landscape. Branch (SEMB) is a small business unit responsible for the development of strategic Protective Security Policy Framework policy on whole-of-government issues including protective security, emergency Protective security covers four pillars: management, counter-terrorism, countering governance, physical, personnel and violent extremism, public safety and critical information. This portfolio is vital for the infrastructure resilience and protection. development of a proactive security culture to protect the ACT Government’s people, assets PERFORMANCE AND OVERVIEW ORGANISATION B. On 12 September 2014, the National Threat and information. Assessment Centre raised the general terrorism threat level for Australia to ‘HIGH Consistent with the ACT Government’s – terrorist attack is assessed as likely’. While commitment to protective security, the there has been no identified threat specifically implementation of the ACT Protective Security to the ACT, the ACT Government in close Policy Framework (PSPF) is progressing liaison with the Commonwealth Government and scheduled for reporting in July 2016. and States and Territories has undertaken During 2014–15, the following resources were planning and preparedness activities to produced to support implementation across enhance the ACT’s ability to respond to and the ACT Government: recover from a counter-terrorism event. • Strategic Security Risk Assessment with treatment strategies; Key Achievements • ACT Government Information Security In 2014–15, the following key achievements Education Guideline to support were accomplished by the SEMB: the protection of information from • Exercise Red Card – four unauthorised use or accidental whole-of-government emergency exercises modification, loss or release; aimed at practising how territory agencies • ACT Protective Security Share Point site respond to and coordinate an incident at a to provide a secure community forum for place of mass gathering; security specialists and access to protective • development and approval of the ACT security information for employees; Recovery Plan – identified through the • Review of the ACT Vetting Protocols to outcomes from Exercise Red Card, and ensure the suitability and integrity of access incorporates Infrastructure, Economic and to ACT Government information; Environment recovery actions; • Protective Security Maturity Assessment • whole-of-government planning and Tool to assist with compliance reporting; coordination activities in response to the • ‘See Something Say Something’ campaign change in the national terrorism alert level used successfully at the 2015 Multicultural to HIGH; Festival and on ACTION Buses.
Justice and Community Safety Directorate Annual Report 2014-15 111 SEMB distributed See something, Say something information cards across ACT Government
Protective Security Actions Public Safety
To facilitate a proactive protective security CLOSED CIRCUIT TELEVISION culture, the SEMB has improved and increased engagement with both jurisdictional and The ACT Government Public Safety Closed national stakeholders. In the 2014–15, Circuit Television (CCTV) System is managed SEMB has: by the SEMB in partnership with ACP. The network comprises street and site safety • processed 121 national security clearances ; cameras located in Civic, Kingston, Manuka, • reviewed 30 high office foreign the Jolimont Centre, Canberra Stadium, EPIC, delegation visits; and Manuka Oval. In total, 72 cameras are • provided 25 official travel briefings to high recording 24/7 to support crime prevention office holders; and community safety strategies. • conducted over 100 classified document In June 2015 an environment scan of the read services to the ACT Government; and CCTV system was conducted; the outcomes • conducted over 20 site visits to of this analysis will provide options for the review the physical and personnel immediate and strategic future growth of the security requirements. public safety system. This is aimed to reflect the contemporary security threat and context.
The ACT Government CCTV Working Group provides a collaborative forum for developing, improving, and innovating CCTV installations and use in the ACT Government. The CCTV Working Group meets three times a year and secretariat support is provided by SEMB for this committee.
112 Justice and Community Safety Directorate Annual Report 2014-15 Disaster Resilience
RESILIENT AUSTRALIA AWARDS
Natural disasters are a feature of the ACT environment and landscape. The ACT Resilient Australia Awards, facilitated through the SEMB, recognise and promote disaster resilient projects and initiatives to better prepare the community.
In 2014, the ACT Government Resilient Australia Award winner was the ESA ‘Living on the Edge’ program. This program is designed to attract those who live in ‘at-risk’ areas of the ACT to be involved in the review of the SBMP. The ACT also produced the winner of the national photographic category. B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B.
Photo selected as part of the Resilient Australia Awards
National Partnership Agreement on Natural the risks identified in theACT Territory Disaster Resilience Wide Risk Assessment (2014). Some notable projects include: In March 2014, the Prime Minister and ACT Chief Minister signed the two-year National CAPABILITY PROJECTS: Partnership Agreement on Natural Disaster • access, remediation and bushfire Resilience. Through this agreement, the mitigation works (Territory and Municipal Commonwealth and State/Territories are Services Directorate); jointly funded on a 1:1 basis, through projects or activities for disaster resilience. • conversion of the Emergency Guide into ten (10) languages (Community The ACT Government through the SEMB Services Directorate); continues to implement the National • Strategic Bushfire Management Capability Partnership Agreement on Natural Disaster Framework (ESA); and Resilience 2013–15. This initiative supported twenty disaster resilience programs in the • proposed development of a ACT in 2014–15. These programs reflected whole-of-government Incident Management System (ESA).
Justice and Community Safety Directorate Annual Report 2014-15 113 Community Projects: • Security and Emergency Management • psychological first aid training for Lifeline Planning Group (SEMPG) – reports to volunteers (Lifeline); SEMSOG as a supporting mechanism to ensure cooperation and coordination • retention, recruitment and preparedness of activities between ACT Government training for Anglicare volunteers (Anglicare); directorates and agencies under the broad and headings of Prevention, Preparedness, • proposal to raise the profile of volunteering Response and Recovery and within an across all sectors of the community all-hazards context. SEMPG undertakes (Volunteering ACT). research, planning and policy development on matters relating to disaster National and Local Government Committees resilience, counter-terrorism, emergency In light of the increased national threat levels management, and critical infrastructure, in September 2014, the SEMB provided as well as those matters relating to increased support for whole-of-government whole-of-government resilience, crisis coordination on security and emergency and consequence management, public management matters. This included the information, and capability development. running of extraordinary senior executive • ACT Security In Government Committee meetings, review of emergency plans, (ACTSIGC) – the role of the ACTSIGC is to provision of whole-of-government information undertake research, planning and policy and policy advice, and briefing Ministers on development on matters relating to their roles and responsibilities. protective security including appropriate physical, personnel and information One planning highlight was the drafting security measures, plans, policies and and coordination of the ACT Recovery Plan procedures. This includes, but is not limited which now incorporates the elements of to the PSPF. Infrastructure, Economic and Environment recovery actions. The SEMB supports ACT membership on national emergency management, security The SEMB provides support to and counter-terrorism committees and whole-of-government security and emergency sub-committees including the Australia-New management committees. These include: Zealand Counter-Terrorism Committee • Security and Emergency Management (ANZCTC) and the Australia-New Zealand Committee of Cabinet (SEMC) - provides Emergency Management Committee. strategic direction to the ACT Government’s preparations for emergencies under an Exercises all-hazards planning framework. The SEMB through financial contribution • Security and Emergency Management from the ANZCTC Drill-Style Exercise Program Senior Officials Group (SEMSOG) – in line coordinated a number of counter-terrorism with the Emergencies Act 2004, the SEMSOG exercises in 2014–15 to test the ACT’s is the primary mechanism for ensuring prevention, preparedness, response and cooperation and coordination of activities recovery arrangements in the event of between ACT Government directorates a terrorist‑related incident. All relevant and agencies under the broad headings of agencies, including ACP, participate in Prevention, Preparedness, Response and these exercises. Recovery, and within an all-hazards context.
114 Justice and Community Safety Directorate Annual Report 2014-15
Participants involved in Exercise Red Card. PERFORMANCE AND OVERVIEW ORGANISATION B.
• Exercise Red Card – was a to terrorist ideology and assist individuals whole-of-government emergency exercise to disengage and de-radicalise from violent series aimed at practising how Territory extremist beliefs and influences. agencies respond to and coordinate an incident at a place of mass gathering. The Under CVE, 2014–15 saw the following outcomes were used in preparation for accomplishments: the 2014–2015 summer events including • Finalisation of the 2015–16 Commonwealth the 2015 AFC Asian Cup and the ICC Cricket Funding Agreement with the ACT for the World Cup matches held in Canberra. coordination of implementation of the (Insert AR Photo 3 and 4). Australian Countering Violent Extremism Intervention Framework Pilot Program – • Exercise Alchemy 4–5 May 2015 – the ACT co-hosted a joint ACT and Commonwealth this reflects the allocation of an ACT CVE Government exercise to determine the Coordinator to the position and securing of effectiveness of existing crisis centre funding for CVE specialist services; arrangements in the event of a terrorist • CVE Intervention Tools Training (RADAR) for incident. The focus was on the impacts of ACT CVE Intervention Panel-Members to social media, activation at an alternate site assist panel members to determine whether and strategic support for leaders. an individual is suitable for intervention or should be referred elsewhere; Countering Violent Extremism • Scoping of the ACT CVE Intervention Program Countering Violent Extremism (CVE) actions aimed to connect at risk individuals with a are reflected in theReview of Australia’s range of Government and non-Government Counter Terrorism Machinery, the Martin Place services such as mentoring, coaching, Siege Joint Commonwealth – New South Wales counselling, education and employment; Review in January 2015 and the National and Counter Terrorism Strategy. Preventative CVE • Australian Government 2015–16 ‘Living actions are a significant contributor to deter Safer Together’ Grants. The ACT obtained acts of terrorism. $50 000 in Commonwealth funding for the Canberra Islamic Centre and $46 630 for the The ACT Government, represented by Migrant and Refugee Settlement Services the SEMB, through the ANZCTC and of the ACT. These grants are to assist Countering Violent Extremism Steering community groups to deliver innovative Committee is committed to working with the de-radicalisation and diversion services. Commonwealth and jurisdictional partners and at-risk communities to build resilience
Justice and Community Safety Directorate Annual Report 2014-15 115 STRATEGIC INDICATORS AND OBJECTIVES
Strategic Objective 1 – Accessible Justice System
Strategic Indicator 1: Justice System Completion Rates
The ACT justice system seeks to ensure fairness to all persons involved. A fair justice system is accessible, deals with matters in a reasonably expeditious manner and is one in which all persons involved conduct themselves in a way that promotes, protects and respects rights.
2011–12 2012–13 2013–14 2014–15 Success Strategic Indicator Result Result Result Result Timely completion of Median number of days to finalise civil cases from time of lodgement1 civil cases in the courts Magistrates Court N/A N/A N/A 472 Supreme Court N/A N/A N/A 3653 Coroners Court4 N/A N/A N/A 835 Timely completion of Median number of days to finalise criminal cases from time of lodgement1 criminal cases in the 6 courts Magistrates Court N/A N/A N/A 85 Supreme Court N/A N/A N/A 2117 Number of criminal cases that are finalised from time of listing, reported by a > 128 month time interval Magistrates Court 121 148 125 3269 Supreme Court 192 92 34 5610 Timely completion Median number of days to N/A N/A N/A 4911 of ACT Civil and finalise ACAT cases from time of Administrative lodgement1 Tribunal (ACAT) case
1 Revised wording to report the ‘Median’ which provides a more meaningful measure (averages can be distorted). 2 The target for this measure was 60 days. The target was based on historical data that did not take into account the recent initiatives to improve disposition times. 3 The target for this measure was 451 days. The target was based on historical data that did not take into account the recent initiatives to improve disposition times. 4 New measure in 2014-15. 5 The target for this measure was 153 days. The target was based on historical data that did not take into account the recent initiatives to improve disposition times. 6 The target for this measure was 70 days. The result exceeded the target due to the Magistrates Court focusing on the finalisation of older criminal cases. 7 The target for this measure was 373 days. The target was based on historical data that did not take into account the recent initiatives to improve disposition times. 8 This measure was transferred from Strategic Objective 2 in 2014-15. 9 The significant increase is consistent with the emphasis the Magistrates Court has given to reducing the number of matters more than 12 months old. 10 The Supreme Court continues to reduce the number of pending matters more than 12 months old. 11 The target for this measure was 64 days. The target was based on historical data that did not take into account the recent initiatives to improve disposition times.
116 Justice and Community Safety Directorate Annual Report 2014-15 Strategic Objective 2 – Safe Community
Strategic Indicator 2: Crime Related Community Safety
An effective criminal justice system underpins the safety of the community. Although neither the Directorate nor the ACT Government can control all of the factors that impact on community safety, effectiveness can be measured by examining the level of crime against people and property and whether the justice system deals with offenders in a way that reduces the risk of further offending.
2011–12 2012–13 2013–14 2014–15 B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. Success Strategic Indicator Result Result Result Result Reduction in % change1and number of –7.0% –8.7% –6.7% –6.5% level of crime offences against the person 770.3 703.2 655.9 613.1 reported or becoming known per 100,000 population % change2 and number of –18.9% –4.2% 14.7% –11.3% offences against property 5 522.2 5 288.5 4 509.6 5 020.1 reported or becoming known per 100,000 population Perceptions of The percentage of people who Refer to A Refer to A Refer to A 92.7% safety felt ‘safe’ or ‘very safe’ at home by themselves during the night The percentage of people Refer to B Refer to B Refer to B 58.4% who felt ‘safe’ or ‘very safe’ walking by themselves in their neighbourhood during the night The percentage of people who Refer to B Refer to B Refer to B 32.9% felt ‘safe’ or ‘very safe’ travelling by themselves on public transport during the night No escapes/ number of escapes or absconds 0 0 0 0 abscondments per 100 detainees3 from custody
1 % change refers to the change from the previous financial year. 2 % change refers to the change from the previous financial year. 3 Counting definitions for this strategic indicator are aligned with the Report on Government Services indicator for escapes.
Justice and Community Safety Directorate Annual Report 2014-15 117 118 Justice and CommunitySafety Directorate
% change % change 2014–15 from 2010–11 2011–12 2012–13 2013–14 2014–15 2014–15 from National National Strategic Indicator Result Result Result Result Target Result target Average Average Perceptions of safety at home – A The percentage of people 88.6 91.0 90.4 93.8 89.0 92.7 4.2 89.4 4.1 who felt ‘safe’ or ‘very safe’ at
AnnualReport 2014-15 home by themselves during the night
Perceptions of safety in public places – B The percentage of people 49.9 55.1 55.1 54.3 51.5 58.4 13.4 52.7 13.1 who felt ‘safe’ or ‘very safe’ walking by themselves in their neighbourhood during the night The percentage of people 34.3 33.5 33.0 32.5 24.6 32.9 33.7 27.8 29.9 who felt ‘safe’ or ‘very safe’ travelling by themselves on public transport during the night Strategic Objective 3 – Safe Community – Emergency Services
Strategic Indicator 3: Emergency Related Community Safety
2012–13 2013–14 2014–15 Success Strategic Indicator Result Result Result Increased Percentage of planned N/A N/A 68% community community engagement and resilience for awareness events conducted1 emergencies Percentage of leaseholders N/A N/A 68% within the Bushfire Abatement Zone with a Farm Fire-wise plan2 PERFORMANCE AND OVERVIEW ORGANISATION B. Number of sub-plans to the ACT N/A 5 5 Emergency Plan reviewed ACT Public Information N/A 2 2 Coordination Centre for the ESA lead emergency response – number of exercises conducted Percentage of emergency alerts, N/A 100% 100% updates and warnings to the ACT Community through the use of the SPOT system Maintain or increase volunteer N/A N/A –3.81% levels. Percentage change in levels3 Reduced loss Percentage reduction in 3 year –24% –118% –41% of life rolling average of fire related deaths per 100,000 population4 and loss/damage of property Percentage and number of 69% 81.5% 78.23% structure fires confined to room (82) (106) (97) of origin Percentage of 132 500 N/A N/A 100% storms and flood callouts acknowledged within 24 hours5 Reduced Percentage and number of 99.65% 98.2% 99% impact on the bushfires kept below five (285) (224) (195) environment from hectares of damage within the bushfires ACT6
1 New measure in 2014-15 to replace Percentage of targeted community members aware of hazards. 2 New measure in 2014-15 to replace Percentage of non-participating rural properties approached to implement Farm Fire Wise (previously an Accountability Indicator). 3 New measure in 2014-15. This measure was previously an Accountability Indicator in Output 4.1. 4 The purpose of this indicator is to show the fire mortality rate per 100,000 of population. This data is sourced from the Report on Government Services (ROGS) and the figure above is calculated from information reported in the 2014 ROGS. Note that information is based on movement in 3 year rolling averages and is adjusted by the Australian Bureau of Statistics due to privacy concerns, which has a very large affect on small jurisdictions 5 New measure in 2014–15 to replace Percentage and number of storm damage incidents responded to within ESA time standards. 6 Revised wording - within bushfire abatement zones and built up areas replaced with within the ACT.
Justice and Community Safety Directorate Annual Report 2014-15 119 Strategic Objective 5 – Promotion and Protection of Rights and Interests
Strategic Indicator 5: Awareness and Compliance With Human Rights and Interests
The ACT Human Rights Commission, the Public Advocate of the ACT, and Victim Support ACT all protect the rights of vulnerable members of the community. All three agencies provide community engagement, information, support and/.or advice in relation to the roles and functions of their agencies, including how members of the community can access and protect their rights. Additionally, as required under the Human Rights Act 2004, the Directorate seeks to ensure that all legislation is compatible with human rights.
2011–12 2012–13 2013–14 2014–15 Success Strategic Indicator Result Result Result Result New % and number of new 100% 100% 100% 100% Government Government laws that are (61) (41) (56) (54) laws are compatible with human rights compatible legislation at the time of with human introduction rights legislation at time of introduction Increased Number of community 303 828 947 1 193 community members made aware of awareness of their rights in the area of how to access responsibility for victim support and protect rights Number of community engagement activities undertaken by: Human Rights Commission N/A N/A 35 32 in area of human rights and service provision; and Public Advocate of the ACT N/A N/A 86 61 in the area of Guardianship, Public Advocacy and Enduring Powers of Attorney
120 Justice and Community Safety Directorate Annual Report 2014-15 B.3 SCRUTINY
Auditor-General Report No.1 / 2014 – Speed Cameras in the ACT. Presented to the Speaker of the ACT Legislative Assembly on 20 March 2014.
Standing Committee on Public Accounts Committee – Auditor-General’s Performance Audit Report – Speed Cameras in the ACT. ACT Government Position. Provided to the Speaker of the ACT Legislative Assembly on 28 November 2014.
Recommendation No. and summary Action Status PERFORMANCE AND OVERVIEW ORGANISATION B. 1. The ACT Government should develop and implement a The ACT Road Safety Complete speed camera strategy that: Camera Strategy a. includes a goal and measurable objectives for was presented to the achieving a reduction in road trauma on ACT roads Legislative Assembly in through the use of speed cameras and related speed May 2015. management actions; b. takes a long term perspective (to 2020 or beyond) and addresses speeding and speed related crashes across the whole of the ACT road network; c. establishes, using leading practice elsewhere, options for the development and integration of speed camera systems that will collectively achieve the targeted reductions in road trauma; and d. includes a sensitivity analysis, to support future budget proposals, which shows how varying levels of investments and the phasing of implementation will affect short, medium and long-term road safety. 2. The ACT Government should develop and implement a The Mobile Camera Complete mobile speed camera plan which: Deployment Strategy a. specifies the extent of the ACT road network where was developed and mobile speed cameras may operate, and the time by presented to the which this is to occur; and Legislative Assembly alongside the ACT Road b. identifies the effects of different levels of operational Safety Camera Strategy intensity ( i.e. the number of vans and shifts, and siting in May 2015. priorities), and mode of operation (i.e. overt, covert) on road safety goals as coverage of the road network is expanded. 3. The ACT should review the purpose and siting of its existing The ACT Government has In progress 13 midblock speed cameras to determine if they need to engaged a consulting be removed, relocated or expanded. firm to review the ACT’s fixed road safety cameras. The consultant will review the locations of the existing cameras, develop improved sitting criteria and advise if any cameras should be removed or relocated.
Justice and Community Safety Directorate Annual Report 2014-15 121 Recommendation No. and summary Action Status 4. The ACT Government, for its two existing point-to-point The ACT Government has In progress camera installations, should: engaged a consulting firm a. review and state the purpose of the system; to review the ACT’s point to point cameras. The b. develop and implement an evaluation plan to assess Justice and Community their effectiveness in reducing speed and road trauma; Safety Directorate and developed the ACT Road c. determine their value for money compared with Safety Camera Strategy other speed management treatments to inform and the Mobile Camera future decisions. Deployment Strategy which were considered by Cabinet in April 2015 and tabled in the Legislative Assembly in May sittings. 5. The ACT Government should develop and implement a The ACT Road Safety In progress ’relatively large, network representative, speed monitoring Camera Strategy and system’ in order to determine changes in the extent of the Mobile Camera speeding on ACT roads. Deployment Strategy were presented to the Legislative Assembly in May 2015. 6. The ACT Government should develop and implement an The ACT Road Safety Complete ACT speed camera evaluation and data collection plan. Strategy and Mobile Camera Deployment Strategy includes an evaluation framework 7. The ACT Government should routinely publish information The ACT Road Safety Complete on the effectiveness of all of its speed camera systems Strategy includes according to the stated purpose of each system. action items for the regular publication of information about the performance of the road safety camera program. The improvements to data collection being progressed by the Justice and Community Safety Directorate will support this. These action items will be progressed in the 2015/16 financial year. 8. The Justice and Community Safety Directorate should Transferred to document its procedures, and maintain comprehensive CMTEDD following records, for its administration of requests for the disclosure the establishment of of camera images. Access Canberra. 9. The Justice and Community Safety Directorate should align Transferred to its speed camera maintenance practices, internal standard CMTEDD following the operating procedures and contractual requirements. establishment of Access Canberra 10. The ACT Government should develop and implement a The ACT Road Safety Complete speed camera maintenance and replacement strategy (this Camera Strategy could be part of the speed camera strategy which is the was presented to the subject of Recommendation 1). Legislative Assembly in May 2015.
122 Justice and Community Safety Directorate Annual Report 2014-15 Recommendation No. and summary Action Status 11. The Justice and Community Safety Directorate should Transferred to develop and maintain a master inventory of speed camera CMTEDD following devices and use this to verify the key content of new the establishment of certification against primary and/ or secondary sources. Access Canberra. 12. The Justice and Community Safety Directorate should Transferred to undertake and document audits of approved mobile speed CMTEDD following camera operators in accordance with its internal standard the establishment of operating procedures. Access Canberra. 13. The Justice and Community Safety Directorate should Transferred to strategically plan its mobile speed camera operations by CMTEDD following fully applying the principles in the mobile camera unit site the establishment of B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. selection criteria guide and on its speed camera. Access Canberra. 14. The Justice and Community Safety Directorate should Transferred to improve its recording of adjudication information so that CMTEDD following this can be used to target improvements for reducing the the establishment of infringement rejection rate. Access Canberra. 15. The Justice and Community Safety Directorate, in its Transferred to administration of infringements in the rego.act system, CMTEDD following should: the establishment of a. update its internal standard operating procedures; Access Canberra. b. align practice with procedure; and c. maintain comprehensive records for all manual interventions. 16. The Justice and Community Safety Directorate should Transferred to monitor the transparency, consistency and fairness CMTEDD following of the administration of Camera Infringement Notices the establishment of in the rego.act system by conducting qualitative or Access Canberra. quantitative reviews.
Justice and Community Safety Directorate Annual Report 2014-15 123 Auditor-General Report No. 2 – 2015 – The Rehabilitation of male detainees at the Alexander Maconochie Centre. Provided to the Speaker of the ACT Legislative Assembly on 17 April 2015.
Government Response to the Auditor-General’s Audit of the Rehabilitation of Male Detainees at the Alexander Maconochie Centre. Tabled in the ACT Legislative Assembly on 4 June 2015.
Recommendation No. and summary Action Status 1. A rehabilitation framework for the Alexander Maconochie The Directorate has In progress Centre (AMC) should be developed by ACT Corrective developed a draft Services (ACTCS) which, among other things: work plan. a. reflects the profile of the detainee population; b. is flexible to respond to changes while providing guidance; c. guides the integration of rehabilitative activities and services to achieve a ‘structured day’ that incorporates sufficient ‘purposeful activity’ for detainees; d. provides the rationale and outlines the therapeutic program that will be provided; and e. guides the provision of employment. 2. The role of commercial or business enterprises (‘prison The Directorate has In progress industries’) in providing employment for detainees in the developed a draft AMC should be clarified by the ACT Government. A paper work plan. for the Government’s consideration, which outlines options and recommends the role of commercial or business enterprises (‘prison industries’) should be developed in consultation with stakeholders. 3. Internal performance measures for rehabilitative activities The Directorate has In progress and services should be developed by ACTCS. These developed a draft measures should: work plan. a. reflect work already underway in response to the 2014 Review of Corrective Services Strategic and Accountability indicators; b. complement those measures reported by the JACS Directorate (in its annual reports); c. be supported by the collection of data which is stored in ACTCS information management systems; and d. be included in business planning, be routinely monitored and guide improvements.
124 Justice and Community Safety Directorate Annual Report 2014-15 Recommendation No. and summary Action Status 4. An evaluation framework for rehabilitative activities and The Directorate has In progress services should be developed by ACTCS which, among developed a draft other things: work plan. a. integrates data collection, monitoring and evaluation; b. specifies priorities, frequency and time frames for evaluation: c. guides routine programming of auditing and quality assurance work; and d. establishes the basis for evaluating the changes in detainees’ access and completion of rehabilitation
programs prior to, and post, the completion of the new PERFORMANCE AND OVERVIEW ORGANISATION B. AMC buildings. 5. ‘Throughcare’ and Extended Throughcare should be The Directorate has In progress defined and incorporated into ACTCS policy. developed a draft work plan. 6. The draft Case Management Policy Framework (July 2014) The Directorate has In progress should be updated and finalised by ACTCS in a timely developed a draft manner. It should, among other things, provide guidance work plan. on how to: a. maintain detainee autonomy while increasing the priority given to detainees’ rehabilitation goals, balancing these against the community’s need for protection; b. improve communication and coordination between those involved in supporting detainees; and c. collect data on all detainees. 7. Data on detainees with physical disabilities, intellectual The Directorate has In progress disabilities and those from culturally and linguistically developed a draft diverse backgrounds should be collected by ACTCS. work plan. This should be used to improve services for detainees in these cohorts and evaluate the effectiveness of activities and services. 8. The implementation of improvements to ACTCS The Directorate has In progress information management systems should be accelerated developed a draft to correct inadequacies as soon as possible. work plan. 9. Improvements should be made by ACTCS in its use of Level The Directorate has In progress of Service-Revised (LSI-R) assessments in the AMC. These developed a draft should include: work plan. a. improving the reliability of LSI-R assessments through training and development of assessors, and supervisory quality assurance measures; b. using LSI-R assessment information effectively in case management planning and implementation; and c. recording LSI-R assessment scores in ACTCS information management systems.
Justice and Community Safety Directorate Annual Report 2014-15 125 Recommendation No. and summary Action Status 10. What constitutes a ‘structured day’ and sufficient The Directorate has In progress ‘purposeful activity’ should be defined and articulated in developed a draft ACTCS policy, based on: work plan. a. the operational experience of the first five years of providing rehabilitative activities and services at the AMC; b. the desirable scale and scope of formal and informal activities; and c. equity of access and opportunity, taking into account the specific requirements of cohorts within the AMC including remandees, those progressing through the Transitional Release Centre, and those accommodated in separate communities or units.
Inquiry into Vulnerable Road Users – Standing Committee on Planning, Environment and Territory and Municipal Services – June 2014 Report Number 5. Tabled in the ACT Legislative Assembly on 5 June 2014.
Standing Committee on Planning, Environment and Territory and Municipal Services. Inquiry into Vulnerable Road Users ACT Government Response. Tabled in the ACT Legislative Assembly on 25 September 2014
Recommendation No. and summary Action Status 1. The Committee recommends that the ACT Government Implementation In progress conduct a review of road rules at intersections and assess of agreed changes that could be made to existing road rules that recommendations would mitigate risks to vulnerable road users. is underway. 2. The Committee recommends that the ACT Government Implementation In progress review the current cycling education programs available in of agreed ACT schools and that consideration is given to compulsory recommendations cycling training in all ACT primary schools. is underway. 3. The Committee recommends that the ACT Government Implementation In progress introduce awareness programs for cyclists and pedestrians of agreed that includes information about off road and shared paths recommendations with a particular focus on their responsibilities to share is underway. facilities safely with other users. 4. The Committee recommends that the ACT Government Transferred to conduct a review and safety audit of shared paths and CMTEDD following undertake modifications to reduce potential risks to users the establishment of of those shared facilities. Access Canberra. 5. The Committee recommends that the requirement for Agreed in principle by In progress cyclists to dismount at pedestrian crossings be amended the JACS Directorate. to enable cyclists to remain on their bikes, but that they must slow to a walking pace prior to entering and when on the crossing.
126 Justice and Community Safety Directorate Annual Report 2014-15 Recommendation No. and summary Action Status 6. The Committee recommends that the ACT Government Motorcycle filtering In progress review the current requirements that motorcycle riders trial commenced must fulfil to obtain their learner and provisional licences on 1 February 2015. and evaluate their effectiveness to provide novice drivers Implementation with adequate skills and training. of agreed recommendations is underway. 7. The Committee recommends that the ACT Government Noted by the In progress provide ongoing funding to the Motorcycle Riders JACS Directorate. Association of the ACT to subsidise the Mature Aged Skills Implementation Transfer course delivered by Stay Upright. of agreed
recommendations PERFORMANCE AND OVERVIEW ORGANISATION B. is underway. 8. The Committee recommends that a Vulnerable Road Users ‘Share the Road’ media In progress brochure be provided to all road users when registration campaign commenced renewals are mailed out. The brochure should include a on 1 February 2015. profile of vulnerable road users and the safety issues that drivers need to be aware of. 9. The Committee recommends that the ACT Government ‘Share the Road’ media In progress establish a consultative group to develop a cyclists’ code of campaign commenced conduct document based on the principles outlined in the on 1 February 2015. Victorian document ‘Sharing roads and paths’. 10. The Committee recommends that the ACT Government Implementation In progress commission a research study to analyse the accuracy of of agreed accident data collected. recommendations is underway. This item was noted. 11. The Committee recommends that the ACT Government ‘Share the Road’ media In progress conduct an awareness raising campaign to advise the ACT campaign commenced community of their obligations to report all accidents, on 1 February 2015. including all single and multiple vehicle accidents. The awareness raising campaign should include providing information when registration renewals are sent out. 12. The Committee recommends that the ACT Government Implementation In progress consider amending the ACT Road Rules to mandate a of agreed minimum overtaking distance of one metre in speed zones recommendations 60km/h and below. is underway. 13. The Committee recommends that the ACT Government Implementation In progress consider amending the ACT Road Rules to mandate a of agreed minimum overtaking distance of one and a half metres in recommendations speed zones above 60km/h. is underway. 14. The Committee recommends that, when implementing Motorcycle lane filtering In progress the minimum overtaking distance, the ACT Government trial and ‘Share the develop a comprehensive community awareness and Road’ media campaign education strategy to inform all road users of the minimum commenced on 1 overtaking distance requirements. February 2015. 15. The Committee recommends that the theoretical Implementation In progress component of the drivers licence test be amended to place of agreed a greater focus on the examination of the road rules and recommendations associated issues as they relate to vulnerable road users. is underway.
Justice and Community Safety Directorate Annual Report 2014-15 127 Recommendation No. and summary Action Status 16. The Committee recommends that the ACT Government Implementation In progress review the 22 driver competencies that must be fulfilled of agreed to pass the practical component of the driver’s licence recommendations test and consider the addition of a competency related to is underway. vulnerable road users. 17. The Committee recommends that the ACT Government Implementation In progress undertake a review of attitudinal components of driver of agreed licence testing including current Australian driving recommendations tests, scientific literature and international experiences is underway. with a view to possible inclusion into ACT driving tests if appropriate. 18. The Committee recommends that the ACT Government Implementation In progress examine the introduction of a strict liability scheme in the of agreed ACT. This examination should assess the impact of the recommendations scheme and include an analysis of alternative approaches, is underway. such as cascading rebuttable presumption. 19. The Committee recommends that the ACT Government Agreed in principle by In progress present the outcomes from its examination of the the JACS Directorate. introduction of a strict liability scheme in the ACT to the Legislative Assembly by March 2015. 20. The Committee recommends that the ACT Government Motorcycle lane filtering In progress conduct a trial of motorcycle lane filtering and trial commenced on 1 forward-stop boxes in Civic by March 2015. The trial should February 2015. be independently monitored and evaluated and the results of the trial should be publicly available. 21. The Committee recommends that the ACT Government Implementation In progress conduct a targeted education campaign to promote the of agreed safety benefits of wearing motorcycle protective clothing. recommendations is underway. 22. The Committee recommends that the ACT Road Rules be Implementation In progress amended in such a way that motorised mobility scooters of agreed are recognised as a separate category. recommendations is underway.
128 Justice and Community Safety Directorate Annual Report 2014-15 B.4 RISK MANAGEMENT
Risk Management is a fundamental part of the Business unit heads are routinely required to JACS Directorate’s governance framework, present to APIC on the identification of risk, as and assists the Directorate in meeting its well as the ways risks are being controlled by strategic and operational objectives. the business unit in practice.
The JACS Directorate has a Risk Management Further investment has been made by the Plan that provides the necessary foundations JACS Directorate in supporting staff to attend and guidance on risk management processes relevant ACT Insurance Agency (ACTIA) risk PERFORMANCE AND OVERVIEW ORGANISATION B. throughout the JACS Directorate and ensures management training programs which a consistent, efficient and effective approach are aimed at assisting teams to develop to identifying and managing risk. Our risk and continue to refine their risk registers. management processes comply with AS/ NZS During the 2014–15 financial year, 58 ISO 31000:2009 Risk Management—Principles JACS staff attended the risk management and Guidelines. training provided by the ACTIA. In 2015–16, the Directorate will undertake further The JACS Directorate commenced a review environmental scans and seek to validate the of the Risk Management Plan during the treatments and their effectiveness. financial year. The review focussed on testing the risk ‘appetite’ of the Directorate in a practical sense and also sought to provide an enhanced framework for identifying, managing and reporting risks while also empowering staff to be innovative in their day-to-day work.
The JACS Directorate has JACS and business unit risk registers which itemise risks at the strategic, business and operational levels and also identify the Directorate’s fraud risk exposure.
The risk registers are reviewed and refined regularly. The process for identifying risks has matured considerably over the past few years, with greater understanding being developed by the Directorate in the value of risk management to the organisation.
During 2014–15, the JACS Directorate formally reported on strategic and business risk to the Strategic Management Committee. The strategic, business and operational risk registers are also presented to the APIC on a regular basis.
Justice and Community Safety Directorate Annual Report 2014-15 129 B.5 INTERNAL AUDIT
The Governance, Coordination and Reporting The APIC Chair reports to the Director-General section is responsible for internal audit and on the JACS Directorate’s governance, risk provides an independent, objective review and internal control environment after and advisory service which: each APIC meeting. Upon meeting with • provides assurance to the Director-General the Director-General, the Chair and the that JACS Directorate financial and Senior Executive Responsible for Business operational controls are in place to Integrity and Risk (SERBIR) define further manage risks and achieve the Directorate’s action items to be undertaken at the JACS objectives, which includes assurance Directorate and APIC level to enhance the risk that controls are operating in an efficient management program. This is a process of manner; and continuous improvement and maturity of risk management capability. • assists in improving the Directorate’s business performance. During the year, the APIC Charter was revised and endorsed by the Executive Management Internal audit activity encompasses the review Council which included changes to the of all financial and non-financial policies committee’s structure and strengthening and operations. Internal audit reviews may compliance requirements of JACS Directorate cover any of the programs and activities of business units. the JACS Directorate together with associated entities as provided for in relevant business The APIC oversees the development and agreements, memoranda of understanding implementation of the three-year strategic or contracts, and may be conducted by internal audit plan and the 12-month audit JACS Directorate Internal Audit staff or by an work plan. Both plans use a risk-based external contractor. methodology to identify areas of strategic and operational risk. The Directorate’s responsibility under the Financial Management Act 1996 includes the As part of the annual audit program, the maintenance of an Audit Performance and following audits were presented to APIC for Improvement Committee (APIC) to consider consideration in 2014–15: governance structures as outlined in the ACT • Public Trustee for the Australian Capital Government’s Internal Audit Framework. Territory Review of Controls Report; The APIC is an integral part of the governance • Credit Card Audit; arrangements of the JACS Directorate, with • ESA Website Infrastructure Peer Review; particular emphasis being placed on better practices, continuous improvement, internal • Vehicle Usage Audit; control mechanisms, risk management • Fraud Risk Assessment; and strategies, internal audit and ethical • Recruitment Audit. behaviour and integrity. The APIC does not replace or duplicate any established management responsibilities, accountabilities or delegations and, through the Chair, provides independent advice and reports directly to the Director-General.
130 Justice and Community Safety Directorate Annual Report 2014-15 Audit and Performance From 1 January 2015 – 30 June 2015, the APIC Committee comprised three members: an independent chair, the JACS Deputy Director-General, Community Safety and an external member From 1 June 2014 – 31 December 2014, the from another ACT Government Directorate. APIC comprised six members: an independent chair, a deputy chair, an external member During 2014–15, the APIC met five times from another ACT Government Directorate, including to review the JACS Directorate’s the Executive Director of ACCS, the financial statements. The table below Commissioner of ACT ESA and the Executive provides more information regarding the Director of the Office of Regulatory Services membership and attendance of APIC. (ORS). B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B.
Table 29 – insert table title
Meetings Name of Member Position Duration attended Peter Hoefer Independent Chair 1 July 2014 – 5 30 June 2015 Danielle Krajina Deputy Chair (1 July 2014 – 31 1 July 2014– 5 December 2014) 31 December 2014 Permanent Observer (1 January 2015 – 30 June 2015) Gordon Elliott1 Independent Member, Director, Finance (ACT 1 July 2014 – 3 Territory and Municipal Services Directorate) 31 December 2014 Dominic Lane1 Member, Commissioner of Emergency 1 July 2014 – 3 Services Agency 31 December 2014 Bernadette Mitcherson1 Member, Executive Director, ACT Corrective 1 July 2014 – 0 Services 31 December 2014 Brett Philips1 Member, Executive Director, Office of 1 July 2014 – 3 Regulatory Services 31 December 2014 David Pryce2 Member, Deputy Director-General, 1 January 2015 – 2 Community Safety 30 June 2015 David Hart2 Independent Member, Senior Manager, 1 January 2015 – 1 Governance (Chief Minister, Treasury and 30 June 2015 Economic Development Directorate)
1 Indicates member left the APIC during the 2014–15 financial year 2 Indicates member joined the APIC during the 2014–15 financial year
Justice and Community Safety Directorate Annual Report 2014-15 131 B.6 FRAUD PREVENTION
Fraud and Corruption The awareness program for supervisor Prevention Plan and manager level employees focuses on understanding accountabilities, identification of fraud/ethical risks and promotion of The JACS Directorate has a Fraud and ethical workplaces. Corruption Prevention Plan that provides the framework for raising awareness of, and The awareness program for all staff focuses on reducing and managing instances of fraud understanding responsibilities and reporting and corruption in the JACS Directorate. suspected fraud or corruption. Elements of the all-staff awareness program have been During the year, the JACS Directorate incorporated into the induction program for completed a review of the Fraud and new starters. Corruption Prevention Plan, which included enhancements for identifying and reporting The programs will be reviewed during 2015–16 instances of potential fraud and corruption. to ensure they include relevant examples of recent fraudulent and ethical incidents, The JACS Directorate has an on-line register particularly relating to ICAC investigations in for recording fraud risks at the strategic, other jurisdictions. business, and operational level, which is reported to the APIC on a regular basis. The JACS Directorate continues to raise awareness of fraud and corruption risks A ’Fraud Risk Assessment’ was completed through various mechanisms such as the in November 2014 by KPMG as part of the JACS Directorate intranet, the newsletter and Internal Audit Program. The audit included regular all staff emails from the SERBIR. a high-level fraud risk assessment to advise the JACS Directorate of potential fraud risks. The Executive Director, Governance, is the Twelve recommendations were made to JACS Directorate’s SERBIR and manages further strengthen internal controls around information pertaining to actual, alleged or fraud prevention and detection within the suspected cases of fraud. JACS Directorate. Fraud Detection – Incidents Fraud Awareness Training of Potential Fraud Detected The JACS Directorate continues to increase in 2014–15 staff awareness in relation to ethics, integrity, and fraud and corruption prevention through As a result of reporting and review staff training and development. There are two mechanisms within the JACS Directorate, different programs, one targeted at supervisor three instances of suspected fraudulent and manager level employees and the other behaviour were reported in 2014–15, as for all other staff. detailed in the table below.
132 Justice and Community Safety Directorate Annual Report 2014-15 Suspected fraudulent behaviour reported
No. Allegation Outcome 1 Allegations of fraudulent transactions Matter has been referred to ACT Policing. (external source) on corporate credit card. 2 Allegations of fraudulent transactions Bank reimbursed funds. (external source) on corporate credit card. 3 Missing cash. New procedure implemented. An audit of Cash Management is scheduled as part of the 2015–16 Internal Audit Program. B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B.
Justice and Community Safety Directorate Annual Report 2014-15 133 B.7 WORK HEALTH AND SAFETY
In 2014–15, the JACS Directorate undertook Serious Injury or Illness and the following activities to monitor Work Health Dangerous Incidents that and Safety (WHS) performance: Required Notification • ensuring on-going compliance with WHS legislation and due diligence obligations; There were 466 incidents recorded by JACS • conducting regular reviews of established Directorate staff during the reporting period. work health and safety risk registers; Body stressing in ACTAS is the predominant • identifying, assessing and monitoring of injury mechanism observed. workplace related risks; Thirteen of the reported incidents were • rolling out the ACT Government’s accident/ deemed to be Notifiable as per section 38 of incident recording system RiskMan across the Work Health and Safety Act 2011. Notifiable the Directorate; and incidents are defined as: • providing support and training as required a. The death of a person; or for the Directorate’s 76 elected Health and b. A serious injury or illness or a person; or Safety Representatives. c. A dangerous incident. Improvement Notices Injury Prevention Programs During the reporting period, there were no improvement notices or provisional Training improvement notices issued. During the reporting period, the JACS Directorate offered a range of programs Consultation with Workers directed towards increasing knowledge and awareness of injury prevention principles and During the reporting year, the JACS practices. These also include training and Directorate’s executive Work Health and Safety maintenance of skills for emergency wardens, Committee, chaired by the Director-General, first aid officers, and health and safety met quarterly. Supplementary to this representatives. Other training attended by committee, Tier 2 and Tier 3 WHS meetings managers and staff included: continue to be held throughout the • hazard and risk management; Directorate’s business units. • mental health programs; All business units are encouraged to have • behavioural de-escalation; health and safety included as a standing • managing psychological illness in agenda item for team meetings. the workplace; Staff, WHS representatives and management • suicide prevention; and are actively involved in the development and • domestic violence awareness. ongoing review of WHS risk registers.
134 Justice and Community Safety Directorate Annual Report 2014-15 Health and Wellbeing In addition, the JACS Directorate facilitated an ACT safety month event with safety in The JACS Directorate offered a range of health leadership as the theme, attended by 80 activities throughout the reporting period, employees and members of the public including: attended this event. • continued access to gymnasiums and equipment for ESA and ACTCS employees; Injury Management (National Work Health and Safety Targets) • the provision of a flu vaccination program made available to all JACS Directorate Target 1 – reduce the incidence rate of claims employees, with 774 employees resulting in one or more weeks off work by at participating in the program; least 30% B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. • supporting employees covered by The JACS Directorate has experienced a the relevant EAs to access health and reduction of 44% in the rate of claims resulting well-being financial assistance towards the in one or more weeks off work. This has purchase of health promotion activities and been attributed to greater engagement and sporting equipment; and participation by key stakeholders prior to • employee assistance programs and claims being lodged. other support services such as RED contact officers.
Table 30 – Reduce the incidence rate of claims resulting in one or more weeks off work by at least 30%
Rate per ACTPS # Rate per Financial # new 5 day 1000 Agency new 5 day 1000 ACTPS year claims employees Target claims employees Target 2012 - 13 58 38.23 29.59 369 18.07 16.64 2013 - 14 39 25.30 28.67 322 15.29 16.13 2014 – 15 22 14.05 27.76 226 10.65 15.61 2015 – 16 26.84 15.10 2016 – 17 25.93 14.59 2017 – 18 25.01 14.07 2018 – 19 24.10 13.56 2019 – 20 23.18 13.04 2020 – 21 22.27 12.53 2021 - 22 21.35 12.01
Justice and Community Safety Directorate Annual Report 2014-15 135 Target 2: reduce the incidence rate of claims for musculoskeletal disorders (MSD) resulting in one or more weeks off work by at least 30%
Data supplied by CMTEDD indicate that the JACS Directorate has experienced a reduction of 50% in the incidence of MSD claims resulting in one or more weeks off work. This is reflective of improving understanding by managers and staff in the use of correct manual handling techniques that are applied to specific manual tasks.
Table 31 – Reduce the incidence rate of claims for MSD resulting in one or more weeks off work by at least 30%
Rate per ACTPS # Rate per Financial # new 5 day 1000 Agency new 5 day 1000 ACTPS year MSD claims employees Target MSD claims employees Target 2012 - 13 39 25.71 20.37 238 11.66 11.12 2013 - 14 26 16.87 19.74 210 9.97 10.77 2014 – 15 13 8.30 19.11 142 6.69 10.43 2015 – 16 18.48 10.09 2016 – 17 17.85 9.74 2017 – 18 17.22 9.40 2018 – 19 16.59 9.06 2019 – 20 15.96 8.71 2020 – 21 15.33 8.37 2021 - 22 14.70 8.02
136 Justice and Community Safety Directorate Annual Report 2014-15 B.8 HUMAN RESOURCE MANAGEMENT
To effectively manage and support staff in • contributing to whole-of-government the delivery of business objectives of the enterprise bargaining negotiations on Directorate and ACTPS, JACS Directorate replacement EAs including taking the lead people strategies are centred around role in four separate agreements covering: four themes – delivering for the future, ACTAS, ACTF&R, Legal Professionals and strengthening organisational resilience, Correctional Officers. The ACTAS, ACTF&R,
sustaining community confidence and and Legal Professionals agreements PERFORMANCE AND OVERVIEW ORGANISATION B. working collaboratively. were all approved and implemented during 2014–2015. As at 30 June 2015, the The Directorate’s key initiatives and activities Correctional Officers agreement had been during 2014–15 included: approved by staff ballot but was awaiting • focus on areas of emerging capability approval by the Fair Work Commission. flowing from reviews of ESA and ACTCS; Major outcomes in the EAs included: • delivery of training and development for identified core skills, profession specific • new structure and salary scales introduced skills and future leaders; for legal professionals in the ATGS which ensured appropriate remuneration for work • support of eight persons who joined value and career path; the JACS Directorate under the ACT Government Graduate Program and Work • successful negotiations to progress the Experience and Support Program (WESP); development of a needle and syringe program in the AMC; and • ongoing commitment to the ACTPS RED; • inclusion of ambulance specific workgroup • continued implementation of the JACS stakeholders to the EA to improve staff Directorate Aboriginal and Torres Strait understanding of entitlements. Islander Employment Action Plan; • ensuring JACS Directorate compliance The JACS Directorate also undertook a staff with WHS legislative and due survey to assess perception of working life. diligence obligations; The results identified strengths and areas for improvement that may be the focus for future • ongoing monitoring and identification human resource initiatives. The previous of workplace-related risks including survey was conducted in 2012. Business implementation of RiskMan (which is the units were provided with reports identifying ACT Government’s replacement of the their individual results. Business units have Accident/Incident recording system) and commenced working with their staff to review of established work health and develop and deliver achievable action plans safety risk registers; for implementation of improvement strategies. • ongoing registration of staff and volunteers working in regulated activities identified Under the new Administrative Arrangements under the Working with Vulnerable People (AAs), CMTEDD gained responsibility for (Background Checking) Act 2011; the functions of the former ORS into Access Canberra, bringing together ACT shopfronts • implementation of whole-of-government and regulatory bodies into a single service. human resources (HR) policies; and The machinery of government changes to
Justice and Community Safety Directorate Annual Report 2014-15 137 support the AAs and formally transfer relevant • new starters in the JACS Directorate staff commenced on 10 April 2015. participated in workshops relating to the development of Performance and For the JACS Directorate, this involved: Development Plans – with at least 228 • the transfer of operational staff from ORS completing plans; to CMTEDD, and included parking, liquor • $954 351 has been invested in staff training and worksafe inspectors, and transport and development (this excludes training regulation and rego.act staff; provided by the ACTCS and ESA RTOs); • the transfer of policy staff from ORS to LPP • 949 ESA staff and volunteers undertook as policy remains the responsibility of the nationally accredited asbestos awareness “home directorate” and relevant Minister training in compliance with Section 445 of under the AAs; and the Work Health and Safety Regulation 2011; • the transfer of some JACS Directorate • 11 managers and 82 staff (excluding corporate positions to support PTACT) attended RED awareness sessions Access Canberra. which included Bullying Prevention and Management Training ; Learning and Development • ongoing support and training of RED contact officers with 35 now appointed; The JACS Directorate continues to invest in • continued implementation of actions building the capability of its employees to meet under the JACS Aboriginal and Torres Strait its service delivery requirements. Within JACS Islander Employment Action Plan 2012–15; there are two Registered Training Organisations and (RTOs) which deliver nationally recognised qualifications for employees of the ACTCS and • work to support ESA’s Strategic employees and volunteers of the ESA. Programs Reform Agenda and other initiatives, delivered also supported the ACTPS core including executives participating in terms and conditions of the EAs 2013–2017, whole-of-government leadership programs. with reference to developing our people in the relevant enterprise agreements. Staff Development The learning and development highlights for 2014–15 include: Training • a total of 2 595 individual attendances As at 30 June 2015, there had been 2 595 in training and development programs, attendances (20 175 training hours) at training including studies, (excluding Director of and development programs facilitated by the Public Prosecutions (DPP) and Public Organisational Development Unit, Shared Trustee for ACT (PTACT) vocational training Services Training and Development Unit and provided by ACTCS and ESA RTOs); specialist programs facilitated within business • 122 staff undertook leadership units. This does not include nationally development programs; accredited programs managed by the ACTCS and ESA RTOs. • delivering customised Fraud and Ethics awareness training for 175 JACS managers In addition, JACS Directorate staff were able and staff; to participate in ACTPS wide learning and • 261 staff attended programs which development initiatives. These are detailed in included components on ethics; Table 32.
138 Justice and Community Safety Directorate Annual Report 2014-15 Table 32 – ACTPS Learning and Development Initiatives
Learning and Development Initiative Number of participants ACTPS Graduate Program 3 (excluding one from ORS) ANZSOG Executive Master of Public Administration 1
Of the participants who attended training During the reporting year, the RTO enrolled programs, 40% were male and 60% female. 67 students, comprising:
During the reporting period, JACS Directorate • 24 newly recruited and nine continuing Band 1 Executives also participated in the students Correctional Officers enrolled in
ACTPS executive workshops on change the Certificate III in Correctional Practice ; PERFORMANCE AND OVERVIEW ORGANISATION B. management, leadership and collaboration. • 14 current Correctional Officers enrolled in Certificate IV in Correctional Practice; and ACTPS Training Calendar • 11 Community Corrections Officers and The JACS Directorate continued to support nine continuing students enrolled in the staff participation in training coordinated Certificate IV in Correctional Practice. by the Shared Services Training and Two students identified as Aboriginal, one Development Unit. During the reporting student identified as being from a Culturally period, there were 107 attendances valued at and Linguistically Diverse Background and no $38 524 (incl. GST) in these training activities. students identified as having a disability. Study Assistance The following nationally recognised The JACS Directorate continued its support qualifications were issued by the RTO: for staff through its study assistance scheme. • seven for Certificate III in Correctional In 2014–15, the JACS Directorate invested Practice; and $115 493 in study assistance for 96 staff • five for Certificate IV in Correctional (excluding PTACT), including three Aboriginal Practice. and Torres Strait Islander staff members. RTO staff, as part of the Workforce Registered Training Organisations Development and Training Unit, assisted in ACTCS and ESA continue to maintain the delivery of an advertising campaign and their status as RTOs, providing nationally two community information sessions aimed accredited packages for staff. at attracting a broad range of people who may be interested in future employment and ACTCS Registered Training Organisation training with ACTCS.
The RTO continues to deliver nationally An RTO Operations Manager was recruited recognised training from the Corrective and appointed in August 2014. The position is Services Training Package for new and existing responsible for: staff working as either Correctional Officers • the management of the RTO in delivering or Community Corrections Officers in ACTCS. nationally recognised training and a The provision of training supports officers to continuous improvement strategy; develop the range of skills and knowledge • the maintenance of the relationships with required to meet the operational needs external agencies such as Government of ACTCS. Skills Australia and the Industry Skills Council through the provision of industry
Justice and Community Safety Directorate Annual Report 2014-15 139 advice and feedback (the RTO has also • delivered a nine week Entry Level Training participated in professional network Program for 24 newly recruited Correctional meetings with other RTOs in the corrections Officers, two nine week Mandatory industry); and and Primary Training programs for 13 • development of professional working Community Corrections Officers; and relationships with two other private • provided safety and security awareness RTOs in the corrections industry and the training for contractors and professional mutual provision of external assessment visitors to the AMC. validation services. The RTO successfully completed both an In relation to professional development, six internal self-review and an Application RTO staff members enrolled in nationally for an ACT Funding Agreement as part of recognised training with an external provider contractual arrangements with the ACT to become qualified trainers and assessors. ETD. As a result of successfully completing Another three staff members upgraded their these processes, the RTO entered into a new training and assessment qualifications. One ACT Funding Agreement for another two RTO staff member completed the Certificate IV years to support trainees in the Australian in Correctional Practice through a recognition Apprenticeship Program. of prior learning process. Staff maintained their knowledge of the national and local VET sector ESA Registered Training Organisation by attending the quarterly meetings of the ACT Asbestos awareness training was a key focus RTO Forum conducted by the ACT Education for the ESA RTO. The nationally-accredited and Training Directorate (ETD), information short course 10314NAT Asbestos Awareness sessions conducted by the Australian Quality was added to the RTO scope of practice. A Skills Authority (ASQA) regarding the new 2015 concerted and ongoing effort commenced Standards for RTOs, and attendance at to ensure all emergency service responders consultative sessions conducted by the received this training, with a total of 949 staff Australian Department of Education and and volunteers receiving this training. Training to discuss proposed national changes to Training Package development. A total of 53 qualifications were issued under the Public Safety Training Package and the Additionally, the RTO staff have delivered Health Services Training Package during professional development programs on the financial year, to both employees and behalf of ACTCS, including the development volunteers. Qualifications ranged from the and delivery of the Working with Female Certificate II to Advanced Diploma level. Detainees Program for Correctional Officers. This program was developed in response Thirteen students commenced training under to the Human Rights Audit on the Conditions Australian Apprenticeship arrangements – four of Detention of Women at the Alexander Certificate III in Ambulance Communications Maconochie Centre (2014), Recommendation (Call-taking) HLT31912 and nine Diploma 7. The program has also been delivered to a in Public Safety (Firefighting Management) group of 20 postgraduate law students from PUA50513. the Australian National University. The ESA also delivered individual units Further, RTO staff have: or skill sets to volunteers and continued • developed and delivered operational skills their program of first aid training training for 93 Correctional Officers in the and recertification. Custodial Mandatory Training program;
140 Justice and Community Safety Directorate Annual Report 2014-15 The ESA continued delivery of training Three ambulance call-takers who commenced in the Australasian Interagency Incident in January 2015 completed the Certificate III Management System (AIIMS) for ESA staff, in Ambulance Communications in June 2015. volunteers, and personnel from external During the reporting year, 11 paramedics agencies who support the ESA during recruited during 2011–2012 completed coordination of major emergencies (a total of an internal program of study leading to 135 individuals participated). an authority to practise as an Intensive Care Paramedic. The ESA participated in a cross jurisdictional working group, funded under the National Traineeship Emergency Management Planning program, to produce incident management training In 2014–15, 23 Correctional Officer recruits B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. materials aligned with incident management and 14 Community Corrections Officers were units of competency. enrolled as trainees under the Australian Apprenticeship program during the reporting The ESA RTO was audited by the ASQA period. ACTCS also worked in conjunction in August 2014 and was reaccredited for with an external agency to provide workplace registration until 2019. training for three Aboriginal trainees. Two of the trainees completed the Certificate III in Provision of Other Training Business and the third pursued a high-level During the reporting period, the ACTGS, opportunity in sport. LPP and PCO delivered training for staff and The JACS Directorate has committed to clients. The purpose of the training was to offer traineeship placements under the 2015 improve understanding of and compliance ACT Government’s Indigenous Employment with the relevant ACT legislation. Pathways Traineeship Program, and continues Future Staff Development to engage with CMTEDD regarding ACTPS wide initiatives including the Graduate Program. Training for 2015–16 will continue to be focused towards supporting the JACS Internships and Work Experience Directorate’s objectives and participation Throughout the reporting period, the JACS in whole-of-government programs, while Directorate offered 24 internship places to strengthening the capability of our diverse undergraduates, postgraduates and students workforce. Business units and RTOs will continue undertaking the Graduate Diploma in Legal to deliver applicable training to their employees. Practice through the ANU Legal Workshop Graduate Program and degrees in Community Counselling, Law, Psychology and Social Work. In 2014–15, the JACS Directorate engaged three graduates (excluding one from ORS) The JACS Directorate offered work experience under the ACTPS Graduate Program. opportunities for five people under the Work These graduates completed the program Experience and Support Program. In addition, in December 2014. All graduates attended the Directorate offered work experience the JACS Directorate’s induction as well as to two persons with disability under the graduate network meetings where they had Woden Community Service Supported the opportunity to meet senior management Respite Program, which stems from the ‘As with whom they do not engage on a regular One – APS Disability Employment Strategy’. basis. Graduate supervisors also received They are placed in ESA at the Southcare training. Five new graduates joined the JACS Helicopter Base. Directorate in February 2015.
