Department of Justice and Attorney-General Letter of compliance Acknowledgement of Country The Department of Justice and Attorney General acknowledges the traditional custodians of the lands across the State of Queensland, and pays our respects to the Elders past, present, and emerging. We value the culture, traditions and contributions that the Aboriginal and Torres Strait Islander people have contributed to our communities, and recognise our collective responsibility as government, communities, and individuals to ensure equality, recognition and advancement of Aboriginal and Torres Strait Islander Queenslanders in every aspect of our society.
Aboriginal and Torres Strait Islander people are advised that this Department of publication may contain the names and images of deceased people. Justice and Attorney-General Purpose The Department of Justice and Attorney-General’s annual report summarises its financial and corporate performance for 2018–19. It has been prepared to meet the needs of stakeholders and the 16 September 2019 department’s accountability requirements under the Financial Accountability Act 2009.
Open data reporting for additional information is available at: The Honourable Yvette D’Ath MP https://data.qld.gov.au Attorney-General and Minister for Justice The Queensland Government is committed to providing 1 William Street accessible services to Queenslanders from all culturally BRISBANE QLD 4000 and linguistically diverse backgrounds. If you have difficulty in understanding the annual report, you can contact us on 13 QGOV (13 7468) and we will arrange an interpreter to effectively communicate the report to you.
ISSN 1838-1987 (print) ISSN 2652-2861 (online) Dear Attorney-General The Queensland Government supports and encourages the dissemination and exchange of information. However, copyright protects this publication. The State of Queensland has no objection I am pleased to submit for presentation to Parliament to this material being reproduced, made available online or the 2018–19 Annual Report and financial statements electronically, but only if it is recognised as the owner of the copyright for the Department of Justice and Attorney-General. and this material remains unaltered.
I certify that this annual report complies with: ©The State of Queensland Department of Justice and Attorney-General September 2019 ›› the prescribed requirements of the Financial Licence: Accountability Act 2009 and the Financial and Performance Management Standard 2019, and This annual report is licensed by the State of Queensland: Department ›› the detailed requirements set out in the Annual of Justice and Attorney-General under a Creative Commons Attribution report requirements for Queensland Government (CC BY) 4.0 International licence. agencies. CC BY Licence Summary Statement: In essence, you are free to copy, communicate and adapt this annual report, as long as you attribute the work to the State of Queensland Department of Justice and A checklist outlining the annual reporting requirements Attorney‑General. To view a copy of this licence, visit can be found on page 210 of this Annual Report. http://creativecommons.org/licenses/by/4.0/ Attribution: Content from this annual report should be attributed as: Responsible Your sincerely The State of Queensland Department of Justice and Attorney-General Annual Report 2018–19. communities Disclaimer: While every care has been taken in preparing this publication, the State of Queensland Department of Justice and Attorney-General accepts no responsibility for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within this document. To the best of 74 David Mackie our knowledge, the content was correct at the time of publishing. Director-General Our report, including additional information not reported in the Department of Justice and Attorney-General published version, is available at www.justice.qld.gov.au/corporate/ general‑publications/annual-report/2018-19-djag-annual-report
Contact details for additional hard copies: Corporate Governance Unit Department of Justice and Attorney-General GPO Box 149, Brisbane QLD 4001 Tel: + (617) 3738 9217 www.justice.qld.gov.au Email: [email protected]
19_6224 Introduction 2
Safe Fair communities communities 20 52
Responsible Integrated communities services 74 86
Appendices 128 INTRODUCTION
2 Department of Justice and Attorney-General | Annual Report | 2018–19 About us...... 4 2018–19 achievements...... 5 Director-General’s message...... 6 Summary of financial performance...... 8 Our department...... 12 Our service areas...... 16 Organisational chart...... 17 Our regions ...... 18
Department of Justice and Attorney-General | Annual Report | 2018–19 3 INTRODUCTION
About us
Our role The Department of Justice and Attorney General (DJAG) is responsible for administering justice in Queensland. DJAG also provides regulatory and consumer protection services, reducing the risk of harm from liquor and gambling, and supporting business, community and not‑for‑profit organisations.
DJAG operates under the Administrative Arrangements Order (No. 1) 2018. DJAG discharges its statutory obligations under 205 Acts listed in Appendix 4 (see page 196). Progress in achieving these obligations is documented throughout this annual report, and where further information is available externally, links to the relevant websites are included.
4 Department of Justice and Attorney-General | Annual Report | 2018–19 2018–19 achievements
In 2018–19 we registered:
61,071 31,386 23 6,494 births deaths changes of gender changes of name
23,113 1,156 4,157 marriages same-sex civil partnerships marriages
issued: registered: distributed: 222,232 836 $71.26 million life event new not-for-profit to community organisations certificates organisations through the Gambling Community Benefit Fund
assisted: provided guardianship determined 9,584 services to: 12,805 vulnerable children 3,421 adult guardianship through 40,302 visits by adults with impaired and administration Community Child Visitors capacity matters from the Office of the Public Guardian
granted: conciliated: achieved: 647 14,529 $7.6 million new liquor complaints received redress for licences under consumer consumers protection legislation
confiscated: appointed: witnessed: $3.7 million 1,520 1.8 million under proceeds of new JPs/CDecs documents at our JPs crime legislation in the Community signing sites
Department of Justice and Attorney-General | Annual Report | 2018–19 5 INTRODUCTION
Director-General’s message
I am proud to present the Department of Justice and Addressing domestic and family violence Attorney-General (DJAG) 2018–19 annual report. This report showcases our key achievements throughout the We remain committed to ending domestic and family year against our 2018–22 Strategic Plan, and highlights our violence in Queensland. Our message is consistent commitment to delivering justice for all through safe, fair that domestic and family violence has no place in our and responsible communities. communities—not now, not ever.
Our work is as diverse as the communities we serve We hold the perpetrators of domestic and family violence and in which we live. What we do, and how we do it, accountable for their actions, and provide a range of impacts the lives of all Queenslanders, not only in our mechanisms to help them desist from re-offending. urban communities, but also across our rural, regional, Specialist domestic and family violence courts operate in and remote areas. Whenever I visit Queensland regions, Southport, Beenleigh, Townsville and Mt Isa. The Domestic I am consistently impressed by the quality and value and Family Violence Death Review and Advisory Board of the frontline services our staff deliver to support provides statistical analysis of the cases of every person criminal, civil, and community justice outcomes, and killed by a family member or intimate partner in Queensland, which help Queenslanders live in a safe, accessible and and makes recommendations to prevent future deaths. harmonious society. Protecting and assisting vulnerable Keeping Queensland safe Queenslanders Children, and adults with impaired capacity are some of Keeping people and communities safe is one of our highest the most vulnerable and disadvantaged people in our priorities. We are committed to driving the Queensland communities. They require and deserve our protection. Government’s Our Future State: Advancing Queensland’s We support them by providing frameworks to protect the Priorities. To achieve this, we have implemented strong safety, rights and interests of all vulnerable people. criminal justice programs that increase community safety and crime prevention. Our civil justice services help create We have a specialist unit dedicated to child protection a harmonious society, and we deliver community justice applications undertaken by the Director of Child services to protect and empower the community. Protection Litigation. The Office of the Public Guardian has Community Visitors who provide a critical advocacy Our specialist courts deliver community benefit through function for children in care, and adults with impaired diversionary programs giving offenders opportunities to capacity. The Office of the Public Advocate works on address the underlying causes of their offending behaviour. behalf of adults with impaired capacity by monitoring and Our diversionary programs are an important component of reviewing systems, facilities, and services in Queensland. a properly functioning justice system and assist offenders with rehabilitation. Most importantly, we assist and support Queensland’s Blue Card system is one of the strongest in victims of crime to help get their lives back on track. Australia. With close to one in six Queensland adults and over 32,000 organisations part of our Blue Card system, The Queensland Drug and Alcohol Court constitutes we undertake daily monitoring of over 769,000 Blue Card an integrated multi-agency approach to providing holders and applicants in Queensland. supervision, treatment and interventions to adult offenders at high risk of offending as a direct result of severe drug and alcohol use. Fair and responsible communities Murri Court offers culturally appropriate support and DJAG makes a significant contribution to fair and court processes to Aboriginal and Torres Strait Islander responsible communities through appropriate frameworks, defendants to help them to stop offending and to regulation and decision-making. We help Queenslanders to contribute positively to their communities. Murri Court now resolve disputes peacefully. We acknowledge the challenges operates in 15 locations across Queensland. facing Aboriginal and Torres Strait Islander communities, and are determined to reduce the over-representation of Alcohol-fuelled violence is being addressed through a suite Aboriginal and Torres Strait Islander people in the justice of measures to effect social change around the culture of system. We help minimise harm from alcohol and gambling drinking, including the continuation of safe night precincts, by balancing social costs and economic benefits. enhanced requirements for the responsible service of We work proactively to ensure all Queenslanders are treated alcohol, and mandatory ID scanning across Queensland. with respect and dignity. We value diversity in an inclusive society, where all Queenslanders can grow and prosper.
