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 as permitted under the Copyright Act 1968, no part may be reproduced without written permission from the Territory Records

Oﬀice, Treasury Directorate, Shared Services,

ACT Government, CPO Box, Canberra City ACT 2601.
JACS Media GPO Box 158 CANBERRA ACT 2601

Telephone

Information pertaining to JACS can be 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 Justice and Community Safety website: www.justice.act.gov.au
Telephone: 02 62074813

Information about the JACS Directorate and

an electronic version of this annual report can be found on the JACS website, http://www.justice.act.gov.au
An electronic version of this 2014-15 Annual Report and previous annual reports can also be found on the JACS website. http://www.act.gov.au

Freedom of information requests can be made by emailing: [email protected]
Telephone: Access Canberra 13 22 81 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

B.1 Organisational overview

11

12

B.2 Performance Analysis

30

Output 1.1 – Policy Advice and Justice Programs Output 1.2 – Legal Services to Government

Output 1.3 – Parliamentary Counsel’s oﬀice

Output 2.1 – Corrective Services Output 3.1 – Courts and Tribunal Output 4.1 – Emergency Services Strategic Indicators and Objectives
B.3 Scrutiny
30 54

62

67 91 95
116 121 129 130 132 134 137

151

B.4 Risk Management B.5 Internal Audit B.6 Fraud Prevention B.7 Work Health and Safety B.8 Human Resource Management

B.9 Ecologically Sustainable Development

SECTION C Financial Management Reporting

C.1 Financial Management Analysis C.2 Financial Statements

155

156 165 274 278 281 290
C.3 Capital Works C.4 Asset Management C.5 Government Contracting C.6 Statement of Performance

Justice and Community Safety Directorate Annual Report 2014-15

3

Section D Notices of Non Compliance

D.1 Dangerous Substances

309

310 310 310
D.2 Medicines, Poisons and Therapeutic Goods D.3 Terrorism (Extraordinary Temporary Powers)

Section K Victims of Crime

311

K. Victims of Crime

312

Section N Justice and Community Safety

N.1 Bushﬁre Risk Management

N.2 Freedom of Information N.3 Human Rights

323

324

340 348

359

N.4 Legal Services Directions

Annexure A Sentence Administration Board

367

Sentence Administration Board of the Australian Capital Territory

Annual Report 2014-15

369

Attachments

Compliance Statement Acronyms

375

376 377

380

Index

4

FROM THE DIRECTOR-GENERAL

I am pleased to present the Annual Report

of the Justice and Community Safety (JACS) Directorate for 2014–15.

As a result of reviewing the governance

framework within which staﬀ operate, the JACS Directorate will commence a revised framework in the 2015–16 ﬁnancial year to

provide a greater level of transparency and accountability at all levels.

The JACS Directorate has continued to deliver

high-quality service to the ACT Government and ACT community throughout the

ﬁnancial year.

As a Directorate, together with our volunteers

and our stakeholders, we supported the

Government in achieving signiﬁcant results

during the reporting period including:

In December 2014, Chief Minister Andrew Barr

was elected as Chief Minister and established a new set of priorities for the Government. Under the new Administrative Arrangements,

the Directorate became answerable to three

Ministers: Minister Simon Corbell continued as the Attorney-General, Minister Joy Burch commenced as the Minister for Police and Emergency Services, and Minister Shane Rattenbury commenced as the Minister for Justice, which includes both Corrective Services and regulatory policy particularly in relation to transport regulation.
• supporting vulnerable Canberrans seeking access to justice, including those experiencing domestic and family violence;

• progressing the tender process for the

Territory’s ﬁrst Public Private Partnership

in delivery of the ACT Law Courts redevelopment project;

• developing the Justice Reform Strategy and Justice Reinvestment Strategy through extensive consultation and research in relation to a new community-based sentencing option for the Territory and consideration of options for ways to reinvest funds in the justice system;

JACS Directorate staﬀ members were also

heavily involved in the transition of the

former Oﬀice of Regulatory Services to

the Chief Minister, Treasury and Economic

Development Directorate to become part

of Access Canberra. We have continued to work closely with our colleagues, given our responsibilities for much of regulatory policy.
• continuing to provide high quality

and timely legislative draﬅing and

publishing services;
• implementing key road safety initiatives

including the motorcycle lane ﬁltering trial;
David Pryce commenced as Deputy

Director‑General, Community Safety in

February 2015 and Vicki Parker joined the

JACS Directorate in April 2015 as Deputy Director‑General, Justice. Both have brought

valuable strategic and leadership skills to our senior executive team. In May 2015, Ms Parker was also appointed as the

Coordinator‑General for Domestic and Family

Violence to ensure all Government reform programs and initiatives are implemented in a coordinated and integrated manner.
• designing a new case management system to create process improvements and

eﬀiciencies for information management in

the ACT Law Courts and Tribunal;
• organising four whole-of-government security and emergency exercises aimed at practising how territory agencies respond to and coordinate an incident at a place of mass gathering;

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

8

9

10 Justice and Community Safety Directorate Annual Report 2014-15

B.1 ORGANISATIONAL OVERVIEW

Innovation

Mission

• we look for ways to continuously improve our services and skills; and
Our mission is to maintain a fair, safe and peaceful community in the ACT where people’s rights and interests are protected.
• we are open to change and new ideas from all sources.