Justice and Community Safety Directorate Annual Report 2014-15 141 Respect, Equity and Diversity which featured prints of work by a local Indigenous artist who previously worked in The JACS Directorate undertook a number of the JACS Directorate; activities to promote RED, including: • participation in a hearing awareness • the appointment of the Directorate’s session by staff from the HRC; Deputy Director-General, David Pryce, as JACS Directorate RED Executive • participation in an Aboriginal Sponsor in June 2015, and recognising language workshop; the contributions of Andrew Taylor, Public • promoting RED through our internal Trustee as the Directorate’s Inaugural RED newsletter – JACSNews; Executive Sponsor; • developing the WIESS including • training of three new volunteers to be RED participation in women’s leadership forums Contact Officers in 2014–15 by the HRC, and communication workshops; making a total of 35 RED contact officers • continued provision of carers’ and (excluding one from PTACT) across the breastfeeding rooms; and Directorate at the end of the reporting period; • ongoing delivery of domestic violence • ongoing promotion and implementation workshops to provide managers and of the ACTPS Preventing Work staff with information and knowledge Bullying Guidelines; to manage and support staff affected by • delivering RED Framework and managing domestic violence. workplace bullying and harassment JACS staff also participated in a number sessions to 11 managers, jointly delivered of events throughout the reporting by WorkSafe ACT and JACS organisational period including: development unit; • NAIDOC Week celebration, including • delivering RED Framework and workplace participation in the AHL 38th Annual bullying and harassment awareness Luncheon on 11 July 2014 and the ACT sessions to 82 staff, jointly delivered by NAIDOC Awards Ball on 5 July 2014, WorkSafe ACT and JACS organisational the ACTCS NAIDOC celebration at the development unit; AMC which was attended by detainees, • including RED in the induction program for their family members, ACTCS staff and all new employees; representatives from local Aboriginal and • supporting participation in Aboriginal and Torres Strait Islander agencies; Torres Strait Islander Cultural Awareness • 10th anniversary of the Human Rights sessions in 2014–15 with 31 staff attending; Act 2014, involving participation at a forum • continued implementation of the of five prominent experts to discuss the JACS Directorate Reconciliation Action future of human rights in the ACT; Plan 2013–2015; • the Human Rights Commissioner’s launch • continued implementation of the JACS of the ’11 Years in 11 Minutes Over 11 Directorate Aboriginal and Torres Strait Weeks’ Challenge in the lead up to the Islander Employment Plan; Human Rights Act 11th anniversary on • as part of ESA’s commitment to the JACS 1 July 2015,, with staff participating in Directorate Reconciliation Action Plan, the challenge by completing a short ACTF&R was a recipient of two brand introductory e-learning package on new fire pumpers following a formal the Human Rights Act 2004 –the JACS commissioning ceremony - one of Directorate was the winner of the 2015 ACT Government Challenge;
142 Justice and Community Safety Directorate Annual Report 2014-15 • national Close the Gap day in the form of a • delivered mental health awareness and JACS Directorate event in conjunction with hearing-awareness training for managers the HRC on 19 March 2015, featuring two and staff; short videos - Oxfam Australia’s Aboriginal • promoted and recognised International Day and Torres Strait Islander Peoples Program, of People with Disability, participating in and Black Screen Australia’s ‘Flour, Sugar a film festival hosted by the ACT Disability and Tea’; and Community Services Commissioner on • 2015 National Sorry Day Bridge Walk; 3 December 2014; and • Reconciliation Week in which the JACS • developed a Disability Action Plan to be Directorate, in conjunction with PTACT, finalised and implemented in 2015–2016. hosted a barbeque lunch on Wednesday, B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. 27 May 2015, which showcased reconciliation Awards and Recognition in action in the Directorate; and • 2014 ACT Chief Minister Inclusion JACS Director-General Awards Awards Dinner and Presentation on 11 December 2014. The fourth annual JACS Director-General Awards ceremony was held on 27 People with disability March 2015. The Director-General, Alison Playford presented 10 awards and two In providing an inclusive and accessible work special commendations to individuals environment during the reporting year, the and teams from business units across the JACS Directorate: JACS Directorate. • offered employment and/or work experience opportunities to People The awards recognised staff members, either with Disability with assistance from as individuals or as a team, for their exemplary LEAD Contracting and the Woden service and contribution to the workplace; Community Service; exhibiting a high degree of collaboration and team work; or consistently displaying • responded to an accessibility report; the ACTPS values of respect, integrity, • continued to ensure reasonable collaboration and innovation to a high level. adjustments are made for people with disability;
Director-General Awards Recipients
Justice and Community Safety Directorate Annual Report 2014-15 143 Twenty-two nominations were received ESA WORKSHOP – FLEET AND PROCUREMENT TEAM across the five award categories of Business (Anthony Mallia, Robert Maurer, Benjamin Partnership, Customer Service; Innovation; Pond, Alex Iskra, Samuel Cooper, Brenton Leadership; and Respect, Equity and Diversity. Moule, Robert Ennis, Michael Hamono) Recipients of awards were: For continued excellence in the timely delivery Business Partnership of customer service to its ESA clients. ALEX JORGENSEN-HULL Innovation For outstanding work in developing and DAVID STENHOUSE implementing the Information Privacy Act 2014 and showing innovation in establishing the For innovation and initiative, identifying smart Privacy Clearinghouse. solutions to ensure that the Public Trustee’s investments accord with strategy and LEGISLATION, POLICY AND PROGRAMS ROAD SAFETY TEAM external recommendations.
(Geoff Davidson, Chris Lazzari, Belinda Owen) NIRAJ MEHTA
For exceptional stakeholder management For developing iPad forms for recording and outstanding commitment and innovation workplace visits and audits and delivering in raising awareness of road safety issues staff training on utilising iPad applications. during the 2014 Yellow Ribbon National Road JACS GOVERNANCE, COORDINATION AND REPORTING Safety Week. TEAM (SPECIAL COMMENDATION RECIPIENT)
MATTHEW CRAIG-BARRY (SPECIAL COMMENDATION (Kaye Yen, David Doblinger, Elizabeth Lolohea) RECIPIENT) For development and implementation of the For delivering a multi-agency training exercise JACS Directorate Commitment Register. involving a construction site death, with the AFP, ACTF&R, and ACTAS. Leadership
Customer Service NICK LHUEDE
PRASHANT MUNRO For outstanding leadership, collaboration and consultation across Whole of Government and For commitment to the development of a ACT Community in the development of the strong, coherent and effective client services SBMP Version 3. team within Victim Support ACT. Respect, Equity and Diversity STOJAN STEFANOVIC HUMAN RIGHTS COMMISSION – HUMAN RIGHTS For exemplary customer service, responding POLICY TEAM to significant facilities issues outside traditional working hours, with a strong focus (Sean Costello, Jane Thomson, Renuka on maintaining JACS Directorate service Thilagaratnam, Belinda Barnard, Julie delivery to the community. Whitmore, Kezlee Gray, Anna Fraser)
For working together on a range of activities to celebrate 10 years of the ACT Human Rights Act.
144 Justice and Community Safety Directorate Annual Report 2014-15 2014 ACT Public Service Awards for Community Services (Highly Commended Excellence Award)
The ACTPS Awards for Excellence recognise The Afterhours Interview Friends Program Team teams and individuals who have provided (ACTPS employees – Robyn Unger, David exceptional service to both their workplaces Snell, Odile Arman, Steve Watson, Deanna and to the people of the ACT and Barac, Wendy Appleton, Patricia Keller; demonstrated the ACTPS signature values and Volunteers – Michael Tarbart, David Landan, behaviours: Respect, Integrity, Collaboration Rupsa Neogy Kumar, Anthony Kryger, Heather and Innovation. Two JACS Directorate staff McLoughlin, Jan Moule, Rod Duncan, Rhona were recipients of the Awards: Verrall, Ian Robertson; Support and Oversight – Patricia Mackey, Jayne Reid) Integrity PERFORMANCE AND OVERVIEW ORGANISATION B. For dedication and provision of voluntary JOHN HENRY after hours support service to young people taken into custody. Coordinated by the Public For his work with clients, litigants and Advocate of the ACT, there are 18 volunteers the courts with the Litigation and Dispute from across Canberra. Resolution of the ACTGS. Emergency Services Leadership The AFP Volunteers in Policing Program SONJA GASSER The program has around 50 volunteers and For her leadership role as acting Principal two of these, Gordon McAlpine and Clive Solicitor for the ACTGS and as Deputy Gibbs, are also members of the ACTSES. Commander in the ACTSES. Queen’s Birthday Honours ACT Community Protection Medal The Queen’s Birthday honours list celebrates Four emergency services members were the outstanding achievements of Australians. honoured with the ACT Community Protection In 2015 Patrick Barling, a volunteer with the Medal for demonstrating exemplary service ACTRFS, was awarded the Australian Fire to the community. The 2015 recipients of the Service Medal. medal are: Attraction and Retention Incentives • Toby Keene – ACTAS; • Andrew Cahill – ACTF&R; On the date of effect of the ACT Public Sector ACTF&R EA 2013 – 2017, ACT Public • Pauline Wassall – ACTRFS (Volunteer); and Sector Legal Professionals Enterprise • Anthony (Tony) Graham – ACTSES. Agreement 2013 – 2017 and the ACT Public Sector Technical and Other Professional 2015 ACT Volunteer of the Year Enterprise Agreement 2013 – 2017, Special Awards Employment Arrangements (SEAs) for The ACT Volunteer of the Year Awards are employees covered by those agreements presented to volunteers for outstanding were converted to Attraction and Retention contributions to the community in the Incentives (ARIn). ACT and wider Canberra region. The JACS Directorate recipients of the Awards are:
Justice and Community Safety Directorate Annual Report 2014-15 145 The use of SEAs/ARIns over the reporting classification structure under the new ACTPS period was considerably lower than in Legal Professionals EA 2013 – 2017 negotiated previous years. As at 30 June 2015, a total during the reporting period. The new structure of 16 JACS Directorate employees were relieved the need for a significant number covered by ARIns. This was a decrease of of SEAs which were in place prior to the 23 from 2013–14, largely the result of the commencement of the Legal Professionals EA. implementation of a new, 4-level ACTPS
Table 33 – ARIns within the Directorate
Total employees No. of No. of covered Individual Group by Group DESCRIPTION ARIns ARIns ARINs TOTAL A B C (A+C) SEAs / ARIns Number of ARIns at 30 June 2015 8 2 8 16 Number of employees who transferred from 3 1 4 7 Special Employment Arrangements (SEAs) during the period Number of SEAs/ARIns entered into during the 8 0 0 8 period Number of SEAs/ARIns terminated during the 13 1 19 32 period The number of SEAs/ARIns providing for 0 2 8 8 privately plated vehicles as at 30 June 2014
Table 34 – Individual and Group ARIns
Remuneration as at Classification Range 30 June 2015 Individual and Group SEAs ASO5 – SOGA $76 406 - $149 470 AP1 $79 582 FB8 $132 483 SPOA $88 911 - $148 187
146 Justice and Community Safety Directorate Annual Report 2014-15 FTE, headcount and demographics as at 30 June 2015
Table 35 – FTE and headcount by division
Branch/Division FTE Headcount ACT Government Solicitor 93.9 99 Corporate 71.5 73 ACT Corrective Services 346.7 364 Director of Public Prosecutions 72.2 79 Emergency Services Agency 638.8 657 B. ORGANISATION OVERVIEW AND PERFORMANCE AND OVERVIEW ORGANISATION B. ACT Human Rights Commission 18.8 21 ACT Law Courts and Tribunal 156.1 168 Legislation, Policy and Programs 52.2 56 Parliamentary Counsel’s Office 22.4 25 Public Advocate of ACT 14.4 16 Public Trustee for ACT 42.8 46 Security and Emergency Management Branch 11.1 12 Strategic Finance 12.6 13 Victim Support ACT 18.3 20 Total 1 571.9 1 649
Table 36 – FTE and headcount by gender
Female Male Total Full-Time Equivalent (FTE) 661.3 910.6 1 571.9 Headcount 715 934 1649 Percentage of workforce (based on headcount) 43.4% 56.6% 100.0%
Justice and Community Safety Directorate Annual Report 2014-15 147 Table 37 – Headcount by classification group and gender
Classification Group Female Male Total Administrative Officers 301 142 443 Ambulance Officers 73 139 212 Correctional Officers 41 151 192 Executive Officers 20 19 39 Fire and Rescue Officers 7 330 337 General Service Officers and Equivalent 0 10 10 Health Professional Officers 14 1 15 Judicial Officers 8 7 15 Legal Officers 67 28 95 Legal Support 19 4 23 Professional Officers 5 1 6 Prosecutors 23 15 38 Senior Officers 129 80 209 Statutory Office Holders 5 5 10 Technical Officers 3 2 5 TOTAL 715 934 1 649
Table 38 – Headcount by employment category and gender
Employment Category Female Male Total Casual 8 21 29 Permanent Full-time 467 833 1300 Permanent Part-time 99 12 111 Temporary Full-time 123 63 186 Temporary Part-time 18 5 23 TOTAL 715 934 1 649
Table 39 – Headcount by diversity group
Headcount Percentage of total staff Aboriginal and/or Torres Strait Islander 28 1.7% Culturally & Linguistically Diverse 140 8.5% People with a disability 25 1.5%
Note: Employees may identify with more than one of the diversity groups
148 Justice and Community Safety Directorate Annual Report 2014-15 Table 40 – Headcount by age group and gender
Age Group Female Male Total Under 25 46 23 69 25–34 235 174 409 35–44 165 272 437 45–54 172 298 470 55 and over 97 167 264
Table 41 – Average length of service by gender PERFORMANCE AND OVERVIEW ORGANISATION B.
Female Male Total Average years of service 7.4 11.5 9.7
Table 42 – Recruitment and separation rates by division
Division Recruitment Rate Separation Rate ACT Government Solicitor 30.9% 13.3% Corporate 9.2% 3.7% ACT Corrective Services 14.5% 6.1% Director of Public Prosecutions 17.8% 7.1% Emergency Services Agency 1.1% 2.2% ACT Human Rights Commission 0.0% 6.3% ACT Law Courts and Tribunal 5.0% 8.3% Legislation, Policy and Programs 19.6% 5.6% Parliamentary Counsel’s Office 0.0% 0.0% Public Advocate of ACT 8.1% 0.0% Public Trustee for ACT 5.5% 11.0% Security and Emergency Management Branch 0.0% 12.6% Strategic Finance 9.1% 9.1% Victim Support ACT 20.5% 6.8% Total 7.6% 4.8%
Justice and Community Safety Directorate Annual Report 2014-15 149 Table 43 – Recruitment and separation rates by classification group
Division Recruitment Rate Separation Rate Administrative Officers 12.7% 8.5% Ambulance Officers 1.4% 1.4% Correctional Officers 12.0% 2.4% Executive Officers 0.0% 16.7% Fire and Rescue Officers 0.0% 2.9% General Service Officers and Equivalent 11.6% 0.0% Health Professional Officers 17.8% 8.9% Judicial Officers 0.0% 8.2% Legal Officers 29.5% 15.5% Legal Support 7.6% 0.0% Professional Officers 0.0% 0.0% Prosecutors 28.3% 3.5% Senior Officers 4.4% 3.8% Statutory Office Holders 0.0% 0.0% Total 7.6% 4.8%
150 Justice and Community Safety Directorate Annual Report 2014-15 B.9 ECOLOGICALLY SUSTAINABLE DEVELOPMENT
The JACS Directorate is committed to Energy sustainable development and encourages staff to practise sustainability in their daily • Continuous monitoring of energy activities. The Directorate has developed performance of our facilities, using the policies and programs to promote Environmental Sustainable Platform (ESP); ecologically sustainable development • Dedicated funding for Energy Efficiency
(ESD) considerations in decision-making works for the Capital Upgrade Program PERFORMANCE AND OVERVIEW ORGANISATION B. processes, as required by the Climate Change across the property portfolio of and Greenhouse Gas Reduction Act 2010 and the Directorate; the Environment Protection Act 1997. The • Continuation of LED lighting upgrades JACS Directorate: at JACS facilities targeting high energy • participates in the ACT Government Carbon consumption sites; Neutral Implementation Committee and • Installation of solar PV systems at selected reports on sustainable initiatives; high energy consumption facilities; and • has a Resource Management Plan (RMP) • Infrastructure audits to identify potential which identifies objectives, improvement savings by engaging Actsmart to conduct targets and sustainability initiatives towards energy and water assessment. achieving Government’s greenhouse gas targets and ESD outcomes; • has established a Sustainability Committee Water since 2011 that leads the JACS Directorate to track toward carbon neutrality and to Continuous monitoring of water consumption, develop and monitor sustainable initiatives using the ESP. to ensure efficient and effective outcomes Implementation of potable water are achieved in the RMP; and conservation strategies, such as installation • has a dedicated Environment and Heritage of water tanks at ESA facilities for grey water Officer attached to the CWI Unit, Corporate applications and vehicle washing; and to coordinate the relevant trainings and grey water recycling for toilet flushing and sustainability projects. irrigation at the AMC.
Sustainability initiatives that have been taken to improve ESD outcomes are as follows:
Justice and Community Safety Directorate Annual Report 2014-15 151 Waste
• Engaging facility managers to review and improve waste management plans; • Waste streaming (landfill, mixed recyclables, paper, cardboards, organics, fluorescent tubes, and toner cartridges); • Participation in the Actsmart accreditation and training programs; and • Conducting internal waste audits and Waste Management Contract review.
Resource efficiency
• Adopting the Sustainable Procurement Framework in capital works and infrastructure projects; • Adopting sustainable principles in stationery procurement; • Reducing paper consumption by ‘smart printing’; and • Increasing recycled content of office paper purchased.
Transport
• Adopting the ACT Government’s Sustainable Fleet Strategy for vehicle lease or purchases; • Maintaining efficient performance of emergency operation vehicles; and • Reducing the number of short trips by encouraging car pooling and sustainable transport options.
152 Justice and Community Safety Directorate Annual Report 2014-15 Percentage Indicator as at 30 June Unit 2013-14 2014-15[i] change Agency staff and area Agency staff FTE 1831.9 1 571.9 -14.20% Workable floor area (net Area (m2) 100 112.4[ii] 81 124.6 -19.00% lettable area) Stationary energy usage Electricity use Kilowatt 10 303 0582 8 321 314[iii] -19.20% hours
Renewable electricity use Kilowatt n/a n/a[iv],[v] 0% PERFORMANCE AND OVERVIEW ORGANISATION B. hours Natural gas use Megajoules 18 729 0222 12 188 758 -34.90% Transport fuel usage Total number of vehicles Number 289 243 -15.90% Total kilometres travelled Kilometres 4 203 340 3 481 815 -17.20% Fuel use – Petrol Kilolitres 109.06 65.25 -40.20% Fuel use – Diesel Kilolitres 555.74 505 -9.10% Fuel use – Liquid Petroleum Gas Kilolitres 0 0 0% (LPG) Fuel use – Compressed Natural Gas Kilolitres 0 0 0% (CNG) Water use Water use Kilolitres 81 4122 86 373[vi] 6.10% Resource efficiency and waste Reams of paper purchased Reams 21 843 19,927 -8.80% Recycled content of paper Percentage 43% 46.50% 8.10% purchased Waste to landfill Litres 3 030 782 2 918 005 -3.70% Co-mingled material recycled Litres 1 212 487 1 926 339[vii] 58.90% Paper & Cardboard recycled (incl. Litres 676 760 409 700 -39.50% Secure paper) Organic material recycled Litres 188 561 104 536 -44.60% Greenhouse gas emissions [viii] Emissions from stationary energy Tonnes CO2-e 12 033.15 7 455.39 -38.00% use
Emissions from transport Tonnes CO2-e 1 890.38 1 631.06 -13.70%
Total emissions Tonnes CO2-e 13 923.53 9 089.45 -34.70%
Justice and Community Safety Directorate Annual Report 2014-15 153 [i] Office of Regulatory Service (ORS) was transferred to Access Canberra in the Chief Minister, Treasury and Economic Development Directorate (CMTEDD) from 15 December 2014. ESD data related to ORS will be included in the CMTEDD Annual Report. This figure also does not include the Director of Public Prosecutions (DPP). [ii] The Enterprise Sustainability Platform (ESP) provided data for the previous FY column (2013-14). This represents agency occupancy administrative arrangements at that time. The formation of Access Canberra and the availability of more comprehensive data contributes to the data difference in 2014-15 report. [iii] South Tuggeranong Fire & Rescue Station was opened in March 2015. Energy and water utility data for the facility was not available during the preparation of this report. [iv] ACT Property Group purchased 7,700 MWh (Mega Watt hours) of GreenPower on behalf of the ACT Government, representing an indicative 5% of the ACT Government’s energy consumption for 2014-15. [v] Three JACS premises have solar PV systems installed which generates solar electricity for on-site consumption or export to the electricity grid. Estimated solar electricity consumption for JACS Directorate in FY2014-15 is 65,772KWH. This includes solar electricity export from West Belconnen Ambulance and Fire & Rescue Station (34,572KWH in FY2014-15) reported at the ESP; solar power generation at Ainslie Fire Station (24,099KWH from 12 September 2014 to 30 June 2015) and at Forensic Medical Centre (7,101KWH from 14 April to 30 June 2015) reported after the monitoring systems were commissioned. [vi] As water billing is provided quarterly, the water data reported in the current FY column (2014-15) is for the 12 months from 1 May 2014 to 30 April 2015 and represents the best available data at the time of publishing. [vii] Co-mingled waste reported at AMC includes both comingled, paper and cardboard recycled materials, and used fluorescent tubes (500kg). Shredded paper is put into a worm farm for organic material recycling. Comingled recycling compactor is used on site at AMC. [viii] Greenhouse gas emissions for electricity consumption have been calculated using an emissions factor of 0.802
kilogram (kg) CO2-e / kilowatt hour (kWh) or 0.802 tonne (t) CO2-e / megawatt hour (MWh). This lower emissions factor (Scope 2 plus Scope 3), is specific to the ACT and reflects the contribution of renewable electricity generated under the ACT’s 90% Renewable Energy Target (RET).
154 Justice and Community Safety Directorate Annual Report 2014-15 SECTION C Financial Management Reporting C.1 FINANCIAL MANAGEMENT ANALYSIS
General Overview Management Plan and a Business Continuity Plan which assists the Directorate in meeting Objectives its strategic and operational objectives.
The Justice and Community Safety Directorate The Directorate’s risk management processes (the Directorate) seeks to maintain a fair, safe comply with AS/NZS ISO 31000:2009 Risk and peaceful community in the ACT where management –Principles and Guidelines and people’s rights and interests are respected form part of its overall fraud and corruption and protected. This is achieved through the prevention framework. objectives of: The Directorate has an internal audit program • maintaining the rule of law that is developed with consideration given and the Westminster style of to our strategic risks and our audit history democratic government; (internal and external audits). The internal • promoting the protection of human rights audit program is managed by the Directorate’s in the Territory; Audit and Performance Improvement Committee (APIC). • providing effective offender management and opportunities for rehabilitation; The Directorate’s key business risks, requiring • protecting and preserving life, property and ongoing monitoring by the executive and the environment; and senior management include: • providing for effective and cohesive • the attraction and retention of high quality emergency response and management. staff and the provision of a safe, inclusive and productive workplace; To support the achievement of its objectives, • the increasing demand for the upgrade, the Directorate aims to improve service improvement and integration of delivery to government and the community the Directorate’s information and and to ensure it continues to meet community communication technology systems needs into the future. to meet current and future business Risk Management requirements; • the management of capital works The Directorate has adopted Enterprise-wide and Information and Communication Risk Management as required by the Technology procurement activities. Australian Capital Territory Insurance Authority (ACTIA) model risk management The Directorate is seeking to respond to these framework. In accordance with the risks by undertaking staff development and framework, the Directorate has a Fraud regular review and validation. and Corruption Prevention Plan, a Risk
156 Justice and Community Safety Directorate Annual Report 2014-15 Directorate Financial Performance
The following financial information is based on audited Financial Reports for 2013-14 and 2014-15.
Total Net Cost of Services
Original Actual Budget Actual 2013-14 2014-15 2014-15 $m $m $m
Total Expenditure 318.0 330.7 307.5 REPORTING MANAGEMENT FINANCIAL C. Total Own Source Revenue 30.6 23.8 34.9 Net Cost of Services 287.4 306.9 272.6
1. Comparison to Original Budget • higher own source revenue of $4.3 million, relating mainly to higher user charges The Directorate’s net cost of services for 2014- ($3.6 million), and gains ($2.7 million), 15 of $272.6 million was $34.3 million or partially offset by lower other revenue lower than the 2014-15 original budget 11.2% ($2.1 million), as outlined at Total Own (see also ) due to: Attachment A Source Revenue – Comparison to 2013–14 • lower expenditure of $23.2 million or Expenditure. 7.0%, as outlined at Total Expenditure – Comparison to Original Budget; and Total Expenditure
• higher own source revenue of 1. Components of Expenditure $11.0 million or 46.6%, as outlined at Total Own Source Revenue – Comparison Figure 10: Components of Expenditure to Original Budget. indicates the components of actual expenditure for 2014-15. Total expenditure 2. Comparison to 2013-14 was $307.5 million, comprising employee expenses of $184.5 million, supplies and The Directorate’s 2014-15 net cost of services services of $72.8 million, superannuation of of $272.6 million was $14.8 million or 5.1% $23.4 million, depreciation and amortisation lower than 2013-14, due to: of $17.0 million, other expenses of • lower expenditure of $10.5 million, $6.5 million, grants and purchased services relating mainly to decrease in supplies and of $3.1 million, and borrowing costs of services $0.1 million. ($11.1 million), depreciation and amortisation ($3.1 million), employee and superannuation expenses ($2.1 million), partially offset by higher other expenses ($5.0 million) and grants and purchased services ($0.9 million), as outlined at Total Expenditure – Comparison to 2013-14 Expenditure; and
Justice and Community Safety Directorate Annual Report 2014-15 157 Figure 10 – Components of Expenditure
2. Comparison to Original Budget These are partially offset by higher
Total expenditure in 2014-15 was • other expenses of $5.1 million relating $307.5 million, which was $23.2 million or mainly to the transfer of the former 7.0% lower than the 2014-15 original budget Belconnen Remand Centre ($1.9 million) primarily due to lower: and ESA Charnwood Fire Station land ($0.2 million) to the Land Development • supplies and services of $11.5 million Agency and the loss on de-recognition relating mainly the transfer of Office of of motor vehicles under a finance lease Regulatory Services (ORS) functions to ($2.6 million) due to the change in car Access Canberra within Chief Minister, leasing arrangements from finance leases Treasury and Economic Development to operating leases from 23 April 2015. Directorate (CMETDD) following Administrative Arrangement (AA) changes 3. Comparison to 2013-14 Expenditure from 15 December 2014 ($8.4 million) and transfer of recurrent cost ($2.2 million) to Total 2014-15 expenditure of $307.5 million 2015-16; was $10.5 million or 3.3% lower than 2013–14 mainly due to lower: • depreciation and amortisation of $9.3 million, relating mainly to the transfer • supplies and services of $11.1 million of capital works projects to 2015-16, and relating mainly to AA changes for the the transfer of ORS to Access Canberra transfers of ORS ($8.2 million) from ($1.0 million); and 15 December 2014 and ACT Electoral Commission ($0.9 million) from 1 July 2014; • employee and superannuation expenses of $5.1 million relating mainly to the transfer • depreciation and amortisation of of ORS to Access Canberra; and $3.1 million relating mainly to re-assessment of the useful life for • grants and purchased services of Closed Circuit Television assets and fully $2.2 million relating mainly to the transfer depreciated Corrections and Courts assets of funding to 2015-16 associated with resulting in lower depreciation in 2014–15 the National Disaster Resilience Program financial year and the transfer of ORS to ($1.4 million) and transfer of ORS to Access Access Canberra, and Canberra ($0.8 million);
158 Justice and Community Safety Directorate Annual Report 2014-15 • superannuation expenses of $2.1 million $11.7 million, other gains of $3.8 million, and relating to function transfers of ORS resources received free of charge and interest ($1.8 million) from 15 December 2015 and of $0.5 million. ACT Electoral Commission ($0.2 million) from 1 July 2014. 2. Comparison to Original Budget
These are partially offset by higher: Own source revenue for 2014-15 was $34.9 million, which was $11.0 million • other expenses of $5.0 million due to the or 46.3% higher than the 2014-15 original transfer of the former Belconnen Remand budget primarily due to higher: Centre ($1.9 million) and ESA Charnwood Fire Station land ($0.2 million) to the Land • user charges of $6.2 million relating REPORTING MANAGEMENT FINANCIAL C. Development Agency and the loss on mainly to higher government solicitor client de-recognition of Motor Vehicles under funded services revenue ($3.5 million) and a finance lease ($2.6 million) due to the Emergency Services Agency (ESA) cost change in car leasing arrangements from recovery related activities ($2.4 million); finance leases to operating leases from • gains of $3.8 million relating mainly to 23 April 2015; and the transfer of the Snowy Hydro Southcare • grants and purchased services of Training and Administration Centre $0.9 million relating mainly to the higher building from Southcare Helicopter expenditure associated with the Natural Fund Pty Ltd ($1.2 million) and change in Disaster Resilience Program. car leasing arrangements from finance leases to operating leases resulting in the Total Own Source Revenue de-recognition of the associated lease liability ($2.5 million); and 1. Components of Own Source Revenue • other revenue of $0.7 million relating Figure 11: Components of Own Source mainly to higher insurance recoveries Revenue identifies the components of ($0.9 million) and ESA related recoveries revenue for 2014-15. Total own source revenue ($1.6 million), partially offset by lower trust was $34.9 million, comprising total user recoveries ($1.8 million) due to the transfer charges of $18.7 million, other revenue of of ORS to Access Canberra; and
Figure 11 – Components of Own Source Revenue
Justice and Community Safety Directorate Annual Report 2014-15 159 • resources received free of charge of Directorate Financial Position $0.3 million relating mainly to police checks for jury panellists and visiting Total Assets federal court judges. 1. Components of Total Assets 3. Comparison to 2013-14 Own Source Revenue Figure 12: Total Assets as at 30 June 2015 identifies the categories of assets held by Total 2014-15 own source revenue of the Directorate. Total assets held were $34.9 million was $4.3 million or 14.1% $388.1 million, comprising noncurrent assets higher than 2013-14 mainly due to higher: of $346.9 million, cash and cash equivalents of • user charges of $3.6 million relating $17.9 million and receivables, inventory and mainly to government solicitor client other assets of $23.3 million. funded services revenue ($2.0 million), and ESA fire related fees ($1.4 million) due to fee 2. Comparison to Original Budget increases to align with other jurisdictions; Total assets as at 30 June 2015 of and $388.1 million were $27.6 million or 7% • gains of $2.7 million relating mainly to lower than the 201415 original budget mainly the change in car leasing arrangements due to the transfer of ORS to Access Canberra from finance leases to operating leases ($13.4 million) and transfer of capital projects ($2.5 million); to 2015-16.
These were partially offset by lower: 3. Comparison to 2013-14 Assets • other revenue of $2.1 million relating mainly to the transfer of ORS to Total assets of $388.1 million as at Access Canberra. 30 June 2015 were $30.3 million or 8% higher than 201314, mainly due to higher current assets ($3.5 million) due to increase in receivables of ($12.1 million), partially offset by decrease in cash ($9.0 million) associated with the transfer of ORS to Access Canberra.
Figure 12 – Total Assets as at 30 June 2015
160 Justice and Community Safety Directorate Annual Report 2014-15 Figure 13 – Total Liabilities as at 30 June 2015 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Higher non-current assets ($26.8 million) benefits ($2.7 million), payables and other predominately due to works in progress liabilities ($2.6 million) and finance leases associated with Alexander Maconochie Centre ($3.5 million). The decrease is mainly due to Additional Facilities and new Emergency the transfer of ORS to Access Canberra and Services Agency Aranda Ambulance and Fire change in car leasing arrangements from and Rescue Station. finance leases to operating leases.
Total Liabilities Territorial Statement of Income 1. Components of Total Liabilities and Expenses Figure 13: Total Liabilities as at 30 June 2015 identifies the categories Total Income of liabilities held by the Directorate. Total 1. Components of Income liabilities were $92.3 million, comprising total employee benefits of $78.7 million, Figure 14: Sources of Territorial Income payables and other liabilities of $13.6 million. identifies major components of income for 2014-15. Total income was $262.1 million, 2. Comparison to Original Budget comprising payments for expenses on behalf Total liabilities as at 30 June 2015 of of the Territory of $162.3 million, fees and $92.3 million were $1.8 million or 2% fines of$89.3 million, user charges non-ACT higher than the 2014-15 original budget. Government of $6.6 million and other revenue of $3.9 million. 3. Comparison to 2013-14 Liabilities
Total liabilities as at 30 June 2015 of $92.3 million were $8.8 million or 9% lower than 2013-14, mainly due to lower employee
Justice and Community Safety Directorate Annual Report 2014-15 161 Figure 14 – Sources of Territorial Income
2. Comparison to Original Budget 3. Comparison to 2013-14 Income
Territorial income for 2014-15 totalled Territorial revenue of $262.1 million for $262.1 million, which was $106.8 million 2014-15 was $92.3 million or 26% lower than or 28.9% lower than the 2014-15 original 2013-14 predominately due to lower fees and budget mainly due to lower fees and fines fines ($87.3 million), user charges ($7.0 million) ($101.0 million) and user charges ($12 and other revenue ($0.6 million) as a result of million) predominately relating to the the transfer of ORS to Access Canberra. transfer of Office of Regulatory Services (ORS) functions to Access Canberra within These were partially offset by higher Chief Minister, Treasury and Economic payments for expenses on behalf of the Development Directorate (CMTEDD) following Territory of $2.6 million, relating mainly to Administrative Arrangement (AA) changes the additional funding for Territorial legal from 15 December 2014. expenses ($2.0 million) and ACT Policing wage agreement increases and enabling These were partially offset by higher: services ($4.0 million), offset by the cessation • payment for expenses on behalf of the of 2013–14 funding for the Eastman Inquiry Territory of $4.0 million predominately related expenses ($3.2 million). due to additional funding for legal and Total Expenditure compensation expenses ($2.9 million) and ACT Policing 1. Components of Expenditure ($1.2 million); and Figure 15: Sources of Territorial • other revenue of $2.2 million primarily identifies major components due to higher insurance and legal Expenditure of actual expenditure for 2013-14. Total cost recoveries expenditure was , comprising ($1.5 million) and transport related $266.3 million employee expenses of , supplies recoveries ($0.6 million). $1.0 million and services of $161.3 million, transfers to Government of $99.8 million, depreciation of $2.8 million and other expenses of $1.4 million.
162 Justice and Community Safety Directorate Annual Report 2014-15 Figure 15 – Sources of Territorial Expenditure C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
2. Comparison to Original Budget 3. Comparison to 2013-14 Expenditure
Total expenditure in 2014-15 was Total 2014-15 expenditure of $266.3 million $266.3 million, which was $105.3 million or was $91.1 million or 25.5% lower than 28.3% lower than the 2014-15 original budget 2013-14 predominately due to lower transfers due to lower revenue transfers to Government to government ($92.2 million) and other ($110.0 million) as a result of transfer of ORS expenses relating to allowance for impairment to Access Canberra. losses ($1.6 million) as a result of the transfer of ORS to Access Canberra partially offset This was partially offset by higher: by supplies and services of $2.6 million • supplies and services of $3.9 million largely due to higher Territorial legal and relating mainly to the higher legal and compensation expenses ($1.9 million) and compensation expenses ($2.7 million) and payments to ACT Policing ($0.8 million). payment to ACT Policing ($1.2 million); • depreciation of $0.5 million associated with ACT Policing facilities; and • other expenses of $0.3 million relating mainly to loss on the transfer of the former Belconnen Police Station land to the Land Development Agency ($1.1 million) partially offset by lower allowance for impairment losses ($0.8 million) as a result of transfer of ORS to Access Canberra.
Justice and Community Safety Directorate Annual Report 2014-15 163 Original 2014-15 Variance Budget Actual Description $’000 $’000 $’000 % Expenditure Employee and Superannuation 213 081 207 948 5 133 2.41% Supplies and Services 84 297 72 779 11 518 13.66% Depreciation and Amortisation 26 369 17 049 9 320 35.34% Borrowing Costs 334 109 225 67.37% Grants and Purchased Services 5 286 3 112 2 174 41.13% Other Expenses 1 352 6 471 -5 119 -378.62% Total Expenditure 330 719 307 468 23 251 7.03% Own Source Revenue User Charges 12 534 18 740 6 206 49.51% Interest - 8 8 - Resources Received Free of Charge 254 521 267 105.12% Gains - 3 844 3 844 - Other Revenue 11 034 11 748 714 6.47% Total Own Source Revenue 23 822 34 861 11 039 46.34% Total Net Cost of Services 306 897 272 607 34 290 11.17%
164 Justice and Community Safety Directorate Annual Report 2014-15 C.2 FINANCIAL STATEMENTS C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 165 166 Justice and Community Safety Directorate Annual Report 2014-15 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 167 These are hidden on purpose
JUSTICE AND COMMUNITY SAFETY DIRECTORATE
CONTROLLED FINANCIAL STATEMENTS
FOR THE YEAR ENDED 30 JUNE 2015
84
168 Justice and Community Safety Directorate Annual Report 2014-15 Justice and Community Safety Directorate Operating Statement For the Year Ended 30 June 2015 Hidden word Original Actual Budget Actual Note 2015 2015 2014 No. $’000 $’000 $’000 Income Revenue Government Payment for Outputs 4 253,622 280,070 271,712 User Charges – ACT Government 5 6,831 3,177 4,627 User Charges – Non-ACT Government 5 11,909 9,357 10,510 Interest 6 8 - 6 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. Resources Received Free of Charge 7 521 254 435 Other Revenue 8 11,748 11,034 13,860 Total Revenue 284,639 303,892 301,150 Gains Other Gains 9 3,844 - 1,114 Total Gains 3,844 - 1,114 Total Income 288,483 303,892 302,264
Expenses Employee Expenses 10 184,510 185,535 184,540 Superannuation Expenses 11 23,438 27,546 25,466 Supplies and Services 12 72,779 84,297 83,925 Depreciation and Amortisation 13 17,049 26,369 20,175 Borrowing Costs 14 109 334 206 Grants and Purchased Services 15 3,112 5,286 2,196 Other Expenses 16 6,471 1,352 1,449 Total Expenses 307,468 330,719 317,957
Operating (Deficit) (18,985) (26,827) (15,693)
Other Comprehensive Income Items that will not be reclassified subsequently to profit or loss Increase in the Asset Revaluation Surplus 33 7,689 - - Total Other Comprehensive Income 7,689 - -
Total Comprehensive (Deficit) (11,296) (26,827) (15,693)
The above Operating Statement should be read in conjunction with the accompanying notes.
85 Justice and Community Safety Directorate Annual Report 2014-15 169 Justice and Community Safety Directorate Balance Sheet As at 30 June 2015 Hidden words Original Actual Budget Actual Note 2015 2015 2014 No. $’000 $’000 $’000 Current Assets Cash and Cash Equivalents 20 17,909 27,313 26,735 Receivables 21 21,276 4,630 9,099 Inventories 22 1,323 1,423 1,178 Assets Held for Sale 23 50 115 165 Other Assets 27 640 174 494 Total Current Assets 41,198 33,655 37,671 Non-Current Assets Property, Plant and Equipment 24 298,448 298,436 293,370 Intangible Assets 25 1,238 15,331 4,888 Capital Works in Progress 26 47,252 68,358 21,895 Total Non-Current Assets 346,938 382,125 320,153 Total Assets 388,136 415,780 357,824 Current Liabilities Payables 28 10,595 4,313 7,686 Finance Leases 29 7 2,004 1,424 Employee Benefits 30 75,606 70,298 77,017 Other Provisions 31 359 580 474 Other Liabilities 32 970 5,523 6,117 Total Current Liabilities 87,537 82,718 92,718 Non-Current Liabilities Finance Leases 29 73 1,672 2,111 Employee Benefits 30 3,055 4,424 4,347 Other Provisions 31 1,675 1,775 1,925 Total Non-Current Liabilities 4,803 7,871 8,383 Total Liabilities 92,340 90,589 101,101 Net Assets 295,796 325,191 256,723 Equity Accumulated Funds 233,933 271,017 202,549 Asset Revaluation Surplus 33 61,863 54,174 54,174 Total Equity 295,796 325,191 256,723
The above Balance Sheet should be read in conjunction with the accompanying notes.
170 Justice and Community Safety Directorate Annual Report 2014-15 86 Justice and Community Safety Directorate Statement of Changes in Equity For the Year Ended 30 June 2015 Hidden words For the Year Ended 30 June 2015 Asset Accumulated Revaluation Other Total Funds Surplus Reserves Equity Original Actual Actual Actual Actual Budget Note 2015 2015 2015 2015 2015 No. $’000 $’000 $’000 $’000 $’000
Balance at 1 July 2014 202,549 54,174 - 256,723 266,709 Comprehensive Deficit Operating (Deficit) (18,985) - - (18,985) (26,827)
Increase in the Asset Revaluation Surplus 33 - 7,689 - 7,689 - REPORTING MANAGEMENT FINANCIAL C. Total Comprehensive (Deficit) (18,985) 7,689 - (11,296) (26,827) Transactions Involving Owners Affecting
Accumulated Funds Capital Injections 52,686 - - 52,686 86,148 Net Assets transferred (out) as part of an Administrative Restructure 35 (2,317) - - (2,317) (839)
Total Transactions Involving Owners Affecting 50,369 - 50,369 85,309 Accumulated Funds Balance at 30 June 2015 233,933 61,863 - 295,796 325,191
For the Year Ended 30 June 2014 Asset Accumulated Revaluation Other Total Funds Surplus Reserves Equity Actual Actual Actual Actual Note 2014 2014 2014 2014 No. $’000 $’000 $’000 $’000
Balance at 1 July 2013 192,630 54,174 - 246,804 Comprehensive (Deficit) Operating (Deficit) (15,693) - - (15,693) Total Comprehensive (Deficit) (15,693) - - (15,693) Transactions Involving Owners Affecting
Accumulated Funds Capital Injections 25,612 - - 25,612
Total Transactions Involving Owners Affecting 25,612 - - 25,612 Accumulated Funds Balance at 30 June 2014 202,549 54,174 - 256,723
The above Statement of Changes in Equity should be read in conjunction with the accompanying notes.
87 Justice and Community Safety Directorate Annual Report 2014-15 171 Justice and Community Safety Directorate Cash Flow Statement For the Year Ended 30 June 2015 Hidden words Original Actual Budget Actual Note 2015 2015 2014 No. $’000 $’000 $’000 Cash Flows from Operating Activities Receipts Government Payment for Outputs 253,622 280,070 271,712 User Charges – ACT Government 7,764 3,177 4,600 User Charges – Non-ACT Government 7,609 7,963 9,415 Interest Received 8 - 6 Goods and Services Tax Collected from Customers 2,811 319 1,137 Goods and Services Tax Input Tax Credits from the Australian Taxation Office (ATO) 13,751 4,109 10,067 Other 13,185 11,027 12,967 Total Receipts from Operating Activities 298,750 306,665 309,904 Payments Employees 188,708 184,639 176,647 Superannuation 24,357 27,546 25,264 Supplies and Services 81,283 84,113 81,277 Borrowing Costs 109 16 206 Grants and Purchased Services 3,112 5,874 2,578 Goods and Services Tax Paid to Suppliers/Remittance to ATO 14,866 4,440 13,289 Other - 30 - Total Payments from Operating Activities 312,435 306,658 299,261 Net Cash (Outflows)/Inflows from Operating Activities 39 (13,685) 7 10,643 Cash Flows from Investing Activities Payments Purchase of Property, Plant and Equipment and Capital Works in Progress 42,840 62,419 19,279 Purchase of Land and Intangibles Works in Progress 3,871 15,568 2,948 Total Payment from Investing Activities 46,711 77,987 22,227 Net Cash (Outflows) from Investing Activities (46,711) (77,987) (22,227) Cash Flows from Financing Activities Receipts Capital Injections 52,686 86,148 25,612 Total Receipts from Financing Activities 52,686 86,148 25,612 Payments Repayment of Finance Lease Liabilities 57 15 258 Payment of Transferred Cash Balances 1,059 - - Total Payments from Financing Activities 1,116 15 258 Net Cash Inflows from Financing Activities 51,570 86,133 25,354 Net (Decrease)/Increase in Cash and Cash Equivalents (8,826) 8,153 13,770 Cash and Cash Equivalents at the Beginning of the Reporting
Period 26,735 19,160 12,965 Cash and Cash Equivalents at the End of the Reporting Period 39 17,909 27,313 26,735
The above Cash Flow Statement should be read in conjunction with the accompanying notes.
172 Justice and Community Safety Directorate Annual Report 2014-15 88 Justice and Community Safety Directorate Summary of Directorate Output Classes For the Year Ended 30 June 2015 Hidden words Output Class Output Class Output Class Output Class Intra Agency Total 1 2 3 4 Eliminations $’000 $’000 $’000 $’000 $’000 $’000 2015 Total Income 74,682 52,550 35,902 125,349 - 288,483 Total Expenses 74,625 62,580 38,380 131,883 - 307,468 Operating Surplus/(Deficit) 57 (10,030) (2,478) (6,534) - (18,985)
2014
Total Income 97,602 48,256 36,582 119,824 - 302,264 REPORTING MANAGEMENT FINANCIAL C. Total Expenses 100,660 54,796 39,661 122,840 - 317,957 Operating (Deficit) (3,058) (6,540) (3,079) (3,016) - (15,693)
89 Justice and Community Safety Directorate Annual Report 2014-15 173 Justice and Community Safety Directorate Operating Statement for Output Class 1 – Justice Services For the Year Ended 30 June 2015
Description
Policy Advice and Justice Programs : High quality policy, legislation, ministerial support and advice to portfolio Ministers, Cabinet and other agencies on justice and community safety matters. Administer security coordination and emergency management policy, and innovative justice and crime prevention programs (including the Restorative Justice Program) across Government and the community.
Legal Services to Government : High quality and timely legal advice and representation for the Attorney-General and Government.
Legislative Drafting and Publishing Services : Provision of high quality and timely legislative drafting and publishing services for ACT legislation and maintenance of the ACT legislation register.
Public Prosecutions : Prosecution of summary and indictable matters, at first instance and on appeal, provision of assistance to the Coroner, and provision of witness assistance services.
Protection of Rights : Provision of advocacy, complaints-handling, advice, community awareness raising and other services in connection with the promotion and protection of rights especially for vulnerable members of society, through services provided by the ACT Human Rights Commission, the Public Advocate of the ACT and Victim Support ACT. This output also includes services provided by the Privacy Commissioner.
Regulatory and Transport Services : Provision of registration and licensing services for individuals, the community, business and industry; the enforcement of a broad range of legislation across areas of consumer protection and occupational health and safety, the regulation of parking and public passenger transport, heavy vehicles, driver competency and vehicle registration; and promotion of road user safety. This output has been discontinued with effect from 15 December 2014 as a result of Administrative Arrangement (AA) changes. Relevant budget and costs from that date were transferred to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD).
Original Actual Budget Actual 2015 2015 2014 $’000 $’000 $’000 Income Revenue Government Payment for Outputs 63,464 87,698 86,687 User Charges – ACT Government 6,509 2,991 4,366 User Charges – Non-ACT Government 1,606 1,437 1,865 Resources Received Free of Charge 44 - - Other Revenue 2,896 4,039 3,830 Total Revenue 74,519 96,165 96,748 Gains Other Gains 163 - 854 Total Gains 163 - 854 Total Income 74,682 96,165 97,602 Expenses Employee Expenses 45,444 54,235 57,997 Superannuation Expenses 6,377 8,721 8,352 Supplies and Services 18,308 27,849 28,253 Depreciation and Amortisation 1,449 3,619 3,786 Borrowing Costs 26 119 63 Grants and Purchased Services 2,865 5,127 2,173 Other Expenses 156 6 36 Total Expenses 74,625 99,676 100,660 Operating Surplus/(Deficit) 57 (3,511) (3,058)
174 Justice and Community Safety Directorate Annual Report 2014-15 90 Justice and Community Safety Directorate Operating Statement for Output Class 2 – Corrective Services For the Year Ended 30 June 2015 words Description
Provision of safe and secure custody for detainees with a strong focus on the delivery of rehabilitative, educational and vocational programs, effectively managing un-sentenced offenders and community based corrections programs, and providing advice and services to the ACT justice system.
Original Actual Budget Actual 2015 2015 2014 $’000 $’000 $’000 Income C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. Revenue Government Payment for Outputs 51,617 53,499 47,326 User Charges – Non-ACT Government 7 - 1 Other Revenue 548 49 926 Total Revenue 52,172 53,548 48,253
Gains Other Gains 378 - 3 Total Gains 378 - 3 Total Income 52,550 53,548 48,256
Expenses Employee Expenses 37,363 34,506 32,802 Superannuation Expenses 4,288 4,332 3,972 Supplies and Services 12,933 14,947 12,130 Depreciation and Amortisation 5,529 6,050 5,840 Borrowing Costs 13 39 25 Grants and Purchased Services 75 109 23 Other Expenses 2,379 - 4 Total Expenses 62,580 59,983 54,796 Operating (Deficit) (10,030) (6,435) (6,540)
91 Justice and Community Safety Directorate Annual Report 2014-15 175 Justice and Community Safety Directorate Operating Statement for Output Class 3 - Courts and Tribunal For the Year Ended 30 June 2015
Hidden words Description
High quality support to judicial officers and tribunal members in the courts and the tribunal and high quality services to the public using the courts and tribunal.
Original Actual Budget Actual 2015 2015 2014 $’000 $’000 $’000 Income Revenue Government Payment for Outputs 28,200 28,201 29,411 User Charges – ACT Government 102 186 65 User Charges – Non-ACT Government 1,008 846 1,068 Interest 8 - 6 Resources Received Free of Charge 477 254 435 Other Revenue 5,660 5,766 5,592 Total Revenue 35,455 35,253 36,577
Gains Other Gains 447 - 5 Total Gains 447 - 5 Total Income 35,902 35,253 36,582
Expenses Employee Expenses 20,248 19,468 20,178 Superannuation Expenses 2,463 2,616 2,487 Supplies and Services 13,438 13,615 14,899 Depreciation and Amortisation 1,715 4,251 2,071 Borrowing Costs 16 58 23 Grants and Purchased Services - 2 - Other Expenses 500 25 3 Total Expenses 38,380 40,035 39,661 Operating (Deficit) (2,478) (4,782) (3,079)
176 Justice and Community Safety Directorate Annual Report 2014-15 92 Justice and Community Safety Directorate Operating Statement for Output Class 4 - Emergency Services For the Year Ended 30 June 2015
Hidden words Description
Prevention and Mitigation Measures taken in advance of an emergency aimed at decreasing or eliminating its impact on the community and the environment.
Preparedness Measures to ensure that, should an emergency occur, communities, resources and services are capable of responding to, and coping with the effects.
Response C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. Strategies and services to control, limit or modify an emergency to reduce its consequences.
Recovery Strategies and services to return the ACT Emergency Services Agency to a state of preparedness after emergency situations and to assist with community recovery.
Original Actual Budget Actual 2015 2015 2014 $’000 $’000 $’000 Income Revenue Government Payment for Outputs 110,341 110,672 108,288 User Charges – ACT Government 220 - 56 User Charges – Non-ACT Government 9,288 7,074 7,716 Other Revenue 2,644 1,180 3,512 Total Revenue 122,493 118,926 119,572
Gains Other Gains 2,856 - 252 Total Gains 2,856 - 252 Total Income 125,349 118,926 119,824
Expenses Employee Expenses 81,455 77,326 73,563 Superannuation Expenses 10,310 11,877 10,655 Supplies and Services 28,100 27,886 28,643 Depreciation and Amortisation 8,356 12,449 8,478 Borrowing Costs 54 118 95 Grants and Purchased Services 172 48 - Other Expenses 3,436 1,321 1,406 Total Expenses 131,883 131,025 122,840 Operating (Deficit) (6,534) (12,099) (3,016)
93 Justice and Community Safety Directorate Annual Report 2014-15 177 Justice and Community Safety Directorate Controlled Statement of Appropriation For the Year Ended 30 June 2015 Hidden words Original Total Appropriation Appropriation Budget Appropriated Drawn Drawn 2015 2015 2015 2014 $’000 $’000 $’000 $’000
Controlled Government Payment for Outputs (GPO) 280,070 261,111 253,622 271,712 Capital Injections 86,148 92,886 52,686 25,612 Total Controlled Appropriation 366,218 353,997 306,308 297,324
The above Controlled Statement of Appropriation should be read in conjunction with the accompanying notes.
Column Heading Explanations The Original Budget column shows the amounts that appear in the Cash Flow Statement in the Budget Papers. This amount also appears in the Cash Flow Statement. The Total Appropriated column is inclusive of all appropriation variations occurring after the Original Budget. The Appropriation Drawn is the total amount of appropriation received by the Directorate during the year. This amount appears in the Cash Flow Statement. Variances between ‘Original Budget’ and ‘Total Appropriated’ Government Payment for Outputs The decrease of $18.959 million between the Original Budget for the Directorate and the Total Appropriated is due to: - Financial Management Act 1996 (FMA) Section 16: Transfer of Office of Regulatory Services (ORS) functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) following Administrative (AA) changes from 15 December 2014 (-$22.162 million) - FMA Section 16B: Revised Wages Parameters ($2.898 million) - FMA Section 19B: Commonwealth Grants - Bushfire Mitigation ($0.305 million)
Capital Injections
The increase of $6.738 million between the Original Budget and the Total Appropriated is due to: - FMA Section 16B: Transfer of capital project funding from 2013-14 to 2014-15 ($9.604 million) - FMA Section 16: Transfer of ORS to Access Canberra (-$2.866 million) within CMTEDD
Variances between 'Total Appropriated' and 'Appropriation Drawn'
Government Payment for Outputs
The difference of $7.489 million between the Total Appropriated and Appropriation Drawn is mainly due to the return of unspent quarantined superannuation funding to Government ($2.053 million), and the transfer of funding to 2015-16 including the National Disaster Resilience Program ($1.406 million), Correctional staff Enterprise Bargaining Agreement ($1.387 million), Emergency Services Agency (ESA) Station Upgrade and Relocation – Aranda Station ($0.700 million), Alexander Maconochie Centre (AMC) Electronic Security System ($0.519 million), ACT Corrective Services Information Management Solution ($0.321 million), Commonwealth Grant - Bushfire Mitigation ($0.305 million), Aboriginal Justice Centre ($0.226 million), Gungahlin Joint Emergency Services Centre ($0.200 million), Justice Reform Strategy Funds ($0.0125 million), and road safety related projects.
178 Justice and Community Safety Directorate Annual Report 2014-15 94 Justice and Community Safety Directorate Controlled Statement of Appropriation For the Year Ended 30 June 2015 Hidden words CONTROLLED STATEMENT OF APPROPRIATION - CONTINUED
Capital Injections
The difference of $40.200 million between the Total Appropriated and Appropriation Drawn is due to:
- transfer of capital projects funding to 2015-16 including the ESA Station Upgrade and Relocation Program ($11.646 million), Replacement of Courts & Tribunal ICT Case Management System ($7.966 million), the Correctional facility ($6.519 million), Territory Radio Network and Computer Aided Dispatch Replacement Program ($3.567 million), ACT Legislation Register ($1.088 million), Vehicle Replacement Program
($1.073 million), AMC Security and System Upgrades ($0.978 million), Working with Vulnerable People Checks REPORTING MANAGEMENT FINANCIAL C. ($0.829 million), New Courts Facilities ($0.792 million), Rego.ACT ($0.400 million) and AMC Crisis Support Unit Upgrade ($0.239 million); and - savings relating to capital projects including AMC Additional Facilities Design ($2.304 million), ESA Station Upgrade and Relocation Project — South Tuggeranong Fire and Rescue Station ($1.576 million), and the AMC projects ($0.980 million).
95 Justice and Community Safety Directorate Annual Report 2014-15 179 Justice and Community Safety Directorate CONTROLLED NOTE INDEX
Note 1 Objectives of the Justice and Community Safety Directorate Note 2 Summary of Significant Accounting Policies Note 3 Change in Accounting Policy and Accounting Estimates
Income Notes Note 4 Government Payment for Outputs Note 5 User Charges Note 6 Interest Note 7 Resources Received and Provided Free of Charge Note 8 Other Revenue Note 9 Other Gains
Expense Notes Note 10 Employee Expenses Note 11 Superannuation Expenses Note 12 Supplies and Services Note 13 Depreciation and Amortisation Note 14 Borrowing Costs Note 15 Grants and Purchased Services Note 16 Other Expenses Note 17 Waivers, Impairment Losses and Write-Offs Note 18 Act of Grace Payments Note 19 Auditor's Remuneration
Asset Notes Note 20 Cash and Cash Equivalents Note 21 Receivables Note 22 Inventories Note 23 Assets Held for Sale Note 24 Property, Plant and Equipment Note 25 Intangible Assets Note 26 Capital Works in Progress Note 27 Other Assets
Liability Notes Note 28 Payables Note 29 Finance Leases Note 30 Employee Benefits Note 31 Other Provisions Note 32 Other Liabilities
Equity Notes Note 33 Asset Revaluation Surplus
Other Notes Note 34 Disaggregated Disclosure of Assets and Liabilities Note 35 Restructure of Administrative Arrangements Note 36 Financial Instruments Note 37 Commitments Note 38 Contingent Liabilities and Contingent Assets Note 39 Cash Flow Reconciliation Note 40 Third Party Monies Note 41 Guarantees Note 42 Events Occurring after Balance Date Note 43 Budgetary Reporting
180 Justice and Community Safety Directorate Annual Report 2014-15 96 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 1. OBJECTIVES OF THE JUSTICE AND COMMUNITY SAFETY DIRECTORATE Operations and Principal Activities The Justice and Community Safety Directorate (the Directorate) seeks to maintain a fair, safe and peaceful community in the ACT where people's rights and interests are respected and protected. In delivering its services, the Directorate aims to: - maintain the rule of law and the Westminster style of democratic government; - promote the protection of human rights in the Territory;
- provide effective offender management and opportunities for rehabilitation; REPORTING MANAGEMENT FINANCIAL C. - protect and preserve life, property and the environment; and - provide for effective and cohesive emergency response and management. The Directorate consists of: - Legislation Policy and Programs; - ACT Law Courts and Tribunal; - the ACT Government Solicitor's Office; - the ACT Parliamentary Counsel's Office; - ACT Corrective Services; - the Office of Regulatory Services (ORS); - Security Emergency and Management; and - the Emergency Services Agency. The function of ORS was transferred to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) as part of Administrative Arrangement (AA) changes, taking effect from 15 December 2014. Independent statutory offices within the Directorate include: - the Director of Public Prosecutions; - the Public Advocate of the ACT; - the Human Rights Commission; and - Victim Support ACT. The Directorate is also responsible for the management of services provided by the Commonwealth via the Australian Federal Police and the Privacy Commissioner.
97 Justice and Community Safety Directorate Annual Report 2014-15 181 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES 2.1 Basis of Preparation
The Financial Management Act 1996 (FMA) requires the preparation of annual financial statements.
The FMA and the Financial Management Guidelines issued under the Act, requires the Directorate’s financial statements to include:
(i) an Operating Statement for the year; (ii) a Balance Sheet at the end of the year; (iii) a Statement of Changes in Equity for the year; (iv) a Cash Flow Statement for the year; (v) an Operating Statement for each class of output for the year; (vi) a Statement of Appropriation for the year; (vii) a summary of the significant accounting policies adopted for the year; and (viii) such other statements necessary to fairly reflect the financial operations of the Directorate during the year and its financial position at the end of the year.
These general purpose financial statements have been prepared to comply with 'Generally Accepted Accounting Principles' (GAAP) as required by the FMA. The financial statements have been prepared in accordance with:
(i) Australian Accounting Standards; and (ii) ACT Accounting and Disclosure Policies.
The financial statements have been prepared using the accrual basis of accounting, which recognises the effects of transactions and events when they occur. The financial statements have also been prepared according to the historical cost convention, except for assets such as those included in property, plant and equipment which were valued in accordance with the revaluation policies applicable to the Directorate during the reporting period.
The Directorate's current liabilities ($87.5 million) exceed the current assets ($41.2 million) by $46.3 million. However, this is not considered a liquidity risk as the Directorate is funded through appropriation from the ACT Government on a cash- needs basis. This is consistent with the whole-of-government cash management regime, which requires excess cash balances to be held centrally rather than within individual agency bank accounts.
These financial statements are presented in Australian dollars, which is the Directorate's functional currency.
The Directorate is an individual reporting entity.
2.2 Controlled and Territorial Items
The Directorate produces Controlled and Territorial financial statements. The Controlled financial statements include income, expenses, assets and liabilities over which the Directorate has control. The Territorial financial statements include income, expenses, assets and liabilities that the Directorate administers on behalf of the ACT Government, but does not control, for example community policing services provided by the Australian Federal Police.
The purpose of the distinction between Controlled and Territorial is to enable an assessment of the Directorate's performance against the decisions it has made in relation to the resources it controls, while maintaining accountability for all resources under its responsibility.
The basis of preparation outlined in Note 2.1 above applies to both Controlled and Territorial financial statements except where specified otherwise.
2.3 The Reporting Period
These financial statements state the financial performance, changes in equity and cash flows of the Directorate for the year ending 30 June 2015 together with the financial position of the Directorate as at 30 June 2015.
182 Justice and Community Safety Directorate Annual Report 2014-15 98 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.4 Comparative Figures
Budget Figures
To facilitate a comparison with the Budget Papers, as required by the Financial Management Act 1996, budget information for 2014-15 has been presented in the financial statements. Budget numbers in the financial statements are the original budget numbers that appear in the 2014-15 Budget Papers.
Prior Year Comparatives
REPORTING MANAGEMENT FINANCIAL C. Comparative information has been disclosed in respect of the previous period for amounts reported in the financial statements, except where an Australian Accounting Standard does not require comparative information to be disclosed. Where the presentation or classification of items in the financial statements is amended, the comparative amounts have been reclassified where practical. Where a reclassification has occurred, the nature, amount and reason for the reclassification is provided.
2.5 Rounding
All amounts in the financial statements have been rounded to the nearest thousand dollars ($'000). Use of the "-" symbol represents zero amounts or amounts rounded up or down to zero.