6 Department of Justice and Attorney-General | Annual Report | 2018–19 We are working across Government, and with the ›› continuing to strengthen the Queensland legislative community to deliver services that contribute to the framework to ensure a safe, fair and responsible Queensland Government’s objective of being a responsive Queensland, and Government, by supporting and enabling criminal, civil and ›› responding to the expectations of the communities we community justice. serve through legislative amendment and public policy. Legislative change Our people and our workplaces Our society is a constantly evolving spectrum of individual communities. It is imperative that governments keep pace Our people are the heart of DJAG, and are responsible with changing community standards and expectations, and I for every success we achieve. The diversity and depth of sincerely believe that in DJAG, we are doing this successfully. knowledge, experience and skillsets of our staff is our During 2018–19, the Queensland Parliament passed greatest asset. Justice administration is deeply rewarding, significant legislation in which DJAG played a pivotal role: but also not without its challenges. DJAG employees are resilient, highly capable, compassionate, and professional › › The Human Rights Act 2019 protects 23 fundamental public servants who contribute positively to Queensland human rights for all Queenslanders, and makes human communities through dedication to their work and rights a focus of everything we do. innovative service delivery. ›› Amendments to the Criminal Code make it a crime to share or distribute, or threaten to share or distribute I remain dedicated to making DJAG an employer of first intimate images of a person without their consent. choice for all Queenslanders. We develop targeted learning and development opportunities, robust frameworks and › › The Termination of Pregnancy Act 2018 ensures that leadership programs to harness performance capability. Our terminating a pregnancy is treated as a health issue Charter unites our people and business areas under common rather than a criminal issue. services and themes to contribute to community outcomes. ›› Amendments under the Queensland Civil and DJAG is a safe, healthy, diverse and inclusive workplace, Administrative Tribunal and Other Legislation which empowers our people to achieve their potential. Amendment Act 2019 (the QCAT Amendment Act) protect Queenslanders buying a vehicle. The new ‘lemon laws’ lift QCAT’s jurisdiction limit on motor vehicles from Acknowledgements $25,000 to $100,000; redefine the term vehicle to It is my great privilege to lead DJAG, and I sincerely thank include motorhomes and caravans; and reinstate Class our dedicated staff, and also our volunteers, who give so B warranties for older, second hand vehicles sold to much to DJAG on a daily basis. In particular, I thank our consumers by motor dealers under the Motor Dealers and Justices of the Peace for their valued contributions to DJAG Chattel Auctioneers Act 2014. Queensland will continue and to the people of Queensland. to advocate for national laws specifically to protect new car buyers, including purchasers of ‘lemon’ vehicles. We have realised great achievements throughout 2018–19, ›› The Crime and Corruption Act 2001 was amended and these are detailed throughout this annual report. I to widen the definition of corrupt conduct, giving encourage you to read the performance chapters of the Queenslanders greater confidence in the integrity of report, and to visit our website www.justice.qld.gov.au for public institutions and public servants. further information.
2019–20—looking forward Our key priorities and initiatives for 2019–20 are: ›› implementing priority recommendations made by the Queensland Family and Child Commission regarding David Mackie Blue Card Services and the ‘No Card, No Start’ Director-General application process ›› preparing DJAG for the full commencement of the Human Rights Act 2019 as of 1 January 2020 ›› improving our services to the community through the preparatory stages of our ICT Digital Transformation Strategy, which will make our systems more accessible, quicker and easier to use ›› delivering courthouse upgrades in Beenleigh, Townsville and Rockhampton ›› enhancing service delivery and access to justice services for vulnerable and disadvantaged Queenslanders such as victims of crime, adults with impaired capacity, children in need of protection, people with disability, and people over-represented in the justice system
Department of Justice and Attorney-General | Annual Report | 2018–19 7 INTRODUCTION
Summary of financial performance
The financial amounts summarised below reflect DJAG’s operations (excluding administered activities).
For the year ended 30 June 2019 DJAG reported an operating surplus of $5.612 million.
Income 2018–19 Income—where our funds come from 2018–19 2018–19 DJAG’s revenue totalled $598 million against the Budget Budget Actual Variance of $605 million. The variance of $7.389 million (1.2%) is Revenue category $’000 $’000 $’000 mainly due to funding realigned to meet DJAG’s operational needs, inter-departmental transfers, reduced goods and Appropriation revenue 500,663 489,336 (11,327) services received below fair value and reduced funding for User charges and fees 89,973 96,433 6,460 the Legal Services Commission. These are partially offset by additional professional fees for legal services. Grants and contributions 14,252 10,873 (3,379) DJAG’s primary funding is appropriation revenue provided by the Queensland Government to enable DJAG to carry Other revenues 438 1,295 857 out its services. Total 605,326 597,937 (7,389)
$. M Grants and $. M contributions Other revenues
$ . M User charges and fees
$ million
$ .M Appropriation revenue
8 Department of Justice and Attorney-General | Annual Report | 2018–19 Expenses
DJAG’s expenditure totalled $592 million against the Budget of $603 million resulting in a variance of $10.403 million (1.7%).
2018–19 Expenditure—how our funds are spent Expenditure by category as a proportion of total spend
2018–19 2018–19 .% Budget Actual Variance . % Other expenses Expense category $’000 $’000 $’000 Depreciation and .% amortisation Grants and Employee expenses 335,115 339,062 3,947 subsidies
Supplies and services 195,985 175,276 (20,709)
Grants and subsidies 406 1,094 688
Depreciation and amortisation 68,819 70,885 2,066 Other expenses 2,403 6,008 3,605
Total 602,728 592,325 (10,403) . % . % Supplies and Employee services expense
$. M Other expenses . % Other expenses $ .M . % Depreciation and Depreciation and .% amortisation amortisation Grants and $. M subsidies Grants and subsidies
$ million
$.M $ . M Supplies and Employee services expenses . % . % Supplies and Employee services expenses
Employee expenses The supplies and services expenditure for 2018–19 was $175.276 million, a decrease of $20.709 million compared Employee expenses for 2018–19 totalled $339.062 million, to the Budget of $195.985 million. The decrease is primarily which was $3.947 million higher than the Budget of due to a realignment of funding to meet DJAG’s operational $335.115 million. The increase is primarily due to increased needs in 2019–20, reduced expenditure for goods and funding provided to support the justice system. services received below fair value, reduced expenditure for outsourced service delivery and reduced expenditure for software maintenance and support. Supplies and services Supplies and services expense represent the costs incurred from third parties for DJAG’s daily operations Depreciation and amortisation during the financial year. The most significant supplies Depreciation and amortisation are an estimate of the cost and services expenditure in 2018–19 was incurred for of property, plant and equipment and intangible assets property utilities and maintenance to support the delivery consumed during the year. of services.