Values
Our Role

We pride ourselves on being a Directorate

whose attitudes and actions are consistent

with the ACT Public Service (ACTPS)

values and behaviours. These values and behaviours are embraced in the JACS Strategic Plan 2012–17 and underpin all of our service delivery to the community.

The JACS Directorate seeks to maintain a

fair, safe and peaceful community in the ACT where people’s rights and interests are respected and protected. This is achieved through the objectives of:

• maintaining the rule of law and the Westminster style of democratic Government;

Respect

• we take pride in our work;
• promoting the protection of human rights

in the Territory;
• we value the contribution of others; and

• providing eﬀective oﬀender management

and opportunities in relation to rehabilitation;
• we relate to colleagues and clients in a fair, decent and professional manner.

Integrity

• protecting and preserving life, property and

the environment;

• we do what we say we’ll do and respond

appropriately when the unexpected occurs;

• providing for eﬀective and cohesive

emergency response and management; and
• we take responsibility and are accountable for our decisions and actions; and

• we engage genuinely with the community, managing resources entrusted to us honestly and responsibly.
• developing and amending legislation covering regulatory functions of Government.

To support the achievement of its objectives,

the Directorate aims to improve service

delivery to Government and the community and to ensure it continues to meet community needs into the future.

Collaboration

• we work openly and share information to reach shared goals; and

• we take on board other views when solving problems and welcome feedback on how we can do things better.

Output 1.4 Public Prosecutions (independently reported)

Our Functions and Services

In line with the 2014–15 ACT Budget Papers, our performance is measured against the following strategic objectives:
The prosecution of summary and indictable

matters, at ﬁrst instance and on appeal, the

provision of assistance to the coroner and the provision of witness services.
• accessible justice system; • safe community;

Output 1.5 Protection of Rights (independently reported)

• safe community – emergency services; and • promotion and protection of rights and interests.
The provision of advocacy, complaint handling, advice, community awareness raising and other services in connection with the promotion and protection of rights, especially for vulnerable members of society, by the ACT Human Rights

Commission (HRC), the Public Advocate of the ACT and Victims Support ACT (VSACT).

This also includes services provided by the Privacy Commissioner.
Our functions and services are described in the budget papers as follows:

Output 1.1 Policy Advice and Justice Programs

The provision of high-quality policy, legislation, ministerial support and advice to portfolio Ministers, Cabinet and other agencies on justice and community safety matters. The administration of security coordination and emergency management policy, and innovative justice

and crime prevention programs (including the Restorative Justice program) across

Government and the community.

Output 2.1 Corrective Services

The provision of safe and secure custody for detainees with a strong focus on the delivery of rehabilitative, educational and vocational

programs, the eﬀective management of un‑sentenced oﬀenders and community

based corrections programs, and the provision of advice and services to the ACT justice system.

Output 1.2 Legal Services to government

The provision of high-quality timely legal advice and representation for the Attorney-General and Government.

Output 3.1 Courts and Tribunal

The provision of 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.

Output 1.3 Legislative Drafting and Publishing Services

The provision of high-quality and timely

legislative draﬅing and publishing services for

ACT legislation and the maintenance of the ACT Legislation Register.

Justice and Community Safety Directorate Annual Report 2014-15 13

policing, courts, corrections, justice, legal, emergency and regulatory services across Canberra, and for the protection of human rights in the community.

Output 4.1 Emergency Services

The ACT Emergency Services Agency

(ESA) is responsible for supporting the

ACT community in regard to emergency management including:
Our clients and stakeholders include: • the ACT Chief Minister;

Prevention and Mitigation: Measures taken in

advance of an emergency aimed at decreasing or eliminating its impact on the community and the environment.
• the ACT Attorney-General; • the ACT Minister for Police and
Emergency Services;

• the ACT Minister for Justice; • the ACT Legislative Assembly;
Preparedness: Measures to ensure that, should an emergency occur, communities, resources and services are capable of responding to and

coping with the eﬀects.