2.6 Revenue Recognition
Revenue is recognised at the fair value of the consideration received or receivable in the Operating Statement. All revenue is recognised to the extent that it is probable that the economic benefits will flow to the Directorate and the revenue can be reliably measured. In addition, the following specific recognition criteria must also be met before revenue is recognised:
Government Appropriations
Government Payment for Outputs and Payment for Expenses on Behalf of the Territory are recognised as revenues when the Directorate receives the funding. Control over appropriated funds is obtained upon the receipt of cash.
Fees and Fines
Fees are either recognised as revenue at the time of receipt or when the fee is incurred. Fines are recognised as revenue on the issue of the relevant infringement notice. Where the fine attracts a penalty for late payment, the penalty amount is recognised as revenue on issue of the late payment notice.
Sale of Goods
Revenue from the sale of goods is recognised as revenue when the significant risks and rewards of ownership of the goods has transferred to the buyer, the Directorate retains neither continuing managerial involvement nor effective control over the goods sold and the costs incurred in respect of the transaction can be measured reliably.
Rendering of Services
Revenue from the rendering of services is recognised when the stage of completion of the transaction at the reporting date and the costs of rendering those services can be measured reliably.
Interest
Interest revenue is recognised using the effective interest method.
99 Justice and Community Safety Directorate Annual Report 2014-15 183 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.6 Revenue Recognition - Continued
Revenue Received in Advance
Revenue received in advance is recognised as a liability if there is a present obligation to return the funds received, otherwise all are recorded as revenue.
2.7 Resources Received and Provided Free of Charge
Resources received free of charge are recorded as a revenue and as an expense in the Operating Statement at fair value. The revenue is separately disclosed under resources received free of charge, with the expense being recorded in the line item to which it relates. Goods and services received free of charge from ACT Government agencies are recorded as resources received free of charge. Services that are received free of charge are only recorded in the Operating Statement if they can be reliably measured and would have been purchased if not provided to the Directorate free of charge.
Resources provided free of charge are recorded at their fair value in the expense line items to which they relate.
2.8 Repairs and Maintenance
The Directorate undertakes regular cyclical maintenance on significant property, plant and equipment. Where the maintenance leads to an upgrade of the asset, and increases the service potential of the existing asset, the cost is capitalised. Maintenance expenses which do not increase the service potential of the asset are expensed.
2.9 Borrowing Costs
Borrowing costs are expensed in the period in which they are incurred.
2.10 Waivers of Debt
Debts that are waived under section 131 of the Financial Management Act 1996, or in accordance with other relevant legislative provisions where applicable are expensed during the year in which the right to payment was waived. Further details of waivers are disclosed at Note 17 - Waivers, Impairment Losses and Write-offs and Note 54 Waivers, Impairment Losses and Write-offs - Territorial.
2.11 Current and Non-Current Items
Assets and liabilities are classified as current or non-current in the Balance Sheet and in the relevant notes. Assets are classified as current where they are expected to be realised within 12 months after the reporting date. Liabilities are classified as current when they are due to be settled within 12 months after the reporting date or the Directorate does not have an unconditional right to defer settlement of the liability for at least 12 months after the reporting date.
Assets or liabilities which do not fall within the current classification are classified as non-current.
2.12 Impairment of Assets
The Directorate assesses, at each reporting date, whether there is any indication that an asset may be impaired. Assets are also reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount may not be recoverable.
Any resulting impairment losses, for land, buildings and improvements, leasehold improvements, and community and heritage assets, are recognised as a decrease in the available balance of the Asset Revaluation Surplus relating to these classes of assets. Where the impairment loss is greater than the balance in the Asset Revaluation Surplus for the relevant class of asset, the difference is expensed in the Operating Statement. Impairment losses for plant and equipment and intangible assets are recognised in the Operating Statement, as plant and equipment and intangibles are carried at cost. Also, the carrying amount of the asset is reduced to its recoverable amount.
184 Justice and Community Safety Directorate Annual Report 2014-15 100 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.12 Impairment of Assets - Continued
An impairment loss is the amount by which the carrying amount of an asset (or a cash-generating unit) exceeds its recoverable amount. The recoverable amount is the higher of the asset's 'fair value less costs of disposal’ and its ‘value in use’. An asset’s ‘value in use’ is its depreciated replacement cost, where the asset would be replaced if the Directorate were deprived of it. Non-financial assets that have previously been impaired are reviewed for possible reversal of impairment at each reporting date.
2.13 Cash and Cash Equivalents
C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. For the purposes of the Cash Flow Statement and the Balance Sheet, cash includes cash at bank and cash on hand.
Cash equivalents are short term, highly liquid investments that are readily convertible to known amounts of cash and which are subject to an insignificant risk of changes in value.
2.14 Receivables
Accounts receivable (including trade receivables and other trade receivables) are initially recognised at fair value and are subsequently measured at amortised cost, with any adjustments to the carrying amount being recorded in the Operating Statement.
Trade receivables arise in the normal course of selling goods and services to other agencies and to the public. Trade receivables are payable within 30 days after the issue of an invoice or the goods/services have been provided under a contractual arrangement.
Other receivables arise outside the normal course of selling goods and services to other agencies and to the public. Other receivables are payable within 30 days after the issue of an invoice or the goods/services have been provided under a contractual arrangement.
The allowance for impairment losses represents the amount of trade receivables and other receivables the Directorate estimates will not be paid. The allowance for impairment losses is based on objective evidence and a review of overdue balances. The factors that the Directorate considers as objective evidence of impairment include:
(a) becoming aware of financial difficulties of debtors; (b) becoming probable that the debtor will not make payment; (c) default payments; or (d) debts more than 90 days overdue.
The amount of the allowance is the difference between an asset's carrying amount and the present value of the estimated future cash flows, discounted at the original effective interest rate. Cash flows relating to short-term receivables are not discounted if the effect of discounting is immaterial. The amount of the allowance is recognised in the Operating Statement. The allowance for impairment losses is written-back against the receivables account when the Directorate ceases action to collect the debt as it considers that it will cost more to recover the debt than the debt is worth.
Receivables that have been renegotiated because they are past due or impaired are accounted for based on the renegotiated terms, this includes time-to-pay arrangements for court and Office of Regulatory Services (ORS) related fines. Receivables for ORS related time-to-pay arrangements were transferred to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) following Administrative Arrangement (AA) changes from 15 December 2014.
The total Territorial receivables comprise of fees and fines receivables that the Directorate manages on behalf of the Territory. Assessment has been undertaken at the end of financial year to determine collectability by debt recovery measures and/or payment by instalments, or where appropriate, recognition of impairment loss in the financial statements.
101 Justice and Community Safety Directorate Annual Report 2014-15 185 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.15 Inventories
Inventories are stated at cost. Cost comprises the purchase price of inventories as well as transport, handling and other costs directly attributable to the acquisition of inventory. Trade discounts, rebates and other similar items are deducted in determining the costs of purchase. The cost of inventories is assigned using the first-in, first-out method.
The Directorate's inventories are held for distribution, not for sale. Inventories held for distribution are measured at cost, adjusted when applicable, for any loss of service.
2.16 Assets Held for Sale
Assets held for sale are assets that are available for immediate sale in their present condition, and their sale is highly probable. The majority of the Directorate's assets held for sale are leased vehicles approaching the end of the leased term prior to 23 April 2015 (refer to note 23 – Assets Held for Sale). The Directorate no longer holds vehicle finance leases as at 30 June 2015 due to a change in the whole-of-government car leasing arrangement effective from 23 April 2015.
Assets held for sale are measured at the lower of the carrying amount and fair value less costs to sell. An impairment loss is recognised for any initial or subsequent write down of the asset to fair value less cost to sell. Assets held for sale are not depreciated.
2.17 Acquisition and Recognition of Property, Plant and Equipment
Property, plant and equipment is initially recorded at cost. Cost includes the purchase price, directly attributable costs and the estimated cost of dismantling and removing the item (where, upon acquisition, there is a present obligation to remove the item).
Where property, plant and equipment is acquired at no cost, or minimal cost, cost is its fair value as at the date of acquisition. However, property, plant and equipment acquired at no cost or minimal cost as part of a restructuring of Administrative Arrangements is measured at the transferor’s book value.
Property, plant and equipment with a minimum value of $5,000 (ex GST) is capitalised.
2.18 Measurement of Property, Plant and Equipment After Initial Recognition
Property, plant and equipment is valued using the cost or revaluation model of valuation. Land, buildings and improvements, leasehold improvements and community and heritage assets are measured at fair value. Plant and equipment are measured at cost.
Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date.
Fair value for land, non-specialised buildings and some community and heritage assets is measured using the market approach valuation technique. This approach uses prices and other relevant information generated by market transactions involving identical or similar assets.
Fair value for specialised buildings and improvements, leasehold improvements and some community and heritage assets is measured by reference to the cost of replacing the remaining future economic benefits embodied in the asset i.e. depreciated replacement cost. This is the cost approach valuation technique. Depreciated replacement cost is the current replacement cost of an asset less accumulated depreciation calculated on the basis of such cost to reflect the already consumed economic benefits, expired economic benefits or obsolescence of the asset. Current replacement cost is determined by reference to the cost of a substitute asset of comparable utility, the gross project size specifications or the historical cost, adjusted by relevant indices.
186 Justice and Community Safety Directorate Annual Report 2014-15 102 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.18 Measurement of Property, Plant and Equipment After Initial Recognition - Continued
Land, buildings and improvements, leasehold improvements, and community and heritage assets are revalued every three years. However, if at any time management considers that the carrying amount of an asset materially differs from its fair value, then the asset will be revalued regardless of when the last valuation took place. Any accumulated depreciation relating to buildings and improvements, leasehold improvements and community and heritage assets at the date of revaluation is written-back against the gross carrying amount of the asset and the net amount is restated to the revalued amount of the asset.
The cost of plant and equipment comprises the purchase price, any directly attributable costs and the initial estimate of REPORTING MANAGEMENT FINANCIAL C. the costs of dismantling and removing the plant and equipment and restoring the site on which it is located.
2.19 Intangible Assets
The Directorate's intangible assets are comprised of internally generated and externally acquired software for internal use.
Externally acquired software is recognised and capitalised when: a) it is probable that the expected future economic benefits that are attributable to the software will flow to the Directorate; b) the cost of the software can be measured reliably; and c) the acquisition cost is equal to or exceeds $50,000 (ex GST).
Internally generated software is recognised when it meets the general recognition criteria outlined above and where it also meets the specific recognition criteria relating to intangible assets arising from the development phase of an internal project.
Capitalised software has a finite useful life. Software is amortised on a straight-line basis over its useful life, from four to ten years. Intangible assets are measured at cost.
2.20 Depreciation and Amortisation of Non-Current Assets
Non-current assets, with a limited useful life, are systematically depreciated/amortised over their useful lives in a manner that reflects the consumption of their service potential. The useful life commences when an asset is ready for use. When an asset is revalued, it is depreciated/amortised over its newly assessed remaining useful life. Amortisation is used in relation to intangible assets and depreciation is applied to physical assets such as buildings, plant and equipment. Land has an unlimited useful life and is therefore not depreciated.
Leasehold improvements and motor vehicles under a finance lease are depreciated over the estimated useful life of each asset, or the unexpired period of the relevant lease, whichever is shorter. Depreciation under vehicle finance leases discontinued from 23 April 2015 as part of the change in whole-of-government car leasing arrangement with SG Fleet.
All depreciation is calculated after first deducting any residual value which remain for each asset.
Depreciation/amortisation for non-current assets is determined as follows:
Class of Asset Depreciation/Amortisation Useful Life Method Years Buildings and Improvements Straight Line 1 - 40 Community and Heritage Assets Straight Line 13 Leasehold Improvements Straight Line 1 - 14 Plant and Equipment Straight Line 3 - 50 Motor Vehicles Straight Line 5 - 18 Externally Purchased Intangibles Straight Line 4 - 8 Internally Generated Intangibles Straight Line 4 - 5
The useful lives of all major assets held are reassessed on an annual basis.
103 Justice and Community Safety Directorate Annual Report 2014-15 187 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.21 Payables
Payables are a financial liability and are initially recognised at fair value based on the transaction cost and, subsequent to initial recognition, at amortised cost, with any adjustments to the carrying amount being recorded in the Operating Statement. All amounts are normally settled within 30 days after the invoice date.
Payables include Trade Payables, Accrued Expenses and Other Payables.
Trade Payables represent the amounts owing for goods and services received prior to the end of the reporting period and unpaid at the end of the reporting period and relating to normal operations of the Directorate.
Accrued Expenses represent goods and services provided by other parties during the period that are unpaid at the end of the reporting period and where an invoice has not been received by period end.
Other Payables are those unpaid invoices that do not directly relate to the normal operations of the Directorate.
2.22 Leases
The Directorate has entered into finance and operating leases.
Finance Leases
Finance leases effectively transfer to the Directorate substantially all the risks and rewards incidental to ownership of the assets under a finance lease. The title may or may not eventually be transferred. Finance leases are initially recognised as an asset and a liability at the lower of the fair value of the asset and the present value of the minimum lease payments each being determined at the inception of the lease. The discount rate used to calculate the present value of the minimum lease payments is the interest rate implicit in the lease. Assets under finance lease are depreciated over the shorter of the asset's useful life and lease term. Assets under a finance lease are depreciated on a straight-line basis. The depreciation is calculated after first deducting any residual values which remain for each leased asset. Each lease payment is allocated between interest expense and the reduction of the lease liability. Lease liabilities are classified as current and non-current.
Operating Leases
Operating leases do not effectively transfer to the Directorate substantially all the risks and rewards incidental to ownership of the asset under an operating lease. Operating lease payments are recorded as an expense in the Operating Statement on a straight-line basis over the term of the lease.
As a result of the change in the whole-of-government car leasing arrangement with SG Fleet on 23 April 2015, the Directorate no longer holds vehicle finance leases as at 30 June 2015. All such leases are classified as operating lease from 23 April 2015.
188 Justice and Community Safety Directorate Annual Report 2014-15 104 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.23 Employee Benefits
Employee benefits include:
short-term employee benefits such as wages and salaries, annual leave loading, and applicable on-costs, if expected to be settled wholly before twelve months after the end of the annual reporting period in which the employees render the services; other long-term benefits such as long service leave and annual leave; and termination benefits.
On-costs include annual leave, long service leave, superannuation and other costs that are incurred when employees take C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. annual leave and long service leave.
Wages and Salaries
Accrued wages and salaries are measured at the amount that remains unpaid to employees at the end of the reporting period.
Annual and Long Service Leave
Annual and Long service leave including applicable on-costs that are not expected to be wholly settled before twelve months after the end of the reporting period when the employees render the related service are measured at the present value of estimated future payments to be made in respect of services provided by employees up to the end of the reporting period. Consideration is given to the future wage and salary levels, experience of employee departures and periods of service. At the end of each reporting period end, the present value of future annual leave and long service leave payments is estimated using market yields on Commonwealth Government bonds with terms to maturity that match, as closely as possible, the estimated future cash flows.
Annual leave liabilities have been estimated on the assumption that they will be wholly settled within three years. In 2014-15 the rate used to estimate the present value of future payments is 101.0% (100.9% in 2013-14).
In 2014-15, the rate used to estimate the present value of long service leave is 104.2% (103.5% in 2013-14).
The long service leave liability is estimated with reference to the minimum period of qualifying service. For employees with less than the required minimum period of seven years of qualifying service, the probability that employees will reach the required minimum period has been taken into account in estimating the provision for long service leave and applicable on-costs.
The provision for annual leave and long service leave includes estimated on-costs. As these on-costs only become payable if the employee takes annual and long service leave while in service, a probability that employees will take annual and long service leave while in service has been taken into account in estimating the liability for on-cost.
The significant judgements and assumptions included in the estimation of annual and long service leave liabilities include an assessment by an actuary. The Australian Government Actuary performed this assessment in May 2014. The assessment by an actuary is performed every five years. However it may be performed more frequently if there is a significant contextual change in the parameters underlying the 2014 report. The next actuarial review is expected to be undertaken by May 2019. Further information about this estimate is provided in Note 2.28 Significant Accounting Judgements and Estimates.
Annual leave and long service leave liabilities are classified as current liabilities in the Balance Sheet where there are no unconditional rights to defer the settlement of the liability for at least 12 months. Conditional long service leave liabilities are classified as non-current because the Directorate has an unconditional right to defer the settlement of the liability until the employee has completed the requisite years of service.
105 Justice and Community Safety Directorate Annual Report 2014-15 189 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.24 Superannuation
The Directorate receives funding for superannuation payments as part of the Government Payment for Outputs. The Directorate then makes payments on a fortnightly basis to the Territory Banking Account to cover the Directorate's superannuation liability for the Commonwealth Superannuation Scheme (CSS) and the Public Sector Superannuation Scheme (PSS). This payment covers the CSS and PSS employer contribution but does not include the productivity component. The productivity component is paid directly to ComSuper by the Directorate. The CSS and PSS are defined benefit superannuation plans meaning that the defined benefits received by employees are based on the employee's years of service and average final salary.
Superannuation payments have also been made directly to superannuation funds for those members of the Public Sector who are part of superannuation accumulation schemes. This includes the Public Sector Superannuation Scheme Accumulation Plan (PSSAP) and schemes of employee choice.
Superannuation employer contribution payments for the CSS and PSS are calculated, by taking the salary level at an employee's anniversary date and multiplying it by the actuarially assessed nominal CSS and PSS employer contribution rate for each employee. The productivity component payments are calculated by taking the salary level, at an employee's anniversary date, and multiplying it by the employer contribution rate (approximately 3%) for each employee.
Superannuation payments for the PSSAP are calculated by taking the salary level, at the employee's anniversary date, and multiplying it by the appropriate employer contribution rate. Superannuation payments for fund of choice arrangements are calculated by taking an employee's salary each pay and multiplying it by the appropriate employer contribution rate.
The Superannuation Provision Account recognises the total Territory superannuation liability for the CSS and PSS, and ComSuper is recognised in the Chief Minister, Treasury and Economic Development Directorate’s Superannuation Provision Account and the external schemes recognise the superannuation liability for the PSSAP and other schemes respectively. This superannuation liability is not recognised at individual agency level.
The ACT Government is liable for the reimbursement of the emerging costs of benefits paid each year to members of the CSS and PSS in respect of the ACT Government service provided after 1 July 1989. These reimbursement payments are made from the Superannuation Provision Account.
2.25 Equity Contributed by the ACT Government
Contributions made by the ACT Government, through its role as owner of the Directorate are treated as contributions of equity.
Increases or decreases in net assets as a result of administrative restructures are also recognised in equity.
2.26 Insurance
Major risks are insured through the ACT Insurance Authority. The excess payable, under this arrangement, varies depending on each class of insurance held.
2.27 Budgetary Reporting
Explanations of major variances between the 2014-15 original budget and the 30 June 2015 actual results are discussed in Note 43 - Budgetary Reporting and 71 - Budgetary Reporting – Territorial.
The definition of ‘major variances’ is provided in Note 2.28 Significant Accounting Judgements and Estimates - Budgetary Reporting.
Original budget refers to the original budgeted financial statements presented to the Legislative Assembly in a form that is consistent with the agency’s annual financial statements. The 2014-15 budget numbers have not been audited. Budgetary reporting is disclosed for both controlled and territorial financial statements with the exception of Statement of Changes in Equity as relevant line items are included in other financial statements.
190 Justice and Community Safety Directorate Annual Report 2014-15 106 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.28 Significant Accounting Judgements and Estimates
In the process of applying the accounting policies listed in this note, the Directorate has made the following judgements and estimates that have the most significant impact on the amounts recorded in the financial statements:
Fair Value of Assets: Land, buildings and improvements, leasehold improvements and community and heritage assets have been recorded at the fair value as determined by an independent valuer. Fair value is generally measured using market based evidence available for that asset (or a similar asset), as the price represents the best evidence of the asset's fair value. Where the market price of an asset cannot be reliably determined using market-based evidence, depreciated replacement cost is used as fair value. C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Estimation of the Useful Lives of Property, Plant and Equipment (PPE): The Directorate has made an estimate in determining the useful lives of its PPE on an annual basis. The estimation of useful lives of PPE has been based on the historical experience of similar assets and in some cases has been based on valuations provided by officers of the Directorate or independent valuation. Further disclosure concerning an asset’s useful life can be found at Note 2.20 - Depreciation and Amortisation of Non-Current Assets.
Employee Benefits: Significant judgements have been applied in estimating the liability for employee benefits. The estimated liability for annual and long service leave requires consideration of the future wage and salary levels, probability that leave will be taken in service and periods of service. The estimate also includes an assessment of the probability that employees will meet the minimum service period required to qualify for long service leave and that on-costs will become payable. Further information on this estimate is provided in Note 2.23 - Employee Benefits.
Impairment of Assets: The Directorate has made an estimate regarding its impairment of major assets by undertaking a process of reviewing likely impairment factors. Business Units across the Directorate were required to make an assessment of any indication of impairment by completing the impairment checklist. Any impairments identified through this process have been included in the financial statements and are outlined in Note 24 - Property, Plant and Equipment and Note 25 - Intangible Assets.
Allowance for Impairment losses: The Directorate has made allowance for impairment losses associated with trade and other receivables both in the Controlled and Territorial Financial Statements, based on objective evidence and review of overdue balances. Further disclosure concerning the allowance for impairment losses associated with receivables is provided in Note 2.14 - Receivables.
Budgetary Reporting: Significant judgements have been applied in determining what variances are considered as ‘major variances’ requiring explanations in Note 43 - Budgetary Reporting and 71 - Budgetary Reporting – Territorial. Variances are considered to be major variances if both of the following criteria are met: The line item is a significant line item: the line item actual amount accounts for more than 10% of the relevant associated category (Income, Expenses and Equity totals) or sub-element (e.g. Current Liabilities and Receipts from Operating Activities totals) of the financial statements; and The variances (original budget to actual) are greater than plus (+) or minus (-) 10% for the budget for the financial statement line item. Further information on this is provided in Note 2.27 - Budgetary Reporting
Provision for Make Good: The Directorate recognised a provision for make good in the 2014-15 Financial Statements. The obligation to dismantle remove and restore items of leasehold improvements to their original condition at the conclusion of the lease is often referred to as 'make good'. The initial estimate of the future cost of making good leasehold improvements form part of the cost of the asset and is therefore required to be capitalised, depreciated and revalued in accordance with Directorate's asset policies. Refer to note 31 – Other Provisions.
Other Provisions: The Directorate has made provision for the removal of decommissioned fuel tanks located on Emergency Services Agency sites. This provision is the estimated cost of removal of the tanks and soil testing. The soil testing may identify contamination of the site that will require further remediation. This potential further remediation work is not included in the provision recognised. The cost associated with further remediation is not able to be determined as at 30 June 2015 as it is subject to the outcome of soil testing that occurs post tanks removal. Refer to Note 31 – Other Provisions.
107 Justice and Community Safety Directorate Annual Report 2014-15 191 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.28 Significant Accounting Judgements and Estimates - Continued
Contingent Liabilities: The Directorate has made a significant judgement in disclosing the contingent liabilities amount based on an estimation provided by the ACT Government Solicitor. The ACT Government Solicitor's estimation of contingent liability is an estimate of the Territory's likely liability for legal claims against the Directorate.
Trusts and Third Party Monies: The Directorate has made a judgement in relation to Australian Accounting Standard Board 10 (AASB 10) - Consolidated Financial Statements. Appendix E to AASB 10 was issued through AASB 2013-8 Amendments to Australian Accounting Standards – Australian Implementation Guidance for Not-for-Profit Entities – Control and Structured Entities for application to reporting periods on or after 1 January 2014 (the 2014-15 reporting year) for ‘not-for- profit’ entities. The government sector, including the Directorate, is considered a ‘not-for-profit’ entity. This standard and the new appendix provide a revised definition of ‘control’ for ‘investors’ and ‘investees’. In the context of AASB 10, the terms ‘investor’ and ‘investee’ are used to express a relationship where one entity controls the other.
The trusts and third-party monies the Directorate administers have been assessed under the requirements of Appendix E of AASB 10. While the standard and the appendix refer to trusts, it does not refer specifically to third-party monies. However, the Directorate assessed both categories as it is obliged to treat third party monies as trust monies due to the characterisation of these funds being held on behalf of another as set out in the Financial Management Act 1996 (FMA). Trusts and third-party monies administered within the Directorate are not currently reported comprehensively or consolidated within the Directorate’s financial statements. These funds are currently reported as a note to the financial statements (refer Note 40 – Third Party Monies). The Directorate assessed that no change to the Directorate’s financial statement reporting was required.
2.29 Taxation
The Directorate is liable for Goods and Services Tax (GST) and Fringe Benefits Tax (FBT).
2.30 Impact of Accounting Standards Issued but yet to be Applied
The following new and revised accounting standards and interpretations have been issued by the Australian Accounting Standards Board but do not apply to the current reporting period. These standards and interpretations are applicable to future reporting periods. The Directorate does not intend to adopt these standards and interpretations early. Where applicable, these Australian Accounting Standards will be adopted from their application date.
AASB 9 Financial Instruments (December 2014) (application date 1 Jan 2018); This standard supersedes AASB 139 Financial Instruments: Recognition and Measurement. The main impact of AASB 9 is that it will change the classification, measurement and disclosures of the Directorate’s financial assets. No material financial impact on the Directorate is expected. AASB 15 Revenue from Contracts with Customers (application date 1 Jan 2017); AASB 15 is the new standard for revenue recognition. It establishes a comprehensive framework for determining whether, how much and when revenue is recognised. It replaces AASB 111 Construction Contracts and AASB 118 Revenue. The Directorate is currently assessing the impact of this standard and has identified there could be a potential impact on the timing of the recognition of revenue for user charges. At this stage the Directorate is not able to estimate the impact of this new standard on its financial statements. The Directorate will make a more detailed assessment of the impact over the next 12 months. AASB 2014-4 Amendments to Australian Accounting Standards – Clarification of Acceptable Method of Depreciation and Amortisation [AASB 116 and 138] (application date 1 Jan 2016); This standard introduces a rebuttable presumption that the use of revenue-based amortisation for intangible assets is inappropriate and clarifies that revenue-based depreciation for property, plant and equipment cannot be used. The adoption of this standard has no financial impact for the Directorate as depreciation and amortisation are not based on the generation of revenue; they are based on the consumption of future economic benefits.
192 Justice and Community Safety Directorate Annual Report 2014-15 108 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2.30 Impact of Accounting Standards Issued but yet to be Applied – Continued
AASB 2014-5 Amendments to Australian Accounting Standards arising from AASB 15 [AASB 1, 3, 4, 9 (December 2009) (December 2010), 101, 102, 112, 116, 132, 134, 137, 138, 139, 140, 1023, 1038, 1039, 1049, 1053, 1056, Interpretation 12, 127, 132, 1031, 1038 and 1052] (application date 1 Jan 2017); This standard makes consequential amendments to a number of standards and interpretations as a result of the issuing of AASB 15. The Directorate is assessing the potential impact of AASB 15.
C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
NOTE 3. CHANGE IN ACCOUNTING POLICY AND ACCOUNTING ESTIMATES The Directorate had no changes in accounting policy and accounting estimates during the reporting period.
109 Justice and Community Safety Directorate Annual Report 2014-15 193 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 4. GOVERNMENT PAYMENT FOR OUTPUTS
Government Payment for Outputs (GPO) is revenue received from the ACT Government to fund the costs of delivering outputs. The ACT Government pays GPO appropriation on a fortnightly basis. 2015 2014 $’000 $’000 Revenue from the ACT Government Government Payment for Outputs 253,622 271,712 Total Government Payment for Outputs a 253,622 271,712
a) Decrease in Government Payment for Outputs from 2014 of $18m is mainly due to transfer of Office of Regulatory Services (ORS) functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) following Administrative (AA) changes from 15 December 2014 ($22.2m), transfer of funding to ACT Electoral Commission ($2.2m), offset by net initiative funding ($5m), and indexation and other net adjustments.
NOTE 5. USER CHARGES
User charges revenue is derived by providing goods and services to other ACT Government agencies and to the public. User charges revenue is not part of ACT Government appropriation and is paid by the user of the goods or services. This revenue is driven by consumer demand and is commercial in nature.
User Charges - ACT Government Professional Services a 6,381 4,331 Other b 450 296 Total User Charges - ACT Government 6,831 4,627
User Charges - Non-ACT Government Security Licences 338 336 Workers' Compensation Levy 629 619 Professional Services 169 268 Ambulance Transport Fees b 4,335 4,369 False Alarm/Fire Alarm Monitoring Fees c 3,361 1,993 Facilities Fees b 559 559 Ambulance Transport Fees for Department of Veterans' Affairs Patients d 1,116 720 Outside Café Permits 430 461 Fire Safety Certifier Fees b 167 164 Other b, e 805 1,021 Total User Charges - Non-ACT Government 11,909 10,510 Total User Charges for Goods and Services 18,740 15,137
a) The increase of $2.0m from 2014 predominately relates to higher ACT Government Solicitor professional services revenue. b) Reclassifications of ACT Government users charges from Non-ACT Government category ($0.1m) to appropriately reflect the right category of users charges in 2013-14. c) The increase of $1.4m from 2014 predominately relates to approved increase in false alarm fees to align with other jurisdictions particularly, New South Wales. d) The increase of $0.4m from 2014 mainly relates to 2013-14 fourth quarter revenue being recognised in 2014-15. e) The decrease of $0.2m mainly relates to part-year impact of Office of Regulatory Services functions transfer following the Administrative Arrangement changes from 15 December 2014 and lower courts related other revenue.
194 Justice and Community Safety Directorate Annual Report 2014-15 110 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 6. INTEREST
2015 2014 Revenue from Non-ACT Government Entities $’000 $’000 Other Interest Revenue 8 6 Total Interest Revenue from Non - ACT Government Entities 8 6 Total Interest Revenue a 8 6
Total Interest Revenue from financial assets not at fair value through profit and loss 8 6 REPORTING MANAGEMENT FINANCIAL C. a) Interest earned relates to the Magistrates Court trust fund.
NOTE 7. RESOURCES RECEIVED AND PROVIDED FREE OF CHARGE
Resources received free of charge relate to goods and/or services being provided free of charge by other agencies within the ACT Government. Goods and services received free of charge from entities external to the ACT Government are classified as donations. Donations are show in Note 9 Other Gains.
Resources Received Free of Charge
Received From Service Provided Australian Federal Police Police Checks - Jury Panellists 283 243 Federal Court of Australia Visiting Judges and Staff 194 192
Chief Minister, Treasury and Economic Development Directorate Land Title Searches 44 - Total Resources Received Free of Charge 521 435
Resources Provided Free of Charge Provided To Service Provided Territory and Municipal Services Directorate Legal Services 419 482 Legislative Drafting Services 220 78 Access to Territory Radio Network 345 210 Provision of Territory Radio Network 42 23 Land Title Searches a - 29 Total 1,026 822
Health Directorate Legal Services 1,071 1,222 Legislative Drafting Services 282 302 Access to Territory Radio Network 10 3 Total 1,363 1,527
111 Justice and Community Safety Directorate Annual Report 2014-15 195 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 7. RESOURCES RECEIVED AND PROVIDED FREE OF CHARGE - CONTINUED
Resources Provided Free of Charge - Continued 2015 2014 $’000 $’000 Provided To Service Provided Education and Training Directorate Legal Services 533 462 Legislative Drafting Services 79 53 Total 612 515
Office of the Legislative Assembly Legal Services 14 7 Legislative Drafting Services 106 157 Total 120 164
Australian Federal Police Land Title Searches a 7 7 Instrument Searches a 1 - Births, Deaths and Marriages a 21 28 Provision of Territory Radio Network 6 3 Total 35 38
Chief Minister, Treasury and Economic Development Directorate b Legal Services 2,098 1,825 Legislative Drafting Services 1,337 972 Births, Deaths and Marriages a 1 2 Registration of Documents fee legislated a 2 - Land Title Searches a 41 208 Land Title Lodgements a 144 3 Access to Territory Radio Network 57 - Total 3,680 3,010
Community Services Directorate Legal Services 1,041 817 Legislative Drafting Services 74 65 Land Title Searches a 4 7 Total 1,119 889
Australian Taxation Office Land Title Searches a 1 2 Various - Community Based Periodic Detention - 67 Community Service Orders - 718 Total - 785
196 Justice and Community Safety Directorate Annual Report 2014-15 112 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 7. RESOURCES RECEIVED AND PROVIDED FREE OF CHARGE - CONTINUED
Resources Provided Free of Charge - Continued 2015 2014 $’000 $’000 Provided To Service Provided Environment and Planning Directorate Legal Services 522 794 Legislative Drafting Services 652 748
Land Title Searches a 506 114 REPORTING MANAGEMENT FINANCIAL C. Total 1,680 1,656
Cultural Facilities Corporation Legal Services 58 30
Canberra Institute of Technology Legal Services 88 47
ACT Gambling and Racing Commission Legal Services 78 31
Land Development Agency Land Title Searches a 7 -
Independent Competition and Regulatory Commission (ICRC) Legal Services 7 -
ACT Executive Legal Services 349 370 Legislative Drafting Services 78 - Total 427 370
ACT Audit Office Legal Services 63 30
Human Services Births, Deaths and Marriages - 1
113 Justice and Community Safety Directorate Annual Report 2014-15 197 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 7. RESOURCES RECEIVED AND PROVIDED FREE OF CHARGE - CONTINUED
Resources Provided Free of Charge - Continued 2015 2014 Provided To Service Provided $’000 $’000 Australian Red Cross Births, Deaths and Marriages a 4 19
Standing Council on Law and Justice Legislative Drafting Services 1 18
Office of the Commissioner for Sustainability and the Environment Legal Services - 2
Public Trustee for the ACT Land Title Searches a 16 - Attorney-General's Department Births, Deaths and Marriages - 1
Department of Defence Access to Territory Radio Network 10 6 Various Individuals Access to Territory Radio Network 5 - Land Title Searches a 5 - Total 10 -
University of Canberra Legal Services 2 -
Vet Board Legal Services 17 -
Defence Logistics Agency Publishing System Land Title Lodgements a 13 -
Snowy South Care Helicopter Access to Territory Radio Network 2 -
New South Wales Fire and Rescue Services Access to Territory Radio Network 4 -
St John Ambulance Access to Territory Radio Network 5 -
198 Justice and Community Safety Directorate Annual Report 2014-15 114 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 7. RESOURCES RECEIVED AND PROVIDED FREE OF CHARGE - CONTINUED
Resources Provided Free of Charge - Continued 2015 2014 Provided To Service Provided $’000 $’000 Passports Births, Deaths and Marriages - 2
NSW Birth and Deaths and Marriages
Births, Deaths and Marriages - 3 REPORTING MANAGEMENT FINANCIAL C.
Australian Bureau of Statistics Land Title Searches - 1
ACT Heritage Council Land Title Searches - 1
Goodman Law Land Title Lodgements - 1
ACTION Legal Services 29 8 Provision of Territory Radio Network 380 380 Total 409 388
Capital Metro Agency Legal Services 364 147
ACT Long Service Leave Authority Legal Services - 27
ACT Teacher Quality Institute Legal Services 40 20
Department of Foreign Affairs and Trade Provision of Territory Radio Network 6 6 Total Resources Provided Free of Charge 11,267 10,559 a) Services provided free of charge by the Office of Regulatory Services to various agencies, organisations and individuals prior to the transfer of functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) following the Administrative Arrangement (AA) changes from 15 December 2014. b) The following agencies, or functions within agencies, were transferred to CMTEDD as part of this AA changes during 2014-15; - Economic Development Directorate; - Commerce and Works Directorate; - Office of Regulatory Services of Justice and Community Safety Directorate; and - Canberra Connect of Territory and Municipal Services Directorate. 2014 has been restated to reflect these transfers for comparative purposes.
115 Justice and Community Safety Directorate Annual Report 2014-15 199 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 8. OTHER REVENUE
Other Revenue arises from the core activities of the Directorate. Other Revenue is distinct from Other Gains, as Other Gains are items that are not part of the core activities of the Directorate. 2015 2014 $’000 $’000 General Grants including Grants from the Commonwealth a 757 1,266 Insurance Recoveries from the ACT Insurance Authority b 982 1,936 Trust Recoveries/Reimbursements a 6,777 7,767 Other Revenue 3,232 2,891 Total Other Revenue 11,748 13,860
a) The decrease of $1.5m from 2014 mainly relates to part-year impact of grants and trust recoveries funding for the Office of Regulatory Services functions which transferred to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following the Administrative Arrangement changes from 15 December 2014. The decrease in grants are also due to lower level of grants funding for Emergency Services Agency and Security and Emergency Management Branch. b) The decrease of $1m mainly relates to higher one-off insurance recoveries in 2014 for Corrective Services and Emergency Services Agency.
NOTE 9. OTHER GAINS Other gains are transactions that are not part of the Directorate’s core activities. Other gains are distinct from other revenue, as other revenue arises from the core activities of the Directorate.
Other Gains a 1,338 1,114 Gain from De-recognition of Finance Lease Liability b 2,506 - Total Other Gains a 3,844 1,114
a) The $1.3m Other Gains in 2015 predominately relates to the transfer of the Snowy Hydro Southcare Training and Administration Centre building from Southcare Helicopter Fund Pty Ltd to the Directorate ($1.180m). b) The increase of $2.5m is mainly due to the change in the whole-of-government car leasing arrangements with SG Fleet from finance leases to operating leases.
200 Justice and Community Safety Directorate Annual Report 2014-15 116 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 10. EMPLOYEE EXPENSES
2015 2014 $’000 $’000 Wages and Salaries a 162,450 168,275 Annual Leave b 2,346 323 Long Service Leave c 4,288 2,752 Workers' Compensation Insurance Premium 14,892 12,465 Other Employee Benefits and On-Costs 534 725
Total Employee Expenses 184,510 184,540 REPORTING MANAGEMENT FINANCIAL C. a) The decrease of $5.8m from 2014 primarily relates to transfer of functions following Administrative Arrangement (AA) changes for the Office of Regulatory Services (ORS) from 15 December 2014 ($11.7m) and ACT Electoral Commission from 1 July 2014 ($0.9m); partially offset by net movements in budget initiatives ($3.7m); and wages increases and back payment ($3.4m) mainly for Corrections and Emergency Services Agency. b) The increase of $2.0m from 2014 is mainly due to flow-on impact of wages increases, staffing from new initiatives and increase in leave entitlement, partially offset by the transfer of ORS functions following AA changes. c) The increase of $1.5m from 2014 predominately relates to change in long service leave calculation.
NOTE 11. SUPERANNUATION EXPENSES
Superannuation Contributions to the Territory Banking Account 13,380 15,096 Productivity Benefit 1,759 2,064 Superannuation Payment to ComSuper (for the PSSAP) 641 755 Superannuation to External Providers 7,658 7,551 Total Superannuation Expenses a 23,438 25,466 a) The decrease of $2.0m from 2014 predominately relates to transfer of functions following Administrative Arrangement changes for the Office of Regulatory Services from 15 December 2014 ($1.8m) and Elections ACT from 1 July 2014 ($0.2m).
117 Justice and Community Safety Directorate Annual Report 2014-15 201 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 12. SUPPLIES AND SERVICES
2015 2014 $’000 $’000 Repairs and Maintenance and Security 6,037 7,043 Transport and Vehicle Lease 1,777 1,957 Computing, Information Technology and Telecommunications 17,578 19,784 Accommodation, Rent, Hire and Utilities 17,715 17,810 Travel and Related Accommodation 664 777 Legal, Jurors, Court and other Professional Services b 3,374 6,596 Insurance 2,347 2,444 Medical and Operational 3,548 3,753 Contractors and Consultants 2,838 3,408 Advertising, Marketing and Promotion 602 852 Service Agreements 5,511 7,055 Office Supplies, Printing and Stationary 2,113 3,257 Library, Subscriptions and Memberships 1,163 1,369 Protective Clothing, Uniforms, Minor Equipment and Consumables 2,555 2,207 Training and Recruitment 1,867 1,702 Other Expenses 3,090 3,911 Total Supplies and Services a 72,779 83,925
a) The decrease of $11.1m from 2014 predominately relates to transfer of functions following Administrative Arrangement changes for the Office of Regulatory Services from 15 December 2014 ($8.2m) and Elections ACT from 1 July 2014 ($0.9m). b) The decrease of $3.2m from 2014 is mainly due to lower legal costs associated with the Eastman Inquiry.
202 Justice and Community Safety Directorate Annual Report 2014-15 118 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 13. DEPRECIATION AND AMORTISATION
Depreciation 2015 2014 $’000 $’000 Buildings 8,137 7,997 Plant and Equipmenta 5,152 6,633 Leasehold Improvements 2,300 2,654 Assets under Finance Leaseb 521 781 Community and Heritage Assets 52 38
Total Depreciation 16,162 18,103 REPORTING MANAGEMENT FINANCIAL C.
Amortisation Intangible Assetsc 887 2,072 Total Amortisation 887 2,072 Total Depreciation and Amortisation 17,049 20,175 a) Decrease of $1.4m is largely due to part year impact for Office of Regulatory Services (ORS) assets transferred to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) following Administrative (AA) changes from 15 December 2014, nil depreciation in 2015 for assets transferred to ACT Electoral Commission following AA changes from 1 July 2014, re-assessment of the useful life of Closed Circuit Television assets and fully depreciated Alexander Maconochie Centre and Courts assets resulting in lower depreciation. b) Decrease from 2014 is mainly due to part year impact for ORS leased vehicles transferred to Access Canberra from 15 December 2014 and a change in the whole of government car leasing arrangements with SG Fleet on 23 April 2015. All such leases for the Directorate are classified as operating leases rather than finance leases from 23 April 2015. c) Decrease of $1.2m is largely due to part year impact for ORS assets transferred to Access Canberra from 15 December 2014 and nil depreciation in 2015 for assets transferred to the ACT Electoral Commission following AA changes from 1 July 2014.
NOTE 14. BORROWING COSTS
a Finance Charges on Finance Leases 122 205 Finance Cost on Make Good b (13) 1 Total Borrowing Costs 109 206 a) The decrease of $0.08m is mainly due to the Administrative Arrangement transfer of the Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate from 15 December 2014; and the change in car leasing arrangements from finance leases to operating leases from 23 April 2015. b) The decrease of $0.01m from 2014 mainly relates to lower indexation rate used to estimate future make good liability.
119 Justice and Community Safety Directorate Annual Report 2014-15 203 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 15. GRANTS AND PURCHASED SERVICES
Grants are amounts provided to ACT Government agencies and non-ACT Government agencies for general assistance or for a particular purpose. Grants may be for capital, current or recurrent purposes and the name or category reflects the use of the grant. The grants given are usually subject to terms and conditions set out in the contract, correspondence, or by legislation. Purchased services are amounts paid to obtain services from other ACT Government agencies and external parties.
2015 2014 $’000 $’000 Grants and Purchased Services a 3,112 2,196 Total Grants and Purchased Services 3,112 2,196
a) The increase of $0.9m from 2014 is mainly due to higher expenses associated with National Disaster Resilience Program.
NOTE 16. OTHER EXPENSES
Impairment of Assets a 1,622 1,354 Losses from the Sale of Assets/Write-down in Assets 161 95 Losses from Contributed Assets b 2,070 - Loss on de-recognition of Motor Vehicles under a Finance Lease c 2,618 - Total Other Expenses 6,471 1,449
a) The increase of $0.3m from 2014 mainly relates to the write-off of aged fire safety and false fire alarm fee receivables. b) The increase from 2014 of $2.1m relates to the loss on transfer of the old Charnwood Fire Station land ($0.2m) and the old Belconnen Remand Centre land ($1.9m) assets to the Land Development Agency. c) The increase of $2.6m from 2014 mainly relates to changes to the whole-of-government leasing arrangements with SG Fleet, the result of which was that such leases were classified as operating leases rather than finance leases from 23 April 2015.
204 Justice and Community Safety Directorate Annual Report 2014-15 120 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 17. WAIVERS, IMPAIRMENT LOSSES AND WRITE-OFFS
Under section 131 of the Financial Management Act 1996 the Treasurer may, in writing, waive the right to payment of an amount payable to the Territory. According to the Court Procedure Act 2004 Section 15 (2) (b), Courts can make orders to waive payment of debts owing to the Directorate from third parties. A waiver is the relinquishment of a legal claim to a debt. The write-off of a debt is the accounting action taken to remove a debt from the books, but does not relinquish the legal right of the Directorate to recover the amount. The write-off of debts may occur for reasons other than waivers. The waivers, impairment losses and write-offs listed below have occurred during the reporting period for the Directorate. REPORTING MANAGEMENT FINANCIAL C.
No. 2015 No. 2014 No. $’000 No. $’000 Waivers Waivers 225 58 546 92 Total Waivers a 225 58 546 92 Impairment Losses Impairment Losses from Receivables Trade Receivables 3,019 1,390 2,943 1,129 Total Impairment Losses from Receivables 3,019 1,390 2,943 1,129 Total Impairment Losses b 3,019 1,390 2,943 1,129
Write-Offs Asset Write-offs 6 90 3 51 Irrecoverable Debts 2,576 2,051 2,182 1,657 Losses or Deficiencies in Public Monies - - 4 1 Total Write-Offs c 2,582 2,141 2,189 1,709 Total Waivers, Impairment Losses and Write-Offs 5,826 3,589 5,678 2,930
a) Waivers relate to Magistrate Court Transcript fees and ACT Civil and Administrative Tribunal fees. b) The increase of $0.3m from 2014 relates mainly to impaired ambulance trade receivables. c) The increase of $0.4m from 2014 relates mainly to write-offs of aged fire safety and false fire alarm fee receivables.
NOTE 18. ACT OF GRACE PAYMENTS
There were no Act of Grace payments made during the 2014-15 and 2013-14 reporting periods pursuant to Section 130 of the Financial Management Act 1996.
121 Justice and Community Safety Directorate Annual Report 2014-15 205 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 19. AUDITOR’S REMUNERATION
Auditor’s remuneration consists of financial audit services provided to the Directorate by the ACT Audit Office.
2015 2014 $’000 $’000 Audit Services Audit Fees Paid or Payable to the ACT Audit Office 231 256 Total Audit Fees 231 256
No other services were provided by the ACT Audit Office.
NOTE 20. CASH AND CASH EQUIVALENTS
The Directorate holds a number of bank accounts with Westpac as part of the whole-of-government banking arrangements. The Directorate does not receive any interest on these accounts.
Cash at Bank 17,872 23,771 Road User Services (RUS) Clearing Bank Account - 2,913 Cash on Hand 37 51 Total Cash and Cash Equivalents a 17,909 26,735
a) The decrease of $8.8m predominately relates to Bank accounts and cash associated with revenue received in advance for the Office of Regulatory Services functions transfer to Chief Minister, Treasury and Economic Development Directorate following the Administrative Arrangement changes from 15 December 2014.
NOTE 21. RECEIVABLES
Current Receivables Trade Receivables 19,733 6,864 Less: Allowance for Impairment Losses (1,886) (2,487) 17,847 4,377 Goods and Services Tax (GST) Receivable 1,373 3,070 Accrued Revenue 2,056 1,652 Total Current Receivables a 21,276 9,099
a) The increase of $12.2m predominately relates to recoveries of expenses incurred on behalf of Access Canberra for post Administrative Arrangement transactions $14.6m, partially offset by lower GST receivables $1.7m.
206 Justice and Community Safety Directorate Annual Report 2014-15 122 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 21. RECEIVABLES - CONTINUED
Ageing of Receivables Not Overdue Overdue Total Less than 30 to Greater 30 Days 60 Days than 60 Days $'000 $'000 $'000 $'000 $'000 2015 Not Impaired a
Receivables 19,858 546 333 539 21,276 REPORTING MANAGEMENT FINANCIAL C. Impaired b Receivables - - - 1,886 1,886
2014 Not Impaired a Receivables 7,603 878 322 296 9,099 Impaired b Receivables - - - 2,487 2,487 a) 'Not Impaired' refers to Net Receivables (that is Gross Receivables less Impaired Receivables). b) Impaired Receivables refer to debts more than 90 days overdue. 2015 2014 Reconciliation of the Allowance for Impairment Losses $’000 $’000 Allowance for Impairment Losses at the Beginning of the Reporting Period 2,487 2,794 Additional Allowance Recognised 1,390 1,129 Reduction in Allowance from Amounts Recovered/Written Off (1,843) (1,436) Reduction in Allowance Transferred as part of Administrative Arrangement (148) - Allowance for Impairment Losses at the End of the Reporting Period 1,886 2,487
Classification of ACT Government/Non-ACT Government Receivables Receivables with ACT Government Entities Net Trade Receivables 16,347 936 Accrued Revenue 771 485 Total Receivables with ACT Government Entities 17,118 1,421 Receivables with Non-ACT Government Entities Net Trade Receivables 1,500 3,441 Accrued Revenue 1,285 1,167 Net Goods and Services Tax Receivable 1,373 3,070 Total Receivables with Non-ACT Government Entities 4,158 7,678 Total Receivables 21,276 9,099
ACT Government agencies are agencies which form part of the ACT government or which the ACT Government controls. A list of these agencies is contained in the Australian Capital Territory Government Consolidated Annual Financial Statements.
123 Justice and Community Safety Directorate Annual Report 2014-15 207 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 22. INVENTORIES
2015 2014 $’000 $’000 Current Inventories Purchased Items - Cost 1,323 1,178 Total Inventoriesa 1,323 1,178
a) Inventories are primarily Emergency Services Agency related stock items such as uniforms, medical supplies and fire and rescue consumables.
NOTE 23. ASSETS HELD FOR SALE
Plant and Equipment Held for Sale 50 165 Total Assets Held for Sale a 50 165
a) Relates to two motor vehicles under finance lease which had been returned to the fleet manager for sale prior to the cessation of all finance leases as a result of the change in whole-of-government car leasing arrangement with effect from 23 April 2015.
208 Justice and Community Safety Directorate Annual Report 2014-15 124 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 24. PROPERTY, PLANT AND EQUIPMENT
Property, plant and equipment includes the following classes of assets – land, buildings and improvements, leasehold improvements, plant and equipment, and community and heritage assets. Property, plant and equipment does not include assets held for sale or investment property. Land includes leasehold land held by the Directorate, but excludes land under infrastructure.
Buildings and improvements include both office buildings, warehouses and land improvements. Land improvements are additions to areas of land that increase the utility of the land, have a limited useful life and are depreciated e.g. parking lots
and retaining walls. REPORTING MANAGEMENT FINANCIAL C.
Leasehold improvements represent capital expenditure incurred in relation to leased assets. The Directorate has fit-outs in its leased buildings.
Plant and equipment includes specialised vehicles, mobile plant, air conditioning, heating systems, office and computer equipment, furniture and fittings, motor vehicles (including those under a finance lease), other mechanical and electronic equipment and libraries.
Community and Heritage assets are defined as those non-current assets that the ACT Government intends to preserve indefinitely because of their unique historical, cultural or environmental attributes. A common feature of community and heritage assets is that they cannot be replaced and they are not usually available for sale or for redeployment. Community and heritage assets held by the Directorate include historical buildings.
Land, and Buildings and Improvements 2015 2014 $’000 $’000 Land at Fair Value a 35,080 37,543 Total Land Assets 35,080 37,543
Buildings and Improvements at Fair Value a 213,095 212,583 Less: Accumulated Depreciation - (14,986) Total Written Down Value of Buildings and Improvements b 213,095 197,597 Total Land and Written Down Value of Buildings and Improvements 248,175 235,140
125 Justice and Community Safety Directorate Annual Report 2014-15 209 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 24. PROPERTY, PLANT AND EQUIPMENT - CONTINUED
2015 2014 $’000 $’000 Leasehold Improvements Leasehold Improvements at Fair Value a c 19,131 26,533 Less: Accumulated Depreciation - (4,900) Total Written Down Value of Leasehold Improvements 19,131 21,633 Plant and Equipment Plant and Equipment at Cost 81,372 88,793 Less: Accumulated Depreciation (52,512) (54,616) Total Written Down Value of Plant and Equipment d 28,860 34,177 Community and Heritage Assets Community and Heritage Assets at Fair Value a 2,282 2,508 Less: Accumulated Depreciation - (88) Total Written Down Value of Community and Heritage Assets 2,282 2,420 Total Written Down Value of Property, Plant and Equipment 298,448 293,370
a) The Directorate's land, buildings and improvements, leasehold Improvements, and community and heritage assets were revalued as at 30 June 2015 by Independent valuer CB Richard Ellis (CBRE). Assets within each of these classes are reported at fair value. The next valuation is scheduled in June 2018. b) The net increase of $15m is mainly due to the commissioning of Emergency Services Agency (ESA) South Tuggeranong Fire and Rescue Station and Snowy Hydro Southcare Training and Administration Centre transferred to ESA. c) The net decrease of $2.5m is mainly due to the transfer of Office of Regulatory Services (ORS) assets to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) following Administrative Arrangement (AA) changes from 15 December 2014 and the transfer of assets to the ACT Electoral Commission following AA changes from 1 July 2014. d) The net decrease of $5.3m is mainly due to the transfer of ORS assets to Access Canberra from 15 December 2014 and the transfer of assets to the ACT Electoral Commission from 1 July 2014 following AA changes ($3.4m) and reclassification of finance leases to operating following a change in the whole of government car leasing arrangements with SG Fleet on 23 April 2015 ($2.6m) offset by reclassification of Plant and Equipment ($1.9m) from Intangible Assets and capitalisation of other equipments and vehicles.
210 Justice and Community Safety Directorate Annual Report 2014-15 126 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 24. PROPERTY, PLANT AND EQUIPMENT – CONTINUED
Assets under a Finance Lease
Assets under a finance lease are included in the Plant and Equipment asset class in the above disclosure. Assets under a finance lease are also required to be separately disclosed as outlined below.
2015 2014 $’000 $’000
Carrying Amount of Assets under a Finance Lease REPORTING MANAGEMENT FINANCIAL C. Plant and Equipment under a Finance Lease 200 5,389 Less: Accumulated Depreciation of Plant and Equipment under a Finance Lease (120) (1,316) Total Written Down Value of Plant and Equipment under a Finance Lease 80 4,073 Total Written Down Value of Assets under a Finance Leasee 80 4,073 e) The decrease of $4.0m from 2014 is mainly due to a change in the whole of government car leasing arrangements with SG Fleet on 23 April 2015. All such leases for the Directorate are classified as operating leases rather than finance leases from 23 April 2015.
Valuation of Non-Current Assets
CBRE Valuations Pty Ltd (CBRE), an independent valuer, has performed recent revaluations of the Directorate’s assets. The latest valuation of land, building and improvements, leasehold improvement and community and heritage assets was performed as at 30 June 2015.
127 Justice and Community Safety Directorate Annual Report 2014-15 211 212 Justice and CommunitySafety Directorate Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 24. PROPERTY, PLANT AND EQUIPMENT - CONTINUED Reconciliation of Property, Plant and Equipment The following table shows the movement of Property, Plant and Equipment during 2014-15. Land Buildings and Leasehold Plant and Community Total Improvements Improvements Equipment and Heritage AnnualReport 2014-15 Assets $’000 $’000 $’000 $’000 $’000 $’000 Carrying Amount at the Beginning of the Reporting Period 37,543 197,597 21,633 34,177 2,420 293,370 Additions - 14,470 914 4,831 16 20,231 Disposals - (71) (181) (266) - (518) Reclassification - - - 1,863 - 1,863 Assets Transferred or Contributed (2,070) 1,180 - - - (890) Disposal through Administrative Restructuring - - (1,063) (3,454) - (4,517) Disposal due to de-recognition of Motor Vehicles under a Finance Lease - - - (2,618) - (2,618) Revaluation Increment/(Decrement) (393) 8,056 128 - (102) 7,689 Depreciation - (8,137) (2,300) (5,673) (52) (16,162) Carrying Amount at the End of the Reporting Period 35,080 213,095 19,131 28,860 2,282 298,448 Reconciliation of Property, Plant and Equipment The following table shows the movement of Property, Plant and Equipment during 2013-14. Land Buildings and Leasehold Plant and Community Total Improvements Improvements Equipment and Heritage Assets $’000 $’000 $’000 $’000 $’000 $’000 Carrying Amount at the Beginning of the Reporting Period 37,543 188,959 23,904 36,281 2,427 289,114 Additions - 16,635 383 5,333 31 22,382 Disposals - - - (1,334) - (1,334) Reclassification - - - 511 - 511 Transfers - - - 800 - 800 Depreciation - (7,997) (2,654) (7,414) (38) (18,103) Carrying Amount at the End of the Reporting Period 37,543 197,597 21,633 34,177 2,420 293,370
128 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 24. PROPERTY, PLANT AND EQUIPMENT – CONTINUED
Fair Value Hierarchy
The directorate is required to classify property, plant and equipment into a Fair Value Hierarchy that reflects the significance of the inputs used in determining their fair value. The Fair Value Hierarchy is made up of the following three levels:
Level 1 – quoted prices (unadjusted) in active markets for identical assets or liabilities that the Directorate can access at the measurement date;
Level 2 – inputs other than quoted prices included within Level 1 that are observable for the asset or liability, REPORTING MANAGEMENT FINANCIAL C. either directly or indirectly; and Level 3 – inputs that are unobservable for particular assets or liabilities.
Details of the Directorate’s property, plant and equipment at fair value and information about the Fair Value Hierarchy as at 30 June 2015 are as follows:
2015 Classification According to Fair Value Hierarchy Level 1 Level 2 Level 3 Total $’000 $’000 $’000 $’000 Property, Plant and Equipment at Fair Value Land - 35,080 - 35,080 Buildings and Improvements - - 213,095 213,095 Leasehold Improvements - - 19,131 19,131 Community and Heritage Assets - 1,864 418 2,282 - 36,944 232,644 269,588
Details of the Directorate’s property, plant and equipment at fair value and information about the Fair Value Hierarchy as at 30 June 2014 are as follows:
2014 Classification According to Fair Value Hierarchy Level 1 Level 2 Level 3 Total $’000 $’000 $’000 $’000 Property, Plant and Equipment at Fair Value Land - 37,543 - 37,543 Buildings and Improvements - - 197,597 197,597 Leasehold Improvements - - 21,633 21,633 Community and Heritage Assets - 1,864 556 2,420 - 39,407 219,786 259,193
Transfers between Categories
Reclassification of 2013-14 Community and Heritage Land from Level 3 to 2 has been undertaken to align with 2014-15 classification.
129 Justice and Community Safety Directorate Annual Report 2014-15 213 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 24. PROPERTY, PLANT AND EQUIPMENT – CONTINUED
Valuation Techniques, Inputs and Processes
Level 2 Valuation Techniques and Inputs
Valuation Technique: The valuation technique used to value land is the market approach which values a selection of land with similar approximate utility.
Inputs: Prices and other relevant information generated by market transactions involving comparable land were considered. Regard was taken of the Crown Lease terms and tenure, the Australian Capital Territory Plan and the National Capital Plan, where applicable, as well as current zoning.
Level 3 Valuation Techniques and Inputs
Valuation Technique: Buildings and improvements, leasehold improvements and community and heritage assets were considered specialised assets by the valuer and measured using the cost approach that reflects the cost to a market participant to construct assets of comparable utility adjusted for depreciation. For buildings and improvements, historical cost per square metre of floor area was also used in measuring fair value.
Inputs: In determining the value of buildings and improvements, leasehold improvements and community and heritage assets, regard was given to the age and condition of the assets, their estimated replacement cost and current use. This required the use of data internal to Justice and Community Safety Directorate.
There has been no change to the above valuation techniques during the year.
Transfers in and out of a fair value level are recognised on the date of the event or change in circumstances that caused the transfer.
214 Justice and Community Safety Directorate Annual Report 2014-15 130 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 24. PROPERTY, PLANT AND EQUIPMENT – CONTINUED
Fair Value Measurements Using Significant Unobservable Inputs (Level 3) Community Buildings and Leasehold and Heritage Improvements Improvements Assets 2015 $’000 $’000 $’000 Fair Value at the Beginning of the Reporting Period 197,597 21,633 2,420 Transfer (to Level 2) (1,864) Additions 14,470 914 16 REPORTING MANAGEMENT FINANCIAL C. Revaluation increments/(decrements) recognised in Other Comprehensive Income 8,056 128 (102) Disposal through Administrative Restructuring - (1,063) - Acquisition from Transfersa 1,180 - - Depreciation (8,137) (2,300) (52) Other Movements (71) (181) - Fair Value at the End of the Reporting Period 213,095 19,131 418
Fair Value Measurements Using Significant Unobservable Inputs (Level 3) Community Buildings and Leasehold and Heritage Improvements Improvements Assets 2014 $’000 $’000 $’000 Fair Value at the Beginning of the Reporting Period 188,959 23,904 2,427 Additions 16,635 383 31 Depreciation (7,997) (2,654) (38) Fair Value at the End of the Reporting Period 197,597 21,633 2,420
(a) There was a gain ($1.2m) on Snowy Hydro Southcare Training and Administration Centre transferred to ESA during the reporting period.