Department of Justice and Attorney-General | Annual Report | 2018–19 9 INTRODUCTION
DJAG services
2018–19 Income by DJAG service area 2018–19 Expense by DJAG service area
$ $ . M . M $ .M $ . M Legal and Liquor, Gaming Legal and Liquor, Gaming Prosecutions and Fair Trading Prosecutions and Fair Trading Services Services
INCOME EXPENSE
$. M Justice Services $ . M Justice Services
Assets Liabilities
At 30 June 2019, DJAG held assets valued at $1.318 billion As at 30 June 2019, DJAG held liabilities of $65.797 million consisting mainly of land, buildings and construction which is $28.445 million higher than the budget forecast work in progress. DJAG forecasted an asset balance of of $37.352 million. The variance is mainly due to increased $1.315 billion for the year. The variance of $3.375 million trade creditors, increased lease incentive liabilities and is primarily attributable to increased cash as a result increased employee benefits payable. of increased payables, current year surplus, increased accrued employee expenses and increased lease incentive assets. This is partially offset by lower than anticipated revaluation increments from the annual non-current asset revaluation and reduced receivables.
Capital acquisitions for 2018–19 were $42.091 million with work continuing to upgrade the Rockhampton, Beenleigh and Townsville courthouses and for minor capital works and leasehold improvement projects.
Projects ongoing in 2019–20 include the completion of upgrades to the Rockhampton, Beenleigh and Townsville courthouses, completion of implementation of an online Blue Card application system; and the expansion of the existing audio visual capacity in the justice system.
10 Department of Justice and Attorney-General | Annual Report | 2018–19 Comparison of actual financial results Chief Financial Officer statement with budget Corynne Scott, Executive Director, Financial Provision of these statements allows comparison of Services is the appointed Chief Financial the actual financial results of the controlled operations of DJAG with the published budget in the State Budget Officer (CFO) responsible for DJAG’s papers—2018–19 Service Delivery Statements. This is financial administration. consistent with the Queensland Government’s commitment to more transparent financial reporting. In accordance with section 77(2)(b) of the Comparison of actual Income and Expenses against original Financial Accountability Act 2009 (the Act), budget for the year ended 30 June 2019 is provided in Note E2 to DJAG’s 2018–19 financial statements. the CFO has provided the Director‑General with a statement conforming with section 54 of the Financial and Performance Management Standard 2019 attesting that DJAG’s financial internal controls are operating efficiently, effectively and economically.
DJAG’s CFO has fulfilled minimum responsibilities of the role as defined in section 77(1) of the Act.
Department of Justice and Attorney-General | Annual Report | 2018–19 11 INTRODUCTION
Our department
Justice for all through safe, fair and responsible communities
Safe communities ›› Enabling Queenslanders to live in a safe and harmonious society. Create jobs Give all in a strong our children economy a great start ›› Developing and enforcing legislation to ensure rights and safety. Our ›› Addressing offending and re‑offending Future State Be a Advancing Keep behaviour through proactive programs and responsive Queensland’s Queenslanders initiatives. government Priorities healthy
Protect the Keep Great Barrier Reef communities safe Fair communities ›› Providing fair and just court and tribunal services to uphold the rights of Queenslanders. Our objectives contribute to the ›› Resolving disputes and conflicts in a civil and Queensland Government priorities peaceful manner. ›› Applying lawful decision‑making with ethics, transparency and integrity.
We contribute to keep communities safe Responsible communities ›› Delivering criminal justice services to increase ›› Applying regulatory models that encourage community safety and crime business growth, build community confidence prevention. and minimise harm. ›› Delivering civil justice ›› Supporting the most vulnerable and services to create a disadvantaged. harmonious society. ›› Enabling access to information and resources to ›› Delivering community empower individuals, families, businesses and justice services to protect communities. rights and empower the community. Integrated services ›› Providing services to the people of Queensland We contribute to that support criminal, civil and community be a responsive justice outcomes. Government ›› Working collectively and collaboratively with ›› Supporting and enabling stakeholders to deliver Government priorities criminal, civil and and initiatives. community justice. ›› Providing professional, high quality policy and ›› Working across Government legal services to the Queensland Government. and with the community to ›› Supporting service delivery through deliver services. organisational excellence by providing timely, accessible, responsive services that are valued by the community.
12 Department of Justice and Attorney-General | Annual Report | 2018–19 The Queensland Public Service Values
Customers first Ideas into action Unleash potential Be courageous Empower people • Know your customers • Challenge the norm and suggest • Expect greatness • Own your actions, successes • Lead, empower and trust • Deliver what matters solutions • Lead and set clear expectations and mistakes • Play to everyone’s strengths • Make decisions with empathy • Encourage and embrace new ideas • Seek, provide and act on feedback • Take calculated risks • Develop yourself and those • Work across boundaries • Act with transparency around you
›› Protecting the community through ›› Upholding the Charter of Victims’ Rights PERFORMANCE INDICATORS: legislative frameworks that reflect for victims of crime and their families by the expectations of the community providing fair and transparent justice ›› Improved accessibility of services and stakeholders, while maintaining through effective prosecution services. ›› Improved timeliness of services individual’s rights. › › Reducing occurrences of domestic ›› Appropriate diversionary programs and › › Holding offenders to account for their and family violence by addressing the sentencing alternatives available criminal behaviour by supporting courts causes of offending behaviours and to hand down timely sentences. providing time-critical services to people ›› Professional prosecution services experiencing domestic violence. ›› Supporting individuals to desist from re- ›› Support provided to victims of violent offending by addressing the underlying ›› Providing support to children and families crime causes of criminal behaviours through involved with the child protection system appropriate sentencing and diversionary through legal, advocacy and mediation programs. services.
›› Reducing over‑representation of ›› Enabling lawful and consistent decision- PERFORMANCE INDICATORS: Aboriginal and Torres Strait Islander making, relying on ethics, transparency people in the criminal justice system and integrity to resolve civil disputes. ›› Improved accessibility of services through sentencing and diversionary ›› Providing advocacy, decision‑making, ›› Improved timeliness of services options that include culturally legal advice and frameworks to protect appropriate interventions. ›› Effectiveness of services provided to the safety, rights and interests of children protect the safety, rights and interests of › › Assisting people to resolve disputes and and vulnerable people. people in need of protection particularly conflicts in a civil and peaceful manner ›› Ensuring a safe and equitable children and adults with impaired through access to appropriate services, marketplace to protect business and capacity including those offered at courts and consumers from unfair and unsafe tribunals. products and services.
›› Minimising harm caused by alcohol ›› Providing a regulated gambling PERFORMANCE INDICATORS: abuse and misuse through the tackling environment, where integrity and probity alcohol‑fuelled violence policy and is maintained, and the potential for harm ›› Improved accessibility of services through liquor industry regulation. is minimised to ensure balance between ›› Improved timeliness of services › social costs and economic benefits. › Enabling vulnerable and disadvantaged ›› Distribution of State and Commonwealth › Queenslanders to access › Providing information to the community funding to the legal assistance sector community‑based legal services to enable a better understanding of through the distribution of State and our services and our role in the justice ›› Reduced alcohol‑related harm in the Commonwealth funding to the legal system. community assistance sector. ››
›› Ensuring professional, high quality ›› Enhancing our ability to provide services PERFORMANCE INDICATORS: policy and legal services are provided to through workforce capability, digital Government. transformation and service demand ›› Improved accessibility of services management to meet the needs of the ›› Continuously improving our facilities by ›› Improved timeliness of services community. considering purpose, accessibility and ›› Improved client, customer and staff › security to provide better services to the › Providing safe, supportive and respectful satisfaction community. workplaces where employees are ›› Improved workplace inclusion, diversity › recognised for great service. › Ensuring robust governance, financial and engagement and sustainability practices that ›› Recognising the value of diversity contribute to public confidence and in our workforce and the diversity in organisational excellence. the communities we serve, ensuring inclusiveness and access to services.