• Commonwealth and other Australian
State and Territory Government agencies

and councils;

Response: Strategies and services to control,

limit or modify an emergency to reduce its consequences.
• the judiciary and the ACT legal profession;

• statutory oﬀice holders and bodies;

• community service providers;
Recovery: Strategies and services to return

the ACT ESA to a state of preparedness aﬅer

emergency situations and to assist with community recovery.
• consumers, licensees, jurors, victims of

crime, oﬀenders and witnesses;

• statutory and non-statutory committees; • media;

Our Clients and Stakeholders

• suppliers and contractors; and

• other Directorates and agencies.

We work with a number of Government and

non‑Government entities to deliver eﬀective

Denis Kingler of Guises Creek receives a medal from Minister for Police and Emergency Joy Burch.

Organisational Chart

Figure 1 – Organisation Chart

Justice and Community Safety Directorate Annual Report 2014-15 15

Our people are fundamental to the implementation of our strategic plan and together we are working on the following areas of focus to assist in the delivery of the Government’s priorities:

Our Volunteers

Many ACT residents donate their time and

eﬀorts as volunteers for our Directorate,

providing an invaluable service to 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

volunteers who selﬂessly help those in

the ACT community who are in need or experiencing disadvantage.

• be ﬂexible enough to focus on

changing priorities;
• ensure our clients have good access to services that meet their needs;

• look for better ways to get the job done; and
Volunteers contribute through the ACT Rural

Fire Service (ACTRFS), ACT State Emergency Service (ACTSES) and ACT Fire & Rescue (ACTF&R) Community Fire Units (CFUs) as

well as assisting the Public Advocate as community guardians for the elderly and as Interview Friends to help young people.
• realise the potential of our people. Through leadership and transparent decision making we will continue to build trust within

the Directorate to bring about positive

changes in line with the Respect Equity and

Diversity (RED) Framework.

Building on the positive experiences of volunteers during the year, the JACS

Directorate will continue to encourage

other Canberrans to volunteer during the year ahead.

JACS Performance During 2014–15

There have been many achievements for

the Directorate during 2014–15. Priorities as identiﬁed in the 2014–15 budget were our

key focus and covered as part of output class contribution to the annual report:

Planning Framework

The JACS Strategic Plan 2012–17 sets out the

steps we will take to deliver better services to our Government to meet the needs of the community and to deliver better service to our community on behalf of Government.
• developing and progressing a Justice
Reform Strategy to enhance the framework

for sentencing oﬀenders, reducing

recidivism and identifying options for Justice Reinvestment;
Our strategy recognises the need to provide leadership, support and development for

JACS Directorate staﬀ as we strive to improve

the services we provide to our Ministers, citizens and each other.
• developing a new Aboriginal and Torres
Strait Islander Justice Partnership;

• progressing reforms to introduce an unexplained wealth law, facilitate major events, and develop a judicial complaints regime, a new Victims of Crime Financial Assistance Scheme, and enhancements to

the Liquor Act 2010;

The Strategic Plan incorporates our commitment to the public sector values and behaviours:

• respect • integrity
• advancing procurement of a Public Private

Partnership (PPP) consortium to deliver

new ACT Court facilities;
• collaboration • innovation.

• starting construction of a new 30 cell special care centre and a new 56 cell

ﬂexible accommodation block at the Alexander Maconochie Centre (AMC);

• progressing implementation of the Courts and Tribunal Case Management system;

• progressing the development of a new
ACT Legislation Register; and progressing of documentation for an enhanced ACTCS Information Management solution;
• progressing the ESA Station Upgrade

Relocation Program (SURP) with completion of a new ﬁre station in South

Tuggeranong, the commencement of construction of a co-located ambulance

and ﬁre station in Aranda and review of

SURP Stage 2;
• developing a road safety camera strategy to reduce speed-related road trauma;

• progressing options for the provision of protection of human rights in the ACT; and

• continuing the delivery of
• modifying the ESA Headquarters to support

a more eﬀective Communications Centre

and incident management capability; environmentally-sustainable development

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

the program;

JACS Outlook and Future Priorities 2015–16

• replacing critical elements of the ESA’s

Territory Radio Network (TRN) and upgrading the Computer Aided Dispatch (CAD);
The JACS Directorate is focusing on a range

of strategic and operational priorities during 2015–16, which are aligned with the Government’s election commitments, the Parliamentary Agreement and budget initiatives. Key priorities are as follows:

• ﬁnalising the Strategic Bushﬁre
Management Plan (SBMP) version three;

• developing and implementing a ‘Women

in Emergency Services Strategy’ (WIESS),

in particular with a view to increase the

number of female ﬁreﬁghters;

• providing oversight of ACT Government reforms and programs through the

Coordinator‑General for Domestic

and Family Violence role to help improve outcomes for Canberrans experiencing violence;
• progressing a feasibility study into the future of the Gungahlin Joint Emergency Services Centre, in particular to explore options for expanded facilities for police to support a growing population;
• supporting vulnerable Canberrans through initiatives to better address family violence, extending the high-density housing
• continuing to deliver the Extended