131 Justice and Community Safety Directorate Annual Report 2014-15 215 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 24. PROPERTY, PLANT AND EQUIPMENT – CONTINUED
Information about significant unobservable inputs (Level 3) in fair value measurements
Item Fair Value as at 30 June Significant Range of Unobservable Inputs Relationship of Unobservable Unobservable Inputs (Weighted Average) Inputs to Fair Value 2015 2014 2015 2014 $'000 $'000 Valuation Technique: Depreciated Replacement Cost
Consumed economic Greater consumption of 5% - 1.66% 1% - 20% per year benefit/ obsolescence economic benefit or increased per year (2.27% per year) of asset obsolescence lowers fair value Buildings and 213,095 197,597 Improvements Historical cost per $50 - $12,565 2 $86 - $15,121 2 Higher historical cost per square metre (m ) floor 2 per m per m 2 area ($3,984 per m ) square metre / per linear metre increases fair value
Historical cost $0.06m - $15.4m $0.06m - $13m
Consumed economic Greater consumption of 20% - 6.66% per 1% - 50% per year benefit/ obsolescence economic benefit or increased year (6.92% per year) Leasehold of asset obsolescence lowers fair value 19,131 21,633 Improvements Historical cost per Higher historical cost per 2 $449 - $3,350 $449 - $10,403 per square metre (m ) floor 2 2 2 square metre increases fair per m m ($3,806 per m ) area value
Consumed economic Greater consumption of 1% - 5% per year benefit/ obsolescence 1.11% economic benefit or increased (1.11% per year) Community of asset obsolescence lowers fair value and Heritage 418 2,420 Assets Historical cost per $4,000 - $6,000 Higher historical cost per 2 $2,982 2 square metre (m ) floor 2 per m square metre increases fair per m 2 area ($5,025 per m ) value
Transfers between Categories
Reclassification of 2013-14 Community and Heritage Land from Level 3 to 2 has been undertaken to align with 2014-15 classification.
216 Justice and Community Safety Directorate Annual Report 2014-15 132 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 25. INTANGIBLE ASSETS
The Directorate has internally generated software and externally purchased software. 2015 2014 $’000 $’000 Internally Generated Software Computer Software at Cost 2,044 16,843 Less: Accumulated Amortisation (1,727) (13,259) Total Internally Generated Software 317 3,584
Externally Purchased Software REPORTING MANAGEMENT FINANCIAL C. Computer Software at Cost 4,034 3,918 Less: Accumulated Amortisation (3,113) (2,614) Total Externally Purchased Software 921 1,304 Total Intangible Assets a 1,238 4,888 a) The net decrease of $3.6m is mainly due to the transfer of Office of Regulatory Services assets to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement changes from 15 December 2014 and the transfer of assets to the ACT Electoral Commission following AA changes from 1 July 2014 and reclassification of Intangible Assets to Plant and Equipment.
133 Justice and Community Safety Directorate Annual Report 2014-15 217 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 25. INTANGIBLE ASSETS - CONTINUED
Reconciliation of Intangible Assets
The following table shows the movement of each class of Intangible Assets distinguishing between internally generated and externally purchased intangibles during 2014-2015. Internally Externally Generated Purchased Software Software Total $’000 $’000 $’000 Carrying Amount at the Beginning of the Reporting Period 3,584 1,304 4,888 Additions - 114 114 Reclassification b (1,863) - (1,863) Disposal through Administrative Restructuringc (1,014) - (1,014) Amortisation (390) (497) (887) Carrying Amount at the End of the Reporting Period 317 921 1,238
b) This relates to reclassification from Intangible Assets to Plant and Equipment. c) This relates to the transfer of Office of Regulatory Services assets to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement (AA) changes from 15 December 2014 and the transfer of assets to the ACT Electoral Commission following AA changes from 1 July 2014.
Reconciliation of Intangible Assets
The following table shows the movement of each class of Intangible Assets distinguishing between internally generated and externally purchased intangibles during 2013-2014. Internally Externally Generated Purchased Software Software Total $’000 $’000 $’000 Carrying Amount at the Beginning of the Reporting Period 1,813 1,544 3,357 Additions 3,530 584 4,114 Reclassificationd (421) (90) (511) Amortisation (1,338) (734) (2,072) Carrying Amount at the End of the Reporting Period 3,584 1,304 4,888
d) This relates to reclassification from Intangible Assets to Plant and Equipment ($0.5m) and reclassification between internally generated and externally purchased software.
218 Justice and Community Safety Directorate Annual Report 2014-15 134 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 26. CAPITAL WORKS IN PROGRESS
Capital Works In Progress are assets being constructed over periods of time in excess of the present reporting period. These assets often require extensive installation work or integration with other assets, and contrast with simpler assets that are ready for use when acquired, such as motor vehicles and equipment. Capital Works in Progress are not depreciated as the Directorate is not currently deriving any economic benefit from them.
Assets which are under construction include buildings and improvements, plant and equipment, leasehold improvements and computer software.
2015 2014 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. $’000 $’000 Buildings and Improvements a 37,393 12,247 Leasehold Improvements b 162 542 Plant and Equipment c 3,413 3,752 Computer Software d 6,284 5,354 Total Capital Works in Progress 47,252 21,895 a) Increase of $25m is mainly due to the increased work in progress associated with Alexander Maconochie Centre (AMC) additional facilities and Aranda Ambulance and Fire and Rescue Station. b) Decrease of $0.4m is mainly due to capitalisation of video conferencing upgrades to the Magistrates Court and other upgrades to various leasehold premises. c) Decrease of $0.3m is mainly due to the transfer of Office of Regulatory Services (ORS) capital projects to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) following Administrative Arrangement (AA) changes from 15 December 2014 ($1.9m); partially offset by AMC – Electronic Security System works in progress ($1.6m). d) Increase of $0.9m is mainly due to increase in capital works in progress including the ACT Legislation Register ($0.7m), AMC Security and Systems Upgrade ($0.7m), Replacement of Courts and Tribunal ICT Case Management System ($1m) and ESA Improving Territory Radio Network and Computer Aided Dispatch replacement program ($0.7m) offset by the transfer of ORS capital projects to Access Canberra within CMTEDD following AA changes from 15 December 2014 ($2.2m).
135 Justice and Community Safety Directorate Annual Report 2014-15 219 220 Justice and CommunitySafety Directorate Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 26. CAPITAL WORKS IN PROGRESS – CONTINUED
Reconciliation of Capital Works in Progress The following table shows the movement of Capital Works in Progress during 2014-15. Buildings and Leasehold Plant and
AnnualReport 2014-15 Improvements Improvements Equipment Software Works in Works in Works in Works in Progress Progress Progress Progress Total $’000 $’000 $’000 $’000 $’000 Carrying Amount at the Beginning of the Reporting Period 12,247 542 3,752 5,354 21,895 Additions 39,532 716 4,832 3,871 48,951 Other Movements 28 (182) 961 (635) 172 Transfer - - - (367) (367) Disposal through Administrative Restructuring - - (1,908) (1,824) (3,732) Capital Works in Progress Completed and Transferred to Property, Plant and Equipment (14,414) (914) (4,224) (115) (19,667) Carrying Amount at the End of the Reporting Period 37,393 162 3,413 6,284 47,252
Reconciliation of Capital Works in Progress The following table shows the movement of Capital Works in Progress during 2013-14. Buildings and Leasehold Plant and Improvements Improvements Equipment Software Works in Works in Works in Works in Progress Progress Progress Progress Total $’000 $’000 $’000 $’000 $’000 Carrying Amount at the Beginning of the Reporting Period 16,118 301 1,404 5,353 23,176 Additions 12,787 635 5,575 4,115 23,112 Reclassification 8 (63) 55 - - Capital Works in Progress Completed and Transferred to Property, Plant and Equipment (16,666) (331) (3,282) (4,114) (24,393) Carrying Amount at the End of the Reporting Period 12,247 542 3,752 5,354 21,895
136 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 27. OTHER ASSETS
2015 2014 $’000 $’000 Current Other Assets Prepayments 640 494 Total Current Other Assets a 640 494 a) The increase of $0.1m from 2014 mainly relates to prepayments for the Aboriginal Legal Services (NSW/ACT) agreement
and the Courts library subscriptions. REPORTING MANAGEMENT FINANCIAL C.
NOTE 28. PAYABLES
Current Payables Trade Payables 48 775 Other Payables 85 - Accrued Expenses 10,462 6,911 Total Current Payables a 10,595 7,686
Payables are aged as follows: Not Overdue 10,580 7,680 Overdue for Less than 30 Days 15 - Overdue for 30 to 60 Days - 6 Overdue for more than 60 Days - - Total Payables a 10,595 7,686 Classification of ACT Government/Non-ACT Government Payables Payables with ACT Government Entities Trade Payables - 11 Accrued Expenses 7,370 3,759 Total Payables with ACT Government Entities 7,370 3,770 Payables with Non-ACT Government Entities Trade Payables 48 764 Other Payables 85 - Accrued Expenses 3,092 3,152 Total Payables with Non-ACT Government Entities 3,225 3,916 Total Payables a 10,595 7,686 a) The increase of $2.9m predominately relates to higher accrued expenses for Capital Works, including for the Alexander Maconochie Centre additional facilities ($2.4m) and Aranda Ambulance and Fire and Rescue Station ($0.6m) projects. t increase in the accrued expenses balance from 2010-11 is due to the timing of receipt of supplier invoices, largely in relation to capital works.
137 Justice and Community Safety Directorate Annual Report 2014-15 221 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 29. FINANCE LEASES
The Directorate no longer holds finance leases for motor vehicles as at 30 June 2015 due to a change in the whole-of- government car leasing arrangements with SG Fleet on 23 April 2015. All such leases for the Directorate are classified as operating leases from 23 April 2015.
The Australian Capital Territory (Territory), represented by the ACT Property Group, on behalf of the Emergency Services Agency entered into Heads Of Agreement (2006 HOA and 2008 HOA) with the Canberra Airport Pty Limited (Airport). Under the agreements, a finance lease liability and leased asset has been recognised for Building 183. The lease term for Building 183 is for 15 years commencing 1 July 2010. The lease does not contain any option terms. The rent review rate implicit in the lease and the 2008 HOA is Consumer Price Index (CPI) plus 2%.
The details of the Heads of Agreements and lease are shown within the Finance Lease schedules below.
2015 2014 $’000 $’000 Current Finance Leases Secured Finance Leases 7 1,424 Total Current Secured Finance Leases 7 1,424
Non-Current Finance Leases Secured Finance Leases 73 2,111 Total Non-Current Secured Finance Leases 73 2,111 Total Finance Leases a 80 3,535
a) The decrease from 2013-14 is mainly due to the change in the whole-of-government car leasing arrangements with SG Fleet.
222 Justice and Community Safety Directorate Annual Report 2014-15 138 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 29. FINANCE LEASES - CONTINUED
Finance Leases 2015 2014 $’000 $’000 Finance lease commitments are payable as follows: Within one year - 1,567 Later than one year but not later than five years - 2,117 Minimum Lease Payments - 3,684 Less: Future Finance Lease Charges - (244) Amount Recognised as a Liability - 3,440 REPORTING MANAGEMENT FINANCIAL C. Add: Lease incentive involved with non-cancellable operating lease 80 95 Total Present Value of Minimum Lease Payments 80 3,535 The present value of the minimum lease payments are as follows: Within one year 7 1,424 Later than one year but not later than five years 30 2,061 Later than five years 43 50 Total Present Value of Minimum Lease Payments 80 3,535 Classification on the Balance Sheet Finance Leases Current Finance Leases 7 1,424 Non-Current Finance Leases 73 2,111 Total Finance Leases 80 3,535
139 Justice and Community Safety Directorate Annual Report 2014-15 223 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 30. EMPLOYEE BENEFITS
As at 30 June 2015, the Directorate employed 1,529 Full Time Equivalent (FTE) staff. There were 1,805 FTE at 30 June 2014.
Current Employee Benefits 2015 2014 $’000 $’000 Annual Leave 28,412 28,706 Long Service Leave 38,049 37,139 Accrued Salaries 9,145 11,172 Total Current Employee Benefits 75,606 77,017 Non-Current Employee Benefits Long Service Leave 3,055 4,347 Total Non-Current Employee Benefits 3,055 4,347 Total Employee Benefits a 78,661 81,364 Estimate of when Leave is Payable Estimated Amount Payable within 12 months Annual Leave 16,193 15,413 Long Service Leave 2,972 2,559 Accrued Salaries 9,145 11,172 Total Employee Benefits Payable within 12 months 28,310 29,144 Estimated Amount Payable after 12 months Annual Leave 12,219 13,293 Long Service Leave 38,132 38,927 Total Employee Benefits Payable after 12 months 50,351 52,220 Total Employee Benefits a 78,661 81,364
a) The decrease of $2.7m predominately relates to transfer of Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate from 15 December 2014 ($6.7m), partially offset by increase in liability due to wage increases and other net movements.
224 Justice and Community Safety Directorate Annual Report 2014-15 140 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 31. OTHER PROVISIONS
2015 2014 $’000 $’000 Current Other Provisions Provision for Removal of Underground Fuel Tanks and Minor Remediation 160 237 Provision for Make Good 199 237 Total Current Other Provisions 359 474
Non-Current Other Provisions REPORTING MANAGEMENT FINANCIAL C. Provision for Removal of Underground Fuel Tanks and Minor Remediation 640 790 Provision for Make Good 1,035 1,135 Total Non-Current Other Provision 1,675 1,925 Total Other Provisions a 2,034 2,399 a) Total Other Provisions consist of the recognition of a provision for make good of the Directorate's leased accommodation ($1.2m); and a provision for removal of decommissioned fuel tanks on Emergency Services Agency sites ($0.8m).
Provision for Removal of Underground Fuel Tanks and Minor Remediation
The Directorate has made provision for the removal of decommissioned fuel tanks located on Emergency Services Agency sites.
Reconciliation of the Provision for Removal of Underground Fuel Tanks and Minor Remediation Provision at the Beginning of the Reporting Period 1,027 893 (Decrease)/Increase in Provision for Removal of Underground Fuel Tanks and Minor (227) 134 Remediation Provision for Removal of Underground Fuel Tanks and Minor Remediation at the End of the Reporting Period 800 1,027
141 Justice and Community Safety Directorate Annual Report 2014-15 225 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 31. OTHER PROVISIONS – CONTINUED
Provision for Make Good
The Directorate has entered into a number of lease agreements for office space in Civic and Fairbairn. There are clauses within the lease agreements which require the Directorate, upon cessation of the tenancy, to return the office space to the condition it was in before it was leased (this is referred to as ‘make good’). The tenancy agreements run for different periods between one to 20 years.
The fair value as at end of reporting period for the Directorate leasehold improvements is $17.4m. The estimated costs to make good those improvements was $1.5m. The present value of the make good obligation, using the respective Government bond rate as at 30 June 2015, is approximately $1.2m.
2015 2014 $’000 $’000 Reconciliation of the Provision for Make Good Provision for Make Good at the Beginning of the Reporting Period 1,372 1,318 (Decrease)/Increase in the Provision (138) 54 Provision for Make Good at the End of the Reporting Period 1,234 1,372
NOTE 32. OTHER LIABILITIES
Current Other Liabilities Revenue Received in Advance 970 2,707 Other - 3,410 Total Current Other Liabilities a 970 6,117 a) The decrease of $5.1m from 2014 is predominately due to transfer of the Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement changes from 15 December 2014.
NOTE 33. ASSET REVALUATION SURPLUS
The Asset Revaluation Surplus is used to record the increments and decrements in the value of property, plant and equipment.
Balance at the Beginning of the Reporting Period 54,174 54,174 Decrement in Land due to Revaluation (393) - Increment in Buildings and Improvements due to Revaluation 8,056 - Increment in Leasehold Improvements due to Revaluation 128 - Decrement in Community and Heritage Assets due to Revaluation (102) - Total Increase in the Asset Revaluation Surplus 7,689 - Balance at the End of the Reporting Period a 61,863 54,174
a) The Directorate revalued its land, buildings and improvements, leasehold improvements and community and heritage assets as at 30 June 2015.
226 Justice and Community Safety Directorate Annual Report 2014-15 142 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 34. DISAGGREGATED DISCLOSURE OF ASSETS AND LIABILITIES
Year Ended 30 June 2015 Output Output Output Output Unallocated Total Class 1 Class 2 Class 3 Class 4 $’000 $’000 $’000 $’000 $’000 $’000 Current Assets Cash and Cash Equivalents a 4 - - 6,860 11,045 17,909 Receivables 7,583 381 4,976 8,336 - 21,276 Inventories - - - 1,323 - 1,323 Assets Held for Sale - - - 50 - 50 REPORTING MANAGEMENT FINANCIAL C. Other Assets 161 114 118 247 - 640 Total Current Assets 7,748 495 5,094 16,816 11,045 41,198 Non-Current Assets Property, Plant and Equipment 2,237 144,498 22,851 128,862 - 298,448 Intangible Assets 98 18 440 682 - 1,238 Capital Works in Progress 1,642 28,664 8,949 7,997 - 47,252 Total Non-Current Assets 3,977 173,180 32,240 137,541 - 346,938 Total Assets 11,725 173,675 37,334 154,357 11,045 388,136 Current Liabilities Payables 2,665 1,883 1,956 4,091 - 10,595 Finance Leasesb - - - 7 - 7 Employee Benefits 13,663 11,499 6,275 44,169 - 75,606 Other Provisions 17 65 20 257 - 359 Other Liabilities 352 - 231 387 - 970 Total Current Liabilities 16,697 13,447 8,482 48,911 - 87,537 Non-Current Liabilities Finance Leasesb - - - 73 - 73 Employee Benefits 588 447 268 1,752 - 3,055 Other Provisions 88 336 105 1,146 - 1,675 Total Non-Current Liabilities 676 783 373 2,971 - 4,803 Total Liabilities 17,373 14,230 8,855 51,882 - 92,340 Net (Liabilities)/Assets (5,648) 159,445 28,479 102,475 11,045 295,796
(a) Unallocated Cash and Cash Equivalents Cash and cash equivalents have been included in the ‘Unallocated’ column above, as this class cannot be ‘reliably attributed’ to the Directorate’s output classes. As the amount of cash and cash equivalents held by the Directorate is comprised of a number of disparate components, no single allocation driver can be used to ‘reliably attribute’ this asset class. (b) The Directorate no longer holds finance leases for motor vehicles due to a change in whole-of-government car leasing arrangements (refer to Note 29). The amounts reported under finance leases as at 30 June 2015 are Emergency Services Agency accommodation lease arrangements.
143 Justice and Community Safety Directorate Annual Report 2014-15 227 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 34. DISAGGREGATED DISCLOSURE OF ASSETS AND LIABILITIES - CONTINUED
Year Ended 30 June 2014 716 INTRA Output Output Output Output Unallocated Total Class 1 Class 2 Class 3 Class 4 $’000 $’000 $’000 $’000 $’000 $’000 Current Assets Cash and Cash Equivalents a 5 - - 15,198 11,532 26,735 Receivables 3,109 287 2,215 3,488 - 9,099 Inventories - - - 1,178 - 1,178 Assets Held for Sale 10 22 94 39 - 165 Other Assets 166 71 88 169 - 494 Total Current Assets 3,290 380 2,397 20,072 11,532 37,671 Non-Current Assets Property, Plant and Equipment 6,163 144,227 25,187 117,793 - 293,370 Intangible Assets 1,475 33 647 2,733 - 4,888 Capital Works in Progress 4,969 3,917 5,374 7,635 - 21,895 Total Non-Current Assets 12,607 148,177 31,208 128,161 - 320,153 Total Assets 15,897 148,557 33,605 148,233 11,532 357,824 Current Liabilities Payables 2,587 1,111 1,365 2,623 - 7,686 Finance Leases 433 171 161 659 - 1,424 Employee Benefits 19,856 10,239 6,056 40,866 - 77,017 Other Provisions 45 68 25 336 - 474 Other Liabilities 2,159 - 1,537 2,421 - 6,117 Total Current Liabilities 25,080 11,589 9,144 46,905 - 92,718 Non-Current Liabilities Finance Leases 642 254 238 977 - 2,111 Employee Benefits 1,258 491 363 2,235 - 4,347 Other Provisions 213 328 117 1,267 - 1,925 Total Non-Current Liabilities 2,113 1,073 718 4,479 - 8,383 Total Liabilities 27,193 12,662 9,862 51,384 - 101,101 Net (Liabilities)/Assets (11,296) 135,895 23,743 96,849 11,532 256,723
(a) Unallocated Cash and Cash Equivalents Cash and cash equivalents have been included in the ‘Unallocated’ column above, as this class cannot be ‘reliably attributed’ to the Directorate’s output classes. As the amount of cash and cash equivalents held by the Directorate is comprised of a number of disparate components, no single allocation driver can be used to ‘reliably attribute’ this asset class.
228 Justice and Community Safety Directorate Annual Report 2014-15 144 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 35. RESTRUCTURE OF ADMINISTRATIVE ARRANGEMENTS
Restructure of Administrative Arrangements (AA) 2014-15
On 1 July 2014, a restructuring of Administrative Arrangements (AA) resulted in the ACT Electoral Commission becoming an office of the ACT Legislative Assembly following amendments to the ACT’s Electoral Act 1992. The budget amounts for 2014-15 and each forward year were transferred to the ACT Electoral Commission. The 2014-15 will be reported in the ACT Electoral Commission’s Financial Statements.
On 15 December 2014, a restructuring of AAs resulted in the Office of Regulatory Services (ORS) transferring to the Chief
Minister, Treasury and Economic Development Directorate (CMTEDD). ORS functions and 315 employee were transferred REPORTING MANAGEMENT FINANCIAL C. to Access Canberra within CMTEDD as part of these AA changes.
Income and Expenses
The following table shows the Directorate income and expenses associated with the ORS recognised by the Justice and Community Safety Directorate (JACSD) up to 14 December 2014. It also shows the income and expenses for the period between 15 December 2014 and 30 June 2015 after the ORS was transferred to Access Canberra within CMTEDD. These income and expense figures were agreed by both the Directorate and CMTEDD to provide the total Directorate income and expenses relating to the transferred functions for the whole financial year.
Amounts Relating to Amounts Relating to Function when held Function when held by JACSD by CMTEDD Total 1 July 2014 to 14 Dec 2014 15 Dec 2014 to 30 June 2015 2015 $’000 $’000 $’000 Revenue Government Payment for Outputs 18,446 8,179 26,625 User charges - ACT Government - 113 113 User charges - Non-ACT Government 1,317 478 1,795 Resources Received Free of Charge - 188 188 Other Fees and Fines - 129 129 Other Revenue 1,526 1,114 2,640 Total Revenue 21,289 10,201 31,490
Gains - 1,850 1,850 Total Income 21,289 12,051 33,340
Expenses Employee Expenses 12,176 14,187 26,363 Superannuation Expenses 1,599 1,998 3,597 Supplies and Services 5,995 9,256 15,251 Depreciation and Amortisation 574 680 1,254 Grants and Purchased Services 462 539 1,001 Other Expenses 309 2,394 2,703 Total Expenses 21,115 29,054 50,169
Operating Surplus/(Deficit) 174 (17,003) (16,829)
145 Justice and Community Safety Directorate Annual Report 2014-15 229 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 35. RESTRUCTURE OF ADMINISTRATIVE ARRANGEMENTS – CONTINUED
Assets and Liabilities The assets and liabilities transfers as part of the restructuring of administrative arrangements at the dates of transfer were outlined as follows:
Transferred to Office of Transferred to Legislative Assembly CMTEDD Transferred 1 July 2014 15 December 2014 2014-2015 $’000 $’000 $’000 Assets Cash and Cash Equivalents 1 1,071 1,072 Receivables - 1,736 1,736 Property, Plant and Equipment/Intangible Assets/Capital Works in Progress 1,038 8,224 9,262 Total Assets Transferred 1,039 11,031 12,070
Liabilities Payables - 61 61 Employee Benefits 329 7,136 7,465 Other Liabilities - 2,227 2,227 Total Liabilities Transferred 329 9,424 9,753
Total Net Assets Transferred 710 1,607 2,317
230 Justice and Community Safety Directorate Annual Report 2014-15 146 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 36. FINANCIAL INSTRUMENTS
Interest Rate Risk
Interest rate risk is the risk that the fair value or future cash flows of a financial instrument will fluctuate because of changes in market interest rates.
The Directorate is considered to have an insignificant exposure to interest rate risk as its financial assets, comprising cash and cash equivalents and receivables are held in non-interest bearing arrangements. Prior to 23 April 2015, the Directorate's only exposure to interest on liabilities was in relation to finance lease commitments for motor vehicles. There
is no exposure to movements in market interest rates as the interest rates applied to the leased vehicles were fixed in the REPORTING MANAGEMENT FINANCIAL C. lease contract. Due to a change in the whole-of-government car leasing arrangements with SG Fleet on 23 April 2015, all finance leases are now classified as operating leases. The risk exposure or processes for managing risk since last financial reporting period is therefore reduced to minimum.
The Directorate holds third party monies in trust with Westpac and the Reserve Bank of Australia, and it also invests trust monies with the ACT Public Trustee. These investments earn interest and as such, are exposed to risk due to variations in interest rates. Interest rates decreased during 2015, therefore resulting in a decrease in the amount of interest received in various trust funds.
Sensitivity Analysis
A sensitivity analysis has not been undertaken for the interest rate risk of the Directorate as it has been determined that the possible impact on income and expenses or total equity from fluctuations in interest rates is immaterial.
Credit Risk
Credit risk is the risk that one party to a financial instrument will fail to discharge an obligation and cause the other party to incur a financial loss. The Directorate's credit risk is limited to the amount of the financial assets it holds net of any allowance for impairment. The Directorate expects to collect all financial assets that are not past due or impaired.
There have been no changes in credit risk exposure since last reporting period.
Credit risk is managed by the Directorate for cash at bank by holding bank balances with the ACT Government’s banker, Westpac Banking Corporation (Westpac). Westpac holds an AA- issuer credit rating with Standard and Poor’s.
The Directorate's receivables cover various entities classified between other ACT Government agencies and external to ACT Government, and these receivables are unsecured. Of these receivables, a significant portion relate to individuals who have received ambulance transport. The Directorate's receivables are dispersed across a large number of individual debtors, therefore there is no significant concentration of receivables. The Directorate manages the credit risk through ongoing debt recovery action undertaken by Shared Services and the review of the collectability of receivables by debt recovery measures and/or payment by instalments.
147 Justice and Community Safety Directorate Annual Report 2014-15 231 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 36. FINANCIAL INSTRUMENTS – CONTINUED
Liquidity Risk
Liquidity risk is the risk that the Directorate will encounter difficulties in meeting obligations associated with financial liabilities that are settled by delivering cash or another financial asset. The main source of cash to pay these obligations is received through appropriation from the ACT Government which is paid on a fortnightly basis during the year. The Directorate manages its liquidity risk by forecasting appropriation drawdown requirements to enable payment of anticipated obligations.
The Directorate is able to draw down additional Government Payment for Outputs in the next reporting period to cover its financial liabilities when they fall due. This ensures the Directorate has enough liquidity to meet its emerging financial liabilities.
The Directorate's exposure to liquidity risk is not considered material based on experience from prior years and the current assessment of risk. See the maturity analysis below for further details of when financial asset and financial liabilities mature.
Price Risk
Price risk is the risk that the fair value or future cash flows of a financial instrument will fluctuate because of changes in market prices (other than those arising from interest rate risk or currency risk), whether these changes are caused by factors specific to the individual financial instrument or its issue, or by factors affecting all similar financial instruments traded in the market.
The Directorate holds no financial instruments that are subject to price risk. Accordingly, a sensitivity analysis has not been undertaken.
232 Justice and Community Safety Directorate Annual Report 2014-15 148 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 36. FINANCIAL INSTRUMENTS – CONTINUED
Fair Value of Financial Assets and Liabilities The carrying amounts and fair values of financial assets and liabilities at the end of the reporting period are:
Carrying Fair Value Carrying Fair Value Amount Amount Amount Amount 2015 2015 2014 2014 $’000 $’000 $’000 $’000 Financial Assets C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. Cash and Cash Equivalents 17,909 17,909 26,735 26,735 Receivables a 19,903 19,903 6,029 6,029 Total Financial Assets 37,812 37,812 32,764 32,764
Financial Liabilities Payables 10,595 10,595 7,686 7,686 Finance Leases b - - 3,535 3,535 Total Financial Liabilities 10,595 10,595 11,221 11,221 a) Receivables above exclude GST receivable ($1.4m in 2015). b) The decrease from 2014 primarily relates to the change in the whole-of-government car leasing arrangements with SG Fleet.
Fair Value Hierarchy
The Directorate’s financial assets and financial liabilities are measured, subsequent to initial recognition, at amortised costs, therefore no Fair Value Hierarchy disclosures have been made.
149 Justice and Community Safety Directorate Annual Report 2014-15 233 234 Justice and CommunitySafety Directorate Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 36. FINANCIAL INSTRUMENTS – CONTINUED
The following table sets out the Directorate's maturity analysis for financial assets and liabilities as well as the exposure to interest rates, including the weighted average interest rates by maturity period as at 30 June 2015. Except for-non-current payables, financial assets and liabilities which have a floating interest rate or are non-interest bearing will mature in one year or less. All amounts appearing in the following maturity analysis are shown on an undiscounted cash flow basis. Weighted
AnnualReport 2014-15 Average Floating Fixed Interest Maturing In: Interest Interest 1 Year Over 1 Year Over Non-Interest 2015 Not Rate Rate or Less to 5 Years 5 Years Bearing Total No.e $’000 $’000 $’000 $’000 $’000 $’000 Financial Instruments Financial Assets Cash and Cash Equivalents 20 - - - - - 17,909 17,909 Receivables a 21 - - - - - 19,903 19,903 Total Financial Assets - - - - 37,812 37,812 Financial Liabilities Payables 28 - - - - - 10,595 10,595 Finance Leases 29 ------Total Financial Liabilities - - - - 10,595 10,595 Net Financial Assets / (Liabilities) - - - - 27,217 27,217
a) Receivables above exclude GST receivable.
150 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 36. FINANCIAL INSTRUMENTS – CONTINUED
The following tables sets out the Directorate's maturity analysis for financial assets and liabilities as well as the exposure to interest rates, including the weighted average interest rates by maturity period as at 30 June 2014. All financial assets and liabilities which have a floating interest rate or are non-interest bearing will mature in one year or less. All amounts appearing in the following maturity analysis are shown on an undiscounted cash flow basis.
Weighted Average Floating Fixed Interest Maturing In: Interest Interest 1 Year Over 1 Year Over Non-Interest 2014 Note Rate Rate or Less to 5 Years 5 Years Bearing Total No. $’000 $’000 $’000 $’000 $’000 $’000 Financial Instruments
Financial Assets Justice and CommunitySafety Directorate Cash and Cash Equivalents 20 - - - - - 26,735 26,735 Receivables a 21 - - - - - 6,029 6,029 Total Financial Assets - - - - 32,764 32,764
Financial Liabilities Payables 28 - - - - - 7,686 7,686 Finance Leases 29 5.87% - 1,567 2,117 - - 3,684 Total Financial Liabilities - 1,567 2,117 - 7,686 11,370 Net Financial Assets / (Liabilities) - (1,567) (2,117) - 25,078 21,394
a) Receivables above exclude GST receivable. AnnualReport 2014-15 235
151
C. FINANCIAL MANAGEMENT REPORTING Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 36. FINANCIAL INSTRUMENTS - CONTINUED
Carrying Amount of Each Category of Financial Asset and Financial Liability 2015 2014 $’000 $’000 Financial Assets Receivables a 19,903 6,029
Financial Liabilities Financial Liabilities Measured at Amortised Cost 10,595 11,221
a) Receivables above exclude GST Receivable. The Directorate does not have any financial assets in the 'Available for Sale' category, the 'Financial Assets at Fair Value through Profit and Loss' category or the 'Held to Maturity' category and as such, these categories are not included above. Also, the Directorate does not have any financial liabilities in the 'Financial Liabilities at Fair Value through Profit and Loss' category, and as such, this category is not included above.
Net Loss on Financial Asset and Financial Liability
Net Loss on de-recognition of Motor Vehicles and associated lease liability under a (112) - Finance Lease b
b) The net loss in 2015 relates to changes to the whole-of-government leasing arrangements with SG Fleet, the result of which was that such leases were classified as operating leases rather than finance leases from 23 April 2015.
NOTE 37. COMMITMENTS
Capital Commitments Capital commitments contracted at reporting date that have not been recognised as liabilities, are payable as follows:
Capital Commitments Within One Year 4,095 12,872 Later than one year but not later than five years - - Total Capital Commitments a 4,095 12,872
a) The decrease of $8.8m from 2014 predominately relates to completion of construction works for South Tuggeranong Fire and Rescue Station ($8.4m) in 2013-14.
Other Commitments
Other commitments contracted at reporting date that have not been recognised as liabilities, are payable as follows:
Within One Year 9,124 6,747 Later than one year but not later than five years 17,697 9,748 Later than five years 16,946 17 Total Other Commitments b 43,767 16,512
b) The increase of $27.3m from 2014 predominately relates to the Inter-government agreement for Medical Retrieval - Helicopter Services for the ACT and South East NSW Region ($25.5m), and ICT related contracts.
236 Justice and Community Safety Directorate Annual Report 2014-15 152 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 37. COMMITMENTS – CONTINUED
Operating Lease Commitments 2015 2014 $’000 $’000 Non-cancellable operating lease commitments are payable as follows: Within One Year 8,475 10,221 Later than one year but not later than five years 34,371 34,833
Later than five years 27,563 36,071 REPORTING MANAGEMENT FINANCIAL C. Total Operating Lease Commitments c 70,409 81,125 c) The decrease of $10.7m from 2014 is mainly due to transfer of accommodation lease commitments following Administrative Arrangement changes for the Office of Regulatory Services from 15 December 2014 ($4.8m) and the ACT Electoral Commission from 1 July 2014 ($0.4m); and one-year movement in other lease commitments.
NOTE 38. CONTINGENT LIABILITIES AND CONTINGENT ASSETS
The ACT Government Solicitor is acting for the Directorate in relation to twenty-nine (29) unresolved legal matters as at 30 June 2015. The estimated amount of contingent liabilities ($0.3m) represents a mixture of the excess ($0.2m) for matters covered by the ACT Insurance Authority (ACTIA) and the remaining balance ($0.1m) relates to legal matters not covered by ACTIA. Under the arrangement with ACTIA, if the Directorate pays the full amount of a successful claim, the amount less the excess amount is reimbursed to the Directorate by ACTIA.
The Directorate has recognised a provision for the removal of decommissioned fuel tanks on Emergency Service Agency sites (refer Note 31). This provision is the estimated cost of removal of the tanks and soil testing. The soil testing may identify contamination of the site that will require further remediation. The possible cost associated with soil remediation is not able to be determined until the tanks are removed.
153 Justice and Community Safety Directorate Annual Report 2014-15 237 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 39. CASH FLOW RECONCILIATION
2015 2014 (a) Reconciliation of Cash and Cash Equivalents at the End of the Reporting Period $’000 $’000 in the Cash Flow Statement to the Equivalent Items in the Balance Sheet
Total Cash and Cash Equivalents Disclosed in the Balance Sheet 17,909 26,735
Cash and Cash Equivalents at the End of the Reporting Period as Recorded in the Cash 17,909 26,735 Flow Statement
(b) Reconciliation of Net Cash Inflows from Operating Activities to the Operating Surplus/(Deficit)
Operating (Deficit) (18,985) (15,693)
Add/(Less) Non-Cash Items Depreciation and Amortisation 17,049 20,175 Administrative Arrangements - Net Liability Transfer 7,631 -
Add/(Less) Items Classified as Investing or Financing
Net (Gain) on Disposal of Non-Current Assets (1,180) (221) Net impact from De-recognisation of Leased motor vehicles 112 - Net loss/(Gain) on Assets/Assets Transferred or Contributed 2,070 (800) Accrual of Capital Works (2,609) (1,324) Net Cash Outflow Before Changes in Operating Assets and Liabilities 4,088 2,137
Changes in Operating Assets and Liabilities (Increase) in Receivables (12,177) (3,545) (Increase)/Decrease in Inventories (145) 245 (Increase) in Other Assets (146) (320) Increase in Payables 2,909 3,284 (Decrease)/Increase in Employee Benefits (2,702) 8,059 (Decrease)/Increase in Other Liabilities (5,512) 783 Net Changes in Operating Assets and Liabilities (17,773) 8,506
Net Cashflows from Operating Activities (13,685) 10,643
(c) Non-Cash Financing and Investing Activities
Acquisition of Motor Vehicles by means of Finance Lease 496 2,030
238 Justice and Community Safety Directorate Annual Report 2014-15 154 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 40. THIRD PARTY MONIES
The Directorate holds the following third party monies in trust:
Third Party Trust Monies 2015 2014 $’000 $’000 Directorate General Trust Accounts Balance at the Beginning of the Reporting Period 4,214 3,985 Cash Receipts 4,179 1,254 Cash Payments (3,250) (1,025)
Balance at the End of the Reporting Period 5,143 4,214 REPORTING MANAGEMENT FINANCIAL C. Supreme Court Registrar's Trust Account Balance at the Beginning of the Reporting Period 491 184 Cash Receipts 23,649 4,413 Cash Payments (21,229) (4,106) Balance at the End of the Reporting Period 2,911 491 Magistrates Trust Account Balance at the Beginning of the Reporting Period 189 246 Cash Receipts 1,682 2,184 Cash Payments (1,558) (2,241) Balance at the End of the Reporting Period 313 189 Supreme Court Trust Investments Balance at the Beginning of the Reporting Period 4,794 4,647 Cash Receipts 43 147 Cash Payments (4,837) - Balance at the End of the Reporting Period - 4,794 Corrective Services Trust Account a Balance at the Beginning of the Reporting Period 87 91 Cash Receipts 1,301 1,277 Cash Payments (1,295) (1,281) Balance at the End of the Reporting Period 93 87 Rental Bonds Trust Account b Balance at the Beginning of the Reporting Period 60,285 58,160 Cash Receipts 18,195 32,854 Cash Payments (15,812) (30,729) Balance at the End of the Reporting Period 62,668 60,285 Consumer Compensation Fund Balance at the Beginning of the Reporting Period 3,510 3,512 Cash Receipts 115 - Cash Payments (120) (2) Balance at the End of the Reporting Period 3,505 3,510
155 Justice and Community Safety Directorate Annual Report 2014-15 239 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 40. THIRD PARTY MONIES – CONTINUED
2015 2014 $’000 $’000 ACT Civil and Administrative Tribunal Trust Account (ACAT) Balance at the Beginning of the Reporting Period 54,820 55,535 Cash Receipts 9,158 7,889 Cash Payments (11,399) (8,604) Balance at the End of the Reporting Period 52,579 54,820 ESA Trust Account Balance at the Beginning of the Reporting Period 8 7 Cash Receipts - 1 Balance at the End of the Reporting Period 8 8 ACT Rural Fire Service Balance at the Beginning of the Reporting Period 19 18 Cash Receipts - 1 Cash Payments - - Balance at the End of the Reporting Period 19 19 ACT State Emergency Services Balance at the Beginning of the Reporting Period 13 13 Cash Receipts - - Cash Payments - - Balance at the End of the Reporting Period 13 13 ACT Ambulance Service Balance at the Beginning of the Reporting Period 2 2 Balance at the End of the Reporting Period 2 2 Road User Service (RUS) Trust Bank Account b Balance at the Beginning of the Reporting Period 6,974 5,928 Cash Receipts 86,034 176,493 Cash Payments (93,008) (175,447) Balance at the End of the Reporting Period - 6,974 Total Third Party Trust Monies held by the Directorate c 127,254 135,406
a) The 2014 receipts and payments for the Corrective Services Trust fund has been re-stated to gross amounts for comparison purpose. b) The Rental Bond Trust operating bank account and Road User Services (RUS) Trust bank account were transferred to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement changes from 15 December 2014. c) The trusts and third-party monies held by the Directorate have been assessed under the requirements of Appendix E of AASB 10 Consolidated Financial Statements (AASB 10). This standard and the new appendix provide a revised definition of ‘control’ for ‘investors’ and ‘investees’, for application to reporting periods on or after 1 January 2014 (the 2014-15 reporting year) for ‘not-for-profit’ entities, such as the Directorate. In the context of AASB 10, the terms ‘investor’ and ‘investee’ are used to express a relationship where one entity controls the other (refer to Note 2.28 – Significant Accounting Judgements and Estimates - for further details). The Directorate assessed that no change to the Directorate’s financial statement reporting was required for 2014-15.
240 Justice and Community Safety Directorate Annual Report 2014-15 156 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 41. GUARANTEES
There were no guarantees entered into by the Directorate in 2014-15.
NOTE 42. EVENTS OCCURRING AFTER BALANCE DATE
There were no material events occurring after the balance date, which would affect the financial statements as at 30 June 2015.
REPORTING MANAGEMENT FINANCIAL C. NOTE 43. BUDGETARY REPORTING - EXPLANATIONS OF MAJOR VARIANCES BETWEEN ACTUAL AMOUNTS AND ORIGINAL BUDGET AMOUNTS
The following are brief explanations of major line item variances between budget estimates and actual outcomes. Variances are considered to be major variances if both of the following criteria are met: (a) The line item is a significant line item: the line item actual amount accounts for more than 10% of the relevant associated category (Income, Expenses and Equity totals) or sub-element (e.g. Current Liabilities and Receipts from Operating Activities totals) of the financial statements; and
(b) The variances (original budget to actual) are greater than plus (+) or minus (-) 10% of the budget for the financial statement line item.
Actual Original Operating Statement Line Items 2014-15 Budget1 Variance Variance $’000 2014-15 $’000 % $’000 Supplies and Servicesa 72,779 84,297 (11,518) (13.7)
1 Original Budget refers to the amounts presented to the Legislative Assembly in the original budgeted financial statements in respect of the reporting period (2014-15 Budget Statements). These amounts have not been adjusted to reflect supplementary appropriation or appropriation instruments. Note: # in the Line Item Variance % column represents a variance that is greater than 999 per cent or less than -999 per cent.
Explanations a) The lower Supplies and Services of $11.5m from the original budget is mainly due to the transfer of Office of Regulatory Services to Access Canberra ($8.2m) and transfer of recurrent cost ($2.2m) from 2014-15 to 2015-16.
157 Justice and Community Safety Directorate Annual Report 2014-15 241 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 43. BUDGETARY REPORTING - EXPLANATIONS OF MAJOR VARIANCES BETWEEN ACTUAL AMOUNTS AND ORIGINAL BUDGET AMOUNTS – CONTINUED
Actual Original Balance Sheet Line Items 2014-15 Budget1 Variance Variance $’000 2014-15 $’000 % $’000 a Cash and Cash Equivalents 17,909 27,313 (9,404) (34.4) b Current Receivables 21,276 4,630 16,646 359.5 c Current Payables 10,595 4,313 6,282 145.7 d Capital Works in Progress 47,252 68,358 (21,106) (30.9) e Non-Current Employee Benefits 3,055 4,424 (1,369) (30.9)
Statement of Changes in Equity These line items are covered in other
financial statements
1 Original Budget refers to the amounts presented to the Legislative Assembly in the original budgeted financial statements in respect of the reporting period (2014-15 Budget Statements). These amounts have not been adjusted to reflect supplementary appropriation or appropriation instruments. Note: # in the Line Item Variance % column represents a variance that is greater than 999 per cent or less than -999 per cent.
Explanations a) The lower Cash and Cash Equivalents of $9.4m from the original budget is due mainly to the transfer of Office of Regulatory Services (ORS) to Access Canberra. b) The higher Current Receivables of $16.6m from the original budget is due mainly to the transfer of ORS to Access Canberra and the 2013-14 audited outcome flow-on effects. c) The higher Current Payables of $6.3m from the original budget is due mainly to 2013-14 audited outcome flow-on effects and higher accrued capital works expenditure. d) The lower Capital Works in Progress of $21.1m from the original budget predominately relates to unspent capital funding, project savings, and the transfer of ORS to Access Canberra within CMTEDD. e) The lower Non-Current Employee Benefits of $1.4m from the original budget predominately relates to the transfer of ORS to Access Canberra.
Actual Original Cash Flow Statement Line Items 2014-15 Budget1 Variance Variance $’000 2014-15 $’000 % $’000 Purchase of Property, Plant and Equipment and 42,840 62,419 (19,579) (31.3) Capital Works in Progressa b Capital Injections 52,686 86,148 (33,462) (38.8)
1 Original Budget refers to the amounts presented to the Legislative Assembly in the original budgeted financial statements in respect of the reporting period (2014-15 Budget Statements). These amounts have not been adjusted to reflect supplementary appropriation or appropriation instruments. Note: # in the Line Item Variance % column represents a variance that is greater than 999 per cent or less than -999 per cent.
Explanations a) The lower Purchase of Property, Plant and Equipment and Capital Works in Progress of $19.6m from the original budget are due mainly to the transfer of capital projects expenditure to 2015-16. b) The lower Capital Injections of $33.5m from the original budget is due mainly to the transfer of capital projects to 2015-16.
242 Justice and Community Safety Directorate Annual Report 2014-15 158 Blank words
JUSTICE AND COMMUNITY SAFETY DIRECTORATE
REPORTING MANAGEMENT FINANCIAL C.
TERRITORIAL FINANCIAL STATEMENTS
FOR THE YEAR ENDED 30 JUNE 2015
81
Justice and Community Safety Directorate Annual Report 2014-15 243 Justice and Community Safety Directorate Statement of Income and Expenses on Behalf of the Territory For the Year Ended 30 June 2015 Hidden words Original Actual Budget Actual Note 2015 2015 2014 No. $’000 $’000 $’000 Income Revenue Payment for Expenses on Behalf of the Territory 45 162,333 158,301 159,766 Fees and Fines 46 89,293 190,256 176,621 User Charges - Non-ACT Government 47 6,647 18,690 13,665 Other Revenue 48 3,870 1,694 4,430 Total Income 262,143 368,941 354,482
Expenses Employee Expenses 49 977 977 932 Supplies and Services 50 161,256 157,324 158,673 Transfers to Government 51 99,810 209,790 191,988 Depreciation 52 2,846 2,310 2,752 Other Expenses 53 1,424 1,164 3,046 Total Expenses 266,313 371,565 357,391
Operating (Deficit) (4,170) (2,624) (2,909)
Other Comprehensive Income Items that will not be reclassified subsequently to profit or loss Increase in the Asset Revaluation Surplus 63 3,112 - -
Total Other Comprehensive Income 3,112 - -
Total Comprehensive (Deficit) (1,058) (2,624) (2,909)
The above Statement of Income and Expenses on Behalf of the Territory should be read in conjunction with the accompanying notes.
244 Justice and Community Safety Directorate Annual Report 2014-15 82 Justice and Community Safety Directorate Statement of Assets and Liabilities on Behalf of the Territory As at 30 June 2015 Hidden words
Original Actual Budget Actual Note 2015 2015 2014 No. $’000 $’000 $’000 Current Assets Cash and Cash Equivalents 56 149 4,263 3,774 Receivables 57 3,709 8,268 10,468 Total Current Assets 3,858 12,531 14,242
C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. Non-Current Assets Property, Plant and Equipment 58 77,663 76,650 78,197 Capital Works in Progress 59 62 2 14 Total Non-Current Assets 77,725 76,652 78,211
Total Assets 81,583 89,183 92,453
Current Liabilities Payables 60 9 876 904 Employee Benefits 61 26 38 23 Other Liabilities 62 3,047 11,039 12,331 Total Current Liabilities 3,082 11,953 13,258 Total Liabilities 3,082 11,953 13,258 Net Assets 78,501 77,230 79,195
Equity Accumulated Funds 54,791 56,633 58,597 Asset Revaluation Surplus 63 23,710 20,597 20,598 Total Equity 78,501 77,230 79,195
The above Statement of Assets and Liabilities on Behalf of the Territory should be read in conjunction with the accompanying notes.
83 Justice and Community Safety Directorate Annual Report 2014-15 245 Justice and Community Safety Directorate Statement of Changes in Equity on Behalf of the Territory For the Year Ended 30 June 2015 Hidden words
Asset Accumulated Revaluation Total Funds Surplus Equity Original For the Year Ended 30 June 2015 Actual Actual Actual Budget 2015 2015 2015 2015 $’000 $’000 $’000 $’000 Balance at 1 July 2014 58,597 20,598 79,195 79,570 Comprehensive (Deficit) Operating (Deficit) (4,170) - (4,170) (2,624) Increase in Asset Revaluation Surplus - 3,112 3,112 - Total Comprehensive (Deficit) (4,170) 3,112 (1,058) (2,624) Transactions Involving Owners Affecting Accumulated
Funds Capital Injections 364 - 364 284
Total Transactions Involving Owners Affecting Accumulated 364 - 364 284 Funds Balance at 30 June 2015 54,791 23,710 78,501 77,230
Asset Accumulated Revaluation Total Funds Surplus Equity For the Year Ended 30 June 2014 Actual Actual Actual 2014 2014 2014 $’000 $’000 $’000 Balance at 1 July 2013 61,286 20,598 81,884 Comprehensive (Deficit) Operating (Deficit) (2,909) - (2,909) Total Comprehensive (Deficit) (2,909) - (2,909) Transactions Involving Owners Affecting Accumulated Funds Capital Injections 220 - 220 Total Transactions Involving Owners Affecting Accumulated Funds 220 - 220 Balance at 30 June 2014 58,597 20,598 79,195
246 Justice and Community Safety Directorate Annual Report 2014-15 84 Justice and Community Safety Directorate Cash Flow Statement on Behalf of the Territory For the Year Ended 30 June 2015 Hidd Original Actual Budget Actual Note 2015 2015 2014 No. $’000 $’000 $’000 Cash Flows from Operating Activities Receipts Cash from Government for Expenses on Behalf of the Territory 162,333 158,301 159,766 Fees and Fines 84,175 190,256 179,418 User Charges - Non-ACT Government 6,647 18,470 13,546 Goods and Services Tax Collected from Customers/ Input C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. Credits from the Australian Taxation Office 2,399 516 2,319 Other 3,870 1,694 4,349 Total Receipts from Operating Activities 259,424 369,237 359,398 Payments Employee Expenses 974 977 929 Supplies and Services 161,553 157,324 165,752 Transfer of Territory Receipts to the ACT Government 98,005 210,420 190,860 Goods and Services Tax Input Credits to the Australian Taxation Office 2,028 410 1,739 Goods and Services Tax Paid to Suppliers 558 106 543 Total Payments from Operating Activities 263,118 369,237 359,823 Net Cash (Outflows) from Operating Activities 66 (3,694) - (425) Cash Flows from Investing Activities Payments Purchase of Property, Plant and Equipment 295 246 246 Total Payments from Investing Activities 295 246 246 Net Cash (Outflows) from Investing Activities (295) (246) (246) Cash Flows from Financing Activities Receipts Capital Injections 364 284 220 Total Receipts from Financing Activities - - 220 Net Cash Inflows from Financing Activities 364 284 220 Net (Decrease)/Increase in Cash and Cash Equivalents Held (3,625) 38 (451) Cash and Cash Equivalents at the Beginning of the Reporting Period 3,774 4,225 4,225 Cash and Cash Equivalents at the End of the Reporting Period 149 4,263 3,774
The above Cash Flow Statement of Assets on Behalf of the Territory should be read in conjunction with the accompanying notes.
85 Justice and Community Safety Directorate Annual Report 2014-15 247 Justice and Community Safety Directorate Territorial Statement of Appropriation For the Year Ended 30 June 2015 Hidden words
Original Total Appropriation Appropriation Budget Appropriated Drawn Drawn 2015 2015 2015 2014 $’000 $’000 $’000 $’000
Territorial Expenses on Behalf of the Territory (EBT) 158,301 162,333 162,333 159,766 Capital Injections 284 364 364 220 Total Territorial Appropriation 158,585 162,697 162,697 159,986
The above Territorial Statement of Appropriation should be read in conjunction with the accompanying notes.
Column Heading Explanations The Original Budget column shows the amounts that appear in the Cash Flow Statement on Behalf of the Territory in the Budget Papers. This amount also appears in the Cash Flow Statement.
The Total Appropriated column is inclusive of all appropriation variations occurring after the Original Budget.
The Appropriation Drawn is the total amount which was received by the Directorate during the year.
Variances between Original Budget and Total Appropriated
Expenses on Behalf of the Territory
The higher Total Appropriated funding of $4.032m from the Original Budget is due to: - Financial Management Act 1996 (FMA) Section 18: Territorial Legal expense ($2.895m) - FMA Section 18: ACT Policing Enabling Services ($1.250m) - FMA Section 16: Transfer of Office of Regulatory Services (ORS) functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) following Administrative (AA) changes from 15 December 2014 (-$0.113m)
Capital Injections
The increase of $0.080m between the Original Budget and the Total Appropriated is due to a FMA Section 16B transfer of capital project funding from 2013-14.
248 Justice and Community Safety Directorate Annual Report 2014-15 86 HJustice and Community Safety Directorate TERRITORIAL NOTE INDEX
Note 44 Summary of Significant Accounting Policies - Territorial
Revenue Notes Note 45 Payment for Expenses on behalf of the Territory - Territorial Note 46 Fees and Fines - Territorial Note 47 User Charges - Territorial Note 48 Other Revenue - Territorial
Expenses Notes Note 49 Employee Expenses - Territorial Note 50 Supplies and Services - Territorial C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. Note 51 Transfer to Government - Territorial Note 52 Depreciation - Territorial Note 53 Other Expenses - Territorial Note 54 Waivers, Impairment Losses and Write-offs - Territorial Note 55 Act of Grace Payments - Territorial
Assets Notes Note 56 Cash and Cash Equivalents - Territorial Note 57 Receivables - Territorial Note 58 Property, Plant and Equipment - Territorial Note 59 Capital Works in Progress - Territorial
Liabilities Notes Note 60 Payables - Territorial Note 61 Employee Benefits - Territorial Note 62 Other Liabilities - Territorial Note 63 Asset Revaluation Surplus - Territorial
Other Notes Note 64 Disaggregated Income and Expense - Territorial Note 65 Restructures of Administrative Arrangements - Territorial Note 66 Cash Flow Reconciliation - Territorial Note 67 Financial Instruments - Territorial Note 68 Commitments - Territorial Note 69 Contingent Liabilities and Contingent Assets - Territorial Note 70 Events Occurring after Balance Date - Territorial Note 71 Budgetary Reporting - Territorial
87 Justice and Community Safety Directorate Annual Report 2014-15 249 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 44. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The Directorate's accounting policies are outlined in Note 2 Summary of Significant Accounting Policies. The policies outlined in Note 2 apply to both the Controlled and Territorial financial statements.
NOTE 45. PAYMENT FOR EXPENSES ON BEHALF OF THE TERRITORY - TERRITORIAL
Under the Financial Management Act 1996, funds can be appropriated for expenses incurred on behalf of the Territory. The Directorate receives this appropriation to fund a number of expenses incurred on behalf of the Territory. The main payment is for community policing services provided by the Australian Federal Police.
2015 2014 $’000 $’000 Payment for Expenses on Behalf of the Territory a 162,333 159,766 Total Payment for Expenses on Behalf of the Territory 162,333 159,766
a) Increase of $2.6m mainly relates to additional funding for Territorial Legal expenses ($2m) and ACT Policing wage agreement increases and enabling services ($4m) offset by cessation of 2013-14 funding for Eastman Inquiry related expenses (-$3.2m) and transfer of Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement changes from 15 December 2014 (-$0.1m).
NOTE 46. FEES AND FINES - TERRITORIAL
Fees for Regulatory Services 73,760 148,293 Traffic, Court and Other Fines 15,533 28,328 Total Fees and Fines a 89,293 176,621
a) The decrease of $87.3m from 2014 predominately relates to transfer of the Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement changes from 15 December 2014.
NOTE 47. USER CHARGES - TERRITORIAL
User charges revenue is derived by providing goods and services to other ACT Government agencies and to the public. User charges revenue is not part of Government appropriation and is paid by the users of the goods and services. This revenue is primarily parking fees and labels and is driven by consumer demand.
User Charges 6,647 13,665 Total User Charges a 6,647 13,665
a) The decrease of $7.0m from 2014 predominately relates to transfer of the Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement changes from 15 December 2014.
250 Justice and Community Safety Directorate Annual Report 2014-15 88 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 48. OTHER REVENUE - TERRITORIAL
2015 2014 $’000 $’000 Legal Recoveries 39 52 Insurance Recoveries 2,814 2,631 Other a 1,017 1,747 Total Other Revenue 3,870 4,430 a) The decrease of $0.7m from 2014 is mainly due to the part-year impact of fines recoveries in relation to time-to-pay REPORTING MANAGEMENT FINANCIAL C. arrangements as a result of transfer of Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development following Administrative Arrangement changes from 15 December 2014.
NOTE 49. EMPLOYEE EXPENSES - TERRITORIAL
Wages and Salaries a 977 932 Total Employee Expenses 977 932 a) Relates to judicial pension payments.
NOTE 50. SUPPLIES AND SERVICES - TERRITORIAL
Australian Federal Police a 153,580 152,813 Legal Expenses, Criminal Injuries Compensation and Damages and Settlements b 7,457 5,575 Other 219 285 Total Supplies and Services 161,256 158,673 a) The increase of $0.8m from 2014 is mainly due to ACT Policing wage agreement increases and enabling services ($4m) offset by cessation of 2013-14 expenses associated with Eastman Inquiry ($3.2m). b) The increase of $1.9m from 2014 mainly relates to higher criminal injuries compensation ($0.9m), Territorial legal and other expenses ($0.8m), damages and settlements ($0.2m).
89 Justice and Community Safety Directorate Annual Report 2014-15 251 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 51. TRANSFER TO GOVERNMENT - TERRITORIAL ‘Transfer to Government’ represents the transfer of money, which the Directorate has collected on behalf of the Territory, to Government. The money collected by the Directorate on behalf of the Territory includes fees and fines, user charges and other revenue.
2015 2014 $’000 $’000 Payments to the Territory Banking Account a 99,810 191,988 Total Transfer to Government 99,810 191,988
a) The decrease of $92.2m from 2014 predominately relates to transfer of the Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement changes from 15 December 2014.
NOTE 52. DEPRECIATION - TERRITORIAL
Buildings 2,680 2,562 Plant and Equipment 166 190 Total Depreciation a 2,846 2,752
a) Depreciation expense relates to ACT Policing related assets.
NOTE 53. OTHER EXPENSES - TERRITORIAL
Impairment Losses and Write-offs a 374 3,046 Losses from the Transfer of Assets b 1,050 - Total Other Expenses 1,424 3,046
a) The decrease of $2.7m from 2014 mainly relates to the transfer of Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate. b) The increase of $1m is due to the transfer of the former Belconnen Police Station land asset ($1.050m) to the Land Development Agency in 2015.
252 Justice and Community Safety Directorate Annual Report 2014-15 90 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 54. WAIVERS, IMPAIRMENT LOSSES AND WRITE-OFFS - TERRITORIAL Under section 131 of the Financial Management Act 1996 the Treasurer may, in writing, waive the right to payment of an amount payable to the Territory. There are also a number of Legislative provisions, including Court Procedure Act 2004 Section 15 (2) (b), and Road Transport (General) Act 1999, Part 3, Section 31G, that allow Courts to make decisions to waive payment of debt owing to the Directorate on behalf of the Territory from third parties. The number of waivers reported in 2014-15 relates to Courts’ waivers only. The Transport Regulation functions in the Office of Regulatory Services (ORS) transferred to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) as part of Administrative Arrangement (AA) changes effective from 15 December 2014. A waiver is the relinquishment of a legal claim to a debt. The write-off of a debt is the accounting action taken to remove a
debt from the books, but does not relinquish the legal right of the Territory to recover the amount. The write-off of debts REPORTING MANAGEMENT FINANCIAL C. may occur for reasons other than waivers. The waivers, impairment losses and write-offs listed below have occurred during the reporting period for activities on behalf of the Territory.