Department of Justice and Attorney-General | Annual Report | 2018–19 13 INTRODUCTION
Our vision Justice for all through safe, fair and responsible communities
Our purpose Our purpose is to provide justice‑related services to the community, which are supported and enabled by our justice capability to achieve our vision. Our service commitment is supported by Our Charter and the Queensland Public Service Values.
Our Charter In June 2018, DJAG launched Our Charter. Our Charter is an aspirational document that embeds the approach, behaviour, and performance of DJAG staff in delivering accessible, timely, responsive and valuable services to the people of Queensland. Our Charter supports our Strategic Plan by focusing on strengthening the internal capability of our staff, and strengthening collaborative relationships across all service areas. Our staff at every level are expected to embrace and embody the principles outlined in Our Charter. Our Charter’s principles and service commitments also support the Queensland Public Service Values.
14 Department of Justice and Attorney-General | Annual Report | 2018–19 Our strategic objectives Our strategic challenges We aim to deliver our vision through the following strategic Service demand pressures objectives: Developing evidence‑informed strategies to meet the › › Safe communities increasing demand for our services will also assist with ›› Fair communities predicting service growth areas. ›› Responsible communities, and ›› Integrated services. Meeting community expectations
Each year we focus on priorities and initiatives which Engaging with the community about our role in the justice support us to meet our strategic objectives. Performance system further builds community understanding and drives information against our strategic objectives is presented service enhancements. in detail within the performance chapters (chapters 1‑4) of this annual report. Information security Protecting our information and assets is essential to building community confidence and preventing Our key priorities and initiatives cyber‑crime. During 2018–19 our key priorities and initiatives supporting our strategic objectives were: Digital disruption ›› continuing to implement domestic and family violence reform initiatives in Queensland Embracing new technology enables us to provide enhanced services and ensure the reliability, security and resilience ›› responding to justice issues arising from the of our ICT systems. recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse ›› ensuring that there are appropriate diversion and intervention programs to support defendants in the Our opportunities criminal justice system to address the underlying Empowering our staff with skills and resources increases causes of offending, including the permanent capability and capacity to meet community needs and establishment of the Murri Court and continuation of expectations. the Drug and Alcohol Court and Court Link programs ›› developing Human Rights legislation in Queensland Digital transformation provides an opportunity to provide innovative and collaborative ICT strategies that are ›› implementing priority recommendations made by the customer-centric and meet current and future demand. Queensland Family and Child Commission regarding Blue Card Services and the Government election commitment Evaluating the impact of legislative reform continuously for the ‘No Card, No Start’ application process improves the effectiveness of policies and initiatives. ›› creating new laws to protect Queenslanders against non‑consensual sharing of intimate images, including sending or threatening to send intimate material without consent ›› undertaking work to reinstate statutory class ‘B’ warranties, in order to better protect consumers who buy older, used motor vehicles from a motor dealer ›› continuing to advocate for national laws to specifically protect new car buyers, including purchasers of ‘lemon’ vehicles ›› enhancing service delivery and access to justice services for vulnerable and disadvantaged Queenslanders such as victims of crime, adults with impaired capacity, children in need of protection, people with disability, and people over-represented in the justice system, and ›› supporting the Crime and Corruption Commission’s jurisdiction in addressing corrupt activity within the public sector.
Department of Justice and Attorney-General | Annual Report | 2018–19 15 INTRODUCTION
Our service areas
We have three service areas each focusing on delivering on our strategic objectives.
The ODPP is an independent authority responsible for the Justice Services prosecution, on behalf of the State, of people charged Justice Services contributes to safe, fair, and responsible with criminal offences in the High Court of Australia, communities by providing the community with fair, timely Court of Appeal, Supreme Court of Queensland, District and accessible justice services through courts, tribunals, Court of Queensland, Childrens Court of Queensland, coronial, justice of the peace and civil and criminal Magistrates Court (limited), and Mental Health Court. mediation services. By supporting victims of crime and In addition to its criminal law prosecution function, the protecting the rights and interests of vulnerable adults ODPP conducts the legal work on behalf of the Crime and and children, it upholds the rights of Queenslanders and Corruption Commission as the ‘solicitor on the record’ for ensures they are treated fairly. Births, deaths and marriages confiscations proceedings under the Criminal Proceeds registration services protect access to individual legal and Confiscation Act 2002. social rights through validated identity documents. The Director of Child Protection Litigation is an independent statutory officer. The role of the Director is to decide whether or not an application for a child protection Legal and Prosecutions order should be made for a child, and the type of order that should be sought. If an application for a child protection Legal and Prosecutions encompasses Crown Law, Strategic order is made, the Director is responsible for conducting Policy and Legal Services (SPLS), the Office of the Director the legal proceeding in the Childrens Court. Performance of Public Prosecutions (ODPP), and the Office of the of the Director’s function is assisted by the ODCPL. The Director of Child Protection Litigation (ODCPL). ODCPL works collaboratively with the Office of the Child and Family Official Solicitor within the Department of Crown Law provides legal services to Queensland Child Safety, Youth and Women (CSYW) to manage child Government under a self‑funded business model, protection order applications and proceedings to ensure exemplifying model litigant principles (fairness, firmness, applications and outcomes are dealt with efficiently by and alternative dispute resolution). In addition, Crown using evidence based decision making. Law develops and provides practical training workshops, briefings and manuals on topics relevant to officers at all levels across Government, as well as specific legal training, tailored to the specific needs of Queensland Government Liquor, Gaming and Fair Trading agencies. By providing effective legal services across Government, Crown Law contributes to the overall standard Liquor, Gaming and Fair Trading provides regulatory and of Government services provided to Queenslanders. consumer protection services across the liquor, gaming, and general services sectors to contribute to fair, safe SPLS develops and coordinates proposals for justice‑related and responsible communities. It encourages marketplace legislation and provides advice on law reform and justice and industry integrity, fosters business and consumer policy. SPLS also provides legal advice and advocacy confidence, implements initiatives that reduce the risk of services to DJAG, administers our right to information and harm from liquor and gambling and supports business, the privacy obligations, and leads and promotes the delivery of community, and not‑for‑profit organisations. legal services policy across Government.