2015 2014 No. $’000 No. $’000 Waivers Other Waivers 188 181 94 179 Total Waivers a 188 181 94 179
Impairment Losses Impairment Losses from Receivables Trade Receivables 197 175 451 459
Total Impairment Losses b 197 175 415 459
Write-Offs Irrecoverable Debts 1,811 199 10,929 2,727 Total Write-Offs b 1,811 199 10,929 2,727
Total Waivers, Impairment Losses and Write-Offs 2,196 555 11,474 3,365 a) The increase from 2014 in number of other waivers predominately relates to Courts civil fees. b) The decrease from 2014 in number and value predominately relates to the transfer of ORS functions to Access Canberra within CMTEDD following AA changes from 15 December 2014.
91 Justice and Community Safety Directorate Annual Report 2014-15 253 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 55. ACT OF GRACE PAYMENTS – TERRITORIAL Under Section 130 of the Financial Management Act 1996 the Treasurer may, in writing, authorise Act of Grace Payments be made by the Directorate. On behalf of the Territory, Act of Grace payments are a method of providing equitable remedies to entities or individuals that may have been unfairly disadvantaged by the Government but have no legal claim to payment. There were no Act of Grace payments made during the 2014-15 and 2013-14 reporting periods pursuant to Section 130 of the Financial Management Act 1996.
NOTE 56. CASH AND CASH EQUIVALENTS - TERRITORIAL
2015 2014 $’000 $’000 Cash at Bank a 149 3,774 Total Cash and Cash Equivalents 149 3,774
a) The decrease of $3.6m from 2014 is mainly due to transfer of the Office of Regulatory Services’ bank accounts to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following the Administrative Arrangement changes from 15 December 2014.
NOTE 57. RECEIVABLES – TERRITORIAL
Current Receivables Trade Receivables - 469 Fees and Fines 4,605 13,905 Less: Allowance for Impairment Losses (1,016) (3,934) Total Trade Receivables, Fees and Fines a 3,589 10,440
Accrued Revenue 52 28 Net Goods and Services Tax (GST) Receivable 68 - Total Current Receivables 3,709 10,468
a) The decrease of $6.8m from 2014 primarily relates to transfer of Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following AA changes from 15 December 2014.
254 Justice and Community Safety Directorate Annual Report 2014-15 92 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 57. RECEIVABLES – TERRITORIAL – CONTINUED
Ageing of Receivables Not Overdue Overdue Total Less than 30 to Greater 30 Days 60 Days than 60 Days b $'000 $'000 $'000 $'000 $'000 2015 a Not Impaired REPORTING MANAGEMENT FINANCIAL C. Receivables 1,049 87 126 2,447 3,709 Impaired Receivables - - - 1,016 1,016
2014 Not Impaired a Receivables 2,429 1,161 796 6,082 10,468 Impaired Receivables 577 512 300 2,546 3,934 a) 'Not Impaired' refers to Net Receivables (that is Gross Receivables less Impaired Receivables). b) In 2015, a large part of debtors (both impaired and not impaired) 60 days and older are Courts’ related debtors. The Directorate does not hold any collateral for receivables that are overdue or determined to be impaired.
2015 2014 Reconciliation of the Allowance for Impairment Losses $’000 $’000 Allowance for Impairment Losses at the Beginning of the Reporting Period 3,934 3,615 Additional Allowance Recognised 175 459 Reduction in Allowance c (3,093) (140) Allowance for Impairment Losses at the End of the Reporting Period c 1,016 3,934
Classification of ACT Government/Non-ACT Government Receivables Receivables with ACT Government Entities Net Trade Receivables - 372 Accrued Revenue 52 - Total Receivables with ACT Government Entities 52 372 Receivables with Non-ACT Government Entities Net Trade Receivables 2 97 Fees and Fines 3,587 9,971 Accrued Revenue - 28 Net Goods and Services Tax (GST) Receivable 68 - Total Receivables with Non-ACT Government Entities 3,657 10,096 Total Receivables 3,709 10,468 c) The variance of $2.9m from 2014 primarily relates to transfer of Receivables and associated allowance for impairment losses relating to the Office of Regulatory Services functions to Access Canberra following Administrative Arrangement changes from 15 December 2014.
93 Justice and Community Safety Directorate Annual Report 2014-15 255 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 58. PROPERTY, PLANT AND EQUIPMENT – TERRITORIAL
Property, plant and equipment includes the following classes of assets - land, buildings and plant and equipment.
Buildings include both office buildings and operational buildings.
Plant and equipment includes other mechanical and electronic equipment and furniture.
2015 2014 $’000 $’000 Land and Buildings a Land at Fair Value 22,900 23,950 Total Land Assets 22,900 23,950
Buildings at Fair Value a 54,189 58,501 Less: Accumulated Depreciation - (4,989) Total Written-Down Value of Buildings 54,189 53,512
Total Land and Written-Down Value of Buildings 77,089 77,462
Plant and Equipment Plant and Equipment at Cost 2,154 2,150 Less: Accumulated Depreciation (1,580) (1,415) Total Written-Down Value of Plant and Equipment 574 735
Total Written Down Value of Property, Plant and Equipment 77,663 78,197
a) The Territorial land and building assets were revalued as at 30 June 2015 by Independent valuer CBRE Valuations Pty Ltd. Assets within each of these classes are reported at fair value. The next valuation is scheduled for 2017-18.
256 Justice and Community Safety Directorate Annual Report 2014-15 94 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 58. PROPERTY, PLANT AND EQUIPMENT – TERRITORIAL – CONTINUED
Reconciliation of Property, Plant and Equipment 2014-15
2015 Plant and Land Buildings Equipment Total $’000 $’000 $’000 $’000 Carrying Amount at the Beginning of the Reporting Period 23,950 53,512 735 78,197 Additions - 245 5 250 Transfer (1,050) - - (1,050) Revaluation Increment - 3,112 - 3,112 Depreciation - (2,680) (166) (2,846) Carrying Amount at the End of the Reporting Period 22,900 54,189 574 77,663
Justice and CommunitySafety Directorate Reconciliation of Property, Plant and Equipment 2013-14
2014 Plant and Land Buildings Equipment Total $’000 $’000 $’000 $’000 Carrying Amount at the Beginning of the Reporting Period 23,950 55,894 871 80,715 Additions - 180 54 234 Depreciation - (2,562) (190) (2,752) Carrying Amount at the End of the Reporting Period 23,950 53,512 735 78,197 AnnualReport 2014-15 257
95
C. FINANCIAL MANAGEMENT REPORTING Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 58. PROPERTY, PLANT AND EQUIPMENT – TERRITORIAL – CONTINUED
Fair Value Hierarchy
The directorate is required to classify property, plant and equipment into a Fair Value Hierarchy that reflects the significance of the inputs used in determining their fair value. The Fair Value Hierarchy is made up of the following three levels:
Level 1 – quoted prices (unadjusted) in active markets for identical assets or liabilities that the Directorate can access at the measurement date; Level 2 – inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly; and Level 3 – inputs that are unobservable for particular assets or liabilities.
Details of the Directorate’s property, plant and equipment at fair value and information about the Fair Value Hierarchy as at 30 June 2015 are as follows:
2015 Classification According to Fair Value Hierarchy Level 1 Level 2 Level 3 Total $’000 $’000 $’000 $’000 Property, Plant and Equipment at Fair Value
Land - 22,900 - 22,900 Buildings - - 54,189 54,189 - 22,900 54,189 77,089
Details of the Directorate’s property, plant and equipment at fair value and information about the Fair Value Hierarchy as at 30 June 2014 are as follows:
2014 Classification According to Fair Value Hierarchy Level 1 Level 2 Level 3 Total $’000 $’000 $’000 $’000 Property, Plant and Equipment at Fair Value
Land - 23,950 - 23,950 Buildings - - 53,512 53,512 - 23,950 53,512 77,462
Transfers between Categories
There have been no transfers between Levels 1, 2 and 3 during the reporting period.
Valuation Techniques, Inputs and Processes
Level 2 Valuation Techniques and Inputs
Valuation Technique: The valuation technique used to value land is the market approach which values a selection of land with similar approximate utility.
Inputs: Prices and other relevant information generated by market transactions involving comparable land were considered. Regard was taken of the Crown Lease terms and tenure, the Australian Capital Territory Plan and the National Capital Plan, where applicable, as well as current zoning.
258 Justice and Community Safety Directorate Annual Report 2014-15 96 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 58. PROPERTY, PLANT AND EQUIPMENT – TERRITORIAL – CONTINUED
Level 3 Valuation Techniques and Inputs
Valuation Technique: Buildings were considered specialised assets by the valuer and measured using the cost approach that reflects the cost to a market participant to construct assets of comparable utility adjusted for depreciation. For Buildings, historical cost per square metre of floor area was also used in measuring fair value.
Inputs: In determining the value of building assets, regard was given to the age and condition of the assets, their estimated replacement cost and current use. This required the use of data internal to Justice and Community Safety Directorate.
There has been no change to the above valuation techniques during the year. REPORTING MANAGEMENT FINANCIAL C.
Transfers in and out of a fair value level are recognised on the date of the event or change in circumstances that caused the transfer.
97 Justice and Community Safety Directorate Annual Report 2014-15 259 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 58. PROPERTY, PLANT AND EQUIPMENT – TERRITORIAL – CONTINUED
Fair Value Measurements Using Significant Unobservable Inputs (Level 3)
Buildings 2015 $’000 Fair Value at the Beginning of the Reporting Period 53,512 Additions 245 Revaluation increments recognised in Other Comprehensive Income 3,112 Depreciation (2,680) Fair Value at the End of the Reporting Period 54,189
Fair Value Measurements Using Significant Unobservable Inputs (Level 3) Buildings 2014 $’000
Fair Value at the Beginning of the Reporting Period 55,894 Additions 180 Depreciation (2,562) Fair Value at the End of the Reporting Period 53,512
Information about significant unobservable inputs (Level 3) in fair value measurements
Range of Unobservable Inputs Relationship of Fair Value as at 30 June Significant (Weighted Average) Unobservable Inputs Item 2015 2014 Unobservable Inputs 2015 2014 to Fair Value $'000 $'000 Valuation Technique: Depreciated Replacement Cost
Greater consumption Consumed economic of economic benefit or 1.66% - 14% 1% - 20% per year benefit / increased per year (1.92% per year) obsolescence of asset obsolescence lowers fair value Buildings $54,189 $53,512
Historical cost per $2,000- $10,000 Higher historical cost 2 $2,467- $4,975 square metre (m ) per square metre per square metre per m2 floor area ($4,474 per m2) increases fair value
260 Justice and Community Safety Directorate Annual Report 2014-15 98 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 59. CAPITAL WORKS IN PROGRESS – TERRITORIAL
Capital Works In Progress are assets being constructed over periods of time in excess of the present reporting period. These assets often require extensive installation work or integration with other assets, and contrast with simpler assets that are ready for use when acquired, such as motor vehicles and equipment.
Capital Works in Progress are not depreciated as the Directorate is not currently deriving any economic benefits from them.
The following capital works projects had not been completed at the end of the reporting period:
REPORTING MANAGEMENT FINANCIAL C. 2015 2014 $’000 $’000 Buildings a 62 14 Total Capital Works in Progress 62 14 a) The increase of $0.05m is due to increased upgrade works associated with ACT Policing facilities.
Reconciliation of Capital Works in Progress 2014-15 Plant and Buildings Equipment Works in Works in Progress Progress Total $’000 $’000 $’000 Carrying Amount at the Beginning of the Reporting Period 14 - 14 Additions 293 5 298 Capital Works in Progress Completed and Transferred to Property, Plant and Equipment (245) (5) (250) Carrying Amount at the End of the Reporting Period 62 - 62
Reconciliation of Capital Works in Progress 2013-14 Plant and Buildings Equipment Works in Works in Progress Progress Total $’000 $’000 $’000 Carrying Amount at the Beginning of the Reporting Period 2 - 2 Additions 192 54 246 Capital Works in Progress Completed and Transferred to Property, Plant and Equipment (180) (54) (234) Carrying Amount at the End of the Reporting Period 14 - 14
99 Justice and Community Safety Directorate Annual Report 2014-15 261 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 60. PAYABLES – TERRITORIAL
2015 2014 $’000 $’000 Current Payables Trade Payables 1 773 Accrued Expenses 8 12 Goods and Services Tax Payable - 119 Total Current Payables a 9 904
Payables are Aged as Follows: Not Overdue 9 904 Total Payables a 9 904
Classification of ACT Government/Non-ACT Government Payables
Payables with ACT Government Agencies Trade Payables - - Accrued Expenses - - Total Payables with ACT Government Agencies - -
Payables with Non-ACT Government Entities Trade Payables 1 773 Accrued Expenses 8 12 Goods and Services Tax Payable - 119 Total Payables with Non-ACT Government Entities 9 904 Total Payables a 9 904
a) The decrease of $0.9m from 2014 predominately relates to the transfer of the Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement changes from 15 December 2014.
262 Justice and Community Safety Directorate Annual Report 2014-15 100 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 61. EMPLOYEE BENEFITS - TERRITORIAL
2015 2014 Current Employee Benefits $’000 $’000 Accrued Salaries 26 23 Total Current Employee Benefits 26 23
Total Employee Benefits 26 23
NOTE 62. OTHER LIABILITIES – TERRITORIAL REPORTING MANAGEMENT FINANCIAL C.
Current Other Liabilities Payable to the Territory Banking Account 3,047 11,325 Revenue Received in Advance - 1,006 Total Current Other Liabilities a 3,047 12,331
a) The decrease of $9.3m from 2014 predominately relates to transfer of the Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement changes from 15 December 2014.
NOTE 63. ASSET REVALUATION SURPLUS - TERRITORIAL
The Asset Revaluation Surplus is used to record the increments and decrements in the value of property, plant and equipment.
Balance at the Beginning of the Reporting Period 20,598 20,598 Increment in Buildings and Improvements due to Revaluation 3,112 - Total Increase in the Asset Revaluation Surplus 3,112 - Balance at the End of the Reporting Period a 23,710 20,598 a) The Directorate revalued its Territorial land and building assets as at 30 June 2015.
101 Justice and Community Safety Directorate Annual Report 2014-15 263 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 64. DISAGGREGATED INCOME AND EXPENSE – TERRITORIAL
The following table sets out the Directorate’s Territorial disaggregated Income and Expense:
Output Class 1 - General/ Total ACT Policing Not Attributable
Actual Actual Actual Actual Actuala Actual 2015 2014 2015 2014 2015 2014 $’000 $’000 $’000 $’000 $’000 $’000 Territorial Income Payment for Expense on Behalf of the Territory 153,580 152,813 8,753 6,953 162,333 159,766 Fees and Fines - - 89,293 176,621 89,293 176,621 User Charges - Non-ACT Government - - 6,647 13,665 6,647 13,665 Other Revenue - - 3,870 4,430 3,870 4,430 Total Territorial Income 153,580 152,813 108,563 201,669 262,143 354,482
Territorial Expenses Employee Expenses - - 977 932 977 932 Supplies and Services 153,580 152,813 7,676 5,860 161,256 158,673 Transfer to Government - - 99,810 191,988 99,810 191,988 Depreciation 2,846 2,752 - - 2,846 2,752 Other Expenses 1,050 - 374 3,046 1,424 3,046 Total Territorial Expenses 157,476 155,565 108,837 201,826 266,313 357,391
a) Decrease from 2014 predominately relates to transfer of Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement (AA) changes from 15 December 2014; partially offset by additional funding and related cost for ACT Policing and Territorial Legal matters.
264 Justice and Community Safety Directorate Annual Report 2014-15 102 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 65. RESTRUCTURE OF ADMINISTRATIVE ARRANGEMENTS - TERRITORIAL
Restructures of Administrative Arrangements 2014-15 On 15 December 2014, a restructuring of administrative arrangements occurred between the Directorate and Chief Minister, Treasury and Economic Development Directorate (CMTEDD) involving the Office of Regulatory Services (ORS). Please refer to Note 35: Restructure of Administrative Arrangements for details of this transfer. Income and Expenses The following table shows the Territorial income and expenses associated with the ORS recognised by the Justice and Community Safety Directorate (JACSD) up to 14 December 2014. It also shows the income and expenses for the period REPORTING MANAGEMENT FINANCIAL C. between 15 December 2014 and 30 June 2015 after the ORS was transferred to Access Canberra within CMTEDD. These income and expense figures were agreed by both the Directorate and CMTEDD to provide the total Territorial income and expenses relating to the transferred functions for the whole financial year. Amounts Relating to Amounts Relating to Function when held Function when held by JACSD by CMTEDD Total 1 July 2014 to 14 Dec 2014 15 Dec 2014 to 30 June 2015 2015 $’000 $’000 $’000 Revenue Payments for Expenses on Behalf of the Territory 144 113 257 User Charges - Non-ACT Government 6,647 25 6,672 Taxes Fees and Fines 83,954 105,259 189,213 Other Revenue 679 1,277 1,956 Total Revenue 91,424 106,674 198,098
Expenses Transfer to Government 91,280 103,693 194,973 Supplies and Services 177 37 214 Grants and Purchased Services - 97 97 Other Expenses - 2,847 2,847 Total Expenses 91,457 106,674 198,131
Assets and Liabilities The assets and liabilities transferred as part of the restructuring of administrative arrangements at the dates of transfer were as follows: Transferred Amounts 2015 $’000 Assets Receivables 11,271 Total Assets Transferred 11,271
Liabilities Payables 1,143 Other Liabilities 10,128 Total Liabilities Transferred 11,271
Total Net Assets Transferred -
103 Justice and Community Safety Directorate Annual Report 2014-15 265 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 66. CASH FLOW RECONCILIATION – TERRITORIAL
a) Reconciliation of Cash and Cash Equivalents at the End of the Reporting Period in the Cash Flow Statement on Behalf of the Territory to the Related Items in the Statement of Assets and Liabilities on Behalf of the Territory.
2015 2014 $’000 $’000
Cash at Bank 149 3,774 Cash and Cash Equivalents at the End of the Reporting Period as Recorded in the Cash Flow Statement 149 3,774
b) Reconciliation of Net Cash (Outflows) from Operating Activities to Operating (Deficit)
Operating (Deficit) (4,170) (2,909) Add Non-Cash Items Depreciation of Property, Plant and Equipment 2,846 2,752 Loss from the Transfer of Non-Current Assets 1,050 - Cash Before Changes in Operating Assets and Liabilities (274) (157)
Changes in Operating Assets and Liabilities Decrease/(Increase) in Receivables 6,758 (1,586) (Decrease)/Increase in Payables (896) 22 (Decrease)/Increase in Other Liabilities (9,285) 1,293 Increase in Employee Benefits 3 3 Net Transfers of Operating Assets and Liabilities (3,420) (268)
Net Cash (Outflows) from Operating Activities (3,694) (425)
266 Justice and Community Safety Directorate Annual Report 2014-15 104 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 67. FINANCIAL INSTRUMENTS – TERRITORIAL
Details of the significant policies and methods adopted, including the criteria for recognition, the basis of measurement, and the basis on which income and expenses are recognised, with respect to each class of financial asset and financial liability are disclosed in Note 44 Summary of Significant Accounting Policies Territorial.
Interest Rate Risk Interest rate risk is the risk that the fair value or future cash flows of a financial instrument will fluctuate because of changes in market interest rates.
The Territorial account currently has its financial assets and financial liabilities held in non-interest bearing accounts. This C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C. means that the Territorial Account is not exposed to any movements in interest rates, and as such does not have any interest rate risk.
A sensitivity analysis has not been undertaken for the interest rate risk of the Directorate as it is not exposed to movements in interest rates.
Credit Risk Credit risk is the risk that one party to a financial instrument will fail to discharge an obligation and cause the other party to incur a financial loss. The Directorate's credit risk is limited to the amount of the financial assets it holds net of any allowance for impairment. The Directorate expects to collect all financial assets that are not past due or impaired. There is no collateral held as security for financial assets.
Credit risk is managed by the Directorate for receivables by undertaking an analysis of the concentration of credit risk. The majority of the Territorial receivables are Courts related following the transfer of Transport Regulation and Parking Operations functions as part of the Office Regulatory Services to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) following Administrative Arrangement changes from 15 December 2014.
An analysis of total receivables is undertaken to assess collectability by debt recovery measures and/or payment by instalments, or where appropriate recognition of impairment loss. The Courts may determine other recovery or penalty measures. Total receivables amounts are dispersed amongst a large number of debtors, therefore no significant concentration of credit risk that has been identified by the Directorate for Territorial receivables.
The Directorate's credit risk exposure is minimal following the 15 December 2014 AA changes given the majority of the Directorate’s fees and fines receivables were transferred to CMTEDD.
Liquidity Risk Liquidity risk is the risk that the Directorate will encounter difficulties in meeting obligations associated with financial liabilities that are settled by delivering cash or another financial asset. To limit its exposure to liquidity risk, the Directorate ensures that, at any particular point in time, it has a sufficient amount of current financial assets to meet its current financial liabilities. Also where necessary the Directorate has the ability to request additional appropriation in order to meet its Territorial payables. This ensures the Directorate has enough liquidity to meet its emerging financial liabilities. As a result, the Directorate's liquidity risk is not considered to be material.
The Directorate’s exposure to liquidity risk and the management of this risk has not changed since the previous reporting period.
Price Risk Price risk is the risk that the fair value or future cash flows of a financial instrument will fluctuate because of changes in market prices (other than those arising from interest rate risk or currency risk), whether these changes are caused by factors specific to the individual financial instrument or its issuer, or factors affecting all similar financial instruments traded in the market.
The Territorial account holds no financial instruments that are subject to market price movements, and as a result, is not considered to have any price risk. Accordingly, a sensitivity analysis has not been undertaken.
105 Justice and Community Safety Directorate Annual Report 2014-15 267 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 67. FINANCIAL INSTRUMENTS – TERRITORIAL – CONTINUED
Fair Value of Financial Assets and Liabilities The carrying amounts and fair values of financial assets and liabilities at balance date are:
Carrying Fair Carrying Fair Amount Value Amount Value 2015 2015 2014 2014 $’000 $’000 $’000 $’000
Financial Assets Cash and Cash Equivalents 149 149 3,774 3,774 Receivables a 1,213 1,213 1,634 1,634 Total Financial Assets a, c 1,362 1,362 5,408 5,408
Financial Liabilities Payables b 9 9 785 785 Total Financial Liabilities c 9 9 785 785
a) Financial Assets exclude statutory receivables predominately court fines and GST receivable in 2015. In 2014, Courts, transport and parking related fines were excluded from statutory receivables. b) In 2014, Financial Liabilities exclude GST payable. c) Reduction from 2014 mainly relates to the transfer of the Office of Regulatory Services to Access Canberra within Chief Minister, Treasury and Economic Development Directorate from 15 December 2014.
Fair Value Hierarchy The Territorial financial assets and financial liabilities are measured, subsequent to initial recognition, at amortised costs, therefore no fair value hierarchy disclosures have been made.
268 Justice and Community Safety Directorate Annual Report 2014-15 106 Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 67. FINANCIAL INSTRUMENTS – TERRITORIAL – CONTINUED
The following table sets out the Directorate's maturity analysis for financial assets and liabilities as well as the exposure to interest rates, including the weighted average interest rates by maturity period as at 30 June 2015. All financial assets and liabilities which are non-interest bearing will mature in one year or less. All amounts appearing in the following maturity analysis are shown on an undiscounted cash flow basis.
Weighted Average Floating Fixed Interest Maturing In: 2015 Note Interest Interest 1 Year Over 1 Year Over Non-Interest No. Rate Rate or Less to 5 Years 5 Years Bearing Total $’000 $’000 $’000 $’000 $’000 Financial Instruments
Financial Assets Cash and Cash Equivalents 56 - - - - - 149 149
Justice and CommunitySafety Directorate Receivables a 57 - - - - - 1,213 1,213 Total Financial Assets - - - - 1,362 1,362
Financial Liabilities Payables 60 - - - - - 9 9 Total Financial Liabilities - - - - 9 9
Net Financial Assets / (Liabilities) - - - - 1,353 1,353
a) Financial Assets exclude statutory receivables predominately court fines and GST receivables. Statutory receivables associated with traffic and parking infringement notices were transferred to Access Canberra within Chief Minister, Treasury and Economic Development Directorate as part of 15 December 2014 Administrative Arrangement changes.
AnnualReport 2014-15 269
107
C. FINANCIAL MANAGEMENT REPORTING 270 Justice and CommunitySafety Directorate Justice and Community Safety Directorate Notes to and Forming Part of the Financial Statements For the Year Ended 30 June 2015 Hidden words NOTE 67. FINANCIAL INSTRUMENTS – TERRITORIAL – CONTINUED
The following table sets out the Directorate’s maturity analysis for financial assets and liabilities as well as the exposure to interest rates, including the weighted average interest rates by maturity period as at 30 June 2014. All financial assets and liabilities which are non-interest bearing will mature in one year or less. All amounts appearing in the following maturity analysis are shown on an undiscounted cash flow basis.
AnnualReport 2014-15 Weighted Average Floating Fixed Interest Maturing In: 2014 Note Interest Interest 1 Year Over 1 Year Over Non-Interest No. Rate Rate or Less to 5 Years 5 Years Bearing Total $’000 $’000 $’000 $’000 $’000 Financial Instruments
Financial Assets Cash and Cash Equivalents 56 - - - - - 3,774 3,774 Receivables a 57 - - - - - 1,634 1,634 Total Financial Assets - - - - 5,408 5,408
Financial Liabilities Payables b 60 - - - - - 785 785 Total Financial Liabilities - - - - 785 785
Net Financial Assets / (Liabilities) - - - - 4,623 4,623
a) In 2014, Financial Assets exclude statutory receivables such as court fines, traffic and parking infringement notices. b) Financial Liabilities exclude GST payable.
108 Hidden words
NOTE 67. FINANCIAL INSTRUMENTS – TERRITORIAL – CONTINUED
2015 2014 Carrying Amount of Each Class of Financial Asset and Financial Liability $’000 $’000 Financial Assets Receivables a 1,213 1,634 Financial Liabilities Financial Liabilities Measured at Amortised Cost 9 785 a) Financial Assets exclude statutory receivables such as court fines, traffic and parking infringement notices. Statutory receivables associated with traffic and parking infringement notices were transferred to Access Canberra within Chief
Minister, Treasury and Economic Development Directorate as part of 15 December 2014 Administrative Arrangement REPORTING MANAGEMENT FINANCIAL C. changes.
Gains/(Losses) on Each Category of Financial Asset and Financial Liability There were no gains or losses on financial assets and financial liabilities during the reporting period.
NOTE 68. COMMITMENTS – TERRITORIAL
Other Commitments
Other Commitments contracted at reporting date that have not been recognised as liabilities, are payable as follows:
Within One Year 154,438 152,330 Later than one year but not later than five years - 153,350 Later than five years - - Total Other Commitments a 154,438 305,680 a) The Commitment relates to the 2011-2016 Policing Arrangement.
NOTE 69. CONTINGENT LIABILITIES AND CONTINGENT ASSETS – TERRITORIAL
The ACT Government Solicitor is acting for the Directorate in relation to unresolved legal matters. The likely contingent liability relating to this for the Directorate Territorial account is approximately $0.03m. There were nil contingent assets as at 30 June 2015.
There were no indemnities as at 30 June 2015.
NOTE 70. EVENTS OCCURING AFTER BALANCE DATE – TERRITORIAL
There were no events occurring after the balance date, which would affect the financial statements as at 30 June 2015.
109 Justice and Community Safety Directorate Annual Report 2014-15 271 Hidden words
NOTE 71. BUDGETARY REPORTING – TERRITORIAL – EXPLANATIONS OF MAJOR VARIANCES BETWEEN ACTUAL AMOUNTS AND ORIGINAL BUDGET AMOUNTS
The following are brief explanations of major line item variances between budget estimates and actual outcomes. Variances are considered to be major variances if both of the following criteria are met: (a) The line item is a significant line item: the line item actual amount accounts for more than 10% of the relevant associated category (Income, Expenses and Equity totals) or sub-element (e.g. Current Liabilities and Receipts from Operating Activities totals) of the financial statements; and
(a) The variances (original budget to actual) are greater than plus (+) or minus (-) 10% of the budget for the financial statement line item.
Statement of Income and Expenses on Behalf of The Actual Original 1 Variance Variance Territory Line Items 2014-15 Budget $’000 2014-15 $’000 % $’000 Fees and Fines a 89,293 190,256 (100,963) (53.1) Transfers to Government a 99,810 209,790 (109,980) (52.4)
1 Original Budget refers to the amounts presented to the Legislative Assembly in the original budgeted financial statements in respect of the reporting period (2014-15 Budget Statements). These amounts have not been adjusted to reflect supplementary appropriation or appropriation instruments.
Explanation a) Lower fees and fines of $101m from Original Budget mainly relates to the transfer of the Office of Regulatory Services (ORS) functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate (CMTEDD) following Administrative Arrangement (AA) changes from 15 December 2014.
Statement of Assets and Liabilities on Behalf of The Actual Original 1 Variance Variance Territory Line Items 2014-15 Budget $’000 2014-15 $’000 % $’000 Receivables b 3,709 8,268 (4,559) (55.1) Other Liabilities b 3,046 11,039 (7,993) (72.4)
Statement of Changes in Equity These line items are covered in other financial statements
1 Original Budget refers to the amounts presented to the Legislative Assembly in the original budgeted financial statements in respect of the reporting period (2014-15 Budget Statements). These amounts have not been adjusted to reflect supplementary appropriation or appropriation instruments.
Explanation b) Lower Receivable and Other Liabilities from Original Budget mainly relates to the transfer of the ORS functions to Access Canberra within CMTEDD following AA changes from 15 December 2014.
110
272 Justice and Community Safety Directorate Annual Report 2014-15 Hidden words
NOTE 71. BUDGETARY REPORTING – TERRITORIAL – EXPLANATIONS OF MAJOR VARIANCES BETWEEN ACTUAL AMOUNTS AND ORIGINAL BUDGET AMOUNTS – CONTINUED
Actual Original Cash Flow Statement on Behalf of the Territory Line Items Variance Variance 2014-15 Budget1 $’000 2014-15 $’000 % $’000 Fees and Fines a 85,075 190,256 (105,181) (55.3) Transfer of Territory Receipts to the ACT Government a 98,005 210,420 (112,415) (53.4)
1 Original Budget refers to the amounts presented to the Legislative Assembly in the original budgeted financial statements in respect of the reporting period (2014-15 Budget Statements). These amounts have not been adjusted to reflect supplementary appropriation or appropriation instruments. C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Explanation a) Lower 2014-15 Actual than Original Budget mainly relates to the transfer of the Office of Regulatory Services functions to Access Canberra within Chief Minister, Treasury and Economic Development Directorate following Administrative Arrangement changes from 15 December 2014.
111
Justice and Community Safety Directorate Annual Report 2014-15 273 C.3 CAPITAL WORKS
The JACS Directorate continued to deliver The ACT Government provided $5.646m successful capital works outcomes during in funding over five years in the 2013–14 the year which has strengthened its ability to Supplementary Appropriation for work in support the provision of services to the ACT support of the Territory’s first PPP, the New community through its business units. ACT Courts Project. The PPP will redevelop the Supreme Court building and link it with the The South Tuggeranong Fire & Rescue Station existing Magistrates Court building to provide was completed, becoming operational in an integrated courts facility. The procurement March 2015, enhancing the ability of the ESA of the new courts facility has commenced, to meet response demand in the Lanyon with the Territory in an interactive bidding Valley. The project was completed on time phase with two proponents, experienced and under budget with the saving returned in PPP infrastructure projects and chosen to Government. from a competitive process. Completion of Final sketch plans for a new Ambulance the process to identify a preferred bidder is and Fire & Rescue station in Aranda were expected in December 2015 with construction completed in 2013–14 with all planning to begin in early 2016. The project is expected and design approvals achieved. The new to be completed in 2018. co-located station will replace the current Funding was also provided for an upgrade Belconnen stations which do not meet of the incident management area at the ESA current standards. Funding was provided Headquarters, Fairbairn. This update was in the 2014–15 Budget and construction for improvements to address functionality, commenced in February 2015 with site capacity, acoustic performance and response preparations and significant services capability of the ESA ComCen. This was diversions. The building is expected to be completed in early 2015. completed by mid 2016. The Directorate’s Capital Upgrade Program Detailed design works for Phase 2 of the also achieved a number of successful SURP were completed for sites prioritised by outcomes for the Directorate’s business units, ESA. This will inform future budget bids for including upgrades to facilities for ACT Law construction of new or upgraded facilities to Courts and Tribunal, the ESA, ACTCS and meet the needs of the community. Corporate. The JACS Directorate leads the way Funding was provided in the 2014–15 in implementation of sustainability measures Budget for the construction of additional at its facilities, with over $200 000 provided facilities in the AMC to meet current and to fund energy efficiency improvements projected demand. The project includes a across the portfolio. This has included the 30 cell Special Care Unit and a 56 Cell/80 installation of LED lighting to the exterior Bed Accommodation Unit, both of which are areas of the AMC which has delivered a in construction. Completion of the Special significant energy use reduction in a 24/7 Care Unit is expected in late 2015 and the operational facility and the installation of Accommodation Unit by mid 2016. The project solar panels and monitoring system at the is on track to deliver excellent outcomes in the Forensic Medical Centre. AMC. The project is being delivered under the Territory’s first Managing Contractor contract.
274 Justice and Community Safety Directorate Annual Report 2014-15 Table 44 – The Capital Works Reconciliation Schedule for 2014-15
Directorate Territorial $’000 $’000 Reconciliation of Total Current Year Financing Current Year Capital Works Financing 54 986 246 Add: Financing for other Capital Projects 23 001 0 Add: Financing for supplementation for additional pay period in 2015- 8 161 38 16 Less: Net Movement - Rollovers, Savings and Reprofiling -30 596 80 REPORTING MANAGEMENT FINANCIAL C. Less: Net Movement - Administrative Restructuring -2 866 0 Capital Injections as per Cashflow Statement 52 686 364 Reconciliation of Total Current Year Expenditure to Capital Injection Current Year Capital Works Expenditure 40 508 293 Add: Capital Injections relating to other Capital Projects 8 263 0 Add: Capital Injections relating to supplementation for additional pay 8 161 38 period in 2015-16 Add: Capital Injections relating to Prior Year’s Expenditure 1 309 28 Add: Capital Injections relating operating expenditure 77 0 Less: Other Works Expenditure not funded by Capital Injection -5 632 5 Capital Injections as per Cashflow Statement 52 686 364 Reconciliation of Total Current Year Expenditure to Purchases of PPE Current Year Capital Works Expenditure 40 508 293 Add: Other Works Expenditure funded by Capital Injection 8 263 0 Less: Net Accrued Capital Expenses and Other Movements -4 626 2 Total Payments from Investing Activities as per Cashflow 44 145 295 Statement
Justice and Community Safety Directorate Annual Report 2014-15 275 276 Justice and CommunitySafety Directorate
Table 45 – Capital Works Management Table For 2014-15
Completion Date Project Value Prior Year 2014-15 Total Program Original Revised Expenditure Expenditure Expenditure Directorate and Territorial Projects Year Original Revised $’000 $’000 $’000 $’000 $’000 Commentary New Works
AnnualReport 2014-15 Directorate AMC Additional Facilities 2014-15 Jun-16 Jun-16 54 090 54 090 0 21 624 21 624 Works in progress Stations Upgrade and 2014-15 Feb-16 Mar-16 18 864 18 864 0 2 885 2 885 Works in progress Relocation-Aranda ESA Incident 2014-15 Jun-15 Jan-15 424 424 0 414 414 Physically and Management Upgrades financially complete DPP Work Safety 2014-15 Jan-15 Mar-15 27 27 0 26 26 Physically and Prosecutions Unit financially complete Capital Upgrades Program Directorate Directorate Projects 2014-15 Jun-15 Jun-16 798 798 0 670 670 Works in Progress - most works are complete, balance of work is scheduled to be completed in 2015-16 ESA Facilities Upgrades, 2014-15 Jun-15 Jun-16 306 306 0 293 293 Works in Progress Security and OH&S - most works are Upgrades complete, balance of work is scheduled to be completed in 2015-16 Territorial Completion Date Project Value Prior Year 2014-15 Total Program Original Revised Expenditure Expenditure Expenditure Directorate and Territorial Projects Year Original Revised $’000 $’000 $’000 $’000 $’000 Commentary ACT Policing and 2014-15 Jun-15 Jun-15 246 246 0 241 241 Physically complete Security Upgrades Prior Year Works (Including Completed Works in 2014-15) Directorate ESA Station Upgrade 2013-14 Nov-14 Mar-15 17 360 17 360 1 591 9 981 11 572 Physically complete and Relocation – South Tuggeranong Station Alexander Maconochie 2013-14 Jun-14 Feb-15 3 000 5 777 3 013 461 3 474 Physically complete Centre Additional Facilities (Design) New ACT Court Facilities 2013-14 Mar-18 Mar-18 0 5 646 168 2 806 2 974 Works in progress ESA Station Upgrade 2012-13 Dec-13 Oct-13 21 318 16 078 15 631 119 15 750 Physically and and Relocation – financially complete Charnwood Station ESA Station Upgrade 2012-13 Jun-13 Jun-16 1 650 2 690 1 082 363 1 445 Works in progress Justice and CommunitySafety Directorate and Relocation – Phase 2 Due Diligence AMC Crisis Support Unit 2012-13 Dec-13 Sep-14 588 588 50 299 349 Physically and Upgrade financially complete New Court Facilities 2009-10 Aug-10 Jun-15 4 000 3 250 3 111 139 3 250 Physically complete (Design and PPP Scoping) Alexander Maconochie 2004-05 Oct-07 Jun-16 128 700 134 533 132 450 429 132 879 Physically complete, not Centre Project financially complete Territorial AnnualReport 2014-15 ACT Policing and 2013-14 Jun-14 Dec-14 240 240 188 52 240 Physically and Security Upgrades financially complete 277
C. FINANCIAL MANAGEMENT REPORTING C.4 ASSET MANAGEMENT
Asset Management
In accordance with the ACT Government Asset Management Strategy and the Financial Management Act 1996, the Directorate managed assets with a total value of $424.7m as at 30 June 2015. A breakdown of this figure is provided in the table below:
Directorate Territorial Total Total Units Asset Appropriate for the $’000 $’000 $’000 Measure Directorate Land 35 080 22 900 57 980 Area 994 463 m2 Buildings 213 095 54 189 267 284 Number of 98 properties Leasehold Improvements 19 131 - 19 131 Number of 27 properties Plant and Equipment 28 860 574 29 434 Number of plant 724 and equipment Community and 2 282 - 2 282 Number of 2 and Heritage Assets properties and area 1 864m2 Total Property, Plant and 298 448 77 663 376 111 Equipment Software 1 238 - 1 238 Number of Assets 21 Capital Works in Progress 47 251 62 47 313 Total Non-Current Assets 346 937 77 725 424 662
278 Justice and Community Safety Directorate Annual Report 2014-15 During 2014–2015 the following assets were added to the Directorate’s asset register.
No Asset Class Asset Details 2 Land Land at Conder and Calwell transferred from Land Development Agency (LDA) for the South Tuggeranong Fire and Rescue Station 18 Building South Tuggeranong Fire and Rescue station, Snowy Hydro Southcare Training and Administration Centre, Charnwood co-located ambulance and fire rescue station - landscape works and security upgrades, AMC - Energy Efficiency and Crisis Support Unit upgrades, Forensic Medical Centre - Energy Efficiency upgrades, Supreme Court - video conferencing and fire
and excavation system upgrades and ESA- facilities upgrades REPORTING MANAGEMENT FINANCIAL C. 11 Leasehold Fit out for ACT Supreme and Magistrates Courts, ESA Headquarters, ACTCS office at Eclipse House, Director of Public Prosecutions office, various levels, 12 Moore Street, Level 1, North Building and Level 4, 1 Moore Street 33 Plant and Includes 9 vehicles, 23 items of various operational equipment and one item Equipment in the category of furniture and fittings 16 Vehicles Leased Vehicles leased includes vehicles under finance lease 7 Communications Includes ESA Computer Aided Dispatch, live television infrastructure, various radio and mobile data system assets 3 Computer Software Includes system and databases for ACT Sentencing database for the Courts, ESA Asset Management and Kronos roster systems 90
During 2014–2015 the following assets were removed from the Directorate’s asset register:
No Reason for Disposal 3 Transfer of old Belconnen Remand Centre, Belconnen Police Station and ESA Charnwood Land assets to LDA
3 Transfer of old Belconnen Remand Centre, Belconnen Police Station and ESA Charnwood Buildings to LDA 1 Disposal of leasehold improvements at Fairbairn Air Support Operations Centre 119 Change of lease arrangement from finance to operating for leased vehicles 57 Includes retirement of 14 vehicles, 40 plant and equipment 1 furniture and fittings and 2 communication equipment 183
Note: The above asset retirement/disposals do not include the transfer of ORS assets to Access Canberra within CMTEDD following Administrative changes from 15 December 2014 and the transfer of assets to the ACT Electoral Commission following AA changes from 1 July 2014.
Leasehold Computer Improvements PPE Software Total ORS 4 74 12 90 ACT Electoral Commission 1 2 8 11 Total 5 76 20 101
Justice and Community Safety Directorate Annual Report 2014-15 279 Assets Maintenance and Upgrade
Asset upgrades (not including works funded and reported through the capital works program) completed during 2014–15 were:
NBV Asset Category $’000 % ($’000) Land 136 0% 35 080 Buildings and Leasehold Improvements 2 370 1% 234 508 Note 1 Plant and Equipment 2 647 9% 28 860 Note 2 Total R&M Expenses 5 153 2% 298 448
Note 1: Includes buildings, leasehold improvements, community and heritage assets. Note 2: The decrease in the net book value for Plant and Equipment is mainly due to transfer of Office of Regulatory Services and ACT Electoral Commission’s assets following the Administrative Arrangement changes and the de-recognition of motor vehicle leases as finance leases.
The expenditure on repairs and maintenance for the Directorate was $298.4m which represented 2% per cent of the asset replacement value.
Office Accommodation
The Directorate employs 547 employees occupying 10 875.18m2 at the following sites identified in the table below. The average area occupied by each employee is 16.9m2.
A further 1 038 staff (FTE) are employed in non-office environments. These include staff located at: • emergency services sites (i.e. ambulance, fire, rural fire and state emergency service); and • custodial sites (i.e. AMC, PDC and ACT Magistrates Court)
Staff Nos. by Head Usable Owned/ Business Count as at Area Office Utilisation Location Property Leased Unit 17 June 2015 (m2) Area Rate (m2) Civic 12 Moore Leased Various 272 5 458.50 4 586.50 16.9 Street Civic Eclipse Leased Corrective 125 2 286.00 1 830.00 14.6 House Grd, Services L1, L2 Civic Reserve Leased Director 74 1 600.10 1 600.10 21.6 Bank Grd, of Public L1, L2 Prosecution Civic 221 London Leased Public 43 620.00 620.00 14.4 Cct Trustee Civic 1 Moore Leased Victim 18 499.28 285.50 15.9 Street Support ACT Civic North Leased Capital 17 411.30 315.62 18.6 Building Works & Infrastructure
280 Justice and Community Safety Directorate Annual Report 2014-15 C.5 GOVERNMENT CONTRACTING
Procurement Principles and The following contracts for works and Processes services, including consultancy type contracts were managed by the Directorate during the reporting period. Procurement governance
The Directorate ensures that prior to REPORTING MANAGEMENT FINANCIAL C. The Directorate has continued to build a engagement all building contractors hold strong working relationship with Procurement and maintain a current Industrial Relations and Capital Works – Chief Minister, Treasury and Employment Certificate (IRE Certificate) and Economic Development Directorate in compliant with the ACT Governments order to ensure that staffs are aware of the Industrial Relations and Employment ACT Procurement Guidelines and continue to Obligations Strategy. The Directorate adhere to the Government Procurement Act inspects the contractors’ IRE Certificate or 2001, Government Procurement Regulation Procurement and Capital Works is consulted 2007 and the Government Procurement to verify certificate validity. (Transparency in Spending) Amendment Act 2015. Social Procurement
The Capital Works and Infrastructure The Directorate has supported the Business Unit has established a dedicated Government’s commitment to social team of officers to develop and implement procurement and has implemented and Procurement and Contract Management continued various community based services process within the Directorate and to and initiatives. provide high level assistance and advice to all Directorate staff and management as required.
Procurement activity was focused on delivering the strategic objectives of the Directorate, particularly the delivery of capital works and other services (including legal counsel and investigators).
Justice and Community Safety Directorate Annual Report 2014-15 281 282 Justice and CommunitySafety Directorate
Exemption from Small to Quotation and Medium Procurement Social Procurement Tender Threshold Contract Execution Enterprise Contract Title Methodology Procurement Type Requirements Contractor Name Amount Date Expiry Date (SME) Home Safety Program Quotations No Services (non- No SupportLink $115 500.00 25/07/2014 31/12/2015 No consultancy) Australia Limited
Purchase of Dairy Products Public No Goods No Capitol Chilled $400 000.00 11/07/2014 10/07/2017 No AnnualReport 2014-15 and Eggs Foods (Australia) Pty Ltd
Purchase of Meat and Public No Goods No Valehand Pty Ltd $400 000.00 08/07/2014 07/07/2017 Yes Smallgoods
Supply and install LED Quotations No Goods No Solutions Energy $26 832.85 07/07/2014 07/07/2019 No lighting to COMCEN Services
Service Funding Agreement - Single Select No Community- No CARE INC $845 632.00 02/07/2014 02/07/2017 Yes Legal Services Based Services
Review of Siting Criteria for Quotations No Consultancy No Martin Small $47 773.00 11/05/2015 11/08/2015 No Fixed Road Safety Cameras Consulting
Development of the ACT Quotations No Consultancy No Whiting Moyne Pty $76 450.00 04/05/2015 04/11/2015 No Road Safety Education Ltd Strategy
Upgrade and Convert Quotations No Services (non- No Schiavello (ACT) $115 896.00 08/04/2015 08/07/2015 No Workstations - consultancy) Pty Ltd LPP
ACT Magistrates Court - Quotations No Goods No ADT Security $30 492.41 23/03/2015 23/04/2015 No CCTV Cameras Upgrade
ACT Legislation Register Public No Goods No Elkera Pty Limited $1 757 282.99 11/03/2015 10/03/2018 No
Provision of Chaplaincy Public No Services (non- No The Pastoral Care $423 519.00 10/03/2015 10/03/2018 Yes Coordination Services for consultancy) Council of the ACT the Alexander Maconochie Incorporated Centre (AMC) Exemption from Small to Quotation and Medium Procurement Social Procurement Tender Threshold Contract Execution Enterprise Contract Title Methodology Procurement Type Requirements Contractor Name Amount Date Expiry Date (SME) Panel of Providers for the Single Select No Community- No Layton, Megqan $0.00 10/03/2015 30/06/2016 Yes Victims Services Scheme Based Services
Services to Test and Single Select No Services (non- Yes SGS Australia Pty $117 000.00 19/02/2015 19/02/2018 Yes Calibrate all Point to Point, consultancy) Ltd Fixed, Mobile Speed and Red Light Camera Devices
Engineering Consultancy Single Select No Consultancy No Holmes $50 555.00 16/02/2015 31/10/2014 No Services - Fire Limited Inspection and Expert Partnership Report Trading as Holmes Fire
Panel of Providers for the Single Select No Services (non- No McIntyre, Emily $0.00 12/02/2015 30/06/2016 Yes Victims Services Scheme consultancy) Clare
2015 JACS Staff Survey Single Select No Consultancy Yes Best Practice $65 000.00 11/02/2015 11/02/2016 No Australia Pty Ltd Justice and CommunitySafety Directorate Engineering Consultancy Single Select No Consultancy Yes Forensic $45 100.00 21/01/2015 31/03/2015 No Services - Engineering Inspection and Expert Solutions Pty Ltd Report trading as Forensic Engineering Investigations
Finance Management Single Select No Services (non- Yes TechnologyOne Ltd $30 385.94 19/01/2015 18/01/2016 No Software Support and consultancy) Maintenance
Visualfiles Annual Single Select No Services (non- Yes Lexis Nexis $37 322.60 01/01/2015 31/12/2015 No Maintenance consultancy) AnnualReport 2014-15 283
C. FINANCIAL MANAGEMENT REPORTING 284 Justice and CommunitySafety Directorate
Exemption from Small to Quotation and Medium Procurement Social Procurement Tender Threshold Contract Execution Enterprise Contract Title Methodology Procurement Type Requirements Contractor Name Amount Date Expiry Date (SME) Open Practice Precedents Single Select No Services (non- Yes GlobalX $81 804.09 22/12/2014 30/06/2015 No and Document Management consultancy) Information and Associated Services for Services Pty Ltd System Upgrade AnnualReport 2014-15 ESA Station Upgrade and Public No Consultancy No I,P.M.S. Pty. Ltd. $427 957.00 18/12/2014 30/06/2015 No Relocation Program Phase 2 Design
Future Study on Gungahlin Public No Consultancy No APP Corporation $146 326.40 04/12/2014 30/06/2015 No Joint Emergency Services Pty Limited
Security Services Agreement Single Select No Services (non- Yes Chubb Fire and $1 712 227.00 28/11/2014 15/05/2015 No for Alexander Maconchie consultancy) Security Pty Ltd Centre Electronic Security Systems Upgrade
Panel of Providers for the Public No Services (non- No Jean- $0.00 18/11/2014 30/06/2016 Yes Victims Services Scheme consultancy) Seymour, Carmel
Courts Case Management Single Select No Goods Yes The State of $1 000 000.00 14/11/2014 13/11/2024 No System Western Australia through its Department of the Attorney General
New Ambulance and Fire Public No Works No ADCO $13 856 455.00 03/11/2014 31/12/2017 No Station - Constructions Pty Aranda Ltd
Provision of Hardcopy and Single Select No Services (non- Yes Thomson Reuters $439 748.96 30/10/2014 30/10/2017 No Online Legal Resources consultancy) (Professional) Australia LTD Exemption from Small to Quotation and Medium Procurement Social Procurement Tender Threshold Contract Execution Enterprise Contract Title Methodology Procurement Type Requirements Contractor Name Amount Date Expiry Date (SME) Provision of Hardcopy and Single Select No Services (non- Yes Thomson Reuters $115 537.00 28/10/2014 28/10/2015 No Online Legal Resources consultancy) (Professional) Australia LTD
SSRA Qinetiq Quotations No Consultancy No QinetiQ Pty. Ltd. $76 450.00 22/10/2014 05/12/2014 Yes
Territory Conveyancing Legal Public No Consultancy No Meyer Vandenberg $0.00 21/10/2014 21/10/2017 No Services Lawyers
Justice Reform Strategy Quotations No Consultancy No University of $28 490.00 15/10/2014 14/01/2015 No – Literature Review of Canberra Intensive Supervision Orders
ACT Trauma Support Service Single Select No Services (non- Yes Supportlink $55 000.00 10/10/2014 30/06/2015 Yes consultancy) Australia Limited
Territory Conveyancing Legal Public No Consultancy No Clayton Utz $0.00 03/10/2014 02/10/2017 No Services
Territory Conveyancing Legal Public No Consultancy No Minter Ellison $0.00 12/09/2014 11/09/2017 No Justice and CommunitySafety Directorate Services Lawyers
Territory Conveyancing Legal Public No Consultancy No DibbsBarker $0.00 11/09/2014 10/09/2017 No Services
Provision of a Drill Style Public No Consultancy No Noetic Solutions $147 331.10 10/09/2014 15/01/2015 No Exercise for SEMB Pty Limited
The Aboriginal and Torres Quotations No Community- No Women’s Legal $529 404.04 08/09/2014 30/06/2018 Yes Strait Islander Women’s Law Based Services Centre ACT & Support Project Region Inc
Database Development, Single Select No Services (non- Yes LexDATA $70 762.38 03/09/2014 02/09/2019 No Scanning and Document consultancy) Management Pty
AnnualReport 2014-15 Management Ltd 285
C. FINANCIAL MANAGEMENT REPORTING 286 Justice and CommunitySafety Directorate
Exemption from Small to Quotation and Medium Procurement Social Procurement Tender Threshold Contract Execution Enterprise Contract Title Methodology Procurement Type Requirements Contractor Name Amount Date Expiry Date (SME) Provision of Security Public No Services (non- No WILSON SECURITY $2 524 188.00 02/09/2014 08/03/2017 No Services for the ACT Law consultancy) PTY LTD Courts and Tribunal Administration AnnualReport 2014-15 ACT Law Courts Public Public No Consultancy No MBMPL Pty Ltd $268 125.00 27/08/2014 31/08/2015 No Private Partnership Technical Advisory Services - Facilities Management Works Stream
Probity Services Panel Public No Consultancy No Maddocks $0.00 21/08/2014 20/08/2005 No
Probity Services Panel Public No Consultancy No Ashurst Australia $0.00 21/08/2014 20/08/2017 No
Probity Services Panel Public No Consultancy No R.H Anicich & A.J $240 616.00 21/08/2014 20/08/2017 No Deegan & Others trading as Sparke Helmore Lawyers
Probity Services Panel Public No Consultancy No B Ambler & $0.00 21/08/2014 20/08/2017 No M.J Bamford & M.S Bracken & S.S Chapman & A.M Grillo & R.K Heinrich & M.V Henley & G.R Higgins & J.H Huby & P.A Jones & A.W Little & P.C Mitchell & P.W Smith & Others trading as Tresscox Exemption from Small to Quotation and Medium Procurement Social Procurement Tender Threshold Contract Execution Enterprise Contract Title Methodology Procurement Type Requirements Contractor Name Amount Date Expiry Date (SME) Acquisition of Mercedes Single Select No Goods Yes Mercedes Benz $303 160.00 19/08/2014 19/08/2015 No Benz Sprinters Australia Pacific Pty Ltd
ACT Law Courts Public Public No Consultancy No Turner & Townsend $130 438.00 13/08/2014 31/01/2016 Yes Private Partnership (PPP) Pty Ltd Technical Advisory Services - Cost Work Stream
Database, Digitisation and Single Select No Services (non- Yes LexDATA $190 786.00 07/08/2014 31/01/2015 No Data Processing consultancy) Management Pty Ltd
Vocational Education and Public No Services (non- No Campbell Page Ltd $2 205 000.00 05/08/2014 05/08/2017 Yes Training at the Alexander consultancy) Maconochie Centre
Provision of Family Services Single Select No Services (non- Yes Shine for Kids $503 635.00 01/07/2014 30/06/2019 No at the Alexander Maconochie consultancy) Justice and CommunitySafety Directorate Centre
Purchase of Forklift Select No Goods No Toyota Material $30 096.00 14/08/2014 31/12/2014 No Tender Handling Australia Pty Ltd
Purchase of 4WD Dual Cab Select No Goods No John McGrath Ford $48 864.18 14/08/2014 31/12/2014 No Utility Chassis Tender
TRN Feasibility Study Select No Consultancy No Rhumb Consulting $109 824.00 11/12/2014 30/06/2015 Yes Tender Pty Ltd
Purchase of 2 X ACTF&R Select No Goods No Frontline $45 400.00 14/01/2015 30/06/2015 Yes USAR Training Props Tender Fabrications
AnnualReport 2014-15 Work Order for Data Analyst Select No Consultancy No Cogent Business $116 483.40 15/01/2015 30/06/2015 Yes Service Tender Solutions P/L 287
C. FINANCIAL MANAGEMENT REPORTING 288 Justice and CommunitySafety Directorate
Exemption from Small to Quotation and Medium Procurement Social Procurement Tender Threshold Contract Execution Enterprise Contract Title Methodology Procurement Type Requirements Contractor Name Amount Date Expiry Date (SME) Engineering consultancy Single Select No Consultancy Yes Forensic $45 100.00 20/01/2015 31/03/2015 Yes services – inspection and Engineering expert report Solutions Pty Ltd trading as Forensic AnnualReport 2014-15 Engineering Investigations
ESA Communication Single Select No Consultancy Yes Avril Henry Pty Ltd $32 000.00 04/02/2015 31/03/2015 Yes Consultancy – Stage 1 & 2
CUP 2014- Select No Works No FS Solutions $61 640.02 07/04/2015 29/05/2015 No 15 Security Upgrade 12 Tender Moore Street
STAGE 3 – Avril Henry & Select No Consultancy No Avril Henry Pty Ltd $60 000.00 24/04/2015 31/12/2015 Yes Associates Tender
RFS Helibase Dust Select No Goods No Flexshield $25 106.00 24/04/2015 24/04/2015 Yes Protection Curtains Tender
Industrial Cleaning ACTFR Select No Services No City Reflections $106 422.58 29/04/2015 08/06/2015 Yes and ACTAS facilities Tender
Industrial Cleaning RFS and Select No Services No City Reflections $69 710.08 04/06/2015 30/06/2015 Yes SES facilities Tender
Dynamic Coverage Single Select No Services No Operational $171 300.00 30/06/2015 30/06/2018 Yes Tool Software Research in Health Ltd
City Police Station Phase Select No Works No Decca Building $132 217.00 13/01/2015 13/02/2015 Yes II Refurbishment. Tender Group Pty Ltd
Various Building Project Select No Works No Fredon Air Pty Ltd $53 300.00 26/11/2014 27/12/2014 Yes Works – Winchester Police Tender Station Exemption from Small to Quotation and Medium Procurement Social Procurement Tender Threshold Contract Execution Enterprise Contract Title Methodology Procurement Type Requirements Contractor Name Amount Date Expiry Date (SME) City Police Station Phase Select No Works No Peters Building $90 965.00 28/06/2014 19/11/2014 Yes I Refurbishment. Tender Company Pty Ltd
ACT Magistrates Courts – Select No Works No ADT Security $30 492.41 23/3/2015 23/4/2015 No CCTV cameras upgrades Tender
Supply LED retrofits Select No Goods No Gerard Professional $79 842.00 19/12/2014 20/12/2019 Yes for AMC LED Lighting Tender Solutions Pty Ltd Upgrade Project
Repair doors on Helibase Select No Goods No Baxter Engineering $27 630.00 11/07/2014 04/09/2014 Yes Tender ACT Pty Lt
Courts CCTV Camera Select No Goods No ADT Security Pty $30 492.41 23/03/2015 23/04/2015 No Network Extension Tender Ltd Justice and CommunitySafety Directorate AnnualReport 2014-15 289
C. FINANCIAL MANAGEMENT REPORTING C.6 STATEMENT OF PERFORMANCE
290 Justice and Community Safety Directorate Annual Report 2014-15 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 291 292 Justice and Community Safety Directorate Annual Report 2014-15 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 293 294 Justice and Community Safety Directorate Annual Report 2014-15 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 295 296 Justice and Community Safety Directorate Annual Report 2014-15 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 297 298 Justice and Community Safety Directorate Annual Report 2014-15 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 299 300 Justice and Community Safety Directorate Annual Report 2014-15 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 301 302 Justice and Community Safety Directorate Annual Report 2014-15 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 303 304 Justice and Community Safety Directorate Annual Report 2014-15 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 305 306 Justice and Community Safety Directorate Annual Report 2014-15 C. FINANCIAL MANAGEMENT REPORTING MANAGEMENT FINANCIAL C.
Justice and Community Safety Directorate Annual Report 2014-15 307 308 Justice and Community Safety Directorate Annual Report 2014-15 SECTION D Notices of Non Compliance D.1 DANGEROUS SUBSTANCES
The JACS Directorate received nil infringement notice offences under theDangerous Substances Act 2004.
D.2 MEDICINES, POISONS AND THERAPEUTIC GOODS
The JACS Directorate received nil infringement notice offences under theMedicines, Poisons and Therapeutic Goods Act 2008.
D.3 TERRORISM (EXTRAORDINARY TEMPORARY POWERS)
The JACS Directorate has not applied the Terrorism ACT during the reporting period.
310 Justice and Community Safety Directorate Annual Report 2014-15 SECTION K Victims of Crime K. VICTIMS OF CRIME
Introduction Determination of Applications
Section 71 of the Victims of Crime (Financial The procedure for the determination of Assistance) Act 1983 (“the Act”) requires applications from a victim of crime requires reporting on the following: that each matter be listed before a Deputy • the number of applications made during Registrar for a conference prior to a hearing. the financial year; The purpose of the conference is to assess whether the matter is ready to proceed • particulars of awards of financial assistance to determination. made in respect of those applications; • brief descriptions of the facts and Most applications are resolved by the Territory circumstances of each award made during providing an assessment to the applicant and the financial year; the Court making an award in accordance with an agreement reached between the • any other particulars relating to parties. During 2014–15, there were 108 the operation of the Act considered applications lodged. appropriate; and • explanation as to the operation of the Act Where there is no agreement between the for the financial year 2014 – 2015. parties, the matter will be listed for a hearing before. In the reporting year one matter went Establishment of the Scheme before a Magistrate for hearing.
The scheme commenced on 24 December Table 48 sets out the types of matters that 1999. The Act vests jurisdiction in the ACT were determined during the reporting year. Magistrates Court for all matters commenced after that date. Prior to this date, the ACT Recovery of Financial Assistance Supreme Court and the ACT Magistrates Court exercised jurisdiction of criminal Provisional orders for restitution can only injury matters under the Criminal Injuries be made by the Court upon application by Compensation Act 1983 (“CIC Act”). the Territory. The Registrar received 33 such In March 2015, the Government announced applications in the reporting year, all of which that a new Victims of Crime Financial resulted in provisional orders for restitution Assistance Scheme would be implemented being made by the Court. Of those, nine with a commitment of $1.43m over four years were confirmed during the reporting year. in the 2015–16 Budget. The new scheme In addition, there were two confirmed from will move from a court-based scheme to an previous financial years. administrative scheme to make the process of accessing the scheme more user-friendly, timely and predictable.
312 Justice and Community Safety Directorate Annual Report 2014-15 Compensation Levy under the Act
The total amount for compensation levies imposed pursuant to section 68 of the Act in the reporting year was $226 795. An amount of $94 787.60 was collected for compensation levies in the reporting year2.
Table 46 – Total number of applications lodged K. VICTIMS OF CRIME OF VICTIMS K.
Reporting Year Total number of applications lodged 2007–2008 114 2008- 2009 72 2009- 2010 101 2010–2011 119 2011- 2012 99 2012- 2013 121 2013–2014 124 2014–2015 108
Table 47 – Awards made in the reporting period
Scheme under which application lodged Total amount awarded Number of awards Payments made in 2014–15 under the previous 0 0 scheme Payments made in 2014–15 under the current $2 013 588.96 138 scheme (post 24 December 1999) Total $ 2 013 588.96 138
2 Imposition reflects the number of matters that are levied. Not all matters that are levied will be collected in the same reporting year.
Justice and Community Safety Directorate Annual Report 2014-15 313 Table 48 – Awards by Type of Crime
Pain and Pain and Average No. of suffering as Suffering Total award award awards a % of total Crime 2014–15 $ $ award $ Armed Robbery 5 .00 97 176.57 0 19,435 Assault 58 28 000.00 294 556.77 10 5 078 Assault and Robbery 1 0.00 32 824.00 0 32 824 Attempting to Effect an 11 58 500.00 59 780.30 98 5 434 Arrest Attempting to Restrain 2 5 500.00 5 571.00 99 2 785 Burglary 1 0.00 276.37 0 276 Death of a Related 1 0.00 2 928.67 0 2 982 Victim Domestic Violence 15 0.00 49 145.00 0 3 276 Domestic Violence Call 2 0.00 952.95 0 476 Over Explosion 1 0.00 19 859.15 0 19 859 Home Invasion 1 0.00 4 186.00 0 4 186 Sexual Assault 38 1 391 841.65 1 406 491.63 99 37 012 Street Assault 2 39 153.00 39 838.95 98 19 919 Total 138 $1 522 994.65 $2 013 588.95 76 $14 591
314 Justice and Community Safety Directorate Annual Report 2014-15 Table 49 – Awards by Occupation Where Known
Victim type Number of Awards Administrative Assistant 7 Apprentice 1 Businessman 1 K. VICTIMS OF CRIME OF VICTIMS K. Child 3 Hair Dresser 2 Home Duties 6 Hospitality Worker 3 Labourer 8 Not Known 13 Nurse 2 Pensioner 1 Police Officer 21 Public Servant 21 Retired 1 Sales Person 2 School Teacher 3 Self Employed 2 Student 30 Tradesperson 3 Unemployed 8 Total 138
Justice and Community Safety Directorate Annual Report 2014-15 315 Criminal Injuries Compensation Summaries 2014-15
Table 50 – 2014–15 Summaries – Magistrates Court
TOTAL DATE OF NUMBER AWARD AWARD 02/100 Applicant assaulted by two youths outside her home she sustained physical $881.60 14/10/14 injuries and required extensive medical treatment and it was necessary for her to relocate. Further interim award made pursuant to s10(1)(a)
02/107 Applicant assaulted by family friend; sustained injuries to skull and hand; $30 000.00 2/10/14 suffered severe PTSD and depression; symptoms exacerbated by another assault in Aug 2008. Further interim award made pursuant to s10(1)(d)
05/94 Applicant was the victim of an assault resulting in facial and psychological $5 048.11 28/7/14 injuries. Award made pursuant to s10(1)(a), (b), and (c)
06/39 Applicant was the victim of an assault resulting in physical and $30 000. 00 16/9/14 psychological injuries. Award made pursuant to s10(1)(d)
06/39 Applicant was assaulted by a stranger whilst supporting student activities $5 100.84 16/12/14 at a suburban shopping centre. He suffered long term facial injuries and psychological disorders. Award made pursuant to s10(1)(c)
07/68 Applicant was the victim of an assault resulting in facial injuries. Interim $2 000.00 17/7/14 award made pursuant to s10(1)(a) $450.00 14/11/14 Further interim awards made as follows, pursuant to s10(1)(a) $400.00 14/11/14 $1 400.00 17/11/14 $1 143.40 23/1/15 $3 720.00 1/5/2015
08/82 Applicant was the victim of an assault resulting in a broken jaw and $3 334.37 10/9/14 abrasions. Awards pursuant to s10(1)(a), (b), and (c)
09/22 Applicant was assaulted by persons known to her she sustained facial $4 846.20 23/6/15 injuries including broken nose requiring reconstructive surgery. Final award made in Sept 2011 varied pursuant to s 46. With further award made pursuant to s10(1)(a)
09/26 Applicant was victim of assault resulting in substantial physical injuries $2 315.00 17/11/14 to chin and teeth and psychological injury. Further interim award made pursuant to s10(1)(a)
09/27 Applicant was victim of physical and psychological abuse and property $1 542.85 13/2/15 damage by former partner over period of time; has suffered severe facial injuries and psychological injury. Further interim award made pursuant to s10(1)(a)
09/63 Applicant was victim of aggravated robbery resulting in both physical and $32 824.00 11/8/14 psychological injury. Awards made pursuant to s10(1)(a), and (d)
10/12 Applicant was victim of domestic violence and sexual assault (by partner) $35 000.00 16/9/14 in 2009 resulting in both physical and psychological injury. Interim award made pursuant to s10(1)(f)
10/59 Applicant was sexually assaulted whilst a minor. She suffered psychological $50 000.00 18/12/14 injuries. Award made pursuant to s10(1)(f)
316 Justice and Community Safety Directorate Annual Report 2014-15 TOTAL DATE OF NUMBER AWARD AWARD 10/99 Applicant is mother of primary victim who was assaulted by an unknown $685.95 31/3/15 person. Victim sustained injuries to face and teeth. Further interim award made pursuant to s10(1)(a)
10/107 Applicant was victim of assault by known offender in 2008 resulting in $4 881.00 15/8/14 physical injuries to arm. Awards made pursuant to s10(1)(a), (b) and (c) K. VICTIMS OF CRIME OF VICTIMS K.
11/5 Applicant, a police officer was assaulted as he attempted to apprehend a $5 202.00 18/12/14 person involved in an altercation outside a bar in Civic. He suffered injuries to his right leg and back. Award made pursuant to s10(1)(a)and (e)
11/6 Applicant, a police officer was sprayed with blood to the face when $2 710.00 2/10/14 attempting to detain a male involved in an altercation. Award made pursuant to s10(1)(c) and (e)
11/35 Applicant was injured by an explosive device left in the toilet of a nightclub. $19 859.15 25/9/14 He suffered physical and psychological injuries. Awards made pursuant to s10(1)(a), (b) and (c)
11/63 Applicant was the victim of a home invasion, resulting in him sustaining $30 000.00 10/12/14 physical and psychological injuries. Awards made pursuant to s10(1)(a), (c) $1 554.00 18/12/14 and (d)
11/64 Applicant was the victim of a home invasion, resulting in her sustaining $30 000.00 10/12/14 physical and psychological injuries. Awards made pursuant to s 10(1), (d), $752.40 18/12/14 and s 10(1)(c)
11/65 Applicant was victim of domestic violence by former partner b/w 2004 and $1 036.60 14/07/14 2010 resulting in both physical and psychological injury. Several interim $465.80 07/08/14 awards made to date. $570.80 15/08/14 Interim award made pursuant to s 10(1)(a) and (b) $465.80 03/09/14 Further Interim made pursuant to s 10(1)(b) $570.80 16/09/14 Further Interim made pursuant to s 10(1)(a) and (b) $570.80 25/09/14 Further Interim made pursuant to s 10(1)(b) $570.80 14/10/14 Further Interim made pursuant to s 10(1)(a) and (b) $525.00 18/12/14 Further Interim made pursuant to s 10(1)(a) and (b) $315.00 04/06/15 Further Interim made pursuant to s 10(1)(a) and (b) Further Interim made pursuant to s 10(1)(a) Further Interim made pursuant to s 10(1)(a)
11/75 Applicant is wife of victim who died as a result of being severely assaulted. $2 928.67 19/3/15 Interim award previously made in January 2012. Final award made pursuant to s10 (1)(a)
11/100 Applicant, police officer, injured during course of duties and sustained $9 188.25 27/1/15 physical injury (to left wrist) and psychological injuries. Total award made pursuant to s10(1)(c) and (e)
12/08 Applicant was sexually assaulted by mother’s partner for several years when $50 000.00 20/3/15 she was child/teenager; has suffered psychological injuries including severe depression. Award made pursuant to s10(1)(f)
12/15 Applicant assaulted (punched and glassed in face) by unknown persons at $345.35 4/9/14 club in 2011. Further interim award made pursuant to s10(1)(a)
12/38 Applicant victim of assault (by former partner) in 2011. The victim sustained $681.10 4/9/14 injuries to legs and arms. Award made pursuant to s10(1)(a) and (c)
Justice and Community Safety Directorate Annual Report 2014-15 317 TOTAL DATE OF NUMBER AWARD AWARD 12/40 Applicant assaulted by unknown offender early morning outside city pub; $130.00 20/1/15 suffered physical injuries including fractured skull and damage to teeth. Interim award made pursuant to s10(1)(a)
12/52 Applicant victim of armed robbery at Club in 2009; suffered psychological $34 870.17 25/8/14 injuries including depression and has relocated back to Melbourne. Award made pursuant to s10(1)(a), (c) and (d)
12/59 Applicant, a juvenile, sexually assaulted by step-grandfather; applicant has $50 000.00 25/11/14 suffered psychological injury. Award made pursuant to s10(1)(f)
12/68 Applicant is mother of victim in 12/69. Award made pursuant to s10(1)(a) $2 841.61 28/7/14
12/69 Applicant victim of sexual assault (by relative) when victim a juvenile; award $40 000.00 4/8/14 made pursuant to s10(1)(f)
12/73 Applicant victim of assault by partner resulting in injuries to face including $818.95 15/7/14 broken nose; award pursuant to s10(1)(a) and (c); further award made $134.00 17/11/14 pursuant to s10(1)(a)
12/78 Applicant victim sexual assault by male person known to her resulting in $35 000.00 10/9/14 psychological injury; offender pleaded guilty; award made pursuant to s10(1)(f)
12/83 A male was the victim of an unprovoked attack which was stopped $4 150.00 15/8/14 when police arrived, he sustained injuries to his face and required dental $1 290.00 2/4/15 treatment; further interim awards pursuant to s10(1)(a) was made
12/100 Applicant was physically and sexually assaulted by her ex-partner, resulting $40 000.00 25/9/14 in psychological injuries. Award made pursuant to s10(1)(f)
13/12 Applicant sexually assaulted by two males in company. Applicant suffered $20 037.00 17/7/14 psychological injury. Award made pursuant to s10(1)(f) and (a)
13/14 Applicant was assaulted by her partner in a bar in Civic. She suffered a facial $3 661.44 19/11/14 injury. Award pursuant to s10(1)(a) and (b)
13/23 Applicant victim of harassment and intimidation by neighbour for several $302.50 10/9/14 years and also physically assaulted. Applicant suffered psychological as well $384.60 27/02/15 as physical injuries. Further interim award made pursuant to s10(1)(a) $842.73 20/04/15 Further interim award made pursuant to s10(1)(a)
13/26 Applicant victim of assault (king hit) by unknown offender in early morning $2 688.40 4/9/14 in the city. Injuries included lacerations to face, cartilage injury and broken front tooth. Award made pursuant to s (1)(a), (b) and (c)
13/29 Applicant, a police officer, assaulted when attempting to arrest an offender $6 000.00 27/2/15 at a party in April 2012 and suffered injury to left hand. Award made pursuant to s10(1)(e)
13/30 Applicant was assaulted after a party. She suffered facial injuries. Award $2 000.00 14/04/15 made pursuant to s10(1)(e)
13/31 Applicant, a police officer was injured when fallen on by a male he was $15 309.78 14/11/14 attempting to arrest. He suffered injury to an ankle. Award made pursuant to s10(1)(c) and (e)
13/39 Applicant victim of assault by person whom he refused entry to party. $1 820.80 17/11/14 Applicant suffered head injuries. Award made pursuant to s10(1)(a) and (c)
318 Justice and Community Safety Directorate Annual Report 2014-15 TOTAL DATE OF NUMBER AWARD AWARD 13/40 Applicant forcibly confined for 36 hours by her then partner. She suffered $30 780.35 27/8/14 repeated assaults occasioning actual bodily harm, and psychological $250.00 4/9/14 injuries. Awards made pursuant to s10 (1)(a) and (d) $4 567.50 20/2/15 Further interim award made pursuant to s10(1)(a)
13/41 Applicant was assaulted physically and sexually by her then partner. Award $50 000.00 15/8/14 CRIME OF VICTIMS K. made pursuant to s10(1)(e)
13/43 Applicant, a minor, was sexually assaulted by his teacher. He suffered $25 000.00 08/9/14 psychological injuries. Award made pursuant to s10(1)(f)
13/51 Applicant victim of sexual assault (by friend’s former boyfriend). Award $20 037.00 11/7/14 made pursuant to s 10(1)(a) and (f)
13/58 Applicant victim of number of sexual assaults at offender’s family property $50 000.00 15/8/14 in Cook between 1999 and 2002. Award made pursuant to s10(1)(f)
13/59 Applicant sexually assaulted by maternal g/father over number of years; $50 000.00 12/2/15 has suffered psychological injury including PTSD. Award made pursuant to s10(1)(f)
13/65 Applicant was assaulted by an extended family member. He suffered cranial $1 267.64 11/7/14 and finger injuries. Award made pursuant to s10(1)(a) (b) $23 633.54 17/7/14
13/68 Applicant, a police officer, injured whilst attempting to arrest an offender $3 571.00 16/9/14 involved in disturbance with number of others early morning in Civic; suffered injuries to back and psychological injury. Award made pursuant to s10(1)(c) and (e)
13/69 Applicant, same police officer in 13/68, injured (assaulted) by an offender $4 037.00 2/2/15 involved in disturbance early morning outside Civic pub; suffered injuries to nose and psychological injury. Award made pursuant to s10(1)(c) and (e)
13/71 Applicant was assaulted by a relative. She suffered facial injuries. Award $2 894.64 22/07/14 made pursuant to s10(1)(b)
13/72 Applicant was sexually abused as a child by mother’s partner over several $35 090.85 28/7/14 years; has suffered psychological injury including PTSD and depression. $300.00 23/3/15 Award made pursuant to s10(1)(a) and (f). Further award made pursuant to s10(1)(a)
13/77 Applicant was involved in an altercation outside a bar in Civic. He suffered $6 389.45 27/11/14 injuries to his elbow. Award made pursuant to s10(1)(a)
13/85 Applicant the victim of a series of sexual assaults by two male persons. $40 087.00 25/8/14 Award made pursuant to s10(1)(a) and (f)
13/92 Applicant was assaulted by a female friend outside a bar in Civic. She $6 355.00 14/11/14 sustained facial and psychological injuries. Award made pursuant to s10(1)(a)
13/95 Applicant sexually assaulted whilst walking home by unknown offender. $26 603.49 14/1/15 Applicant suffered psychological injury including aggravation of previous PTSD. Total award of made up as follows: pursuant to s10(1)(a), (c) and (f)
13/99 Applicant, an adult male was assaulted in a nightclub. He suffered facial $2 751.81 30/10/14 injuries. Award made pursuant to s10(1)(a) and (b)
13/104 Applicant was sexually assaulted by (dance) teacher when a juvenile; has $30 000.00 15/6/15 suffered psychological injury including PTSD. Award made pursuant to s10(1)(f)
Justice and Community Safety Directorate Annual Report 2014-15 319 TOTAL DATE OF NUMBER AWARD AWARD 13/105 Applicant, a police officer, injured whilst trying to arrest a suspect in London $3 688.27 16/10/14 Circuit, Canberra City. Award made pursuant to s10(1)(c) and (e)
13/106 Applicant, a minor, was sexually assaulted by a family member. She suffered $48 366.05 09/06/15 psychological injuries. Award made under Section 10(1)(f)
13/107 Applicant, mother of primary victim in application 13/106. Award made $1 633.95 27/5/15 pursuant to s10(1)(a) and s10(1)(c)
13/110 Applicant, a police officer was intentionally spattered with blood from the $3 037.00 16/9/14 nose of a person he was attempting to restrain. Award made pursuant to s10(1)(c) and (e)
13/111 Applicant, a police officer was assaulted by a man he was attempting to $4 097.00 18/12/14 arrest during an altercation in Civic. He suffered facial injuries. Award made pursuant to s10(1)(c) and (e)
13/112 Applicant, a police officer, assaulted (hit several times in the head with a $6 455.68 22/4/15 torch) by an offender whilst trying to arrest offender. Suffered injuries to head requiring stitches. Award made pursuant to s10(1)(c) and (e)
13/113 Applicant incurred relocation and travel costs after the sexual assault of her $395.90 16/9/14 daughter. Award made pursuant to s10(1)(a)
13/114 Applicant, a minor was repeatedly sexually assaulted by a male relative. She $50 000.00 18/11/14 suffered psychological injuries. Award made pursuant to s10(1)(f)
13/117 Applicant was assaulted by a male at a party. He suffered facial injuries. $2 233.20 14/11/14 Award made pursuant to s10(1)(a) and (c)
13/119 Applicant, a female minor, was repeatedly assaulted by an adult male friend $50 000.00 12/05/15 of the family. She suffered psychological injuries. Award made pursuant to s10 (1)(f)
13/121 Applicant, a police officer was intentionally spattered with blood from the $2 537.00 15/8/14 nose of a person he was attempting to restrain. Award made pursuant to s10(1)(c) and (e)
13/122 Applicant, a police officer, was spat upon by a person in the course of $2 537.00 15/8/14 making an arrest. Award made pursuant to s10(1)(c) and (e)
13/123 Applicant, a minor, was sexually assaulted five times by an adult male relative. $49 148.70 7/04/15 She suffered psychological injuries. Award made pursuant to s10(1)(f)
13/124 Applicant is mother of juvenile victim who was sexually assaulted by relative $851.30 27/3/15 of victim’s friend. Award made pursuant to s10(1)(a)
13/125 Applicant was the victim of an assault by an unknown person. He suffered $8 172.00 25/9/14 dental injuries. Award made pursuant to s10(1)(a)
14/1 Applicant was victim of an assault which occurred outside friend’s premises $3 072.50 17/6/15 early morning. Applicant suffered injuries to face and teeth requiring extensive dental work. Award made pursuant to s10(1)(a)
14/3 Applicant (juvenile) repeatedly sexually assaulted by her stepfather. She $40 000.00 25/9/14 suffered psychological injuries. Award made pursuant to s10(1)(f)
14/4 Applicant, a police officer, was assaulted whilst trying to restrain and arrest $5 037.00 20/3/15 offender. Suffered injury to shoulder. Award pursuant to s10(1)(c) and (e)
320 Justice and Community Safety Directorate Annual Report 2014-15 TOTAL DATE OF NUMBER AWARD AWARD 14/5 Applicant, a police officer, was assaulted whilst trying to place offender in $5 037.00 20/3/15 police wagon. Suffered injury to left leg. Award made pursuant to s10(1)(c) and (e)
14/6 Applicant sexually assaulted in the city and has suffered psychological $26 540.78 25/9/14 injuries. Total award made pursuant to s10(1)(a), (c) and (f) K. VICTIMS OF CRIME OF VICTIMS K. 14/8 Applicant was assaulted in a car park in Gungahlin, receiving physical and $3 299.83 11/7/14 mental injuries. Award made pursuant to s (10)(1)(a) and (b)
14/9 Applicant was assaulted in a bar. He suffered facial injuries. Award made $639.55 2/10/14 pursuant to s10 (1)(a) and (b)
14/11 Applicant was assaulted by an unknown person whilst out in Civic. He $50 000.00 23/09/14 suffered serious brain injuries. Award made pursuant to s10(1)(b) and (d)
14/14 Applicant, a police officer, was spat upon in the course of making an arrest. $2 571.00 15/8/14 Award made pursuant to s 10(1)(c) and (e)
14/17 Applicant assaulted in car park; sustained serious injury including fractured $16 767.29 14/10/14 bones and damage to left eye. An award made pursuant to s10(1)(b) and (c)
14/19 Applicant, a juvenile, was indecently assaulted by unknown person. Has $39 153.00 15/5/15 suffered psychological injury including PTSD. Award made pursuant to s10(1)(f)
14/20 Applicant sexually and physically assaulted by offender (in course of a $50 000.00 6/1/2015 robbery). Applicant has suffered both physical and psychological injuries. Award made pursuant to s10(1)(f)
14/21 Applicant was assaulted by a teammate at a sporting event. He suffered $620.00 27/11/14 facial and cranial injuries. Interim awards pursuant to s10(1)(a) $2 120.00 9/12/14
14/25 Applicant indecently assaulted by GP; has suffered psychological injury. $50 000.00 6/1/2015 Award made pursuant to s10(1)(f)
14/26 Applicant sexually assaulted by person known to her; has suffered $39 558.00 11/6/15 psychological injury including PTSD. Award made pursuant to s10(1)(f)
14/27 Applicant sexually assaulted over number of years by sporting coach; has $50 000.00 17/11/14 suffered psychological injury including PTSD. Award made pursuant to s10(1)(f)
14/32 Applicant assaulted by neighbour in 2013, the applicant sustained bruising $1 465.20 16/10/14 and cuts to face, hands and arms. Award pursuant to s10(1)(a) and (c)
14/33 Applicant victim of an assault by a group of males in a nightclub in Civic. He $904.85 12/12/14 suffered head injuries. Award made pursuant to s10(1)(a), (b) and (c) $1 040.21 24/3/15 Further award made pursuant to s10(1)(b)
14/34 Applicant, a police officer, assaulted whilst trying to arrest offender; suffered $5 119.50 20/1/15 physical and psychological injuries. Award made pursuant to s10(1)(e) and (c)
14/36 Applicant assaulted in Civic. Received extensive injuries to the face. Award $1 867.54 16/9/14 made pursuant to s10(1)(a), (b) and (c)
14/37 Applicant awarded sum to compensate for property damage caused by $4 186.00 15/8/14 an intruder, and installation of an alarm system. Award made pursuant to s10(1)(a) and (c)
Justice and Community Safety Directorate Annual Report 2014-15 321 TOTAL DATE OF NUMBER AWARD AWARD 14/38 Applicant sexually assaulted by step-father when she was juvenile; has $50 000.00 26/3/15 suffered psychological injury. Award made pursuant to s10(1)(f)
14/39 Applicant victim of assault resulting in facial injuries. $1 227.00 11/9/14 Interim award made pursuant to s10(1)(a) $8 075.00 13/3/15 Further award made pursuant to s10(1)(a)
14/41 Applicant assaulted by a female at a service station. She suffered injuries to $2 014.66 18/12/14 the face and abdomen. Award made pursuant to s10(1)(a)
14/45 Applicant, a juvenile, was victim of armed robbery at shops; suffered $276.97 2/10/14 psychological injury and loss of income. Award made pursuant to s10(1)(b) and (c)
14/49 Applicant sexually assaulted by a male friend of a girlfriend when she was a $50 000.00 15/5/15 juvenile. Has suffered psychological injury. Award made pursuant to s10(1)(f)
14/52 Applicant is mother of primary victim who was assaulted by several males $4 097.46 15/4/15 and sustained facial injuries including broken jaw and dislodged teeth. Award made pursuant to s10 (1)(a)
14/62 Applicant, a police officer, assaulted (spat on) by an offender whilst police $3 537.00 22/4/15 officer attempting to arrest offender. Award made pursuant to s10(1)(c) and (e)
14/63 Applicant was assaulted by two females outside a bar in Civic. She suffered $2 732.63 14/11/14 injuries to her face and body. Award made pursuant to s10(1)(a) and (c)
14/64 Applicant, an off-duty police officer was assaulted outside a Civic club. He $4 940.17 15/04/15 suffered an injury to his knee. Award made pursuant to s 10(1)(a), (b) and (c)
14/93 Applicant sexually assaulted as a young child by family friend. Has suffered $50 000.00 1/5/15 psychological injury including PTSD and depression. Award made pursuant to s10(1)(f)
14/96 Applicant assaulted by male person outside club in Civic early morning; $1 326.48 27/2/15 sustained severe injuries to head and face. Award made pursuant to s. 10(1) (a), (b) and (c)
14/97 Applicant sexually assaulted as a young child by maternal grandfather. Has $50 000.00 11/6/15 suffered psychological injury including PTSD and depression. Award made pursuant to s10(1)(f)
14/99 Applicant sexually assaulted as a young child by family friend. Has suffered $50 000.00 26/5/15 psychological injury including PTSD and depression. Award made pursuant to s10(1)(f)
14/100 Applicant assaulted (pushed to the ground) by unknown person in $925.39 17/3/15 shopping centre, sustained injuries to back and legs. Award made pursuant to s10(1)(a) and (c)
14/103 Applicant, a police officer, sustained possible blood contamination whilst $2 500.00 18/05/15 restraining a person resisting arrest. Award made pursuant to s10(1)(e)
15/1 Applicant sexually assaulted as a young child by family friend. Has suffered $50 000.00 26/6/15 psychological injury including PTSD and depression. Award made pursuant to s10(1)(f)
322 Justice and Community Safety Directorate Annual Report 2014-15 SECTION N Justice and Community Safety N.1 BUSHFIRE RISK MANAGEMENT
Background • outline responsibilities on land owners and managers to prevent bushfires; The obligations and requirements on owners • implement bushfire prevention and and managers of land in the ACT regarding preparedness activities; bushfire prevention are outlined in theACT Emergencies Act 2004. In general terms, • reduce bushfire ignitions; Section 72 & 80 of the Act requires the ESA • support our bushfire fighters to respond to Commissioner to prepare, and the Minister bushfires rapidly; to approve, the SBMP for the Territory every • recognise the value of our volunteers in the five years. ACTRFS and ACTF&R CFUs; and Section 74 of the Act outlines the SBMP, • ensure that our activities are holistic is which provides the basis for an analysis supported by contemporary research, and assessment of bushfire risk along with urban planning and design, community outlining bushfire prevention, preparation and engagement and community resilience. response activities that should be undertaken by agencies and the community.
In addition to the SBMP, Section 78 of the Act requires Territory Agencies, and land owners in the Bushfire Abatement Zone (BAZ), to prepare bushfire operational plans consistent with the SBMP and have them approved by the ESA Commissioner.
In July 2013, the ACT Auditor-General released a Performance Audit into Bushfire Preparedness (Report No. 5/2013). Recommendation 5 (Chapter 3) – Annual progress reports on the SBMP – suggested the ACT Government examine improvements to annual reporting on the Plan.
ACT Strategic Bushfire Management Plan
The SBMP Version 3 was tabled in the Legislative Assembly as a Disallowable Instrument on 23 September 2014. Schedule 3 of the Plan provides 71 Actions, which guide the work of the ESA and The SBMP contains strategies and ACT Government directorates. The SBMP actions that: outlines the governance and accountability • promote awareness in the community arrangements for the plan and outlines about the risk posed from bushfire; the establishment of an Implementation
324 Justice and Community Safety Directorate Annual Report 2014-15 Working Group (IWG), which includes senior properties, including the CSIRO research farm. representation from all ACT Government The Farm FireWise Program will continue to agencies with responsibilities against focus on supporting properties within the BAZ the Plan. to develop the plans in 2015–16.
The SBMP IWG met on 24 November 2014, 3 February 2015 and 4 May 2015 and will Pre-incident Operational Plans continue to meet on a quarterly basis to for Bushfire Response (SBMP collaborate on and coordinate activities that Action Item 22) implement the Plan. N. JUSTICE AND COMMUNITY SAFETY COMMUNITY AND JUSTICE N.
Section 72(7) of the Emergencies Act 2004 Specific pre-incident operational plans were requires the ESA Commissioner, in revised or developed for key areas of the consultation with the ACT Bushfire Council, Territory to assist ACTF&R and the ACTRFS to monitor the scope and effectiveness of respond to bushfires. Pre-incident plans the Plan. that were either developed or reviewed for the 2014–15 bushfire season include: The following provides a summary regarding • Alivio (Motor Village) the implementation of a number of key action items progressed throughout 2014–15 by ACT • Aranda Spine Pre Fire Plan Government directorates. • Black Mountain Pre Fire Plan • Bruce and O’Connor Ridge ACT Farm FireWise Program • Cooleman Ridge (SBMP Action Items 29 & 30) • CSIRO Ecosystem Sciences • CSIRO Ginninderra Experimental Station The ACTRFS manages the ACT Farm FireWise • Curtin Grasslands program which supports the rural community • Fyshwick Martins Metals undertake their bushfire planning. • Hall Village The Farm FireWise program supports land • Holt Substation owners undertaking a risk assessment of their • Isaacs Ridge properties to determine the risk treatments • Mitchell Waste and Recycling or activities required to reduce the impacts of bushfire. • Mt Mugga Mugga • Mt Rodgers As long as Farm FireWise Plans are approved • Mt Stromlo by the ESA Commissioner every five years, they satisfy the requirements of • Mt Stromlo Water Treatment Plant Bushfire Operational Plans (BOPs) required • Mt Taylor under the Emergencies Act 2004 and any • Narrabundah Hill bushfire planning required by a Land • National Arboretum Management Agreement. • Oaks Estate There are currently 191 rural leases in the • Parkwood ACT, with 73 of these leases in the BAZ. The • Red Hill Farm FireWise Program has supported the • Tharwa Village completion of 118 plans, of which 50 are in the BAZ. An additional nine non-rural Farm • Uriarra Village FireWise plans have been completed for • Yarralumla Precinct
Justice and Community Safety Directorate Annual Report 2014-15 325 ACTRFS volunteers conduct a hazard burn.
Strategic Bushfire Capability development of the Framework. More detail on Framework (SBMP Action Item 12) the program is available in Output 4.1.
The Strategic Bushfire Capability Framework Deployment of Bushfire Assets is a deliverable of the 5 year SBMP (Action and Resources (SBMP Action item 12) and Recommendation 19 of the ACT Item 23) Auditor General’s Performance Audit into Bushfire Preparedness in 20133. Bushfire response capability not only relates The capability framework makes an to the amount of resources available, but their assessment of resources required to effective deployment across the Territory. implement objectives 2, 3 and 4 of the SBMP Given that any bushfire event will be associated with mapping the personnel and constantly changing, it is important that resources required to respond to bushfires. deployment decisions can be made in real The Strategic Bushfire Capability Framework time and be responsive to the changing sets measurable targets in relation to the level operational environment. of service to be provided to the community The ESA worked with a specialised ICT vendor and shows that the ACT has an adequate level throughout 2014–15 to undertake a feasibility of bushfire capability to respond to certain study and commence development of an ICT categories of bushfires. Beyond a certain level support tool to support Incident Controllers of bushfire size and complexity, the ACT will rely in the decision making regarding the upon supplementary capability from interstate pre-deployment of bushfire response assets resources which can significantly increase the throughout the Territory. ACT capability. National Disaster Resilience Program (NDRP) funding supported the The first version of the tool is expected to be ready for testing over the 2015–16 summer 3 ACT Auditor-General (2013) Performance Audit season and will be built upon in future years. Report into Bushfire Preparedness
326 Justice and Community Safety Directorate Annual Report 2014-15 Incident Management Team • encouraged a coordinated approach Capability (SBMP Action Item 13) for emergency services and partners to work together to deliver key preparedness messages. Managing emergencies requires personnel and volunteers to be trained in incident An internal ESA evaluation showed those management roles which are prescribed by persons engaged through face-to-face the AIIMS Doctrine (4th Edition). discussions with volunteers were much more likely to have made preparations for bushfires AIIMS defines a large number of roles including in comparison to those that were not. While Incident Controllers, Operations Officers, SAFETY COMMUNITY AND JUSTICE N. effective, doorknocking is a resource-intensive Planning Officers, Logistics Officers, and approach that requires the ongoing support of Intelligence Officers etc. The ESA established volunteers to become sustainable. IMT capability targets in 2014–15 and has included them in the Strategic Bushfire In addition to the doorknock program, Capability Framework (described above). strategies targeting vulnerable people were undertaken in partnership with community ACTF&R, on behalf of ESA has scoped delivery organisations as part of the CBR Bushfire options and developed a training plan to Ready campaign. The vulnerable groups implement the required training to deliver targeted included homeless people ‘sleeping the IMT capability targets. The training will rough’ in the Ainslie area (a bushfire prone assist in increase the number of persons area), residents of Oaks Estate, public suitable for roles required for the operational housing tenants and school-aged young management of bushfires. people. Lessons learnt from the CBR Bushfire Ready campaign will contribute to the CBR Bushfire Ready Campaign implementation of the campaign in 2015–16. (SBMP Action Items 47 - 49) Fuel Hazard Assessments by ESA (SBMP Action Item 43)
In 2003, large landscape fires burnt through extensive areas of the Australian Alps National Parks complex in Victoria, NSW and the The ESA conducted a community education ACT. Although smaller fire events are not campaign over the 2014–15 summer which uncommon in the Alps complex, fires of the utilised funding from the NDRP. The CBR extent and severity of those that occurred Bushfire Ready campaign: in 2003 are relatively infrequent. Because they • conducted a pilot doorknock program are infrequent, their effects on plant species’ targeting more than 900 properties in response and plant community recovery have bushfire prone areas on the urban edge of remained poorly documented, including the Canberra by ESA Volunteers; build-up and flammability of bushfire fuel. • developed partnerships with Community The ESA, along with other agencies like CSIRO, Service Organisations to outreach to at-risk have been undertaking field observations individuals located in bushfire prone area measuring and tracking changes in vegetation who may need additional support in a composition and structure. Observations by bushfire; and the ESA have been recorded to specifically assist with predicting flammability of the
Justice and Community Safety Directorate Annual Report 2014-15 327 landscape to support fire behaviour analysis Management of the Lower Cotter in the vast areas of the ACT affected by Catchment (SBMP Action Item 59) the 2003 fires. Annual reviews will continue by the ESA to alert fire managers to significant The 2003 Canberra bushfires adversely affected issues on the landscape. the water quality in the Lower Cotter Catchment which is currently being addressed through the Power Infrastructure and implementation of a major restoration project. Bushfire Prevention (SBMP The importance of the Lower Cotter Catchment increased with the construction of the Enlarged Action Item 11) Cotter Dam which was completed August 2013 and contains 25 per cent of the ACT’s potable The SBMP contains a requirement that, over water supply, representing an investment of the life of the Plan, arrangements will be approximately $410.5 million. clarified in relation to vegetation management near power infrastructure, which is a potential The ACT Auditor General released an audit source of ignition. The ESA established a report on the Restoration of the Lower Cotter Power Infrastructure and Bushfire Prevention Catchment on 20 May 2015. The audit report working group which met on 1 April 2015 and provided twelve recommendations for the 3 June 2015 and will continue to support a Restoration of the Lower Cotter Catchment review of vegetation clearance rates. to which the ACT Government will respond in due course.
Members of the ACT Bushfire Council review the topography on a field trip to the Lower Cotter Catchment in May 2015 with representatives from the Territories and Municipal Services Directorate and ESA.
328 Justice and Community Safety Directorate Annual Report 2014-15 Review of the ACT Elevated National Disaster Resilience Bushfire Danger Plan (SBMP Program Action Item 27) The Commonwealth allocated $2.610m to The Elevated Fire Danger Plan is a specific the ACT over 2013–2015 for disaster resilience hazard plan of the Emergency Plan and projects. $1.161m was allocated specifically to details the arrangements for a coordinated mitigate bushfires. The Projects included the all-agencies approach to Elevated Fire Danger development of the SBMP, the development of the Strategic Bushfire Capability conditions in the ACT. The plan provides SAFETY COMMUNITY AND JUSTICE N. guidance to ACT Government directorates and Framework, the implementation of a bushfire agencies on activities that they can undertake education program (CBR Bushfire Ready) to mitigate risk during days of elevated and bushfire mitigation activities carried out fire danger. through the TAMS BOP.
The Plan identifies facilities such as schools and health facilities to be closed or those National Bushfire Mitigation facilities which require a modification to Program (SBMP Action Item 30, their activities under a period of elevated fire 4 & 65) danger. Other standard arrangements are in place for Total Fire Bans, including park and A project agreement for National Bushfire road closures by the Territory and Municipal Mitigation was agreed between the Services (TAMS) Directorate. Commonwealth and State and Territories in June 2015 which will provide the ACT The Elevated Fire Danger Plan was reviewed with $904 000 over three years for bushfire in 2014–15 and amended to include mitigation activities commencing in machinery–of-government and similar minor the 2014–15 financial year. and technical changes. The more substantial revision was the inclusion of measures that The ACT will be using the funding in provide better visibility and management of the 2015–16 and 2016–17 financial years to: major events that may be at threat of bushfire. • improve bushfire accessibility and mitigation measures on rural Review of Recovery Plans (SBMP leasehold property; Action Items 70 & 71) • validate bushfire prone risk mapping around the urban edge of Canberra; The ACT Recovery Plan was revised and • conduct land management activities endorsed by the SEMSOG at its meeting to reduce fuel load in peri-urban Fire on 24 March 2015 and approved by the Management Zones near properties within ESA Commissioner. The ACT Recovery Plan Bushfire Prone Areas; and includes economic, infrastructure and environmental elements of recovery and the • conduct education and training to benefit community recovery elements are contained residents in Bushfire Prone Areas on in a separate sub-plan. household construction and/or in land management techniques.
ACT Bushfire Council – Areas of Focus in 2014–15
Justice and Community Safety Directorate Annual Report 2014-15 329 The Bushfire Council is an advisory body Presentations scheduled for 2015–16 include: established by the ACT Emergencies Act 2004. • Indigenous Fire Management & Section 130 of the Act sets out the function Engagement (SBMP Objective 8); of the Bushfire Council which is to advise the Minister for Police and Emergency Services • Recovery Arrangements (SBMP about matters relating to bushfires and Objective 12); advise the Emergency Services Commissioner • Community Warnings (SBMP Objective 9); when requested. • Production of Annual Preparedness Report The Bushfire Council provides advice to to Minister; the Minister on matters relating to bushfire • Power Infrastructure and Bushfire management in the ACT in the areas of Prevention Strategies (SBMP Objective 1); prevention, preparedness, response and and recovery. The Council also has a specific • Cross Border Arrangements (SBMP legislative role through section 72 (5) of the Objective 3 & 7). Act to assist the ESA Commissioner monitor the scope and effectiveness of the SBMP. On 27 November 2014 and 13 May 2015, members of the ACT Bushfire Council visited In 2014, the Bushfire Council contributed areas of the Lower Cotter Catchment to to the development of the new SBMP and inspect the terrain and issues surrounding following its introduction, the Bushfire Council bushfire management and prepared field developed a business plan identifying key reports for the ESA Commissioner. areas of focus which aligned with the SBMP and guided Bushfire Council meetings throughout 2015. ACT Government Directorates’ Bushfire Operational Plans Presentations provided to Bushfire Council throughout 2014–15 included topics such as: Section 77 of the Act requires an owner of • Management of the Lower Cotter land, or manager of unleased Territory land Catchment (SBMP Objective 10); or land occupied by the Territory to, as far as • Canberra Bushfire Ready community practicable, ensure the land is managed in education campaign (SBMP Objective 9); accordance with the SBMP and comply with • ESA Fuel Load Research and Analysis (SBMP any bushfire management requirement. Objective 8) ; Section 78 of the Act requires a manager of • Fire Behaviour Analysis Arrangements for an area of unleased Territory land or land the ACT (SBMP Objective 2, 3 & 4); occupied by the Territory to prepare a BOP in • Land Use and Planning by the EPD (SBMP accordance with the SBMP. Objective 10 & 11); The SBMP also specifically outlines the • Strategic Bushfire Capability Framework requirement for ACT Government directorates (SBMP Objective 2, 3 & 4); and other prescribed entities to develop a • Production Forest Management in the ACT BOP for Bushfire Prone Areas on an annual (SBMP Objective 6 & 8); basis (Schedule 2 of the SBMP). • Developments in National Research by BOPs need to outline prevention and BNHCRC, CSIRO, BOM (SBMP Objective 8); preparedness activities along with the and performance indicators and reporting • Review of TAMS BOPs and Regional Fire applicable for these activities. A BOP also Management Plans (RFMP). details the specific timing, type and location
330 Justice and Community Safety Directorate Annual Report 2014-15 of fuel-reduction, access and infrastructure SLASHING activities that are proposed over the life of Strategic areas adjacent to the urban edge the Plan. and along roadside verges and rural roads are The SBMP also provides a series of bushfire slashed to reduce potential fire intensity and management standards, which must be met to increase suppression capability. In 2014–15, in relation to vegetation management. The slashing of 5 611 hectares was completed standards are available from the SBMP webpage across 261 separate locations. Additional on the ESA website. slashing was undertaken on two other small sites approximately equating to one hectare N. JUSTICE AND COMMUNITY SAFETY COMMUNITY AND JUSTICE N. Territories and Municipal Services as an alternative or in addition to the planned Directorate - Bushfire Operational fuel management treatment. Plan PRESCRIBED BURNING The most extensive BOP is prepared by the TAMS Directorate which manages the majority of Prescribed burns totalling 8 450ha were public land in the territory. The TAMS Directorate planned to be undertaken at 50 sites develops BOPs on an annual basis; these are in the ACT. Of this, 33 were completed publicly available through the TAMS website. (covering approximately 5 328ha in total). The BOP is divided into nine main sections Two prescribed burns (258ha) were not and covers all areas of fire protection including implemented due to lower than expected fuel management, access management, fuel accumulation. The remaining 15 burns infrastructure, equipment purchase, training, were not completed due to unfavourable auditing and monitoring, planning and research, weather conditions. education, response and standby. GRAZING The annual TAMS BOP is based upon RFMPs which are developed by the TAMS Directorate Strategic grazing by livestock is an effective every five years and cover the entire ACT. The method of managing fire fuel loads in many RFMPs integrate landscape factors including areas across the ACT. The 2014–15 BOP soil type, vegetation, slope, threatened species, identified 75 sites on 6 028ha where grazing cultural issues, water quality and biodiversity would be implemented to manage fuels. into one plan and program of activities. Grazing was undertaken in all the identified areas and an internal audit confirmed that The implementation of the TAMS BOP fulfils 100% of the areas being grazed met the the requirements of the SBMP Version 3 and standards specified in the SBMP V3. five-year RFMPs. A summary of the activities undertaken in 2014–15 is provided below. PHYSICAL REMOVAL The elimination or reduction of fire fuels Fuel Management through physical removal is undertaken by Fuel management aims to reduce fire either hand or machinery. This operation is fuel loads to an acceptable level. Actions often undertaken to bring an area to a state to achieve this fuel modification include that can be slashed in the future. The BOP slashing, prescribed burning, grazing, identified 27 separate projects covering physical removal and chemical treatment approximately 310 ha, all of which were of vegetation. completed. The physical removal projects were concentrated in Inner or Outer Asset Protection Zones (APZs) adjacent to the urban edge of residential Canberra, including sites at Cooleman Ridge, Urambi Hills, Duffy,
Justice and Community Safety Directorate Annual Report 2014-15 331 Greenway, Mt Rogers, Curtin, Red Hill, Farrer, UPGRADING Fyshwick, Hume, Mt Taylor, Campbell and The upgrading of fire trails is undertaken to Stromlo Forest Park. improve the accessibility of existing trails CHEMICAL for different standards of vehicles. A total of 75km of trails across five separate sites Chemical herbicide is used to treat regrowth were identified as requiring upgrades in in areas that have had previous works the 2014–15 BOP. Two activities, covering (predominantly physical removal) undertaken. 73km, were completed at Mt Franklin Road All of the five proposed activities covering and Blue Range while the remaining three 114ha in Namadgi National Park and activities across 2km are ongoing into Murrumbidgee River Corridor were completed. the 2015–16 BOP.
Access Management Fire Infrastructure Development
Access management includes routine road Fire infrastructure development includes maintenance, vegetation management, constructing or developing features or upgrading and construction of fire trails and facilities to assist in fire suppression or investigating proposed new trails. The TAMS managing bushfire fuels. A total of 10 projects Directorate manages more than 4 500km were identified in the 2014–15 BOP of which of fire trails which provide for rapid access eight were completed, with two projects to bushfires and serve as control lines for ongoing into the 2015–16 BOP. Projects burning operations. included a number of items associated with improving the ability to utilise grazing for ROAD MAINTENANCE fuel management and covered items such as The BOP identified 42 activities of water troughs, fencing and gates, new sign maintenance across 287km. A total of 40 posts and improvements to the TRN system. of these jobs were completed (274km). Two activities (13km) were not completed Equipment due to weather and will be carried into Fire management and fighting equipment the 2015/16 BOP. purchased in 2014–15 focused on VEGETATION MANAGEMENT replacement of personal protective and operational equipment required to implement This operation is predominantly mulching other BOP activities, as well as continuing or physical removal of roadside vegetation, improvements to computerised mobile data followed by application of herbicide to terminals in fire fighting vehicles. reduce regrowth. It is a crucial part of maintaining a strong, open network of fire Training trails. In 2014–15, a total of 18 projects were Ensuring staff have comprehensive and identified covering 796km. Due to delays up-to-date training is an essential component in obtaining the required Environmental of fire management. The training program Impact Statement, work was not possible identified in the BOP is aimed at attaining and until late October. This meant that only seven maintaining competency levels while also out of the 18 activities, covering 677km, building capacity; 15 competency courses were completed. The remaining 11 roadside were identified in the 2014–15 BOP, of which vegetation management activities covering 14 were either completed or not required. The 119km are ongoing and will be rolled over to job not completed in 2014–15 BOP was ‘TP the 2015–16 BOP. 005: A preseason meeting with the NSWRFS
332 Justice and Community Safety Directorate Annual Report 2014-15 Lake George zone’. Parks and Conservation February. Drier conditions then returned staff were unavailable on the day. through to March. Canberra received a total of 400–520mm during the fire season. The Auditing and Monitoring above-average rain decreased the fire danger and the subsequent standby days. For quality assurance, TAMS Directorate’s internal monitoring and auditing against During the 2014–15 Bushfire Season, TAMS the BOP includes specific audits on grazing, Directorate staff undertook fire standby on 63 fire equipment and appliances, fuel hazard days, as follows: assessments, radio communications, fire trails • 55 days of Level 2 SAFETY COMMUNITY AND JUSTICE N. and emergency vehicle access. The 2014–15 BOP identified 15 audit and monitoring • 7 days of Level 3 activities of which 14 were completed. The • 1 day of Level 4. remaining activity was associated with Blue Range and was delayed pending the Seasonal Crew and Plant completion of a strategic plan for the area. In 2014–15, TAMS Directorate recruited Planning and Research 18 seasonal firefighters in two separate groups. The first group of 12 was employed Activities undertaken included assisting from September 2014 with a second group rural lessees to develop property fire of six firefighters commencing in late plans, providing concept plans for bushfire November 2014. The seasonal firefighters protection around new development were utilised in fuel and access management areas, the development of plans for the activities, fuel hazard assessments, upgrade of a number of water points and hazard reduction activities, fire standby fire trails to be implemented in future years and suppression. and the development of a large number of contingency plans in case the fuel The TAMS Directorate contracted heavy management activities identified in the BOP machinery, two D4 bulldozers and one grader, prove ineffective. for the 2014–15 bushfire season. These machines assisted with the access works of Education the 2014–15 BOP and were utilised in fire suppression and hazard reduction activities. Activities in 2014–15 included the publishing of the BOP on the TAMS Directorate website, assisting the ACTRFS with the preparation of information for rural leaseholders on managing fuel hazards and the preparation of a pamphlet for ACT residents on prescribed burning.
Response and Standby
The TAMS Directorate provided firefighting assistance to WA and Canada with deployments totalling 535 staff days.
The fire season was characterised by a relatively warm and dry October and November followed by above normal precipitation from December through to early
Justice and Community Safety Directorate Annual Report 2014-15 333 334 Justice and CommunitySafety Directorate
Additional funding for TAMS Directorate to reduce the ACT’s vulnerability to bushfire
The 2015–16 ACT Budget provided an additional $9.219m over four years in recurrent funding to the TAMS Directorate to implement its annual BOP. The following graph shows the funding allocated to the BOP since 2008–09. The additional Government Payment for Outputs (recurrent base funding) has provided a more sustainable level of funding for the BOP commencing in 2015–16. Detailed figures are contained in Table 51.
Table 51 – Funding to TAMS Directorate
AnnualReport 2014-15 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014-15 2015/16 Government Payment for $3 308 343 $3 652 826 $6 608 988 $7 438 750 $6 285 039 $6 202 120 $7 633 676 $9 528 012 Outputs (GPO) Capital $2 039 000 $2 180 000 $1 025 000 $2 262 000 $2 148 000 $- $2 000 000 $942 000 Insurance $ 380 000 $380 000 $710 000 $1 705 000 $350 000 $1 090 000 $- $- Other Agency $1 372 000 $ 1 486 287 $1 486 287 $1 486 287 $1 486 287 $45 000 $- $- Commonwealth Grants $ 150 000 $320 000 $720 000 $765 000 $700 000 $20 000 $600 000 $- TOTAL $7 249 343 $8 019 113 $10 550 275 $13 657 037 $10 969 326 $7 357 120 $10 233 676 $10 470 012 Figure 16 – BOP Funding N. JUSTICE AND COMMUNITY SAFETY COMMUNITY AND JUSTICE N.
Funding will enable the scheduling of works Dam water supply from the adverse effects essential to implement the TAMS BOP to of unplanned fire; and ensure the Government meets the standards • improvement of the monitoring capability and strategies specified in SBMP Version of the impact of fire management activities. 3, tabled in the Legislative Assembly in September 2014. ACT Health Directorate - Bushfire Operational Plan The additional funding will allow for the following activities to be undertaken to meet In 2014–15, the following ACT Health facilities, the prescriptions set in the SBMP Version 3: currently in varying stages of development, • maintenance of bushfire fuels in are located in rural zones that require plans accordance with defined standards to mitigate risks associated with bushfire and zoning; prone areas: • essential maintenance of existing, critical • ’Miowera’ – Ngunnawal Bush Healing Farm, bushfire infrastructure including fire Paddy’s River; and trails, helipads, grazing infrastructure and • Secure Mental Health Unit, Symonston water points; Ngunnawal Bush Healing Farm • delivery of additional prescribed burning in accordance with the RFMPs; Miowera has a BOP which has been approved • delivery of additional fuel management in by the ESA. The plan will be reviewed and new, fire prone suburbs and new Nature amended annually as required. Reserves (e.g. Molonglo River); The following controls have been • implementation of the fire management implemented over the preceding 12 months strategy in the Lower Cotter catchment to lower the property’s bushfire risk: including the Blue Range Fire Management Plan, to assist in the protection of the Cotter
Justice and Community Safety Directorate Annual Report 2014-15 335 • a vehicle with a slip-on fire fighting unit Under an ‘extreme’ fire danger rating, has been purchased for the property. A the following five public schools will be trained and experienced rural firefighter is closed temporarily: on call to provide fire fighting capability for • Birrigai Outdoor School (Paddy’s River) the property; • Black Mountain School • mowing and grazing are being used to maintain fuel loads at an acceptable level • Fraser Primary School and Fraser Preschool across the property; and • Hall Preschool site of Gold Creek School • the access bridge to the property has been • Tharwa Preschool site of Charles Conder upgraded to accommodate an ACTRFS Primary School firefighting vehicle. Under a ‘catastrophic’ fire danger rating, Adult Secure Mental Health Unit Bonython Primary and Preschool and Jervis Bay School will be temporarily closed along The Adult Secure Mental Health Unit with the five schools identified above. The will be located in Symonston on the site 14 non-Government schools to be closed previously occupied by the Quamby Youth temporarily under a ‘catastrophic’ fire danger Detention Centre. During design, a bushfire rating are: risk consultant was engaged to complete a • Brindabella Christian College Bushfire Risk Assessment for the development and provide recommendations on the • Burgmann Anglican School (Valley and provision of bushfire protection measures Forde campuses) to the building, including the creation and • Canberra Christian School maintenance of Asset Protection Zones within • Canberra Girls’ Grammar School and external to the site. • Canberra Grammar School A site specific Fire Management Plan will be • Canberra Montessori School submitted to the ESA for endorsement prior to the operation of the facility. • Covenant College • Daramalan College ACT Education and Training Directorate - Bushfire Operational Plan • Islamic School of Canberra • Marist College Canberra In consultation with the ESA, ETD annually • Orana Steiner School reviews its Bushfire Strategy and prepares an information package for ACT public schools • Radford College each bushfire season. The package includes a • St Edmund’s College list of schools which have been identified for • The Galilee School. temporary closure during elevated fire danger rating periods. All ACT schools are required to be on high alert on days when extreme or catastrophic fire The ETD’s Temporary School Closure during danger ratings are declared. In the event that an Elevated Fire Danger Rating Policy provides bushfires do occur under these or any other for temporary school closures on days of a fire danger ratings, the ACTRFS or ACTF&R declared elevated fire danger rating. This can may direct schools to close immediately if also include any emergency situations in or there is a risk of fire to the site. around the ACT. All ACT public schools have emergency management procedures in place. In 2015,
336 Justice and Community Safety Directorate Annual Report 2014-15 ACT public schools have been updating properties are included in Housing their Emergency Management Plans to a ACT’s 2015–16 BOP. new directorate standardised document that includes preparation and response to Cultural Facilities Corporation bushfire threats. The Cultural Facilities Corporation (CFC) The ETD also conducts an annual bushfire manages three ACT historic places: reduction maintenance program across • Lanyon; all ACT public schools during October and • Calthorpes’ House; and November. The program ensures mandatory N. JUSTICE AND COMMUNITY SAFETY COMMUNITY AND JUSTICE N. preventative maintenance is completed prior • Mugga-Mugga. to the peak bushfire season. The ACT Historic Places BOP has been The ETD has also participated as a member prepared strategically with comprehensive of the 2015 working group to review the procedures and checklists in place. The Plan Territory’s Elevated Fire Danger Rating plan. was provided to the ESA in May 2015. The CFC provides bushfire training and Community Services Directorate – Bushfire Operational Plan awareness seminars for ACT Historic Places staff and volunteer guides, in view of the During 2014–15, 15 public housing properties bushfire risk to these properties. were designated as being in bushfire prone areas or isolated from urban fire systems. Auditing of Bushfire Operational Plans These properties require and have a BOP. The Emergencies Act 2004 requires BOPs Every two years a Bushfire Risk Assessment to be audited quarterly by the ESA with a is also required and undertaken. These full end-of-year audit being carried out and assessments recommend the measures to reported back to the Minister for Police and be undertaken to improve the defence of the Emergency Services. asset and preserve life. The audit process is an opportunity to In 2014–15, work identified in the previous monitor progress, identify opportunities for Bushfire Risk Assessment was undertaken, improvement and priorities for future BOPs. including ensuring tanker access is The audits have verified that the directorates maintained, regular grass slashing, water are carrying out their approved BOP activities. tanks replaced or upgraded, flammable Field audits of hazard reduction burning liquids removed and excess rubbish removed. activities and upgrades to the strategic access The property known as Yalgum (Kowen ACT) network have been carried out which show has been demolished due to the unacceptable activities are being conducted in accordance bushfire threat and the land remains the with the standards of the SBMP. responsibility of the TAMS Directorate. Consistent with the SBMP for the ACT, Summary of 2014–15 and Outlook quarterly reports have been provided to for 2015–16 the ESA and preventative maintenance was performed throughout the year in preparation Significant work has been undertaken for the bushfire season. in 2014–15 to implement the SBMP Version 3 Changes to the SBMP have increased the and BOPs. number of properties identified within Resources have been dedicated in ESA to bushfire prone areas. These additional support the SBMP Implementation Working
Justice and Community Safety Directorate Annual Report 2014-15 337 Group which is the vehicle to ensure Seasonal Outlook for 2015–16 coordination and cooperation of agencies and services in delivering the action items The Bureau of Meteorology ENSO tracker was contained in the SBMP. upgraded to EL NIÑO status on 12 May 2015. This followed El Niño thresholds being This annual report demonstrates that exceeded in the tropical Pacific oceanic and throughout 2014–15 ACT Government atmospheric data and consensus among directorates have: international climate models monitored by • revised and improved the governance the Bureau that the event would be sustained. arrangements to implement the SBMP El Niño is often associated with below-average Version 3; rainfall across eastern Australia in winter • updated and reviewed plans and legislation and spring, and also warmer-than-normal to improve bushfire mitigation activities; daytime temperatures over the southern half • identified key aspects of bushfire capability of the country. which require monitoring or improvement; The key emergent risks to the ACT from • commenced key project teams and working an El Niño event include extreme heat groups to deliver key bushfire prevention waves, drought, major wildfires and smoke. and preparedness initiatives; and The emergency response agencies have • undertaken monitoring and audit activities scheduled appropriate training exercises to identify and treat areas of risk. and preparedness activities in advance of the 2015–16 bushfire season.
ACTRFS volunteers conduct a hazard burn.
338 Justice and Community Safety Directorate Annual Report 2014-15 Bushfire Risk Management - Outlook for 2015–16
Agencies will continue to build on the momentum achieved in 2014–15 and continue to implement key initiatives and SBMP action items.
Priorities for 2015–16 include: • implementation of BOPs and Farm FireWise N. JUSTICE AND COMMUNITY SAFETY COMMUNITY AND JUSTICE N. Plans by land owners and managers, particularly given the current El Niño; • implementing the CBR Bushfire Ready community education campaign given the increased bushfire risk posed by an El Niño; • improving ESA’s IMT capability to meet targets set out in the Strategic Bushfire Capability Framework; • ensuring our ESA Personnel and Volunteers are well prepared for the 2015–16 summer season; • examining the requirements of land managers for national land as part of the review of the Emergencies Act 2004 to promote consistency for bushfire prevention activities throughout the Territory; • revising the ACT bushfire management standards against contemporary risk factors; • reviewing vegetation clearance standards around power infrastructure and reviewing responsibilities for vegetation management on public land; • working with Rural Leaseholders to undertake minor works on rural leasehold land to improve response accessibility and improve mitigation; and • undertake vegetation classification in bushfire prone areas on the urban edge of the ACT to validate the BPA, inform mitigation activities and promote construction standards to meet Australian Standard 3959.