16 Department of Justice and Attorney-General | Annual Report | 2018–19 Organisational chart
›› Crime and Corruption Commission Parliament ›› Electoral Commission of Queensland ›› Office of the Queensland Ombudsman ›› Office of the Information Commissioner
Office of the Director of ›› Anti-Discrimination Commission Queensland Child Protection Litigation Attorney-General and › Minister for Justice › Director of Public Prosecutions ›› Director of Child Protection Litigation Office of the Director of ›› Legal Aid Queensland Public Prosecutions ›› Legal Services Commissioner ›› The Public Advocate Crown Law ›› The Public Guardian Department of Justice ›› The Public Trustee Ethical Standards Unit ›› Queensland Family and Child Commission and Attorney-General ›› Queensland Law Reform Commission › Internal Audit › Queensland Sentencing Advisory Council
Executive Services Office of the Director-General Branch Director-General
Justice Liquor, Gaming and Strategic Policy and Corporate Services Fair Trading Legal Services Services
Court Services Queensland Office of Fair Trading Legal Services Financial Services Branch Coordination Unit ›› Supreme, District and Land Courts Service Office of Liquor and Facilities Services ›› Magistrates Courts Service Gaming Regulation Legal Advice and Advocacy ›› Reform and Support Services Information Technology Office of Regulatory Policy Right to Information Services and Privacy
Community Justice Services People and Engagement Strategic Policy and Branch ›› Dispute Resolution Branch Child Safety Director ›› Justice of the Peace Branch › › Registry of Births, Deaths Secretariat of the Queensland and Marriages Law Reform Commission ›› Victim Assist Queensland ›› Office of the Commissioner Office of the Legal for Body Corporate and Services Commission Community Management ›› Blue Card Services Secretariat of the Queensland Sentencing Advisory Council Legal Assistance Strategy and Funding Unit
Queensland Civil and Administrative Tribunal
LEGEND Office of the Public Guardian Independent statutory authorities that report directly to Parliament. Independent statutory authorities that report to Parliament through the Attorney-General and Minister for Justice. Offices resourced by the department but report to an independent Office of the statutory officer. Public Advocate
Department of Justice and Attorney-General | Annual Report | 2018–19 17 INTRODUCTION
Torres Strait Islands FAR NORTH QUEENSLAND Boigu Island Our regions POPULATION* , people Saibai Island SERVICES Queensland’s population# 5.017 million Darnley Island (Erub) Yorke Island (Masig) While many of our primary locations are located in NORTH QUEENSLAND Brisbane and South East Queensland, we provide services Yam Island (Masig) Murray Island (Mer) POPULATION* , people Mabuiag Island for all Queenslanders throughout rural, regional and Poruma (Coconut) Island remote locations. SERVICES Warraber Island (Sue) Moa Island Judicial services
Court Services Queensland provides all Queenslanders Thursday Island (Waiben) with direct access to Queensland’s justice system. MACKAY-WHITSUNDAY Queenslanders in regional areas also have access to Bamaga Queensland Government agencies for service and advice POPULATION* , people on state and federal government services. SERVICES Queensland’s courts include a range of courts which hear both civil and criminal matters. The three primary jurisdictions are Magistrates Court (131 locations), District CAIRNS Court (38 locations), and Supreme Court (11 locations). TORRES STRAIT ISLANDS Additionally, we have dedicated specialist courts CENTRAL QUEENSLAND POPULATION* , people for specific matters including Domestic and Family POPULATION* , people Violence Specialist Court, Murri Court, and Drug Court. SERVICES In addition to the courts, we have the Queensland Civil SERVICES and Administrative Tribunal. For a list of all courts in Queensland, please visit www.courts.qld.gov.au/courts TOWNSVILLE
For further information on the specific location of courthouses throughout Queensland, please visit WIDE BAY BURNETT www.courts.qld.gov.au/contacts/courthouses MT ISA POPULATION* , people MACKAY Non‑judicial services SOUTH EAST QUEENSLAND SERVICES With a focus on delivering services to all Queenslanders, the Justices of the Peace (JPs) in the Community program POPULATION* ,, people has more than 240 signing centres across Queensland. SERVICES For a full list of the signing centre locations across Queensland, please visit www.qld.gov.au/law/legal- mediation-and-justice-of-the-peace/about-justice-of-the- LONGREACH ROCKHAMPTON peace/search-for-your-nearest-jp-or-cdec
Victim Assist Queensland court support officers are MAROOCHYDORE located in numerous courthouses throughout Queensland to ensure victims of crime have access to the services they BUNDABERG need. For further information, please visit www.qld.gov.au/law/crime-and-police/victim-assist- MARYBOROUGH queensland LEGEND DARLING DOWNS SOUTH WEST The Office of the Director of Public Prosecutions has ROMA GYMPIE Magistrate Court CHERBOURG chambers located in Brisbane and throughout Queensland BRISBANE POPULATION* , people to represent the State in criminal cases. For further District Court SERVICES information, please visit www.justice.qld.gov.au/about-us/ IPSWICH SOUTH-EAST services/public-prosecutions Supreme Court TOOWOOMBA QUEENSLAND BEENLEIGH JPs in the Community SEE INSET Signing Centres WARWICK The Office of Liquor, Gaming and Fair Trading offers a range GOONDIWINDI of liquor licensing and regulation services in locations all SOUTHPORT Non-Judicial Services across Queensland. For further information, please visit www.justice.qld.gov.au/about-us/services/liquor-gaming #estimated as at 31 March 2019 *data source—data.qld.gov.au
18 Department of Justice and Attorney-General | Annual Report | 2018–19 Torres Strait Islands FAR NORTH QUEENSLAND Boigu Island POPULATION* , people Saibai Island SERVICES
Darnley Island (Erub)
Yorke Island (Masig) NORTH QUEENSLAND
Yam Island (Masig) Murray Island (Mer) POPULATION* , people Mabuiag Island Poruma (Coconut) Island SERVICES Warraber Island (Sue) Moa Island
Thursday Island (Waiben) MACKAY-WHITSUNDAY Bamaga POPULATION* , people
SERVICES
CAIRNS TORRES STRAIT ISLANDS CENTRAL QUEENSLAND POPULATION* , people POPULATION* , people SERVICES SERVICES
TOWNSVILLE
WIDE BAY BURNETT
MT ISA POPULATION* , people MACKAY SOUTH EAST QUEENSLAND SERVICES
POPULATION* ,, people
SERVICES
LONGREACH ROCKHAMPTON
MAROOCHYDORE BUNDABERG
MARYBOROUGH LEGEND DARLING DOWNS SOUTH WEST ROMA CHERBOURG GYMPIE BRISBANE Magistrate Court POPULATION* , people
District Court SERVICES IPSWICH SOUTH-EAST Supreme Court TOOWOOMBA QUEENSLAND BEENLEIGH JPs in the Community SEE INSET Signing Centres GOONDIWINDI WARWICK SOUTHPORT Non-Judicial Services
Department of Justice and Attorney-General | Annual Report | 2018–19 19 SAFE COMMUNITIES
Safe communities
• rotecting P the community through • Improved legislative frameworks that reflect accessibility of the expectations of the community services and stakeholders, while maintaining individual’s rights.
• Holding offenders to account • Improved for their criminal behaviour by timeliness of supporting courts to hand down timely sentences. services
• Supporting individuals to desist from re-offending by addressing • Appropriate the underlying causes of criminal diversionary behaviours through appropriate sentencing and diversionary programs and programs. sentencing
• Upholding the Charter of Victims’ alternatives Rights for victims of crime and available their families by providing fair and transparent justice through effective prosecution services. • Professional • Reducing occurrences of domestic prosecution and family violence by addressing services the causes of offending behaviours and providing time-critical services to people • Support experiencing domestic violence. provided to • Providing support to children and victims of families involved with the child violent crime protection system through legal, advocacy and mediation services.
20 Department of Justice and Attorney-General | Annual Report | 2018–19 Child protection oversight and safety...... 23 Product safety ...... 37 Queensland Family and Child Commission Review and Specialist courts...... 39 No Card, No Start...... 25 Culturally sensitive communications on Blue Card Services...... 26 DFV court process...... 42 Royal Commission into Institutional Responses to Domestic and Family Violence Death Review Child Sexual Abuse ...... 29 and Advisory Board...... 43 Protecting vulnerable children and adults...... 31 Crown Law Advocacy ...... 44 Tackling alcohol‑fuelled violence...... 33 Queensland Sentencing Advisory Council ...... 45 Revised policy framework to address problem gambling...... 33 Queensland Law Reform Commission ...... 47 Harm minimisation and consumer protection Organised crime, counterterrorism, and criminal laws...... 49 framework for online wagering...... 33 Crime and corruption ...... 51 Successful liquor prosecutions and disciplinary actions ..... 34 Future directions—our focus for 2019–20...... 51 Office of the Director of Public Prosecutions...... 35
Department of Justice and Attorney-General | Annual Report | 2018–19 21 SAFE COMMUNITIES
We want Queensland to be a safe and harmonious society. We are committed to developing and enforcing legislation to ensure the rights and safety of all Queenslanders. We are committed to addressing offending and re‑offending behaviour through proactive programs and initiatives.
We contribute to the Queensland Government’s objectives for the community by delivering criminal justice services to increase community safety and crime prevention.