Justice and Community Safety Directorate Annual Report 2014-15 339 N.2 FREEDOM OF INFORMATION
Section 7 and 8 Statements • To manage, develop, present, coordinate and promote cultural activities at designated ACT Health Directorate locations and other places in the ACT; • To establish and research collections; ACT Health Directorate’s Section 7 and 8 Statements are available at: • To conserve and exhibit collections in the possession or under the control of the CFC; http://www.health.act.gov.au/ • To undertake activities, in cooperation with public-information/consumers/ other people if appropriate, to exercise its freedom-information other functions; and Canberra Institute of Technology • To exercise other functions given to the CFC under this Act or another Territory Law The CIT’s Section 7 and 8 Statements are available at: http://cit.edu.au/about/ The CFC Act (Section 7) requires that the CFC, freedom_of_information in exercising its functions, must consider: • Any cultural policies or priorities of the Capital Metro Agency Executive known to the CFC; and The CMA’s Section 7 and 8 Statements are • Other cultural activities in the ACT. available at: http://www.capitalmetro.act.gov. au/news-and-resources/freedom-of-informati The CFC is responsible for: on-and-public-access • The Canberra Theatre Centre (CTC); • The Canberra Museum and Gallery (CMAG); Chief Ministers, Treasury and Economic Development Directorate • The Nolan Collection Gallery @ CMAG; and • Three Historic Places: Lanyon, Calthorpes’ THE CMTEDD’s Section 7 and 8 Statements House and Mugga-Mugga. are available at: http://www.cmd.act.gov.au/ functions/foi. The CFC’s functions therefore include the performing arts, the visual arts, social history Community Services Directorate and cultural heritage management. The The CSD’s Section 7 and 8 Statements are organisation delivers a range of cultural available at: http://www.communityservices. services to the community by providing act.gov.au/home/freedom_of_information. activities such as theatre presentations, exhibitions, and education and community Cultural Facilities Corporation programs, and through conserving and presenting significant aspects of the ACT’s The Cultural Facilities Corporation (CFC) cultural heritage. was established under the Cultural Facilities Corporation Act 1997 (the CFC Additional information about the CFC can be Act), which came into operation as from found at the following websites: 1 November 1997. • www.canberratheatrecentre.com.au covering the CTC; and The functions of the CFC, as set out in the CFC Act (Section 6) are: • www.museumsandgalleries.act.gov.au covering CMAG, the Nolan Collection Gallery @ CMAG and the Historic Places.
340 Justice and Community Safety Directorate Annual Report 2014-15 Public Participation Public Access
The CFC Act (Section 8) requires the CFC to Brochures and publicity material free to the set up advisory committees to assist it in the community are available from: exercise of its functions. The CFC has set up the following three advisory committees: Cultural Facilities Corporation Administration Office • CMAG Advisory Committee; North Building • Historic Places Advisory Committee; and Civic Square, Canberra City • CTC Advisory Committee Telephone: (02) 2607 3963 N. JUSTICE AND COMMUNITY SAFETY COMMUNITY AND JUSTICE N. In appointing members to these committees, The CFC is located in the centre of the city the CFC arranges for advertisements inviting with close access to public transport. The CFC members of the public to express their interest has wheelchair access and disabled parking is in becoming a committee member. available.
The CFC continually seeks to improve Requests for access to other documents or customers’ satisfaction with their visit to, and material or further information should be experience of, the ACT Museums and Galleries made in writing to: and the CTC venues. Customer satisfaction Chief Executive Officer surveys were conducted throughout the Cultural Facilities Corporation year and reported as part of the CFC’s 2014- PO Box 939 15 Statement of Performance. Information CIVIC SQUARE ACT 2608 gained from the surveys is used in future planning to improve facilities and services. Education and Training Directorate
Categories of Documents The ETD’s Section 7 and 8 Statements are available at: http://www.det.act.gov.au/ Documents readily available to the about_us/freedom_of_information community include brochures giving details of public performances, exhibitions, and Environment and Planning Directorate programs of events at CFC venues; and other reports prepared by the CFC and tabled in the Environment and Planning Directorate’s (EPD) ACT Legislative Assembly in accordance with Sections 7 and 8 Statements are available at: legislative requirements. http://www.environment.act.gov.au/about/ freedom_of_information Documents which may be made available include agendas for, and minutes of, CFC, Justice and Community Safety and advisory committee meetings; persons Directorate appointed to the Board of the CFC; persons The JACS Directorate’s Section 7 and 8 appointed to advisory committees established Statements are available at: http://justice. by the CFC; personnel, accounting and act.gov.au/protection_of_rights/freedom_of_ administrative records; theatrical performance information. and exhibition records; and records of box office transactions. The above are subject Territory and Municipal Services to normal commercial-in-confidence and Directorate privacy considerations. The TAMS Directorate’s Section 7 and 8 Other documentation and material include Statements are available at: http://www.tams. computer software and hardware, operational act.gov.au/about-us/freedom_of_information manuals, films, slides, photographs, drawings, and posters.
Justice and Community Safety Directorate Annual Report 2014-15 341 Section 79 Statement
Table 52 – Number of FOI requests made under Section 18 of the Freedom of Information Act 1989 during 2014-15 by Directorate by category of access
Initial requests to access Full Partial Refused Decision documents access access access pending Chief Ministers, Treasury, Economic Development Portfolio Chief Minister, Treasury and Economic 2131 33 93 392 33 Development Directorate Commissioner for Public Administration 3 2 0 13 0 Land Development Agency 84 3 1 0 3 Cultural Facilities Corporation Nil Community Services Directorate 162 28 88 135 17 Environment and Planning Directorate 86 11 34 6 2 ACT Health Directorate 39 7 15 6 7 Education and Training Directorate 556 6 30 37 10 Capital Metro Agency 108 0 5 1 2 Territory and Municipal Services Directorate 739 18 23 7 9 Canberra Institute of Technology 4 1 2 0 010 Justice and Community Safety Directorate and Statutory Office Holders Justice of Community Safety Directorate 3811 3 18 1212 2 Director of Public Prosecutions 12 3 6 3 0 Human Rights Commission 0 0 0 0 0 Public Advocate of the ACT 0 0 0 0 0 Public Trustee for the ACT 4 0 1 2 1 Victim Support ACT 1 1 0 0 0 Officer of the Legislative Assembly ACT Audit Office 1 0 1 0 0 ACT Electoral Commission 0 0 0 0 0
342 Justice and Community Safety Directorate Annual Report 2014-15 1 15 were withdrawn 2 Breakup of ‘Refused Access’ category Exempt in full Technical refusal 11 28
Note: Technical refusal includes no documents that exist, documents are available online or documents are available for a fee. Decision pending is awaiting response from applicant regarding revision of scope or charges or application carried forward into 2015-16. 3 Refused Access – Full exemption 4 1 was withdrawn 5 Breakup of ‘Refused Access’ category SAFETY COMMUNITY AND JUSTICE N. Exempt in full Technical refusal Transferred 4 7 2
Note: Decisions which were considered ‘refused access’ included decisions where information was exempt in full, the request was deemed a technical refusal or the request was transferred. 6 Five were withdrawn, one request was handled outside the ACT 7 Breakup of ‘Refused Access’ category Exempt in full Technical refusal Transferred 0 1 2
8 Two requests were withdrawn by the applicant 9 Breakup of ‘Refused Access’ category Exempt in full Technical refusal Transferred 1 7 12
Three were withdrawn by the applicant 10 1 was withdrawn 11 3 were withdrawn 12 Includes 5 technical refusals.
Justice and Community Safety Directorate Annual Report 2014-15 343 Table 53 – Number of FOI requests for review made under Section 59 of the Freedom of Information Act 1989 during 2014-15 by Directorate (including those subject to section 60- 61 review by ACAT)
Number Details Chief Ministers, Treasury, Economic Development Portfolio Chief Minister, Treasury and 7 + 3 (ACAT) Five decisions were affirmed. One decision was Economic Development affirmed with exemption provisions varied Directorate One decision affirmed relating to 2013-14 application Three ACAT applications were withdrawn Commissioner for Public 0 N/A Administration Land Development Agency 1 ACAT The decision was affirmed Cultural Facilities Corporation 0 N/A Community Services Directorate 5 Five applications were subject to an internal review under S59. Four of the internal reviews resulted in the decision being upheld. One internal review was partially overturned Environment and Planning Directorate 4 There was a request to waive fees for access to documents. This was resolved via mediation There was a request to review exempt documents due to public interest. The original decision revised on internal review There was a request to review exemptions. This was partially transferred following review. The original decision was upheld There was a request to review exemptions due to public interest. The decision was revised following review ACT Health Directorate 5 + 1 (ACAT) There were five (5) requests in total for internal review: Three of these requests were in regard to the redaction of documents The result of the internal review upheld the decisions made on two of the requests and the third resulted in a further partial release of documentation and then became an application to the ACT Administrative and Civil Tribunal (ACAT) Two requests for internal review related to the decision to charge processing fees The internal reviews of fees resulted in one decision being upheld and the other overturned There was one (1) application to ACAT The application to ACAT resulted in full release following ACAT mediation
344 Justice and Community Safety Directorate Annual Report 2014-15 Number Details Education and Training Directorate 4 Three applications resulted in additional information being provided to the applicant and one application resulted in the initial decision being affirmed One application was made to the ACAT for a review of a decision. The applicant discontinued his application and the Tribunal dismissed the matter
Capital Metro Agency SAFETY COMMUNITY AND JUSTICE N. 0 N/A Territory and Municipal Services Directorate 2 There was one original decision affirmed and one original decision overturned Canberra Institute of Technology 0 N/A Justice and Community Safety Directorate and Statutory Office Holders Justice and Community Safety 2 The original decision was upheld on both occasions Directorate There was one application to ACAT made by a third party. The application was subsequently withdrawn before the matter proceeded to hearing Director of Public Prosecutions 0 N/A Human Rights Commission 0 N/A Public Advocate of the ACT 0 N/A Public Trustee for the ACT 0 N/A Victim Support ACT 0 N/A Officers of the Legislative Assembly ACT Audit Office 0 N/A ACT Electoral Commission 0 N/A
Number of FOI requests made under Section 48 for the amendment of personal records by Directorate There were no requests made to any Directorate by applicants to amend their personal information during 2014-15.
Justice and Community Safety Directorate Annual Report 2014-15 345 Table 54 – Number of FOI decisions made under Section 18 of the Freedom of Information Act 1989 during 2014-15 by Directorate based upon time taken for notification after the request was received
31 days 31 - 45 46 - 60 61 - 90 91 days Decision or less days days days or more pending Withdrawn Chief Ministers, Treasury, Economic Development Portfolio Chief Minister, 74 29 42 14 6 33 15 Treasury and Economic Development Directorate Commissioner 2 1 0 0 0 0 0 for Public Administration Land Development 2 1 1 0 0 3 1 Agency Cultural Facilities Corporation N/A Community Services Directorate 62 34 13 11 7 17 18 Environment and Planning Directorate 64 7 6 8 1 2 22 ACT Health Directorate 22 4 5 3 0 7 4 Community Services Directorate 24 10 4 1 6 10 5 Capital Metro Agency 3 0 2 1 0 2 2 Territory and Municipal Services Directorate 34 7 4 4 0 9 3 Canberra Institute of Technology 3 0 0 0 0 0 1 Justice and Community Safety Directorate and Statutory Office Holders Justice and 19 5 3 3 3 2 3 Community Safety Directorate Director of Public 11 1 0 0 0 0 0 Prosecutions Human Rights 0 0 0 0 0 0 0 Commission
346 Justice and Community Safety Directorate Annual Report 2014-15 31 days 31 - 45 46 - 60 61 - 90 91 days Decision or less days days days or more pending Withdrawn Public Advocate of 0 0 0 0 0 0 0 the ACT Public Trustee for 1 1 1 0 0 1 0 the ACT Victim Support ACT 1 0 0 0 0 0 0 Officers of the Legislative Assembly N. JUSTICE AND COMMUNITY SAFETY COMMUNITY AND JUSTICE N. ACT Audit Office 1 0 0 0 0 0 0 ACT Electoral 0 0 0 0 0 0 0 Commission
Total Charges and Application Fees Collected
The ACT Health Directorate received a total of $2 379.51 and CMTEDD received a total of $3 270.62 for the processing of FOI requests.
All other directorates advised that they did not collect any fees or charges in relation to the processing of FOI requests in 2014-15. Most FOI requests fell under the threshold size for collecting a fee or charge, or the fees were remitted.
Justice and Community Safety Directorate Annual Report 2014-15 347 N.3 HUMAN RIGHTS
ACT Health Liaison with the Human Rights Advisors on human rights principles or Education and training of staff on the legislative scrutiny process human rights principles When staff members who are developing ACT Health has deemed education on the legislation are uncertain about HR issues, and Human Rights Act 2004 as essential for policy when draft Bills are routinely vetted, the HR writers and for manager-level staff and above. section of the JACS Directorate is consulted. All other staff members have the opportunity Issues identified in any ACT Health Bills as a to complete the program if they wish; this result of the Legislative Assembly’s scrutiny does not require manager approval. process are also addressed. In 2014–15, ACT Health prepared 25 Cabinet submissions, one The HR e‑learning program is managed by of which related to a legislative proposal for the Staff Development Unit and was originally which a human rights compatibility statement developed in consultation with the ACT was issued. HRC and is based on HRC content. The Staff Development Unit of ACT Health developed Reviews or preparations for reviews the e‑learning program as a result of feedback, of existing legislation for compatibility to allow a more flexible method of training with the Human Rights Act delivery. Face-to-face sessions can be made In 2014–15, ACT Health moved towards available on request; however, during 2014–15 finalising the review of theMental Health no face–to-face training sessions occurred. (Treatment and Care) Act 1994. The Mental In total, 364 staff members completed Health (Treatment and Care) Amendment the e‑learning HR training in 2014–15. Act 2014 was passed by the Legislative Categories of these staff are as follows: 81 Assembly in October 2014 and contained Health Professional Officers (Level 1–6) , 41 most of the major policy changes resulting Administration Service Officers, 69 Senior from the review. The Explanatory Statement Officers (Level A-C), 11 Health Service for the Act was commended by the Assembly’s Officers, 12 Enrolled nurses (Level 1–2), 115 Scrutiny of Bills Committee for its treatment of Registered Nurses (Level 1–5.6), four Contract HR issues. Executives, 10 Senior Medical Specialist, A second Bill, the Mental Health Bill 2015 was three Medical Specialists, two Medical introduced in the Assembly in June 2015. At Registrars, five Technical Officers, two Senior the time of this report the Scrutiny of Bills Building Supervisor, four Supervisors, one Committee has not provided comment on the Dental Assistant, one Radiation Therapist, Bill, but HR compliance has been certified by one Assistant in Nursing, one Allied Health the JACS Directorate. The Bill completes the Assistant and one Media Advisor. amendment process resulting from the review Program evaluations completed by and provides the framework for a new Act, to participants indicate that the training be called the Mental Health Act 2015. increased their awareness of their obligations Ensuring compliance with the Human Rights under the Human Rights Act 2004 as ACT Act 2004 has been one of the objectives of Government employees. the review of the Mental Health (Treatment
348 Justice and Community Safety Directorate Annual Report 2014-15 and Care) Act 1994 from its commencement. a patient in the High Dependency Unit of The HRC has been involved as a member the former Psychiatric Services Unit. The of the stakeholder group, the Review proceedings do not directly allege any Advisory Committee which formulated breaches of the Human Rights Act 2004 recommendations for change. The UN but assert that the Territory should have Convention on the Rights of People with taken a range of precautions, including Disability has been an influential document ensuring the plaintiff was treated in a in the review process, which resulted in a manner that was least restrictive of her HR, number of amendments to improve the voice ensuring that any detention, confinement or of consumers in deciding their own treatment treatment administered was the minimum SAFETY COMMUNITY AND JUSTICE N. or contributing to the greatest extent possible necessary and ensuring that the plaintiff’s to decisions made. These include assessment rights were protected (including her rights of decision making capacity when considering to equal protection before the law and mental health orders, a framework non-discrimination, not to be exposed to requiring implementation of supported cruel, inhuman or degrading treatment, to her decision-making, legal recognition of Advance privacy and family life, to liberty and security Consent Directions and the opportunity for of the person, to be treated with humanity a person to appoint a Nominated Person to and with respect for the inherent dignity of help express their treatment preferences and her person while deprived of her liberty). The advocate for them when needed. proceedings are in the preliminary stages and the allegations are still the subject of Litigation investigations by the Territory.
In 2014–15, litigation continued in regard to For appeals to the ACT Supreme Court an application before the ACT Supreme Court regarding Psychiatrist Treatment Orders arising from a wrong-site surgery incident under the Mental Health (Treatment and at the Canberra Hospital. The family of the Care) Act 1994, the Human Rights Act 2004 patient claimed that the deceased was treated may be raised. HR arguments are addressed, in a cruel, inhumane and degrading way and if necessary, in the submissions before was subjected to medical treatment without the Court. her free consent. The family also sought a declaration that the deceased was a victim of the contravention of the Human Rights Canberra Institute of Technology Act 2004. The Supreme Court dismissed the claim (the judgment can be found at www. Education and training of staff on courts.act.gov.au/supreme/judgment/ human rights principles view/7838/title/chaloner-and-anor-v- CIT policies and procedures are designed to australian). provide staff and students with a learning The family was granted leave to file a Notice of and work environment which is supportive, Appeal in respect of Master Harper’s previous respectful, meets diverse needs and protects decision in the HR proceedings, however, they health and safety. Compliance with the have not pressed this issue to date. Human Rights Act 2004 is referenced where appropriate in CIT student and staff policies. Proceedings were commenced in the ACT Supreme Court in relation to a range of incidents. One incident related to the care, particularly the level of monitoring, risk assessment and observation, provided to
Justice and Community Safety Directorate Annual Report 2014-15 349 Internal dissemination of information Capital Metro Agency to staff on the legislative scrutiny process Education and training of staff on Access to information on a range of HR topics human rights principles is made available to all CIT staff through The CMA is committed to ensuring its staff, the CIT Code of Practice and Conversations inclusive of consultants and contractors, with Student Support, an internal online comply with the Human Rights Act 2004. service provided by CIT Student Support. The CMA complies with section 40B of the Relevant topics covered in 2014–2015 Act which requires public authorities to act included: Celebrating Diversity, Working with consistently with HR. Sign Language Interpreters; Reasonable Adjustments for Students with a Disability and Although the CMA did not administer Discrimination and the Gender Spectrum. legislation during the reporting period, information and pamphlets regarding HR Reviews or preparations for reviews are available to CMA staff, contractors and of existing legislation for compatibility consultants. Staff members are, and will with the Human Rights Act continue to be, encouraged to attend training Policy reviews include ensuring that policies courses offered by the HRC. are in keeping with the requirements of the Litigation Human Rights Act 2004. The CMA was not subject to any litigation Litigation process involving human rights during A complaint of unlawful discrimination on the reporting period and has not sought the grounds of relationship status in the area advice from a HR advisor regarding to the of employment was lodged with the HRC. development of Cabinet submissions. The ACT Human Rights and Discrimination Commissioner closed the complaint in Chief Minister, Treasury and accordance with subsection 78(2) (f) of Economic Development the Human Rights Commission Act 2005 on the grounds that conciliation is unlikely Directorate to be successful as a means of resolving the complaint. Education and training of staff on human rights principles A complaint of unlawful discrimination on the grounds of disability and race in the The Directorate coordinated the ACT‘s input area of education was lodged with the HRC. for various national treaty reports including: The ACT Human Rights and Discrimination the International Covenant on Civil and Commissioner closed the complaint in Political Rights, the Convention Against the accordance with subsection 78(2) (f) of Elimination of Racial Discrimination, the the Human Rights Commission Act 2005 on International Covenant on Economic, Social the grounds that conciliation is unlikely to and Cultural Rights and information required be successful as a means of resolving the by the Commonwealth Government following complaint. This complaint was referred to Australia’s appearance before the UN the ACAT. Committee against Torture in November 2014. The Directorate participated in the 2015 HRC e-learning Challenge, with the Commissioner for Public Administration sending out a
350 Justice and Community Safety Directorate Annual Report 2014-15 whole-of-government email encouraging Reviews or preparations for reviews colleagues to take part in the Human Rights: of existing legislation for compatibility 11 Years in 11 Minutes over 11 Weeks Challenge with the HR Act whereby employees complete a short During 2014–15, the CMTEDD liaised with introductory e‑learning package to refresh the HRC, JACS Directorate during the staff understanding of theHuman Rights preparation of a number of new legislative Act 2004. proposals including: The ACTIA adheres to the principles as set • Annual Reports (Government Agencies) out in the HR Act. The ACTIA is committed Amendment Bill 2014; SAFETY COMMUNITY AND JUSTICE N. to a workplace that respects, protects and • Dangerous Substances (Asbestos Safety promotes HR. Where possible, the ACTIA will Reform) Legislation Amendment Act 2014; integrate the HR standards into its strategic and operational planning processes. • Exhibition Park Corporation Repeal Bill 2015; Internal dissemination of information • Gaming Machine (Red Tape Reduction) to staff on the legislative scrutiny Amendment Bill 2014; process • Gaming Machine (Reform) Amendment Staff are able to undertake training on Bill 2015; HR principles as part of their personal • Government Procurement (Transparency in development programs and have access to Spending) Amendment Bill 2015; information on HR and the scrutiny process. • Holidays Amendment Act 2014; Liaison with the Human Rights • Public Pools Bill 2014; Advisors on HR principles or the legislative scrutiny process • Red Tape Reduction Legislation Amendment Bill 2015; The Directorate collaborated with the HRC • University of Canberra Amendment in finalising theACTPS Manager’s Toolkit Bill 2015; and and the Managers’ Guide for Disability in the Workplace. The HRC is also represented • Workers Compensation (Cross-border on the whole-of-government RED Review Workers) Amendment Act 2014. Working Group. Litigation For contracts where labour is a part, tenderers Nil and contractors are required to sign an Ethical WHS legislation. The Directorate also manages the Compatibility with Industrial Relations Community Services Directorate and Employment Obligations Strategy, which has the aim of ensuring workers on ACT Education and training of staff on Government construction sites are receiving human rights principles all their entitlements and the practice of sham contracting on ACT Government construction Face-to-face training was delivered by the sites is eliminated. Community Services Directorate (CSD) to 22 staff members over two sessions. A The ACTIA has not developed any policy total of 111 staff undertook the e- learning proposals that require consultation with the programme. Details of the positions of staff HR Unit and the ACTIA does not administer were not collected. any legislation which has substantial HR implications.
Justice and Community Safety Directorate Annual Report 2014-15 351 The HRC presented to the Aboriginal and The Bill provided minor amendments to the Torres Strait Islander Elected Body on Children and Young People Act 2008 which will amendments to the Human Rights Act 2004 on enable the Children and Young People Death 6 February 2015 and 16 April 2015. Review Committee to perform its functions more efficiently. The Bill was scrutinised for The Office for Children, Youth and Family compliance with the Human Rights Act 2004 Support met with the Children and Young and issued with a statement of compatibility People Commissioner (CYPC) to discuss the by the HR Advisor. interaction of the work of Office for Children, Youth and Family Support (OCYFS) and the The Children and Young People Amendment Human Rights Act 2004. Bill 2015 (2) was presented to the Legislative Assembly by the Minister for Children and The CYPC and OCYFS identified an Young People, Mick Gentleman, on 7 May 2015 opportunity to train the OCYFS leadership and notified on 16 June 2015. The Bill team in incorporating HR principles in quality provided amendments to the Children and decision-making processes. Training to the Young People Act 2008 which enable the OCYFS leadership team will commence Territory to monitor the ongoing suitability in July 2015 and will cascade to all staff of organisations providing services through through supervision. the Out of Home Care Strategy – A Step Up for Internal dissemination of information Our Kids and provides powers to the Territory to staff on the legislative scrutiny to intervene when there are instances of process non-compliance with an organisation’s performance against the suitability criteria. Government messages in relation to HR are The amendments build on an existing made available to all staff, including notices of requirement in the Children and Young People training opportunities. Act 2008 that certain people or organisations must be approved as suitable entities for Liaison with the Human Rights certain purposes by the Director-General Advisors on human rights principles or the legislative scrutiny process before they can undertake those functions. The amendments hold the protection of The Office for Aboriginal and Torres Strait vulnerable people—children, young people Islander Affairs received input from the and their families involved in the child HRC on the ACT Aboriginal and Torres Strait protection system—as the paramount Islander Agreement 2015–18. The Commission consideration of the regulatory system, found the Agreement to be compliant particularly as these people have had, or with relevant HR legislation. The Office for are at risk of having, their rights breached Aboriginal and Torres Strait Islander Affairs (e.g. an abused child or young person) or also participated in the Commission’s Race limitations being placed on their rights (e.g. Relations Roundtable. removing a child from a family). The Bill was Reviews or preparations for reviews scrutinised for compliance with the Human of existing legislation for compatibility Rights Act 2004 and issued with a statement with the Human Rights Act of compatibility by the HR Advisor.
The Children and Young People Amendment Litigation Bill 2015 was presented to the ACT Legislative Assembly by the Minister for Children and Nil. Young People, Mick Gentleman, MLA on 26 March 2015 and notified on 20 May 2015.
352 Justice and Community Safety Directorate Annual Report 2014-15 Cultural Facilities Corporation Promote access facilities The Centre’s marketing team continued Education and training of staff on to promote access facilities through all human rights principles marketing channels including a large print RED training was conducted in-house brochure and a specific access flier to by consultant Paul Petersen to 14 staff. promote the services in the 2015 Season. Development opportunities were provided Social Capital Program to advance skills and knowledge and to collaboratively contribute to positive The Social Capital Program was implemented, SAFETY COMMUNITY AND JUSTICE N. work cultures. whereby tickets purchased by the Centre are distributed to charities and special interest There are two appointed RED contact officers organisations, providing scope for people who to promote RED in the workplace and offer would not normally attend live theatre the support, guidance and information to staff. opportunity to do so. Ongoing delivery of training for employees was a key part of the CFC‘s commitment to ACT Museums and Galleries workplace health and safety. Initiatives for community members with Canberra Theatre Centre special needs The following access initiatives were Babes in Arms Policy implemented during 2014–15: The CTC has a ‘babes in arms’ policy. The • continued redevelopment of the ACT policy states that breastfeeding babes in Museums and Galleries website to ensure arms will be admitted to performances to it continues to be of high quality and be nursed in a parent’s arms. The Centre is accessible across multiple platforms and ‘nursing mother friendly’ with the provision of devices; and a Parenting Room in the Link. • preparation of a new audio guide project at Initiatives for community members with all ACT Historic Places, allowing consistent special needs high level interpretation of these sites, with the scope in future for translation into The following access initiatives were different languages and engaging with implemented during 2014–15: new audiences. • captioning services and audio loops for The CMAG, and ACT Historic Places have patrons with hearing impairments; wheelchair access. • Go Theatrical! captioning iPhone application; Education and Training • audio description and tactile tours for patrons with vision impairments; Directorate • the Companion Card scheme, whereby a Education and training of staff on carer attending theatre with a patron can human rights principles access a complimentary ticket; and • designated spaces in the auditoriums for There are 127 nominated Respect, Equity and wheelchair access. Diversity Contact Officers (REDCOs) across the ETD. Of these designated contact officers, 118 are located in public schools. The role
Justice and Community Safety Directorate Annual Report 2014-15 353 of the REDCO is to provide comprehensive The ETD policies and procedures refer to the information and support to empower their Human Rights Act 2004 where this is relevant. colleagues. To achieve this, REDCOs provide These include: information on the avenues available to • Countering bullying, harassment and staff who are experiencing work bullying, violence in ACT Public Schools; discrimination and or harassment as well as modelling and promoting behaviour that is • Complaints Policy; acceptable and professional. • Countering Sexual Harassment in ACT Public Schools; Mandatory training for newly appointed REDCOs is held each year in term one, with • Students with a Disability: Meeting their quarterly network meetings held in the Educational Needs; and remaining terms. The network meetings are • Suspension, exclusion or transfer of designed as a professional development students in ACT Public Schools. workshop that focuses on key issues raised Policies are available at http://www.det.act. by REDCOs in addition to being tailored gov.au/publications_and_policies/policy_a-z to the RED Framework’s expectations and responsibilities. The HRC is an important external stakeholder and is consulted where policies and REDCOs have been sent the HRC’s procedures that may have HR implications are Introduction to Discrimination, Sexual being reviewed or developed. Harassment and Bullying E-learning module.
The ETD does not keep centrally data on Environment and Planning staff attending training sessions involving HR principles. JACS Directorate staff are able to Directorate access information on the HRC website at http://www.hrc.act.gov.au/. Education and training of staff on human rights principles Liaison with the Human Rights Advisors on human rights principles or In September 2014, EPD senior managers the legislative scrutiny process participated in a review of the operation of the HR Act, as requested by JACS Directorate, The ETD consults with the HRC, where coordinated by the Legislation Services unit. relevant, in the preparation of cabinet The review canvassed general issues as to the submissions, including government requirements of the HR Act as it applies to the submissions to the Legislative Assembly Directorate and the significance of potential and in the development of new and changes raised by JACS Directorate. During amended legislation. this review the importance of the HR Act and its requirements for day-to-day operations The ETD progressed two pieces of amending in different scenarios was underlined to legislation during the reporting period: senior managers. • Board of Senior Secondary Studies Amendment Bill 2015; and EPD staff undertake training on the ACTPS RED framework both through ‘in house’ • Education Amendment Bill 2015. training and via the ACT Government The HR Advisor’s view was that the draft Bills Shared Services Training and Development identified above were compatible with the Calendar. The RED framework aims to foster Human Rights Act 2004. a workplace that values individual differences and is respectful, courteous and fair. RED
354 Justice and Community Safety Directorate Annual Report 2014-15 training includes information on legislative 13. Utilities (Technical Regulation) Act 2014 obligations including the HR Act. 14. Water Efficiency Labelling and Standards This training is tailored for managers, staff (ACT) Act 2015 and RED contact officers and is delivered Water Resources (Catchment Management through RTOs. Information on the RED 15. Coordination Group) Amendment Bill 2015 framework is provided to new employees in induction sessions. A HR Act Compatibility Statement was provided for the Bills and Acts. Liaison with the Human Rights N. JUSTICE AND COMMUNITY SAFETY COMMUNITY AND JUSTICE N. Advisors on human rights principles or The HR section of JACS Directorate is contacted the legislative scrutiny process as required in relation to the preparation of The EPD engages in regular consultation subordinate legislation to clarify and identify with the Human Rights section of the possible HR impacts and relevant descriptions JACS Directorate on proposed Bills and are included in the regulatory impact legislative amendments. During 2014–15, statements and explanatory statements. EPD consulted with the HR section before the The EPD is considering major reforms to the following legislation was presented to the Building Act, as well as reforms to a range Legislative Assembly: of other legislation, subject to Government 1. Electricity Feed-in Tariff Schemes Legislation consideration. The HR section will be consulted Amendment Act 2015 on the HR implications of proposed reforms.
2. Energy Efficiency (Cost of Living) Reviews or preparations for reviews Improvement Amendment Bill 2015 of existing legislation for compatibility with the Human Rights Act 3. Environment Protection Amendment Act 2014 The EPD reviews existing legislation on 4. Gas Safety Legislation Amendment Act 2014 an ongoing basis, taking into account the continued efficacy of the legislation, Heritage Legislation Amendment Act 2014 5. including HR impacts. Acts listed above at 6. Nature Conservation Act 2014 11 and 12 were the result of a continuing government initiative to introduce a process 7. Planning and Development (Capital Metro) of omnibus planning and building legislation Legislation Amendment Act 2015 amendments to enable more minor matters to be dealt with expediently and to make 8. Planning and Development (Call-in Power) the amendment process more user-friendly Amendment Act 2015 and accessible. The omnibus Acts provide an 9. Planning and Development (Bilateral efficient way of maintaining and enhancing Agreement) Amendment Act 2014 the standard of ACT building, planning and environmental law. Principles of access to 10. Planning and Development (University of justice and HR require legislation to be easy Canberra and Other Leases) to read and understand. A well-maintained Legislation Amendment Act 2015 statute book ensures that people are aware of 11. Planning, Building and Environment their rights and responsibilities under the law. Legislation Amendment Act 2015 The EPD is to liaise further with the JACS 12. Planning, Building and Environment Directorate as to whether a more specific Legislation Amendment Act 2014 (No 2) review of HR issues within existing legislation is appropriate.
Justice and Community Safety Directorate Annual Report 2014-15 355 Litigation During the reporting period, 414 staff participated in training relating to human The following tribunal matter involved HR rights (HR) principles. The training included: issues raised by the applicant. In the case of Oberoi v ACTPLA (AT 14/97) the applicant • Disability Discrimination and Awareness; sought an ACAT order to overturn the decision • Human Rights Act (Training and E-learning); of the planning and land authority to refuse and to grant development approval for a further • Respect, Equity and Diversity Contact addition to an existing residential dwelling Officer Training. (DA 20125272). The relevant provisions of the HR Act, as pleaded by the applicants, were The training was primarily conducted by sections 11, 14 and 27 which protect the family the HRC and was attended by staff from and children, freedom of thought, conscience, across the JACS Directorate and of various religion and belief and rights of minorities classifications ranging from Administrative respectively. The respondent submitted that Services Officers, Legal Officers to firefighters. the applicant’s rights under these provisions HR Act and Disability Awareness training were were not affected by the decision to follow also included as part of Induction to all new referral entity advice such that the applicant operational staff of the ACTCS. is not prohibited or prevented from living as a family unit or observing religious and cultural The JACS Directorate also celebrated human beliefs, as these can all be achieved within the rights related activities including the 10th dwelling in its present form and/or with some anniversary of the Human Rights Act 2004 at a internal modification. As at 31 July 2015, a forum to discuss the future of HR in the ACT, decision had yet to be handed down by ACAT. United Nations sanctioned International Day of Persons with disability by participating in a There were no other court or tribunal cases film festival on 3 December 2014, the 2014 ACT involving the Directorate which have raised Chief Minister Inclusion Awards Dinner and significant human rights issues. Presentation on 11 December 2014.
Justice and Community Safety The People and Workplace Strategy Unit ensured that the JACS Directorate celebrated Directorate International Women’s Day by hosting a free event on 6 March 2015 for ACT Public Education and training of staff on Service employees. The event involved invited human rights principles speakers who were strong advocates for women and provided different perspectives In the lead up to the Human Rights Act 11th on their experiences and roles in Government Anniversary on 1 July 2015, the Human Rights and the community. The speakers included Commissioner launched the ’11 Years in Community Services Directorate Deputy 11 Minutes Over 11 Weeks’ Challenge. Staff Director-General Sue Chapman, ACT Victims of participated in the challenge by completing a Crime Commissioner John Hinchey and small short introductory e-learning package on the business operator Wendy Brookman. Human Rights Act 2004. The JACS Directorate was announced the winner of the 2015 ACT To promote HR, posters and brochures Government Challenge with 26% of all staff published by the HRC were displayed across completing the questionnaire, including 75 the JACS Directorate. ACTCS staff.
356 Justice and Community Safety Directorate Annual Report 2014-15 Internal dissemination of information A number of provisions in the Major Events to staff on the legislative scrutiny Act 2014 engaged rights in the HR Act process including the right to privacy (s 12), the right to freedom of movement (s 13), the right to The HR section within LPP continues to peaceful assembly (s 15), the right to freedom undertake scrutiny and provide advice to of expression (s 16), the right to liberty and other directorates and agencies on the security of person (s 18) and the right to human rights compatibility of Bills and presumption of innocence (s 22(1)). The HRC policy development. raised an issue with the possible limitation
Liaison with the Human Rights of freedom of expression. Government SAFETY COMMUNITY AND JUSTICE N. Advisors on human rights principles or amendments were moved to address the legislative scrutiny process this concern.
LPP had four cabinet submissions and four The Act’s Explanatory Statement and compatibility statements for Justice Planning supplementary statement provided a section and Safety Programs. No issues arose during 28 analysis to demonstrate that the limitations consultation with a HR advisor. on rights were reasonable and justifiable.
LPP also had four cabinet submissions and LPP also had six cabinet submissions and six four compatibility statements for Criminal compatibility statements for Civil Law. Any Law. A number of the amendments contained limitations on HR were assessed as being in the Crimes Legislation Amendment Act 2015 reasonable and proportionate under s 28 of (such as the voyeurism offences) engaged the HR Act. rights in the HR Act including the right to During the reporting period CWI actioned a liberty and security of person (s 18) and number of recommendations from a Disability the presumption of innocence (s 22(1)). Access Review of 12 Moore Street, organised The HRC did not support the voyeurism by the HRC. offences contained in the Bill. One of the main concerns was that the restriction on The aim of the review was to identify any the right to be presumed innocent presented barriers for persons with a disability accessing by the offences was unreasonable. The Act’s the HRC tenancy, located on Level 4, 12 Moore Explanatory Statement provided a section 28 Street, and the greater building, including analysis to demonstrate that the limitations external building areas. The review referenced on rights were reasonable and justifiable. The the Disability (Access to Premises – Buildings) Bill received a compatibility statement from Standard 2010, as well as the Disability the Human Rights Scrutiny Unit. Discrimination Act (1992).
An issue arose with the Crimes (Sentencing) CWI implemented the following: Amendment Bill 2014 regarding retrospective • repairs to external footpath and entry penalties. Although the ability of the court to ramp brickwork; impose periodic detention was being limited by the Bill, the prohibition on retrospective • repairs to entry ramp handrail and signage penalties was not engaged as periodic noting second external entry point for detention was a way of serving a sentence motorised scooters; of imprisonment and the Bill was not • contrast strip added to building main changing the essential quality or character of entry doors; that sentence. • various works to the level 4 disability access bathroom; and
Justice and Community Safety Directorate Annual Report 2014-15 357 • development (in conjunction with the Territory and Municipal Services JACS Directorate WHS team) of a Personal Directorate Emergency Evacuation Plan for any mobility impaired persons which was Education and training of staff on distributed to all business units at 12 human rights principles Moore Street. The TAMS Directorate has addressed the ACTCS continues to works closely with the issue of HR compliance through questioning HRC in regard to human rights and health of business areas as part of the making of services issues. The HRC is a member of the compliance assurance statements. Following AMC Oversight Working Group which provides on from previous years, respondents were a cooperative forum for scrutiny of the asked specifically to address the question correction centre’s operations. whether decision makers in the relevant ACTCS has worked cooperatively with both work area were aware of their obligations the Human Rights and Discrimination under Part 5A of the HR Act. This followed Commissioner and the Health Services internal awareness raising through Commissioner in managing complaints presentations to senior manager meetings and issues. about the implications of Part 5A. As a result, compliance against this benchmark was high. On two occasions in 2014–15, detainees of the AMC sought to engage the HR Act in cases Liaison with the Human Rights before the courts. The claims prompting Advisors on human rights principles or this court action involved, in one case, the legislative scrutiny process access to ‘full-time meaningful employment’ Legislative development and scrutiny is while detained at the AMC and financial centralised in the Legislation and Legal compensation for lost earnings. The other Section of TAMS. HR was addressed in related to safe and secure custody as a all legislative proposals to Cabinet and remand detainee. In both cases, ACTCS was compatibility certificates were issued on all found to have acted in a manner consistent legislation introduced to the Assembly during with the act. the financial year (two Bills). HR is taken into The JACS Directorate consults with the consideration in all legislative development HRC, where relevant, in the preparation of projects; it is relevant that three legal officers cabinet submissions, including government previously worked in the JACS Human submissions to the Legislative Assembly Rights section. and in the development of new and amended legislation. Reviews or preparations for reviews of existing legislation for compatibility Reviews or preparations for reviews with the Human Rights Act of existing legislation for compatibility Although general legislative reviews of with the Human Rights Act portfolio legislation are under consideration, During the year 54 Bills were scrutinised, no reviews occurred in the reporting period. with each receiving a certificate of compliance before being tabled in the ACT Litigation Legislative Assembly. No litigation involving the Directorate involved issues of HR. Litigation
Nil.
358 Justice and Community Safety Directorate Annual Report 2014-15 N.4 LEGAL SERVICES DIRECTIONS
Under section 15 of the Law Officers Act 2011, ACT Health is committed to responding agencies must report the measures taken to complaints about public sector health by them during the financial year to ensure services in a timely and systematic manner. compliance with the legal services directions Complaints are a valuable part of the quality
(Directions)issued under section 11 of the improvement system, which aims to optimise SAFETY COMMUNITY AND JUSTICE N. Law Officers Act 2011 such as the Law Officers patient care and safety, promote positive (General) Legal Services Directions 2012 and system changes and ensure resolution of the Model Litigant Guidelines 2010. Agencies complaint to the satisfaction of the consumer, are also required to provide information where possible. Consumers are invited to concerning and breaches of the Directions provide feedback about the care they received during the financial year. at the point of service, or by telephone, letter or email, or through the ACT Health Agency Compliance – Report internet site. ACT Health has an independent Consumer Feedback and Engagement under Section 15 (2) of the Law Team (CFET) and ensures that all consumer Officers Act 2011 feedback is responded to and resolved, where possible, in a timely manner. The CFET ACT Health Directorate acknowledges consumer complaints within five working days, coordinates investigations The Director-General of ACT Health has the and aims to inform the consumer of the following procedures in place to ensure the outcome within 35 calendar days. Directorate is aware of and complying with the Model Litigant Guidelines. If the consumer is not satisfied with the response to their complaint, the consumer Measures is advised of assistance available though the HRC. The HRC provides an independent ACT Health is committed to upholding the means of dealing with complaints about principles of the Model Litigant Guidelines health services, through the Health Services by acting honestly, fairly and with propriety Commissioner. In some instances, an in the conduct of all civil claims and alternative method of dispute resolution litigation, arbitration and other alternative such as conciliation is considered. This dispute resolution processes. ACT Health involves the HRC acting as an impartial understands its role as a model litigant and third party to help the consumer and places significant emphasis on maintaining ACT Health staff clarify issues and resolve effective communication with healthcare matters raised in a complaint. Sometimes, in consumers who have complaints about, or resolving a complaint, a financial settlement have suffered adverse outcomes as a result may be considered and agreed to in a of, treatment in the public health service. formally-binding agreement, reducing the Open communication may also minimise risk of complaints developing into legal the need for consumers to seek resolution claims and thereby reducing claim costs for of complaints or claims through formal both parties. legal avenues. ACT Health acknowledges that early resolution of a claim not only can have
Justice and Community Safety Directorate Annual Report 2014-15 359 benefits for the plaintiff’s health and wellbeing Measures but also reduces the costs associated with litigation. ACT Health is committed to working CIT ensured compliance with the Directions with the ACTGS to ensure that its conduct in by obtaining legal advice and services of the matters that progress to litigation is timely, ACTGS for all potential matters of litigation. efficient, effective and in accordance with the The Chief Executive is advised of all legal Model Litigant Guidelines. disputes and is provided with regular updates All requests for legal advice are centralised as necessary. through ACT Health Insurance and Legal Breaches Liaison Unit in accordance with the ACT Health Request for Legal Advice Standard No breaches of the Directions were identified Operating Procedures (SOP). This SOP also in 2014/2015. clarifies that all engagement of external legal advice is subject to the prior approval of the Capital Metro Agency ACT Solicitor-General. The Director-General of the CMA has the The ACT Health Request for Legal Advice SOP following procedures in place to ensure the also provides advice on the importance of Agency is aware of and complying with the maintaining legal professional privilege over Model Litigant Guidelines. the legal advice received and mandates that Measures the requesting officer must consult with the solicitor that provided the legal advice before All instructions in relation to disputes are considering any disclosure. Any waiver must passed through a central point within the be approved by the ACT Solicitor-General. Executive of the CMA with regular reporting obligations to the Director-General in relation Breaches to the progress of matters.
It is important to note that, while the The CMA’s legal services with respect to claims obligation to comply with the Model Litigant (including potential claims) are provided by Guidelines is conferred on the agency, the the ACTGS. The ACTGS reviews the CMA’s ACTGS acts on behalf of ACT Health in the instructions to ensure compliance with the majority of all litigation and provides advice Law Officer (Model Litigant) Guidelines 2010 (No in accordance with the obligations applying 1. The CMA works with the ACTGS to identify under the Law Officers Act 2011. The ACTGS issues of compliance with the Guidelines and has advised that it is not aware of any to address the issues or elevate the matter breaches of the Law Officers (General) Legal if appropriate. Services Directions 2012 or Model Litigant Guidelines 2010 in ACT Health matters Staff involved in claims procedures or during 2014–15. decisions that may at some point become the subject of litigation are informed of Canberra Institute of Technology the Guidelines and instructed to comply The Chief Executive Officer of the CIT has the with them. following procedures in place to ensure the Any queries regarding compliance with the Directorate is aware of and complying with the Guidelines are referred to the ACTGS. Directions and Model Litigant Guidelines.
360 Justice and Community Safety Directorate Annual Report 2014-15 Breaches The Directorate has also sought advice from the ACTGS in relation to a number of other No issues came to the CMA’s attention matters during the year. during 2014–15 that are or could be considered to be in breach of the Guidelines. Breaches
Chief Minister, Treasury and Economic The Directorate has had no breaches Development Directorate during 2014–15.
The Director-General of the CMTEDD has the The Chief Executive of the ACTIA has the following procedures in place to ensure the following procedures in place to ensure the SAFETY COMMUNITY AND JUSTICE N. Directorate is aware of and complying with the Directorate is aware of and complying with the Model Litigant Guidelines. Model Litigant Guidelines.
Measures Measures
The Director-General has the following The General Manager is advised on a monthly procedures in place to ensure that the basis of the status of all current litigation and Directorate is aware of, and complying with, legal proceedings. The General Manager is the Model Litigant Guidelines. also advised on a weekly basis of the current status of all FOI requests; The Director-General is advised of all legal disputes and is provided with regular updates The Authority’s legal services are provided as necessary. by the ACTGS, which reviews the Authority’s instructions to ensure compliance with the The CMTEDD’s legal services are provided by guidelines. The Authority is able to rely upon the ACTGS, which reviews the Directorate’s the ACTGS on matters in which a question instructions to ensure compliance with the arises as to compliance with the Model Model Litigant Guidelines. The Directorate Litigant Guidelines and to address it or elevate is able to rely on the ACTGS to identify those it within the directorate as appropriate. matters in which a question arises as to compliance with the Model Litigant Guidelines All staff involved in claims procedures or other and to address it, or elevate it, within the decisions which may at some point become Directorate as appropriate. the subject of litigation are informed of the Guidelines and instructed to comply with Procurement and Capital Works has a them and refer any queries to the ACTGS. dedicated senior manager to coordinate activities related to legal matters arising out Breaches of infrastructure and capital works contracts. This staff member liaises closely with the The Authority is not aware of any breaches ACTGS on these matters. of the Model Litigant Guidelines during the financial year. All staff involved in litigation are informed of the guidelines and instructed to comply with The LDA Chief Executive Officer has the them, referring any queries to the ACTGS. following procedures in place to ensure the Directorate is aware of and complying with the In line with the Directions and Model Litigant Model Litigant Guidelines. Guidelines, the ACTGS is currently assisting Economic Development in managing an issue that may result in potential legal action against the Territory. ACTIA has been advised.
Justice and Community Safety Directorate Annual Report 2014-15 361 Measures the subject of litigation are informed of the Guidelines and instructed to comply with The Chief Executive Officer regularly reports them and refer any queries to the ACTGS. to the LDA Board on the status of all current litigation and legal proceedings. Breaches
All of LDA’s legal services are provided by the No breaches of the Model Litigant Guidelines ACTGS, except where the Chief Solicitor has by the Directorate occurred for the financial provided approval to outsource legal work. year 2014–15.
Policies and procedures will continue to Cultural Facilities Corporation be developed and reviewed to ensure compliance with the Directions. The Director-General of the CMTEDD has the following procedures in place to ensure the Breaches Directorate is aware of and complying with the Model Litigant Guidelines. There were no breaches of the Directions by the LDA in 2013–14 Measures
Community Services Directorate All instructions in relation to disputes (e.g. falls by theatre patrons) are passed through The Director-General of the CSD has the a central point within the CFC’s senior following procedures in place to ensure the management team and a report is available Directorate is aware of and complying with the to the Chief Executive Officer in relation to the Model Litigant Guidelines. progress of matters. The CFC’s legal services Measures are provided by the ACTGS, which reviews the CFC’s instructions to ensure compliance with In accordance with clause 1 Law Officers the Guidelines. The CFC is able to rely upon (General) Legal Services Directions 2012, the ACTGS to identify those matters where all Territory legal services are be performed a question arises as to compliance with the by the ACTGS unless approved by the Chief Guidelines and address it or elevate it within Solicitor. Such approval has been provided to the CFC as appropriate. the Operational Services unit of Housing ACT and the Manager and Advocates work closely Breaches with the ACTGS. Nil The CSD also has an approved internal legal service within the Office for Children, Youth Education and Training Directorate and Family Support, which is run by a Senior The Director-General of the ETD has the Manager employed at the Legal 2 level. following procedures in place to ensure the All applications that are lodged in relation Directorate is aware of and complying with the to children involved with the care system Model Litigant Guidelines. are considered by a panel known as the Measures Application Review Committee, which includes the Senior Manager of the internal The ETD ensures compliance with the legal service, to ensure compliance with the Guidelines by obtaining the legal advice and Model Litigant Guidelines. services of the ACTGS for identification of potential non‑compliance matters. All staff involved in claims procedures or other decisions which may at some point become
362 Justice and Community Safety Directorate Annual Report 2014-15 Breaches • ACTIA is alerted to potential litigation involving possible Territory liability through No breaches of the Guidelines were identified the Governance unit of the Directorate. in the reporting period. The Director-General has the following Environment and Planning Directorate procedures to ensure that the Directorate is The Director-General of the EPD has the aware of and complying with the Directions. following procedures in place to ensure the • Staff are required to comply with the Directorate is aware of and complying with the Directorate’s standard operating protocol
Model Litigant Guidelines. for obtaining legal advice. This protocol was SAFETY COMMUNITY AND JUSTICE N. developed in consultation with the ACTGS Measures and is designed to ensure compliance with the Directions. The Director-General has the following procedures to ensure that the Directorate is • The standard operating protocol formalised aware of and complying with the Law Officer a standard practice for advice to be (Model Litigant) Guidelines 2010 (No 1) reviewed by Legislation Services and (‘the Guidelines’). approved by the Deputy Director-General or the Director-General. • The Directorate’s legal services are provided by the ACTGS. • The ACTGS reviews requests for advice to ensure that they are consistent with the • ACTGS represents the Directorate in court approved protocol. Possible breaches and tribunal matters and the Directorate is of the protocol are referred to the able to rely on the ACTGS to identify issues legislation section and the requesting area of compliance with the Guidelines and to for correction. address the issues or elevate the matter if appropriate. • Staff seeking legal advice are informed of the necessity to obtain all legal advice from • Requests for ACTGS representation in court the ACTGS and no other source except in and tribunal matters are referred to the discussion with and with the prior approval relevant member of the Executive team of the Government Solicitor, as required by within the Directorate. the Directions. • Any prosecutions brought by the • Staff are periodically reminded of these Directorate are forwarded to the DPP. The requirements through staff email and ACTGS reviews the Directorate’s instructions other means. to ensure compliance with the Guidelines. • Staff involved in claims procedures or Breaches decisions that may at some point become the subject of litigation are informed as No issues have come to the Directorate’s necessary of the guidelines and instructed attention during 2014–2015 that are or to comply with them. could be considered to be in breach of the Guidelines. • Any queries regarding compliance with the Guidelines are referred to the ACTGS. Justice and Community Safety • The Legislation Services unit reviews Directorate significant requests for ACTGS assistance The Director-General of the JACS Directorate with potential litigation and assists with has the following procedures in place to ensuring parties are aware of the Guidelines ensure the Directorate is aware of and and referral to ACTGS. complying with the Model Litigant Guidelines.
Justice and Community Safety Directorate Annual Report 2014-15 363 Measures the Solicitor-General that provide the administrative framework for addressing The JACS Directorate complies with the allocation of instructions, resourcing and Directions and the Model Litigant Guidelines. personnel issues. The conduct of the The guidelines require agencies to act operational sections and within them, the honestly and fairly in handling claims and various practice areas aligned to those litigation brought by or against them. sections, are generally the responsibility The JACS Directorate ensures compliance of the two Deputy Chief Solicitors, who are with the Directions and the Model Litigant responsible to the Solicitor-General. The Guidelines by obtaining the legal advice and manager of each operational section has services of the ACTGS. All requests for legal overall responsibility for the allocation of advice must be authorised at a senior level matters in accordance with practice areas and are forwarded to the ACTGS. and individual workloads. Practice areas are, in turn, headed by practice leaders. New Responsibility for compliance with the instructions will broadly fall within practice Directions (including the Model Litigant areas and practice leaders will either directly Guidelines) rests with the relevant supervise individual solicitors to whom administrative unit or agency, including matters have been allocated or coordinate a statutory body or Territory-owned supervision of those solicitors with other corporation. Additionally, legal practitioners senior lawyers. Practice leaders monitor their (solicitors and barristers) performing Territory areas of practice for consistency of advice legal work must act in accordance with the work and practise within the Office and for Directions and assist their clients to do so. external developments in law and practice.
Legal services to Government are centralised All new instructions are referred to the through the ACTGS by the Directions which Solicitor-General on receipt and generally assists in ensuring consistent compliance with passed on by Deputy Chief Solicitors to the Directions. The ACTGS has also published section managers to arrange allocation a legal bulletin to the ACTPS discussing the through practice leaders to individual obligations of a model litigant and several solicitors. The Solicitor-General or a Deputy presentations have been given to the ACTPS Chief Solicitor will for larger, more complex, on the operation of the Directions, which are matters consider the coordination of matters reinforced in day-to-day business. within two or more sections and practice areas. All incoming hard-copy correspondence Where the ACTGS acts for an agency, a is sighted by the relevant Deputies and, in Director-General is able to rely upon the addition to addressing any other relevant ACTGS to identify those matters where a issue, matters of sensitivity or suggestions question arises as to compliance with the that the ACTGS or its clients are not acting Directions and to address it or elevate it as model litigants or otherwise in breach within the instructing agency appropriately. of the Directions are directly pursued with Processes are in place within ACTGS to the solicitors concerned and brought to the identify and address such matters and ensure immediate attention of the Solicitor-General. it acts as a model litigant. ACTGS plays an All solicitors in the ACTGS receive training integral role in assisting directorates, and on the Directions and requirements of a other government agencies, to understand model litigant. and comply with the Directions. The use of practice areas is designed to The ACTGS currently comprises three increase the expertise of lawyers, ensure operational sections and the Office of consistency of advice and share the practice
364 Justice and Community Safety Directorate Annual Report 2014-15 management workload amongst the to ensure timely legal advice is sought, senior lawyers to enhance the operational including through out-posting of lawyers to outcomes within the ACTGS. The leaders Procurement and Capital Works. of the practice areas have as one of their • Briefing external counsel in accordance principal responsibilities acting as mentor and with internal processes consistent supervisor of staff working on matters within with the Directions and at fees not those areas. Reporting lines for individual exceeding maximums approved by the matters are, therefore, from acting solicitor Attorney General. to supervisor (usually practice leader) to • Applying legal principle and practice to section manager and/or Deputy Chief Solicitor SAFETY COMMUNITY AND JUSTICE N. or Solicitor-General. Solicitors are required the settlement of claims and discussing under the ACTGS internal performance with agencies the nature and scope of recording systems to record completion of claims and the way disputes that may matters within relevant timeframes and to lead to claims can be managed. The record compliments and criticisms. Criticisms Solicitor-General continues to confer are referred directly to the Solicitor-General with the Directors-General in relation for appropriate response. These internal to compliance with the Directions and measures have enhanced the ability of the assisting them to put in place mechanisms ACTGS to assist its clients to act as model to monitor disputes in which an agency litigants and comply with the Directions by is involved. providing timely advice to clients, complying • Encouraging directorates and other with court-imposed deadlines and acting agencies to adopt a model by which all consistently in the conduct of litigation. instructions for legal advice and dealing with disputes are passed though a central Within this framework, the ACTGS complies point within the directorate or agency, with the Directions and assists agencies to do which facilitates consistency, clarity around so by: the instructions provided and assists the • Monitoring and liaising with agencies relevant Director-General or other agency to ensure that any outsourcing of legal head to maintain awareness of matters services is effected only with the approval upon which legal advice is being sought. of the Solicitor-General and ACTGS has conducted several procurement Breaches processes or assisted agencies to do No issues have come to the JACS Directorate’s so, when outsourced legal services are attention during 2014–2015 that are or could considered desirable. be considered to be in breach of the Law • Discussing with the small number of Officers (General) Legal Services Directions or agencies that require in-house lawyers the Model Litigant Guidelines 2010. appropriate mechanisms to ensure suitability of the arrangements that are put Territory and Municipal Services in place. Directorate • Providing approximately 60%of its legal The Director-General of the TAMS Directorate services for no charge and otherwise has the following procedures in place to charging in accordance with arrangements ensure the Directorate is aware of and approved by the Attorney General from complying with the Model Litigant Guidelines. time to time. • Maintaining close liaison with agencies to monitor major government contracts
Justice and Community Safety Directorate Annual Report 2014-15 365 Measures
TAMS has a central point within Governance for handling legal matters to ensure the obligations of the Model Litigant Guidelines are complied with and are not breached.
Engagement of legal representation is through ACTGS, which reviews the TAMS Directorate’s instructions to ensure compliance.
Specific advice is sought from the Government Solicitor on issues of settlement when matters are handled internally in pre-litigation situations.
Breaches
There were no known breaches during the reporting period.
366 Justice and Community Safety Directorate Annual Report 2014-15 ANNEXURE A Sentence Administration Board 368 Justice and Community Safety Directorate Annual Report 2014-15 SENTENCE ADMINISTRATION BOARD OF THE AUSTRALIAN CAPITAL TERRITORY ANNUAL REPORT 2014-15
Overview There were further developments in a case in which the powers of the Board relating to The body of this Annual Report contains its administration of periodic detention were the various statistics relating to the work of challenged. On 1 October 2013, His Honour the Sentence Administration Board during Justice Refshauge had dismissed an appeal BOARD ANNEXURE SENTENCE ADMINISTRATION A. 2014-2015. The Board is what has been in which it was argued that the provisions described as a “downstream agency”. For under which the Board had cancelled periodic example, in relation to parole, it relies for its detention orders were invalid (Mitchell Jacka workload on applications that have been v Australian Capital Territory and Anor [2013] made by detainees and breaches of parole ACTSC199). Mr Jacka’s appeal to the ACT Court reported to it by community corrections of Appeal was dismissed on 12 November officers. The Board received a lesser number 2014 (Jacka v Australian Capital Territory of applications for parole in the year under and Anor [2014] ACTCA 49) The High Court review than it had in the previous year. This of Australia refused Mr Jacka’s application means that there were a lesser number of for special leave to appeal against the ACT offenders who became eligible for parole Court of Appeal decision (HCA Trans 81 in 2014-2015 than in 2013-2014. As a (17 April 2015)) This is not the place for a consequence there were a lesser number comprehensive analysis of the reasons for the of parole hearings and parole orders made decisions made by the courts in this case. It in 2014-2015. The number of cases in which is sufficient to say that the power conferred parole was refused increased compared to the on the Board under the relevant provisions previous year. Additionally, a lesser number relating to a failure to complete two or more of breaches of parole were referred to the weekends of periodic detention is not judicial Board in 2014-2015 than in the previous year. power and the provisions are not invalid on In contrast, the Board’s administration of that basis and their conferral did not offend periodic detention orders saw an increase against the principles set out in Kable v in referrals and hearings. That will no doubt Director of Public Prosecutions (NSW) (1996) change as periodic detention is phased out. 189 CLR 51. His Honour Justice Refshauge had also concluded that even if the power The membership of the Board remained was judicial power it could be invested in the relatively stable during 2014-2015. Ms Board “…since the Australian Capital Territory, Deborah Evans replaced Mr Brendan Church as a polity, was not subject to the doctrine of as member and there was also a recent the separation of powers such as been held to change in representation of ACT Policing with bind the Commonwealth.” The ACT Court of Superintendent Robert Wilson being replaced Appeal decided it was unnecessary to address by Superintendent Peter Kuhnke. The Board the separation of powers conclusion as the is most grateful for the contribution made appeal could be decided on the issues of by Superintendent Wilson both in decision judicial power and Kable. making and in relation to ensuring the timely execution of warrants issued by the Board.