We deliver services across Queensland to keep safe the most vulnerable members of our community, including: ›› children in need of protection ›› adults with impaired capacity, and ›› people with a disability.
22 Department of Justice and Attorney-General | Annual Report | 2018–19 Child protection oversight and safety
We are committed to protecting the rights of vulnerable children through services provided by the Office of the Director of Child Protection Litigation (ODCPL), Blue Card Services (BCS), and the Office of the Public Guardian (OPG).
Director of Child Protection Litigation Overview of workloads and
The Director of Child Protection Litigation (Director) performance represents the State in child protection proceedings in In 2018–19, the Director received 2,928 referred child the Childrens Court of Queensland. As an independent protection matters in respect of individual children. The statutory officer reporting to the Attorney‑General, the ODCPL dealt with 2,909 matters, preparing and filing Director’s functions include preparing and applying for 2,799 applications for child protection orders and ensuring child protection orders and conducting subsequent child that these applications were supported by relevant and protection proceedings at both first instance and in admissible evidence. The ODCPL also referred 112 matters appellant jurisdictions. back to the DCSYW, as there was either insufficient The ODCPL receives referred child protection matters from evidence to support an application for a child protection the Chief Executive, Department of Child Safety, Youth and order or further assessment of the family was required. Women (DCSYW). DCSYW must refer a child protection In 2018–19, ODCPL managed child protection proceedings matter to the Director if satisfied that a child is in need of at more than 50 Childrens Court locations across the State protection, and a child protection order is appropriate and and finalised 2,299 proceedings. This was either by a final desirable for the child’s protection. The Director may deal child protection order, or withdrawal of the application with a matter by either applying to the Childrens Court for with the leave of the court. a child protection order, or referring the matter back to DCSYW without an application being made.
In making decisions, the Director must ensure that the safety, wellbeing and best interests of the child, Improved outcomes for children both through childhood and for the rest of their life, and families are paramount. The Director is helped by the ODCPL, which works collaboratively with the DCSYW to ensure Since 2016, the ODCPL has established a more responsive proceedings are dealt with fairly, as soon as possible, and child protection litigation system by involving specialised with minimum cost and legal technicality. lawyers with expertise in child protection litigation prior to applications for child protection orders being filed. The ODCPL is structured into three Brisbane‑based Using this new system, matters are now managed through chambers with a centralised litigation support team. This collaboration and partnership between the ODCPL and model promotes statewide consistency in decision‑making the DCSYW. As a result, the ODCPL has greater oversight and managing litigation, whilst adapting to local of child protection proceedings, and can ensure that community and regional needs. applications are supported by relevant and probative evidence and that the State only takes action warranted in the circumstances.
Department of Justice and Attorney-General | Annual Report | 2018–19 23 SAFE COMMUNITIES
Serious physical injury and child death case reviews
The Director has an obligation to undertake child death and other case reviews to facilitate ongoing learning and improvement in the provision of services and to promote accountability. Reviews are carried out where a child dies, or suffers a serious physical injury and either at the time of the death or injury, or within one year before the death or injury, the litigation director has performed a litigation function. The Director sets the terms of the review which may include: ›› whether the Director complied with legislative requirements, guidelines and policies ›› the adequacy of legislative requirements, guidelines and policies, and ›› sufficiency of evidence available to the Director for the purpose of decision-making and the making of recommendations.
During 2018–19, the ODCPL completed two child death case reviews and six serious physical injury case reviews. Recommendations arising from these reviews inform improvements in practice and ensure the ODCPL continues to provide effective litigation services.
24 Department of Justice and Attorney-General | Annual Report | 2018–19 Queensland Family and Child Commission Review and No Card, No Start
The blue card system helps keep Queensland children safe by assisting organisations to be child safe, and screening people who work with children.
On 7 September 2017, the Queensland Family and Child The Working with Children (Risk Management and Commission (QFCC) report, Keeping Queensland’s children Screening) and Other Legislation Amendment Act 2019 was more than safe: Review of the foster care system, was passed by the Legislative Assembly on 16 May 2019 and released. The report found that Queensland’s blue card will commence in stages by proclamation. system is one of the strongest working with children check systems in Australia. The report also found opportunities to The Amendment Act gives effect to the Government’s further strengthen and streamline the system to keep pace ‘No Card, No Start’ election commitment and includes with changing community expectations and emerging risks. reforms that: ›› requires all people to hold a blue card before they can The report made 81 recommendations, which were all commence work in a regulated service, and accepted. We are implementing the recommendations in phases, following consultation and planning. In 2018–19, ›› expands the existing list of disqualifying and serious five recommendations were completed, and work on 45 offences under the Working with Children (Risk additional recommendations commenced. Management and Screening) Act 2000, strengthening the assessment criteria to determine if a person is Our current priorities are to increase safeguards for suitable to work with children. children by: ›› implementing changes to the disqualifying and serious In 2019–20, we will complete development of: offence frameworks ›› an online application process integrated with the blue ›› implement a No Card, No Start policy ensuring all card database and an online identity verification service people working with children must hold a blue card ›› incorporation of a digital photograph on blue card before commencing work product ›› automate the blue card application process and reduce ›› significant changes to workflow within the blue card processing timeframes, and database ›› develop an Aboriginal and Torres Strait Islander ›› an online portal that will allow organisations to more Strategy and Action Plan to improve outcomes and effectively manage their blue card system obligations, build cultural capability within the system. and ›› upgrades to supporting infrastructure. People volunteering with children, or carrying on a child‑related business, already have a No Card, No Start requirement. However, under the existing system, people can start paid employment while their blue card application is processing. A No Card, No Start approach requires changes to operations, IT systems and legislation.
To better support organisations and minimise the impact of a No Card, No Start policy, changes will commence after implementation of the online systems. As part of the 2018–19 budget, $17 million over three years was allocated to deliver technical solutions needed to effectively support the No Card, No Start implementation.
Department of Justice and Attorney-General | Annual Report | 2018–19 25 SAFE COMMUNITIES
Blue Card Services
Working with children check and In 2018–19, BCS: continuous monitoring ›› processed 366,151 applications, renewals
The Working with Children or Blue Card Check, is an and authorisations (362,766 in 2017–18) ongoing assessment of a person’s eligibility to work or ›› identified 3,606 cases where individuals volunteer with children. It involves a check of a person’s national criminal history, including: represented a high risk and were ›› juvenile records prevented from working with children ›› spent convictions (2,946 in 2017–18), and ›› pending and non‑conviction charges, and ›› monitored the continued eligibility of ›› other police and disciplinary information. 769,283 individuals on a daily basis
Blue Card Services (BCS) undertakes daily monitoring of (720,564 as at 30 June 2018). police information of blue card holders and applicants. Action can be taken if there is a relevant change to the person’s Queensland criminal history, including suspending or cancelling a blue card.
BCS contributes to safer service environments by providing information, training and practical assistance...
26 Department of Justice and Attorney-General | Annual Report | 2018–19 Community engagement and Increasing Aboriginal and Torres education Strait Islander participation
BCS contributes to safer service environments by BCS continues to increase support to Aboriginal and providing information, training and practical assistance Torres Strait Islander applicants, organisations and to organisations providing services to children and young communities through: people in regulated environments. In 2018–19, BCS: ›› a dedicated team that educates and assists employer ›› travelled to remote communities to provide organisations to reduce unnecessary processing delays information, education and individualised assistance and supports applicants throughout the application to applicants and service providers, including and assessment process community engagement activities in: ›› resources that promote key messages in a culturally • Pormpuraaw • Lockhart River sensitive way and that debunk myths about applying • Kowanyama • Palm Island for a blue card • Cherbourg • Doomadgee ›› attendance at community events and holding workshops • Aurukun • Mornington Island ›› providing other assistance and information through • Hopevale • Woorabinda teleconference meetings and social media, and • Murgon • Thursday Island, and ›› travelling to remote communities to provide practical • Yarrabah • the Northern support and assistance. • Mossman Gorge Peninsula Area. These initiatives correspond with: › › hosted Community Hub workshops in Brisbane and ›› a reduction in Aboriginal or Torres Strait Islander major regional centres applicants withdrawing from the assessment process ›› launched an online events page to improve awareness before a decision, and of and increase community access to upcoming ›› an increase in blue cards issued in circumstances where workshops and community information events a negative notice may otherwise have been issued, as ›› launched two e‑newsletters: the applicant had not engaged in the process. • Blue Card News—provides regular updates to the community and child‑related organisations about the blue card system, and Before implementation of the initiative, the • Blue Card Yarns—specially designed to improve number of applications withdrawn during the direct communication to, and increase participation application or assessment process was 17.8% of, Aboriginal and Torres Strait Islander stakeholders and community members, and (in 2015–16). In 2018–19, this decreased ›› presented tailored workshops to Queensland Police to 4.4%. This includes a proportion of Service Child Protection Investigation Unit officers to applications withdrawn where the applicants enhance knowledge of blue card legislation, system requirements and obligations. This assists officers to were no longer undertaking child‑related more effectively respond to non‑compliance instances work, or no longer in need of a blue card. and take action on allegations of harm or suspected harm against children and young people.
In 2018–19, BCS: ›› responded to 132,728 telephone enquiries (136,310 in 2017–18) and 36,724 email enquiries (33,052 in 2017–18) from the public about the blue card system or their individual applications, and ›› directly engaged with 2,577 people (1,555 in 2017–18) through 194 targeted community engagement, information and education activities (105 in 2017–18).
Department of Justice and Attorney-General | Annual Report | 2018–19 27 SAFE COMMUNITIES
Where issues or breaches are identified, BCS works with Blue card compliance individuals and organisations until they are fully compliant Compliance with blue card system requirements is with blue card system requirements. If BCS suspects or critical to building and maintaining safeguards for identifies a serious breach, or if investigators are unable to children and young people in regulated environments. engage with an individual or employer, matters are referred Where possible, BCS focuses on educating and building to the Queensland Police Service (QPS) for investigation the capacity of organisations, employers, and individuals and possible prosecution. to achieve compliance and identify and manage risks of harm to children. In 2018–19, BCS referred 206 matters to
BCS conducts a range of proactive and reactive checks QPS (compared to 63 in 201718), involving a of individuals’ blue card and employment status. This total of 316 potential breaches of blue card could include checking an organisation’s employee legislation (compared to 135 in 2017–18). register, or doing one‑off checks of individuals following receipt of a complaint. QPS also identified and initiated its own BCS also conducts proactive checks of organisations to investigations of an additional 12 matters confirm that organisations have acted on notifications that individuals identified as high risk are no longer working with (compared to eight matters in 2017–18), children. In addition, BCS undertakes proactive large scale involving 12 potential breaches of blue card audits across categories of employment, as well as reactive legislation during this period (compared to audits in response to child safety concerns received from both the public and other government sources. 16 in 2017–18).
In 2018–19, BCS: ›› corresponded with 2,765 regulated Reports under Section 395 businesses and organisations (compared Section 395 of the Working with Children (Risk to 2,326 in 2017–18) to provide Management and Screening) Act 2000 (the Act) allows the Director‑General, as our Chief Executive Officer, to provide information about legislative obligations reports to the Minister on the administration of the Act, and to increase compliance with blue card including the Chief Executive Officer’s performance and exercise of functions and powers. system requirements › In 2018–19, BCS reported 25 cases to the Attorney‑General, › collaborated with the Department of as required by the Act. Education to conduct blue card status checks of non‑teaching staff employed in 62 state schools. This activity provided an additional safeguard in managing potential risks to children and young people in state schools, and ›› investigated and finalised 2,338 issues involving suspected noncompliance with blue card requirements and concerns reported by members of the public (compared to 1,721 in 2017–18).
28 Department of Justice and Attorney-General | Annual Report | 2018–19 Royal Commission into Institutional Responses to Child Sexual Abuse
The Royal Commission into Institutional Responses to Child Sexual Abuse was established in January 2013.
The Royal Commission made 409 recommendations across its four reports: Redress and Civil Litigation report ›› Working with Children Checks report (August 2015) The Royal Commission’s civil litigation reforms appear in recommendations 85–99 of the Redress and Civil ›› Redress and civil litigation report (September 2015) Litigation report. Recommendations 85–99 seek to ensure ›› Criminal Justice report (August 2017) that access‑to‑justice issues, historically experienced by ›› Final report (December 2017) survivors of institutional child sexual abuse, are minimised to allow civil actions to progress on their merits. The Queensland Government released its response to all Implementation of some of these recommendations four reports on 15 June 2018 (Queensland Government occurred in previous reporting periods, for example: response). DJAG is responsible for leading the implementation of 108 recommendations. ›› amendments to the Limitation of Actions Act 1974 to retrospectively remove the limitation periods for an The first Queensland Government annual progress action for damages relating to the personal injury of a report—Royal Commission into Institutional Responses to person resulting from the sexual abuse of the person Child Sexual Abuse was released in December 2018 (First as a child (whether or not in an institutional setting) in Annual Progress Report). March 2017, and ›› Guidelines for Queensland Government Agencies Responding to Civil Litigation in Relation to Child Working with Children Checks report Sexual Abuse were released on 16 August 2016.
The Working with Children Checks report makes The results of the consultation undertaken in October recommendations to strengthen the protection that 2016 and May‑June 2017 on the issues paper, The civil children receive through working with children checks litigation recommendations of the Royal Commission into (known as the blue card system in Queensland). The Institutional Responses to Child Sexual Abuse: Redress Queensland Family and Child Commission (QFCC) took this and Civil Litigation Report—understanding the Queensland report into account when undertaking its whole system context, were considered in preparing the Civil Liability and review of the Working with Children (Risk Management and Other Legislation Amendment Bill 2018. The Bill includes Screening) Act 2000. As a minimum standard, the QFCC amendments to the Civil Liability Act 2003 to: recommended that Queensland should adopt the Royal › Commission’s recommendations in relation to the working › introduce a reverse onus (applied prospectively) under with children check process. However, stakeholders which an institution must prove it took reasonable also supported that, where current safeguards in steps to prevent the sexual abuse of a child in its Queensland are stronger than the Royal Commission’s care by a person associated with the institution recommendations, these be retained. to avoid legal liability for the abuse (reverse onus amendments), and During 2018–19, the Queensland Government endorsed ›› establish a statutory framework for the nomination of a set of National Standards for Working with Children a proper defendant by an unincorporated institution Checks. These establish nationally consistent to meet any liability incurred by the institution (proper parameters for screening people who propose to engage defendant amendments). in child‑related work. The Queensland Government continued to work with the Federal Government regarding the development of a national database to exchange information about people who have been prohibited from working with children.
Department of Justice and Attorney-General | Annual Report | 2018–19 29 SAFE COMMUNITIES
On 19 November 2018, Queensland’s participation in the National Redress Scheme formally commenced, Criminal Justice report with the declaration of Queensland’s participating The Royal Commission’s Criminal Justice report is aimed at State institutions being added to the National Redress reforming the Australian criminal justice system to provide Scheme for Institutional Child Sexual Abuse Act 2018 a fairer response to victims and people who experienced (Commonwealth). institutional child sexual abuse. The Criminal Justice report contains 85 wide-ranging recommendations to: It is expected that 10,000 Queenslanders who suffered sexual abuse as children will be eligible to apply for ›› improve police and prosecution responses redress, which can be provided in three ways: ›› improve the legislation for particular child sexual abuse ›› as a monetary payment (up to $150,000) offences and introduce new third party offences ›› access to counselling and psychological care, and ›› improve special measures and courtroom experiences ›› an option to receive a direct personal response from ›› improve information for judges, legal professionals and the institution responsible for providing the redress (for jurors, and example, an apology). ›› reform elements of sentencing and appeal processes.