Justice and Community Safety Directorate Annual Report 2014-15 369 This is my last period as Chair of the Sentence Functions of the Board Administration Board with my appointment expiring on 25 January 2016. I would like to The Board’s functions under section 172 of the take the opportunity to acknowledge the CSA Act are to: support given to me and the contribution • decide the consequences of sentenced made to the work of the Board over that offenders failing to comply with last 5 years by the Deputy Chair, Mr Michael their obligations under periodic Chilcott. detention orders; The Board has also had firm support • review Director General decisions about from the Minister, the Executive Director, performing periodic detention; Corrections and General Manager, Community • review offenders’ periodic detention; Corrections, and, of course, the Manager, Secretary and staff of the Board’s Secretariat • consider the release of sentenced offenders without whom the Board could not function. during a non parole period set by the Additionally, the Board is indebted to the sentencing court; Community Corrections Officers who appear • decide additional conditions of parole orders; before it in parole matters and lawyers of the • review offenders’ parole; Government Solicitors Office who appear in Periodic Detention matters. • decide the consequences of sentenced offenders failing to comply with their The Chair and Deputy Chair have participated obligations under parole orders; in a variety of meetings during the year • on request, provide a recommendation considering Justice Reinvestment issues to the Attorney General in relation to including the form of sentence that could applications for release on licence; replace periodic detention. After consulting board members I can say that the Board • review offenders’ licences; holds itself ready to undertake whatever • decide the consequences of sentenced role the Government sees as appropriate in offenders failing to comply with their administering the new form of order replacing obligations under a licence; and periodic detention. • exercise any other function given to the Board under the CSA Act or any other Establishment of the Board territory law.
As of 2 June 2006, the Board has been Membership of the Board established under section 171 of the Crimes (Sentence Administration) Act 2005 Under section 174 of the CSA Act, the Board (CSA Act). must consist of a chair, at least one deputy chair and not more than two deputy chairs or eight other members. The minister appoints members for a period not exceeding three years.
The chair and deputy chairs are judicial members. Qualification for judicial membership, as outlined under section 174 (8) of the CSA Act, is limited to a person who has been a legal practitioner for not less than 5 years.
370 Justice and Community Safety Directorate Annual Report 2014-15 Membership of the Board during 2014/2015: The Board currently holds weekly meetings in a hearing room in the ACT Magistrates Court. Chair Mr Grahame Delaney This arrangement ensures: Deputy Chair Mr Michael Chilcott • the safe management of offenders, including those who are in custody and Members Mr Derek Jory those who may be taken into custody; ACT Policing representative • a safe and appropriate setting for members and staff; and Ms Deborah Evans (from April 2015) • the recording of hearings in order that transcripts be available to meet statutory Ms Laura Beacroft requirements. BOARD ANNEXURE SENTENCE ADMINISTRATION A.
Ms Kay Barralet A reliable venue is essential for the Board’s Mr Ivan Potas operations and the Board greatly appreciates the facilities provided for its work by the ACT Mr Brendan Church Magistrates Court. (until September 2014)
When exercising its supervisory powers under Review of the Year the CSA Act, the Board is required to sit in divisions consisting of a judicial member Parole and two non- judicial members. Currently, there are two divisions of the Board sitting on When an ACT court imposes a custodial alternate Tuesdays and on additional days as sentence of 12 months or more, it is obliged required to ensure that there is no backlog of to set a non-parole period under section 65 pending matters. of the CSA Act, unless there is a reason for not doing so. The non-parole period identifies the part of the sentence that must be served by Meetings of the Board way of imprisonment.
The Board met on 61 occasions during the The Board considers release on parole to be 2014-15 financial year. Of the 61 meetings held an integral part of the process of an offender’s by the Board, six meetings were full Board reintegration into community life. The need meetings or liaison meetings between the for offenders to have appropriate post Board’s judicial members and the staff of the release plans, including an adequate case Secretariat. management plan, supported by appropriate services, accommodation and supervision is During the 2014-15 financial year, the Board acknowledged by the Board. In reaching its considered 2419 matters. Of these matters, decisions, the Board assesses an offender’s 1702 related to the management or breach suitability for release, their post release plans of periodic detention orders, 717 related to and conditions of parole orders. release, management or breach of parole and no matters related to a review of a release on Under the CSA Act, ACT prisoners are required licence. 4 to submit a written application for release on parole before the Board is able to consider their release. The Board endeavours to consider applications for parole prior to the offender’s eligibility date if the application is 4 Any one offender could be included more than once received within sufficient time to obtain the in this total.
Justice and Community Safety Directorate Annual Report 2014-15 371 necessary reports. The earliest eligibility date the Board. Under section 144 of the CSA Act, is the expiry of the non parole period. The a police officer may arrest a parolee without Board may decide on the basis of the “papers” a warrant and bring the parolee before the (i.e. the application for parole and relevant Board if the officer has reasonable grounds to reports) that an offender satisfies the criteria believe that the parolee has breached their for parole set out in section 120 of the Act and parole obligations. order release on parole at inquiry without the need to hold a hearing. If the Board does If a breach of the offender’s parole conditions not make a parole order after the initial is proved the Board may, pursuant to section consideration of the application and relevant 148, do one or more of the following: pre-release reports, the offender is given the • take no further action; opportunity to make a written submission • give the offender a warning about the to the Board and attend to make oral need to comply with the offender’s submissions at a parole hearing. The Board parole obligations; then makes a final decision on the application • give the Director General directions about on whether or not to release on parole. the offender’s supervision; On occasions, there are difficulties in timely • change the offender’s parole obligations consideration of parole applications due by imposing or amending an additional to delayed applications or the short period condition of the parole order; or between a court sentencing decision and the • cancel the offender’s parole order. end of the non parole period. In particular, where some sentences are backdated, there In accordance with section 160 of the CSA Act, is a reduced opportunity to make an informed if a parole order is cancelled, the offender is assessment as to parole. not credited with any time already served in the community. During 2014-15, the Board received 108 applications for parole from offenders5. Ten In 2014-15, the Board considered 259 matters of those applications were rejected pursuant relating to parole breaches and conducted to section 122 (2)(a) of the CSA Act on the 85 hearings. A total of 73 alleged breach grounds that the applications were frivolous, notifications were received by the Board and vexatious or misconceived. as a result 28 parole orders were cancelled and 22 formal warnings were given. The Board Parole orders made also varied parole orders on two occasions The Board made a total of 83 parole orders and no further action was taken on 11 matters. and conducted 140 parole hearings in A total of 22 warrants were issued to bring 2014-15. The Board made 24 parole orders individuals before the Board in relation needing to proceed to a parole hearing. When to alleged breach of parole when their proceeding to parole hearing the Board made whereabouts were unknown and/or they had a further 59 parole orders but refused to make failed to appear at a previous hearing before an order following a hearing on 51 occasions. the Board.6 Breaches of parole order conditions
Under section 143 of the CSA Act, corrections officers have an obligation to report all suspected breaches of parole conditions to 6 Any one offender could be included more than once 5 Any one offender could be included more than once in these totals and note that the Board may make in this total. more than one decision at hearing.
372 Justice and Community Safety Directorate Annual Report 2014-15 Periodic Detention detention is, or would be, suitable for the offender. The Board may conduct the inquiry The CSA Act requires that corrections officers on its own initiative or on application by the must report any breaches of an offender’s offender or Director General. periodic detention obligations to the Board. Under section 73 of the CSA Act the Board Under section 59 of the CSA Act, the Director may do one or more of the following: General must apply to the Board for an • take no further action; inquiry under section 66 if section 58 of the • give the Director General directions about CSA Act applies to an offender for a second the offender’s supervision; or subsequent breach of a periodic detention • change the offender’s periodic detention period. Section 58 relates to the offender BOARD ANNEXURE SENTENCE ADMINISTRATION A. failing to perform periodic detention. obligations by imposing an additional condition on, or amending a condition of, If, after conducting an inquiry under section the offender’s periodic detention; 66 of the CSA Act, the Board decides that the • give the offender approval not to perform offender has breached any of their periodic periodic detention for up to 8 detention detention obligations, the Board may do one periods if satisfied that it is appropriate or more of the following: having regard to the offender’s health or • take no further action; any exceptional circumstances; • give the offender a warning about the need • if subsection (4) applies - cancel the to comply with the offender’s periodic offender’s periodic detention; detention obligations; • if subsection (5) applies - remit the • give the Director General directions about offender to the offender’s sentencing the offender’s supervision; court to be dealt with under section 82A • change the offender’s periodic detention (Re-sentencing offender). obligations by imposing or amending Subsection 4 applies if the Board decides an additional condition of the offender’s that a periodic detention order should be periodic detention; cancelled on the offender’s application or that • suspend the offender’s periodic detention periodic detention is, or would be, no longer for a stated period, but not past the end of suitable for the offender. the offender’s periodic detention period; or Subsection 5 applies if the Board decides that • cancel the offender’s periodic detention. the offender is, for any reason unlikely to be If, at the inquiry, the Board decides that able to serve the reminder of the offender’s section 58 of the CSA Act applies in relation periodic detention, having particular to two or more detention periods, then, regard to: in the absence of health or exceptional a. the offender’s health; or circumstances, the Board must cancel the b. any exceptional circumstances affecting offender’s periodic detention in accordance the offender. with section 69(2) of the CSA Act. In 2014-15, the Board considered 1702 matters Under section 73 of the CSA Act the Board relating to periodic detention7. A total of may, at any time, conduct an inquiry to review 373 notifications of alleged breaches were an offender’s periodic detention. Without received and the Board conducted 311 limiting the review, the Board may conduct an inquiry to consider whether periodic 7 Any one offender could be included more than once in this total.
Justice and Community Safety Directorate Annual Report 2014-15 373 breach inquiries and 162 hearings. As a result Victims’ Issues and Contact the Board cancelled 17 orders, suspended four orders and gave a formal warning on Victims’ Issues and Contact 45 occasions. The Victim Liaison Officer within ACT A warrant to bring an offender before the Corrective Services assists the Board in Board was issued on 21 occasions, as the performing its functions under Chapter 7 and individual’s whereabouts were unknown and/ 13 of the CSA Act by establishing contact with or they had failed to appear at a previous victims of offenders being considered for 8 hearing before the Board. release to parole or licence.
It is the general practice of the Board to The Victim Liaison Officer informs victims of initiate a Board inquiry under section 73 the role of the Board, ensures that registered of the Act to run concurrently with the S66 victims are advised of matters relating to inquiry. The Board conducted 321 inquiries the offender’s possible release and provides and 164 hearings under section 73 in 2014-15. victims with assistance in the preparation of As a result four matters were remitted back written submissions. to the sentencing court and two orders were cancelled. On 70 occasions the Board granted Victim Submissions to the Board approval not to perform. The CSA Act provides victims with an Automatic cancellations opportunity to express any concerns they, or their family, have regarding an offender’s Section 70 of the CSA Act requires the Board to possible release on parole or licence. The Act cancel an offender’s periodic detention order also allows a person to provide a submission if the Board decides that, since an offender to the Board on behalf of a victim. Providing a was sentenced to serve periodic detention, submission to the Board is voluntary. the offender has been convicted or found guilty of an offence against a territory law, or a law of the Commonwealth, a state or another Grahame Delaney territory that is punishable by imprisonment; Chair or an offence outside Australia, that, if it had been committed in Australia would be Sentence Administration Board of the punishable by imprisonment. Australian Capital Territory
Of the 17 Periodic Detention orders cancelled, August 2015 none were cancelled as a result of a further conviction in 2014-15.
Review of release on licence
During 2014-15, the Board conducted no reviews under section 306 of the CSA Act, in relation to an offender’s release on licence.
8 Any one offender could be included more than once in these totals and note that the Board may make more than one decision at hearing.
374 Justice and Community Safety Directorate Annual Report 2014-15 Attachments COMPLIANCE STATEMENT
The 2014-15 Justice and Community Safety Part 3 Reporting by Exception Directorate Annual Report complies with the 2015 Annual Report Directions (the JACS has nil information to report by Directions). The Directions are available on the exception under Part 3 of the Directions for the ACT Legislation Register: www.legislation.act. 2014-15 reporting period. gov.au/ni/2015-207/current/pdf/2015-207.pdf. This Compliance Statement indicates the Part 4 Agency Specific Annual subsections, under the five parts of the Report Requirements Directions that are applicable to JACS and the location of information that satisfies The following subsection of Part 4 of the 2015 these requirements: Directions is applicable to JACS and can be found within this Annual Report: Part 1 Directions Overview K. Victims of Crime, see page no. 311. The requirements under Part 1 of the 2015 Directions relate to the purpose, timing and Part 5 Whole of Government distribution, and records keeping of annual Annual Reporting reports. This Annual Report complies with all subsections of Part 1 under the Directions. All subsections of Part 5 of the Directions In compliance with Part 1, Section 13 Feedback apply to JACS. Consistent with the Directions, of the Directions, contact details for JACS are the information satisfying these requirements provided within the report to provide readers is reported in the one place for all ACTPS with the opportunity to provide feedback. directorates, as follows: M. Community Engagement and Support, in Part 2 Agency Annual Report the 2014-15 CMTEDD Annual Report; Requirements N. Justice and Community Safety, including all subsections N.1-N.4, see page no. 321; The requirements within Part 2 of the Directions are mandatory for all agencies and O. Public Sector Standards and Workforce JACS complies with all subsections as follows: Profile, including all subsections O.1 – O.3, in the 2014-15 State of the Service Report A. Transmittal Certificates, see page no. 7. produced by the Commissioner for Public Administration; and B. Organisational Overview and Performance, inclusive of all subsections, see page no 11. P. Territory Records, in the 2014-15 Director of Territory Records Annual Report, annexed C. Financial Management Reporting, inclusive in the 2014-15 CMTEDD Annual Report. of all subsections, see page no. 155. ACTPS directorate annual reports are found at the following web address: www.cmd.act.gov. au/open_government/report/annual_reports.
376 Justice and Community Safety Directorate Annual Report 2014-15 ACRONYMS
AAIMS Australasian Interagency Incident ARC Assisted Release to Community
Management System ATTACHMENTS . ASQA Australian Quality Skills Authority AAs Administrative Arrangements BOP Bushfire Operational Plan ACAT ACT Civil and Administrative Tribunal CAD Computer Aided Dispatch ACSF Australian Core Skills Framework CCTV Closed Circuit Television ACTAS ACT Ambulance Service CERD Convention Against Elimination of ACTCS ACT Corrective Services Racial Discrimination ACTEIS ACT Engine Immobiliser Scheme CFC Cultural Facilities Corporation ACTF&R ACT Fire & Rescue CFET Consumer Feedback and Engagement Team ACTGS ACT Government Solicitor CFU Community Fire Units ACTIA ACT Insurance Authority CIT Canberra Institute of Technology ACTLCT ACT Law Courts and Tribunal CMAG Canberra Museum and Gallery ACTP ACT Policing CMTEDD Chief Minister, Treasury and ACTPS ACT Public Service Economic Development Directorate ACTRFS ACT Rural Fire Service ComCen ESA Triple Zero (000) ACTSES ACT State Emergency Service Communications Centre ACTSIGC ACT Security In Government CPO Chief Police Officer Committee CPSS Corrections Psychological and AFA Automatic Fire Alarm Support Services AFP Australian Federal Police CSD Community Services Directorate AHPRA Australian Health Practitioner CSIMS Corrective Services Information Regulation Agency Management Solution Project AMC Alexander Maconochie Centre CSU Crisis Support Unit ANAO Australian National Audit Office CTC Canberra Theatre Centre ANZCTC Australia-New Zealand CTU Court Transport Unit Counter-Terrorism Committee CVE Countering Violence Extremism AOD Alcohol and Other Drugs CYPC Children and Young People APIC Audit Performance and Commissioner Improvement Committee DFV Domestic and Family Violence AQF Australian Qualifications Framework DPP Director of Public Prosecution
Justice and Community Safety Directorate Annual Report 2014-15 377 EA Enterprise Agreements NSW New South Wales EM Emergency Media NSWRFS NSW Rural Fire Service EMC Executive Management Council OCYFS Office for Children, Youth and Family Support EMRSDS Emergency Management, Risk, Spatial and Digital Services ORS Office of Regulatory Services EOI Expression of Interest PCO Parliamentary Counsel’s Office EPD Environment and Planning PDC Periodic Detention Centre Directorate PPP Public Private Partnership ER Expenditure Review PSPF Protective Security Policy ESA ACT Emergency Services Agency Framework ESA ICT ESA Information Communications & PTACT Public Trustee for ACT Technology RAFT Remote Area Firefighting Team ESAT ESA Training RED Respect, Equity and Diversity ESD Ecologically Sustainable Development REDCO Respect, Equity and Diversity Contact Officers ESP Environmental Sustainable Platform RFP Request for Proposal ETD Education and Training Directorate RJ Restorative Justice FOI Freedom of Information RJU Restorative Justice Unit HR Human Resources RMP Resource Management Plan HRC ACT Human Rights Commission RTO Registered Training Organisation IGP Indigenous Guidance Partner SARAH Safer Australian Roads and JACS Justice and Community Safety Highways Directorate SBMP Strategic Bushfire Management Plan JR Justice Reinvestment SEMB Security and Emergency JRS Justice Reform Strategy Management Branch JRS Justice Reform Strategy SEMC Security and Emergency Management Cabinet LAS Legal Assistance Services SEMPG Security and Emergency LLN Foundation Skills Training Package Management Planning Group LPP Legislation, Policy and Programs SEMSOG Security and Emergency MAPS Mapping and Planning Support Unit Management Senior Officials Group MPES Minister for Police and Emergency SERBIR Senior Executive Responsible for Services Business Integrity and Risk MSD Musculoskeletal Disorders SMC Strategic Management Committee NPA National Partnership Agreement SOP Standard Operating Procedures
378 Justice and Community Safety Directorate Annual Report 2014-15 SRA Strategic Reform Agenda SURP Station Upgrade Relocation Program TAMS Territory and Municipal Services TCH The Canberra Hospital . ATTACHMENTS . TIC Transport and Infrastructure Council TISOC Transport and Infrastructure Senior Officials Committee TRC Transitional Release Centre TRN Territory Radio Network UC University of Canberra VET Vocational Education and Training VSAT Victims Support ACT WA Western Australia WCAG Web Content Accessibility Guidelines WEISS Women in Emergency Services Strategy WESP Work Experience and Support Program WHS Work Health and Safety
Justice and Community Safety Directorate Annual Report 2014-15 379 INDEX
A access to legal assistance 18 accessible justice system (Strategic Objective Aboriginal and Torres Strait Islander Elected 1) 13, 30, 116 Body elections 79 completion rates 116 in-prison polling 68, 79 policy advice and justice programs 30–9 Aboriginal and Torres Strait Islander Employment Action Plan 137, 138, 142 ACT Ambulance Service (ACTAS) 95, 101–3 Aboriginal and Torres Strait Islander Justice Aranda station 18, 101, 274 Agreement 32, 40 asthma awareness 103 Aboriginal and Torres Strait Islander Justice Blueprint for Change program 18, 101 Partnership 2015–18 16, 18, 30, 32 extreme heat preparedness 103 Aboriginal and Torres Strait Islander justice Greenway ambulance station 18, 101 service 18 National Stroke Foundation links 103 Aboriginal and Torres Strait Islander people patient satisfaction 103 ACT Criminal Justice Statistical Profile 31 service delivery 101 art exhibition 78–9 Snowy Hydro SouthCare 102, 103 Cultural Awareness sessions 142 student information sessions 103 Culture and Land Management Program at AMC 77 ACT Bushfire Council 325, 328, 329, 330 detainees 69, 77–9 ACT Civil and Administrative Tribunal (ACAT) Employment Action Plan 137, 138, 142 appointments 91 Galambany Court 30, 32–3 complaint against presidential members 51 Human Rights Act references to 52 completion rates 116 Indigenous Guidance Partner 34 ACT Community Protection Medal 96, 145 Indigenous Official Visitor 89, 90 ACT Corrective Services (ACTCS) 6, 13, 67–90 NAIDOC Barbecue and Family Day at AMC 78 achievements 68 NAIDOC Week 78, 142 Alexander Maconochie Centre see Alexander Maconochie Centre (AMC) National Sorry Day Bridge Walk 143 business plan 68 Reconciliation Action Plan (RAP) 142 case management 85 Reconciliation Week 143 Community Corrections 81–2 restorative justice 34–8 community service orders 82 Aboriginal Legal Service 17 contraband strategies 70 Access Canberra 47 correctional officer recruitment 87 Office of Regulatory Services becoming part of 5, 137
380 Justice and Community Safety Directorate Annual Report 2014-15 custodial and community correctional women, attracting and retaining 87 programs 83 ACT Criminal Justice Statistical Profile 31 detainees see detainees ACT Emergency Services Agency (ESA) 6, 14, Domestic Abuse Program 68, 83 18, 95–115 enhancing capability 87 Ambulance Service (ACTAS) 95, 101–3 . ATTACHMENTS . Executive Director 68 Business Continuity Plan 95 expenditure review 88 community engagement 103 Extended Throughcare Pilot Program 17, Computer Aided Dispatch (CAD) 17, 100 32, 68, 84–5, 86 Countering Violent Extremism (CVE) 115 functional overview 68 Crisis Management Plan 95 General Managers 68 description 95 information management and ICT Direct Turnout System 18 improvements 86–7 Emergency Services (Output 4.1) 14, Information Management Solution Project 95–115 68, 87 Expenditure Review 95 Intranet Betterment Project 87 Fire and Rescue (ACTF&R) 95, 103–6 objectives 67–90 fuel hazard assessments 327 offender management 67 Headquarters modification 17 operational plans 68 ICT projects 100, 326 Out of the Dark program 83 interstate deployment 97 Output 2.1 13, 67–90 objectives 95–115 priorities 67–90 operational services 95 probation and parole officer recruitment 87 preparedness 14, 95 public information sessions 88 prevention and mitigation 14, 95 registered training organisations (RTO) 139 priorities 95–115 rehabilitation review, response to 88 recovery 14, 95 reintegration of offenders 67 registered training organisations 140 research and evaluation 86 response 14, 95 reviews and external scrutiny 88 response numbers 96 safe community (Strategic Objective 2) 67–90 RiskMan accident/incident reporting system 95 Schema Therapy program 86 Rural Fire Service (ACTRFS) 95, 106–8 Sentence Administration Section 68, 80 safe community (Strategic Objective 3) 13, statistics 69 95–101, 119 Victim Liaison Officer 374 Security and Emergency Management Victims Register 82 Branch (SEMB) 111–15 Violence Intervention Programs 83 State Emergency Service (ACTSES) 95, Women and Children’s Program 85 108–10
Justice and Community Safety Directorate Annual Report 2014-15 381 Station Upgrade Relocation Program commercial litigation 59 (SURP) 17, 18, 100–1 coronial inquests and inquiries 59 Strategic Bushfire Management Plan detainees 57 (SBMP) 17, 95, 99, 324–30 development projects 55–6 Strategic Reform Agenda (SRA) 18, 95, 98–9, 138 discrimination 57–8 support services 95 employment and industrial relations 57 Territory Radio Network (TRN) 17, 18, 100 health practitioner regulation 58 vehicle replacement program 100 housing 58 volunteers 16, 96–7, 145 human rights 57 Women in Emergency Services Strategy information access and protection 58 (WIESS) 17, 18, 95, 99, 142 infrastructure and construction 55–6 ACT Engine Immobiliser Scheme (ACTEIS) 43 land development and sales 56 ACT Fire and Rescue (ACTF&R) 95, 103–6 leasing and licensing 56 Aranda station 18, 101, 274 legal services directions 364–5 automatic fire alarms 104 major projects 54–61 CBR Bushfire Ready campaign 6, 106, medical negligence claims 59 327, 339 mental health 58 CFU letterbox drops 106 Model Litigant Guidelines 364 community engagement 106 occupational licensing 56 Community Fire Units (CFUs) 16, 106 performance indicators 60 Community Resilience Section 105 planning, heritage and tree protection 56 fire education program 106 priorities 54–61 Firefighter Capability Section 105 public and constitutional law 57 new pumping appliances 105 revenue 56 responsibilities 103 significant commercial and ICT projects service delivery 104 54–5 smoke alarm battery campaign 106 timeliness of opinions provided 60 South Tuggeranong station 6, 95, 100, 274 workplace protection orders 58 training 105 ACT Health Directorate winter fire safety campaign 106 bushfire operational plan 335–6 ACT Fire Museum 106 freedom of information 340, 342, 344, 346 ACT Government Directorate HR e-learning program 348 bushfire operational plan 330–1 human rights 348–9 ACT Government Solicitor (ACTGS) 54–61 legal services directions 359–60 Asbestos Response Taskforce 55 Request for Legal Advice SOP 360 child protection 58 ACT Justice and Community Safety see civil claims 59 Directorate Justice and Community Safety Directorate
382 Justice and Community Safety Directorate Annual Report 2014-15 ACT Law Courts and Tribunal (ACTLCT) ACT Rural Fire Service (ACTRFS) 95, 106–8 case management system 5, 17, 18, 91, 92 community awareness programs 108 coronial investigations 31 community engagement 108 description 91 cross-border briefings with NSW RFS 107 duty lawyer service 17 Farm FireWise program 107, 325, 339 . ATTACHMENTS . ICT Case Management System (ICMS) 91, 92 Hume Helibase Open Day 108 legislative amendments 94 Remote Area Firefighting Team (RAFT) 107 New Court Facilities project 92 responsibilities 106 Output 3.1 13, 91–4 service delivery 106–7 Principal Registrar 91 2014–15 bushfire season 107 priorities 91–4 volunteers 16, 106, 326 procedural reforms 30–1 ACT Sentencing Database 91, 92 Sentencing Database 91, 92 ACT State Emergency Service (ACTSES) 95, strategic objectives 91–4 108–10 Supreme Court see Supreme Court ACTSES Week 110 ACT Law Courts redevelopment project 5 community awareness programs 110 ACT Legal Assistance Forum (ACTLAF) 39 community education 110 ACT Legislation Register 13, 17, 64 community engagement 109 replacement project 65 incident statistics 109 survey 65 responsibilities 108 usage 64 service delivery 109 ACT Legislative Assembly StormSafe campaign 109 Bills presented to 64 volunteers 16 Officers, FOI requests 342, 345, 347 Wear Orange Wednesday (WOW Day) 110 ACT Magistrates Court see Magistrates Court ACT Supreme Court see Supreme Court ACT Planning and Land Authority (ACTPLA) 56 ACT Trauma Support Service 93 ACT Policing (ACTP) 40–2 ACTPS training calendar 139 Annual Purchase Agreement 39, 40–1 ACTTAB Ltd sale 55 enabling service rebasing project 41–2 Administrative Arrangements (AAs) 137–8 performance measure review project 41 Ainsley Primary School 43, 44 restorative justice referrals 33, 35, 36 alcohol and drugs ACT Prevention of Violence against Women ACTCS contraband strategies 70 and Children Strategy 2011–17 41 drink and drug driving laws 49 ACT Property Crime Reduction Strategy drugs regulation 39 2012–15 32, 41, 42, 44 interlock programs 49 ACT Road Safety Fund 39 reducing alcohol related crime 40 ACT Road Safety Strategy 2011–20 46–9 smoking ban in correctional centres 72
Justice and Community Safety Directorate Annual Report 2014-15 383 Alexander Maconochie Centre (AMC) 18, 68, 70 Aranda Ambulance and Fire & Rescue station additional facilities 18, 70 18, 101, 274 ATSI Elected Body elections, polling for asbestos 68, 79 awareness 138 contraband strategies 70 buy-back scheme 55 Court Transport Unit (CTU) 68, 72, 89 Asbestos Response Taskforce 55 Crisis Support Unit (CSU) 72 Ashford, Linda 91 Culture and Land Management Program 77 asset management 278–80 detainee employment 74–6 attraction and retention incentives (ARIs) detainee numbers 69 145–6 electronic security system project 6, 17, 86 Audit Performance and Improvement Committee (APIC) 21, 130 energy efficiency 73, 274 internal audit 130 expansion 70, 274 membership 21, 27, 131 family visits 78 Auditor-General Reports fitness and wellbeing program 84 bushfire preparedness 324, 326 flexible accommodation unit 17, 70 rehabilitation of male detainees 124–6 human rights 68, 85, 358 restoration of the Lower Cotter NAIDOC Barbecue and Family Day 78 Catchment 328 National Simultaneous Storytime 78 speed cameras 121–3 Official Visitors 89, 90 Australian Federal Police (AFP) 40 Oversight Working Group 358 audit on delivery of services to ACT 41–2 rehabilitation of male detainees, A-G’s Volunteers in Policing Program 145 report 124–6 Avril Henry Communication Workshop 96 rehabilitation review, response to 88 awards and recognition Sentence Administration Section based at 80 Resilient Australia Awards 113 smoking ban 72 staff 143–6 special care centre 17, 70, 274 volunteers 96, 145 Staff Mobile Duress System 86 Transitional Release Centre (TRC) 77 B vocational training 75–6 backcapture 65 Women and Children’s Program 85 Barr, Andrew 5 Work Release Program 74 Barry, Susan 79 Ambulance Service see ACT Ambulance Berry, Yvette 79 Service (ACTAS) Blueprint for Change (ACTAS) 18, 101 Annual Reports (Government Agencies) Notice Blueprint for Youth Justice 32, 41 2015 63 Blundell, Tracey 34 Brookman, Wendy 356
384 Justice and Community Safety Directorate Annual Report 2014-15 bullying prevention 138 seasonal outlook for 2015–16 338–9 Burch, Joy 5, 14, 15 Strategic Bushfire Management Plan bushfire operational plans (BOPs) 324, 330–9 (SBMP) 17, 95, 99, 324–30, 337–8 access management 332 business partnership awards 144 ACT Community Services Directorate 337 . ATTACHMENTS . ACT Education and Training Directorate C 336–7 Canberra Hospital ACT Government Directorate 330–1 coronial inquests into deaths 59 ACT Health Directorate 335–6 haemodialysis machines 55 Adult Secure Mental Health Unit, Canberra Institute of Technology Symonston 336 freedom of information 340, 342, 345, 346 auditing and monitoring 333, 337 human rights 349–50 Cultural Facilities Corporation 337 legal services directions 360 equipment 332 Canberra Metro Agency fire infrastructure development 332 freedom of information 340, 342, 345, 346 fuel management 331–2 human rights 350 funding 334–5 legal services directions 360 implementation 339 Canberra Theatre Centre Ngunnawal Bush Healing Farm 335 human rights 353 planning and research 333 Capital Metro Light Rail 54 response and standby 333 Capital Upgrade Program 274 seasonal crew and plant 333 capital works 274–7 TAMS Directorate 331–5 government contracting 281–9 training 332 management table 276–7 bushfires reconciliation schedule 275 ACT Bushfire Council 325, 328, 329, 330 Capital Works and Infrastructure (CWI) 92, 357 ACT Rural Fire Service (ACTRFS) 95, 106–8 carbon neutrality 151 CBR Bushfire Ready campaign 6, 106, 107, case management 5, 17, 18 327, 329, 330, 339 ACTCS case management framework Elevated Fire Danger Plan 329 85, 88 emergency services reforms 97 ICT Case Management System (ICMS) Farm FireWise program 107, 325, 339 91, 92 National Bushfire Mitigation Program 329 Indigenous case managers 90 National Disaster Resilience Program 329 CBR Bushfire Ready campaign 6, 106, 107, 327, operational plans, 324, 330–9 329, 330, 339 preparedness, report on 324, 326 Chapman, Sue 356 review of recovery plans 329 Chief Ministers, Treasury and Economic risk management 324–39 Development Directorate (CMTEDD)
Justice and Community Safety Directorate Annual Report 2014-15 385 ACTCS Expenditure Review 88 human rights awareness 120 freedom of information 340, 342, 344, 346 Community Fire Units (CFUs) 16 human rights 350–1 community guardians 16 legal services directions 361 Community Protection Medal 96, 145 Office of Regulatory Services functions 5, community safety see safe community 137 community service work orders 82 Chilcott, Michael 370, 371 Community Service Work Unit (CSWU) 68, 82 children and young people Community Services Directorate ACTGS legal services 58 bushfire operational plan 337 care and protection orders 58 freedom of information 341, 342, 344, 346 Out of Home Care Strategy 32 human rights 351–2 restorative justice (RJ) 13, 34–8 legal services directions 362 SHINE for Kids 78, 83 compliance statement 376 Church, Brendan 369, 371 construction industry ‘City of Canberra’ locomotive 50 ACTGS legal services 55–6 civil claims Coordinator-General for Domestic and Family ACTGS legal services 59 Violence 5, 17 client satisfaction surveys 65–6 Corbell, Simon 5, 15, 44, 56, 109 clients 14 Coroners Act 1997 91, 93 closed circuit television (CCTV) 112 Coroner’s Court 93 collaboration 12, 16 coronial inquests 31, 93 commercial litigation ACTGS legal services 59 ACTGS legal services 59 procedural reforms 31, 93, 94 committees review of process and practice 93 governance 19–29 correctional centres security and emergency management 114 AMC see Alexander Maconochie Centre community based corrections 13, 82 detainees see detainees Community Corrections 81–3 family visits 78 High Risk Management Team 81 Official Visitors 89, 90 number of offenders supervised by 82 parole 371–2 Parole Unit 81 periodic detention 372–3 Team Building Day 81 smoking ban 72 community engagement Corrections Management Act 2007 89 ACT Emergency Services Agency (ESA) 103 Corrections Psychological and Support ACT Fire and Rescue 105, 324 Services (CPSS) 72 ACT Rural Fire Service 108, 324 Corrective Services see ACT Corrective Services (ACTCS) ACT State Emergency Service 109 Countering Violent Extremism (CVE) 115
386 Justice and Community Safety Directorate Annual Report 2014-15 Court Transport Unit (CTU) 68, 72, 89 education and training 75–6 courts and tribunal see ACT Law Courts and employment 74–6 Tribunal (ACTLCT) family visits 78 Courts Legislation Amendment Act 2015 30, 94 fitness and wellbeing program 84 Cowdroy, Dennis 91 human rights 68, 85, 358 . ATTACHMENTS . Crimes Act 1900 31, 94 numbers forecasting 70–1 Crimes Amendment Act 2014 31 Official Visitors 89, 90 Crimes (Child Sex Offenders) Amendment rehabilitation, A-G’s report 124–6 Regulation 2014 (No 1) 39 statistics 69 Crimes Legislation Amendment Act 2015 40 women 83, 84 Crimes (Restorative Justice) Act 2004 34 development projects Crimes (Sentencing) Act 2005 31 ACTGS legal services 56 Crimes (Sentencing) Amendment Act 2014 30, 31 Director-General Crimes (Sentencing) Amendment Regulation awards 143–4 2015 (No 1) 30 foreword 5–6 Crisis Support Unit (CSU) 72 Directorate Consultative Committee 23 Crowhurst, Moira 15 disaster resilience 113 Cultural Facilities Corporation 340–1 discrimination bushfire operational plan 337 ACTGS legal services 57–8 categories of documents 341 complaints 350 freedom of information 341, 342, 344, 346 National Anti-Racism Strategy 51 functions 340 drafting legislationsee legislative drafting and human rights 353 publishing services see legal services directions 362 drugs alcohol and drugs Drugs of Dependence (Cannabis Use for public access 341 Medical Purposes) Amendment Bill 2014 63 public participation 341 Durkin, Mary 15 customer service awards 144 E D Eastman proceedings 93 Delaney, Grahame 371, 374 ecologically sustainable development 17, detainees 151–4 ACTGS legal services 57 education and training AMC see Alexander Maconochie Centre bushfire operational plan 333 (AMC) detainees 75–6 complaints from 89 staff 138–41 daily average numbers 69 volunteers 138, 140 earnings 74
Justice and Community Safety Directorate Annual Report 2014-15 387 Education and Training Directorate human rights 354–5 bushfire operational plan 336–7 legal services directions 363 freedom of information 341, 342, 345, 346 Evans, Deborah 369, 371 human rights 353–4 Executive Management Council (EMC) 25, 130 legal services directions 362 Executive Work Health and Safety Committee effective regulation and enforcement 22, 28, 134 (Strategic Objective 4) Exercise Alchemy 115 policy advice and justice programs 49–51 Exercise Red Card 115 Electoral Amendment Act 2014 52 Extended Care Paramedic program 17 Electoral Amendment Act 2015 52 Extended Throughcare Pilot Program 17, 32, electoral reforms 52 68, 84–5, 86 electorates 52 Assisted Release to Community (ARC) 85 Elevated Fire Danger Plan 329 Intensive Aftercare Support Program 85 Elliott, Gordon 131 number of releases to 84 Emergencies Act 2004 97, 103, 106, 324 Emergencies Amendment Act 2014 97 F emergency services see ACT Emergency family violence 5, 17 Services Agency (ESA) ACT Criminal Justice Statistical Profile 31 employees see staff ACTCS Domestic Abuse Program 68, 83 employment Coordinator-General for Domestic and Aboriginal and Torres Strait Islander Family Violence 5, 17 Employment Action Plan 137, 138, 142 Out of the Dark program 83 ACTGS legal services 57 workshops 142 detainee employment 74–6 Farm FireWise program 107, 325, 339 graduate program 137, 141 Field, Julie 15 replacement EAs 137 Finance Committee 20, 26 staff training 138–41 financial management analysis 156–64 energy 151 financial performance 157–60 ACTGS legal services 56 financial statements 165–273 AMC energy efficiency 73 Fire and Rescue see ACT Fire and Rescue ecologically sustainable development 151 (ACTF&R) renewable energy initiatives 56 firearms regulation 39 environment 17, 151 Fraud and Corruption Prevention Plan ecologically sustainable development 17, 132, 156 151–4 fraud prevention 132–3 Nature Conservation Bill 2014 62 freedom of information (FOI) 340–7 Environment and Planning Directorate ACT Health Directorate 341, 342, 344, 346 freedom of information 341, 342, 344, 346 ACTGS legal services 59
388 Justice and Community Safety Directorate Annual Report 2014-15 Canberra Institute of Technology 340, 342, Government Law section 54 345, 346 Government Solicitor see ACT Government Canberra Metro Agency 340, 342, 345, 346 Solicitor CMTEDD 340, 342, 344, 346 graduate program 137, 141 Community Services Directorate 341, 342, greenhouse gas reduction 151 . ATTACHMENTS . 344, 346 Greenway ambulance station 18, 101 Cultural Facilities Corporation 340, 342, Gungahlin Joint Emergency Services Centre 17 344, 346 Gungahlin mosque 56 Education and Training Directorate 341, 342, 345, 346 H Environment and Planning Directorate 341, 342, 344, 346 Hammond, Greg 15 fees and charges 347 Hart, David 131 JACS Directorate 341, 342, 345, 346 Hayward, Virginia 15 number of decisions 346–7 health practitioners number of requests 344–5 ACTGS legal services 58, 59 Officers of Legislative Assembly 342, Australian Health Practitioner Regulation 345, 347 Agency (AHPRA) 58 section 7 statements 340–2 medical negligence claims 59 section 8 statements 340–2 health record privacy 59 section 79 statements 342 Health Services Commissioner 15, 358, 359 TAMS Directorate 341, 342, 345, 346 heritage protection ACTGS legal services 56 G High Density Housing Safety and Security Galambany Court 30, 32–3 Project 17, 39, 43–5 Gaming Machine (Reform) Amendment Bill Hinchey, John 356 2015 63 Hoefer, Peter 131 Garrisson, Peter 15 Home Safety Information Packs 43 gender diversity 17 Home Safety Program 43 Georges, Sandra 15 homelessness 17 governance Horne, Andrew 79 committees 19–29 housing procurement 281 ACTGS legal services 58 Governance, Coordination and Reporting High Density Housing Safety and Security section 130 Project 17, 39, 43–5 government contracting 281–9 human rights duties of providers 57 procurement principles and processes 281 Housing Assistance Act 2007 58 social procurement 281 human resource management 137–50 awards and recognition 143–6
Justice and Community Safety Directorate Annual Report 2014-15 389 disability, people with 143 I FTE, headcount and demographics 147–50 ICT Case Management System (ICMS) 91, 92 graduate program 137, 141 IM/ICT Governing Committee 27 key initiatives and activities 137 Indigenous art exhibition 78–9 learning and development 138 Indigenous Guidance Partner 34 Respect, Equity and Diversity (RED) 16, information, communication and technology 142–3 ESA projects 100 staff development 138–43 ICT Case Management System (ICMS) 91, 92 whole-of-government policies 137 information access and protection human rights 17, 348–58 ACTGS legal services 58 ACT Health 348–9 Information Management Information ACTGS legal services 57 Communications Technology (IMICT) awareness and compliance 120 Committee 24 Canberra Institute of Technology 349–50 IM/ICT Governing Committee 27 Capital Metro Agency 350 Information Privacy Act 2014 30, 58 CMTEDD 350–1 infrastructure and construction Community Services Directorate 351–2 ACTGS legal services 55–6 Cultural Facilities Corporation 353 infringement notices 39 detainees 68, 85, 358 innovation 12, 16 disability access 357 awards 144 discrimination complaints 350 integrity 12, 16 Education and Training Directorate 353–4 internal accountability 18–29 ‘11 Years in 11 Minutes Over 11 Weeks’ internal audit 130–1 Challenge 142, 356 International Women’s Day 356 Environment and Planning Directorate internships 141 354–6 Interview Friends 16 HR e-learning program 348, 356 JACS Directorate 356–8 J litigation 349, 350, 356 mental health 348, 349 JACS see Justice and Community Safety Directorate privacy of home 57 JACS Executive Committee (JEC) 19 public authorities’ obligations 51–2, 57 JACSNews 142 TAMS Directorate 358 John Walker Crime Trends Analysis 70 Human Rights Act 2004 51, 57, 142, 357 Judicial Commissions Amendment Act 2015 51 Human Rights Amendment Bill 2015 51–2 Judicial Council 51 Human Rights Commission 13, 52 judicial officers 13, 91, 92, 148 Human Service Blueprint 32 Junakovic, Lana 15
390 Justice and Community Safety Directorate Annual Report 2014-15 Justice and Community Safety Directorate L (JACS) land clients and stakeholders 14 ACTGS legal services 56 executive remuneration 18 development and sales 56 freedom of information 341, 342, 345, 346
Lane, Dominic 15, 131 ATTACHMENTS . functions and services 13 law courts see ACT Law Courts and Tribunal governance arrangements 18–29 (ACTLCT) human rights 356–8 Law Officers Act 2011 54, 61 internal accountability 18–29 leadership awards 144 JACS Strategic Plan 2012–17 16 learning and development 138 legal services directions 363–5 leasing and property matters ministers to whom answerable 5 ACTGS legal services 56 mission 12 legal assistance services 38–9 Model Litigant Guidelines 364 ACT Legal Assistance Forum 39 organisational chart 15 Legal Aid ACT 38 organisational overview 12 National Partnership Agreement 38 outlook and future priorities 17–18 legal services directions 359–66 partner agencies 40 ACT Government Solicitor 364–5 performance 16–17 ACT Health Directorate 359–60 planning framework 16 Canberra Institute of Technology 360 role 12 Canberra Metro Agency 360 Senior Executive Team 15, 18 Chief Ministers, Treasury and Economic staff development 138–43 Development Directorate 361 strategic objectives 13 Community Services Directorate 362 values 12 Cultural Facilities Corporation 362 Justice and Community Safety Legislation Education Training and Development Amendment Act 2014 (No 1) and (No 2) 30 Directorate 362–3 Justice and Community Safety Legislation Environment and Sustainable Amendment Act 2015 30 Development Directorate 363 Justice Reform Strategy 5, 16, 18, 31–2 JACS Directorate 363–5 Justice Reinvestment 5, 16, 32, 42, 43, 370 TAMS Directorate 365–6 Legal Services to Government (Output 1.2) 13, K 54–61
Kellow, Philip 15, 91 see also ACT Government Solicitor Kingler, Denis 14 description 54 Krajina, Danielle 15, 131 major projects 54–6 Kuhnke, Peter 369 strategic objectives, priorities and performance 54–61
Justice and Community Safety Directorate Annual Report 2014-15 391 Legislation, Policy and Programs (LPP) unit 30 commercial 59 Justice Reinvestment Strategy 32 human rights 349, 350, 356 strategic objective 1 – accessible justice Litigation & Dispute Resolution section 54 system 30–9 Lutz, Amanda 34 strategic objective 2 – safe community 39–49 M strategic objective 4 – effective regulation and enforcement 49–51 Magistrates Court strategic objective 5 – promotion and disposition times 94 protection of rights and interests 51–3 infringement notices 39 Legislation (Penalty Units) Amendment Act new facilities 92 2014 30 redevelopment 18, 92 Legislation Register see ACT Legislation Magistrates Court (Fisheries Infringement Register Notices) Amendment Regulation 2014 39 legislative amendments Magistrates Court (Major Events Infringement accessible justice 30 Notices) Regulation 2014 39 courts and tribunal 94 Magistrates Court (Nature Conservation effective regulation and enforcement Infringement Notices) Regulation 2015 40 49–51 Magistrates Court (Work Health and Safety emergency services 97 Infringement Notices) Amendment Regulation 2015 (No 1) 39 promotion and protection of rights and interests 51–3 Magistrates Court (Work Health and Safety Infringement Notices) Amendment safe community 39–40 Regulation 2015 (No 2) 40 Legislative Assembly see ACT Legislative Major Events Act 2014 39 Assembly mental health legislative drafting and publishing services (Output 1.3) 5, 13, 62–6 ACTGS legal services 58 see also Parliamentary Counsel’s Office human rights 348, 349 (PCO) Official Visitors 89 drafting service survey 66 Mental Health Bill 2015 30, 63, 348 licensing Mental Health (Treatment and Care) Act 1994 ACTGS legal services 56 30, 348 liquor licences 51 Mental Health (Treatment and Care) Amendment Act 2014 30, 63, 348 occupational 56 Mitcherson, Bernadette 15, 131 Liquor Act 2010 16, 51 Model Litigant Guidelines 364 Liquor Amendment Bill 2015 51 Moore, Philip 34 Liquor Amendment Regulation 2015 51 motorcycle lane filtering trial 5, 48–9 litigation motorsport declarations 51 ACTGS legal services 54, 56–7
392 Justice and Community Safety Directorate Annual Report 2014-15 N Output 1.1: Policy Advice and Justice Programs 13, 30–53 NAIDOC Barbecue and Family Day at AMC 78 Output 1.2: Legal Services to Government 13, NAIDOC Week 142 54–61 art exhibition 78–9 Output 1.3: Legislative Drafting and Publishing
National Anti-Racism Strategy 51 Services 13, 62–6 ATTACHMENTS . National Bushfire Mitigation Program 329–30 Output 1.4: Public Prosecutions 13 National Close the Gap Day 143 Output 1.5: Protection of Rights 13 National Disaster Resilience Program 329 Output 1.6: Regulatory and Transport Services 174, 301 National Forums 40 Output 2.1: Corrective Services 13, 67–90 National Partnership Agreement on Legal Assistance Services 38 Output 3.1: Courts and Tribunal 13, 91–4 National Partnership Agreement on Natural Output 4.1: Emergency Services 14, 95–115 Disaster Resilience 113 National Simultaneous Storytime 78 P Nature Conservation Bill 2014 62 Parker, Vicki 5, 15 nature conservation infringement notices 40 Parliamentary Counsel’s Office (PCO) (Output Needle Exchange Program 68 1.3) 62–6 Negus, Tony 41 backcapture 65 New Court Facilities project 92 client satisfaction 65–6 notices of non-compliance 310 description 62 notification service survey 66 drafting service survey 66 notifications by PCO 64 notification service survey 66 NRMA-ACT Road Safety Act 1992 repeal 39 notifications 64 NRMA-ACT Road Safety Trust Repeal Bill 2015 39 office performance 65–6 republications 64 O significant Bills drafted by 62–3 Office of Regulatory Services (ORS) 131 strategic objectives, priorities and performance 62–6 Access Canberra, becoming part of 5, 137 technical amendments program 63–4 Office of the Solicitor-General 54 timeliness 66 Officers of Legislative Assembly parole freedom of information 342, 345, 347 breaches of conditions 372 Oram, Nigel 61 Community Corrections Parole Unit 81 organisational chart 15 officer recruitment 87 Out of Home Care Strategy 32 orders 372 Out of the Dark program 83 Sentence Administration Board 371–2 outlook 17 partner agencies 40
Justice and Community Safety Directorate Annual Report 2014-15 393 People and Workplace Strategy Unit 356 review of statutory office holders 52 periodic detention 373–4 strategic indicators 120 automatic cancellations 374 Property and Commercial section 54 Sentence Administration Board 373–4 Property Crime Reduction Strategy 2012–15 Periodic Detention Centre (PDC) 68 32, 41, 42, 44 Philips, Brett 131 Protection of Rights (Output 1.5) 13 planning Pryce, David 5, 15, 131, 142 ACTGS legal services 56 Public Advocate of the ACT 13 Planning and Development (Bilateral community guardians 16 Agreement) Amendment Bill 2014 62 public and constitutional law Planning and Development (UC and Other ACTGS legal services 57 Leases) Legislation Amendment Bill 2015 63 Public Pools Bill 2014 63 Playford, Alison 5–6, 15, 143 Public Private Partnership (PPP) Policing Arrangement 40 courts redevelopment project 5, 16, 54, 92, Policy Advice and Justice Programs (Output 274 1.1) 13, 30–53 Public Prosecutions (Output 1.4) 13 description 30 Public Sector Bill 2014 63 performance analysis 30–53 public service awards 145 strategic objective 1 – accessible justice Public Trustee 52 system 30–9 publishing services see legislative drafting and strategic objective 2 – safe community publishing services 39–49 purchase agreements 39, 40–1 strategic objective 4 – effective regulation and enforcement 49–51 Putt, Dr Judy 89, 90 strategic objective 5 – promotion and protection of rights 51–3 Q Principal Registrar 91 Queen’s Birthday Honours List 145 prisoners see detainees Privacy Commissioner 13 R procurement Rail Safety National Law and Regulations 50 governance 281 Rattenbury, Shane 5, 15, 47, 50, 89 government contracting 281–9 recidivism 16, 70, 71 principles and processes 281 Reclink Australia 45 social procurement 281 Reconciliation Action Plan (RAP) 142 promotion and protection of rights and Reconciliation Week 143 interests (Strategic Objective 5) 13, 120 Red Tape Reduction Legislation Amendment awareness and compliance with human Bill 2015 63 rights 120 Refshauge, Justice 369 policy advice and justice programs 51–3
394 Justice and Community Safety Directorate Annual Report 2014-15 registered training organisations (RTO) 139–40 risk management 129 renewable energy initiatives bushfire 324–39 ACTGS legal services 56 financial management analysis 156 republications by PCO 64 plan 156 Residential Tenancies Act 1997 RiskMan Accident and Incident Reporting . ATTACHMENTS . review of 53 System 95, 134, 137 residential tenancies disputes road safety 5, 40, 46–9 ACTGS legal services 56 ACT Road Safety Fund 39 fairness 53 ACT Road Safety Strategy 46–9 Resilient Australia Awards 113 deaths, statistics 46 resource efficiency 152 Inquiry into Vulnerable Road Users 48, 126 Resource Management Plan 151 mobile camera deployment strategy 47 respect 12, 16 motorcycle lane filtering trial 5, 48–9 Respect, Equity and Diversity (RED) National Road Safety Strategy 46 awards 144 Road Safety Awareness Program 49 awareness sessions 138 road safety camera program 17, 47 Contact Officers (REDCOs) 142, 353–4 speed cameras, Auditor-General’s report 121–3 framework 16, 142–3 Yellow Ribbon Road Safety Week 47 restorative justice (RJ) 13, 34–8 Road Transport Legislation Amendment Bill ACT Criminal Justice Statistical Profile 31 2015 49 ACT policing diversionary opportunities 36 Road Transport Policy 51 agreements 37 Robinson, David 91 compliance rates 37 Ross, Lisa 34 conferences 36 Roy, Alasdair 15 extension to adult offenders 18 Rural Fire Service see ACT Rural Fire Service Indigenous Guidance Partner 34 (ACTRFS) participant surveys 38 participation rates 37 S
Program 13, 30, 34–8 safe community (Strategic Objective 2) 13, referrals 34, 35 117–18 Restorative Justice Unit (RJU) 31, 34 ACT Community Protection Medal 145 Indigenous Guidance Partner 34 corrective services 67–90 referrals 34, 35 crime related community safety 117 team members 34 emergency services (Strategic Objective 3) revenue 13, 95–101, 119 ACTGS legal services 56 national forums 40 rights see human rights policy advice and justice programs 39–49
Justice and Community Safety Directorate Annual Report 2014-15 395 strategic indicators 117 Siah, Suit Lean 34 Safer Australian Roads and Highways smoking ban in correctional centres 72 (SARAH) 47 Snowy Hydro SouthCare (SHS) 102 Security and Emergency Management Branch Open Day 103, 106 (SEMB) 111–15 Solicitor-General for the ACT 61 capability projects 114 South Tuggeranong ACT Fire & Rescue station CCTV system management 112 6, 95, 100, 274 community projects 114 Southside Community Services 78, 79 disaster resilience 113 speed cameras exercises 114 Auditor-General’s report 121–3 key achievements 111 road safety camera program 17, 47 National and Local Government staff Committees 114 awards and recognition 143–6 protective security actions 112 development 138–43 protective security policy 111 FTE, headcount and demographics 147–50 public safety 112 study assistance 139 Resilient Australia Awards 113 training 139–40 terrorist threat 111 stakeholders 14 Sentence Administration Board Standing Committee on Justice and ACTCS Victim Liaison Officer 374 Community Safety Annual Report 2014–15 369–74 Human Rights Amendment Bill referred to 52 establishment 370 Inquiry into Sentencing report 32 functions 370 State Emergency Service see ACT State letter of transmittal 368 Emergency Service (ACTSES) meetings 371 Statement of Performance 290–307 membership 370 Station Upgrade and Relocation Program overview 369 (SURP) 17, 18, 100–1 parole 371–2 statutory office holders 52 periodic detention 372–3 StormSafe campaign 109 release on licence, review 374 Strategic Bushfire Management Plan (SBMP) 17, 95, 99, 324–30 review, annual 371–4 CBR Bushfire Ready campaign 6, 106, 107, victim submissions 374 327, 329, 330, 339 victims’ issues and contact 374 deployment of bushfire assets and sentencing resources 326 ACT Sentencing Database 91, 92 Elevated Fire Danger Plan 329 Justice Reform Strategy 31–2 Farm FireWise program 107, 325, 339 SES see ACT State Emergency Service fuel hazard assessments 327 SHINE for Kids 78, 83
396 Justice and Community Safety Directorate Annual Report 2014-15 Implementation Working Group 324–5, 338 acting judges 18, 91 incident management team capability 327 disposition times 94 Lower Cotter Catchment management Eastman proceedings 93 328, 330 legislative amendments 94 power infrastructure 328 new facilities 92 . ATTACHMENTS . pre-incident operational plans 325 redevelopment project 18, 54, 92, 274 review of recovery plans 329 submissions on report on inquiry into Strategic Bushfire Capability Framework convictions 31 326, 339 Sustainability Committee 151 summary of 2014–15 337–8 sustainability measures 17, 151 Version 3 324, 331, 335, 337 Symonston Correctional Centre 89 Strategic Management Committee (SMC) 19 strategic objective 1 – accessible justice T system 13, 116 Taylor, Andrew 15 completion rates 116 technical amendments program 64–5 policy advice and justice programs 30–9 Territory and Municipal Services Directorate strategic indicators 116 (TAMS) strategic objective 2 – safe community 13, bushfire operational plans 331–5 117–18 disaster resilience projects 113 corrective services 67–90 freedom of information 341, 342, 345, 346 crime related community safety 117–18 funding for bushfire vulnerability policy advice and justice programs 39–49 reduction 334–5 strategic indicators 117 human rights 358 strategic objective 3 – emergency services 13, legal services directions 365–6 95–101, 119 park and road closures 329 strategic indicators 119 Territory Radio Network (TRN) 17, 18, 100 strategic objective 4 – effective regulation and enforcement Throughcare see Extended Throughcare Pilot Program policy advice and justice programs 49–51 Tierney, Melissa 15 strategic objective 5 – promotion and protection of rights and interests 13, 120 Tomlins, Lisa 61 awareness and compliance with human Tongue, Alan 84 rights 120 traffic and parking policy advice and justice programs 51–3 road safety see road safety strategic indicators 120 Road Transport Policy 51 Strategic Plan 2012–17 16 ticket parking schemes 51 Strategic Reform Agenda (SRA) 18, 95, 98–9, 138 traineeships 141 Strengthening Families project 32 training Supreme Court bushfire operational plan 332
Justice and Community Safety Directorate Annual Report 2014-15 397 registered organisations (RTO) 139–41 criminal injuries compensation staff 138–41 summaries 316–22 Training and Development Unit (TDU) determination of applications 312 138, 139 establishment 312 volunteers 138, 140 number of applications lodged 313 Transitional Release Centre (TRC) 77 recovery of financial assistance 312 transmittal certificates 8–10 reform 18, 53 transport reporting requirements 312 ecologically sustainable development 152 Victims Support ACT (VSACT) 13 road safety see road safety Violence Intervention Programs 83 Road Transport Policy 51 vocational training 75–6, 138 tree protection volunteers 16 ACTGS legal services 56 Emergency Services Agency (ESA) 96–7 tribunal see ACT Civil and Administrative raising profile of volunteering 114 Tribunal (ACAT) RED Contact Officers 142 Rural Fire Service 16, 106, 326 U service medals 96 University of Canberra training 138, 140 new leasing model 63 Volunteer of the Year Awards 145 Public Hospital procurement 55 Vulnerable Road Users, Inquiry into 48, 126 sale of National Rental Affordability Scheme credits 55 W
Walmsley, Stephen 91 V waste management 152, 153 values 12 Watchirs, Helen 15 victims of crime 312–22 water use 151, 153 ACT Victims Register 82 Wear Orange Wednesday (WOW Day) 110 ACTCS Victim Liaison Officer 374 Whealy, Anthony 93 compensation 312–22 Whetnall, Tracey 89, 90 Sentence Administration Board, White, Jon 15 submissions to 374 whole-of-government Victims of Crime (Financial Assistance) Act 1983 312 annual reporting 381 compensation levy 313 human resources policies 137 Victims of Crime Financial Assistance Scheme security and emergency exercises 5, 114 16, 53, 312 security and emergency management awards 314–22 committees 114 compensation levy 313 strategies 41
398 Justice and Community Safety Directorate Annual Report 2014-15 Wilson, Robert 369 Witham, David 34 Women in Emergency Services Strategy (WIESS) 17, 18, 95, 99, 142 WoodWork Shed Project 43, 44 . ATTACHMENTS . work experience 141 Work Experience and Support Program (WESP) 137, 141 work health and safety 134–7 consultation with workers 134 health and wellbeing 135 improvement notices 134 incidents requiring notification 134 infringement notices 39, 40 injury management (national WHS targets) 135 injury prevention programs 134–6 RiskMan accident/incident reporting system 134, 137 targets 135 training 134 Workplace Consultative Committee 29 Work Health and Safety Committee 22, 28, 134 Working with Vulnerable People registration of staff and volunteers 137 Working with Vulnerable People (Background Checking) Act 2011 137 Workplace Consultative Committee 29 workplace protection orders ACTGS legal services 58
Y
Yellow Ribbon Road Safety Week 47 young people see children and young people Youth Justice Blueprint 32, 41
Justice and Community Safety Directorate Annual Report 2014-15 399
2015
THE LEGISLATIVE ASSEMBLY OF THE AUSTRALIAN CAPITAL TERRITORY
ADDENDA TO JUSTICE AND COMMUNITY SAFETY DIRECTORATE ANNUAL REPORT 2014-15
Presented by Mr Corbell MLA Attorney-General 1 ADDENDUM TO C.2 FINANCIAL STATEMENTS
The following information relating to the Justice and Community Safety Directorate–Audit Report was omitted from C.2 Financial Statements, starting at page 165. It should be inserted following page 165, before the ‘Statement of Responsibility’.
2 Justice and Community Safety Directorate Addenda to Annual Report 2014-15 Justice and Community Safety Directorate Addenda to Annual Report 2014-15 3 4 Justice and Community Safety Directorate Addenda to Annual Report 2014-15