In the Queensland Government response and First Annual Progress Report, a number of recommendations in the Criminal Justice report were accepted in some form and noted. Consultation and consideration of the remaining recommendations is ongoing.
Final report
The Royal Commission’s Final report recommends comprehensive and systemic reform of culture and the services and systems set up to look after children. We are continuing work associated with the justice‑related recommendations in the report. FINAL REPORTOur inquiry
VOLUME 1
30 Department of Justice and Attorney-General | Annual Report | 2018–19 Protecting vulnerable children and adults
›› applying on behalf of the child or young person to the The Public Guardian Queensland Civil and Administrative Tribunal (QCAT) The Public Guardian is an independent statutory officer or court regarding changes to a placement, contact appointed by the Governor in Council under the Public decisions or changes to a child protection order. Guardian Act 2014. The Public Guardian is supported by the Office of the Public Guardian (OPG), which is comprised of Individual advocacy includes understanding the lives and DJAG employees who report to the Public Guardian. views of children and young people within these systems, and working to prevent or address discrimination, as The OPG promotes and protects the legal and human rights well as abuse or neglect by supporting these vulnerable and interests of vulnerable children and young people in children to exercise and enjoy their human rights. out‑of‑home care or staying at a visitable site, and adults with impaired decision‑making capacity. OPG’s purpose is During 2018–19, the OPG provided individual to advocate for the human rights and interests of all clients. child advocacy through: ›› conducting 40,302 visits by community Individual child advocacy visitors to 9,584 children in visitable The OPG provides an independent voice for children and locations young people to raise their concerns and express their › views and wishes, while protecting and promoting their › 19,620 issues raised, and 17,776 issues human and legal rights within the following key advocacy closed by community visitors on behalf of service programs: vulnerable children in visitable locations ›› the child community visitor program, and ›› assisting 277 children and young people ›› the child advocacy program. in the child protection system through The child community visitor program monitors and child advocate legal officer support and advocates for children and young people staying at visitable locations, and facilitates the identification, escalation and participating in 1,583 events including: resolution of issues by and on behalf of children and young • 683 direct contacts with children and people. The program carries out advocacy where the rights and needs of children are not being met, and resolves any young people identified issues on their behalf. • 568 court appearances Child advocate legal program offers person‑centred • 162 stakeholder meetings legal advocacy for children and young people in the child • 93 family group meetings protection system. Child advocacy legal officers are based in Brisbane, Cairns, and Townsville, and work in • 38 court‑ordered conferences collaboration with the statewide child visiting program. • 14 child meetings with magistrates Legal officers seek and take into account the views and wishes of each child, to the greatest practicable extent, • 9 QCAT hearings when providing legal advocacy and support for children and young people in the child protection system to • 16 other court or QCAT meetings. exercise and enjoy their human rights by: ›› ensuring that their views are heard in both administrative and judicial decision‑making processes ›› providing support to participate in court processes and organising legal representation for the child or young person, and
Department of Justice and Attorney-General | Annual Report | 2018–19 31 SAFE COMMUNITIES
The Public Guardian Act 2014 and Guardianship and Protecting the rights of adults with Administration Act 2000 provide for the OPG’s legislative impaired capacity functions, obligations and powers in relation to adults with impaired capacity. The Public Guardian may be appointed The OPG has an important role in protecting and promoting by a member of the public to act as a person’s power of the human and legal rights and interests of vulnerable attorney for personal matters under the Powers of Attorney adults with impaired capacity through its guardianship, Act 1998. In addition to this, the Powers of Attorney investigations and adult community visitor programs: Act 1998 establishes the role of the Public Guardian as ›› the guardianship program—undertakes both statutory health attorney of last resort. supported and substituted decision‑making in relation to legal, personal and health care matters, During 2018–19, the OPG provided services supporting adults to participate in decisions about to adults with impaired capacity through: their life and acknowledging their right to live as a valued member of society ›› providing guardianship services to 3,421 ›› the investigations program—investigates complaints adults, including 940 new guardianship and allegations that an adult with impaired capacity is being neglected, exploited or abused, or has appointments by QCAT inappropriate or inadequate decision‑making ›› making 1,256 decisions as guardian for an arrangements in place, and can take protective action on behalf of the adult where the health and welfare of adult with impaired capacity an adult is at immediate risk of harm, and ›› commencing 210 new investigations, and › › the adult community visitor program—independently closing 190 investigations into allegations monitors visitable sites (authorised mental health services, community care units, Government forensic of abuse, neglect or exploitation, facilities, disability services and locations where or inappropriate or inadequate people are receiving National Disability Insurance Scheme supports, and level 3 accredited residential decision making services), to inquire into the appropriateness of the ›› conducting 149 investigations involving site, and facilitate the identification, escalation and resolution of complaints by or on behalf of adults with elder abuse (of adults aged 65 years impaired capacity staying at those sites. or over)
The Public Guardian can be appointed by QCAT as guardian ›› authorising the suspension of the powers of last resort to make decisions on behalf of adults with of 18 attorneys impaired capacity in relation to their personal and legal matters, not related to property or finance. ›› conducting 5,343 visits to adults in In addition, the Public Guardian has the role of approving visitable sites by community visitors the use of certain restrictive practices under the › Guardianship and Administration Act 2000 and may be › raising 2,301 issues and closing 1,876 requested by QCAT to visit a person regarding the use issues by community visitors on behalf of of restrictive practices. As at 30 June 2019, the Public adults in visitable sites, and Guardian was appointed as guardian for 2,614 adults with impaired capacity. ›› making 1,229 healthcare decisions.
When providing services and performing functions in relation to adults with impaired capacity, the OPG will support the person to participate and make decisions where possible, and consult with the person and take into account their views and wishes to the greatest practicable extent. This ensures greater protection and promotion of the adult’s human rights and autonomy in decisions about their life.
32 Department of Justice and Attorney-General | Annual Report | 2018–19 Tackling alcohol‑fuelled violence
In 2016 and 2017, the Queensland Government’s Tackling The Department of the Premier and Cabinet Alcohol‑Fuelled Violence policy (TAFV policy) introduced commissioned Deakin University to lead an independent measures that included: evaluation of the TAFV policy in 2016. The final report, ›› reduced liquor service hours Queensland Alcohol‑related violence and Night Time Economy Monitoring, which was inclusive of some ›› a ban on the sale of shots and other rapid intoxication recommendations, was provided to Government on 2 April drinks after midnight 2019. The Government will consider its response to the ›› restrictions on temporary extended trading permits, and recommendations and make further decisions during the 2019–20 financial year. ›› mandatory operation of networked ID scanners in safe night precincts to support the enforcement of patron banning orders.
Revised policy framework to address problem gambling
The Queensland Government is currently revising its The Queensland Government has committed to developing strategic policy framework for gambling to ensure that a revised framework to address problem gambling. In regulatory and policy responses continue to adequately 2018–19, the Office of Regulatory Policy within the Liquor, support a balanced approach to gambling, and reflect Gaming and Fair Trading division of DJAG continued issues relevant to current gambling environments. to progress the development of a draft revised policy framework for gambling.
Harm minimisation and consumer protection framework for online wagering
On 26 November 2018, the Commonwealth of Australia ›› mandatory provision of activity statements and state and territory governments across the country ›› ease of account closure, and committed to the National Consumer Protection Framework for Online Wagering. The framework consists of 10 ›› a national self‑exclusion register. nationally consistent harm minimisation and consumer protections standards which must be observed by all Some other measures have already been implemented providers of online wagering. The standards include: through Commonwealth legislation. Key measures, including the restrictions on inducements and voluntary › › a voluntary opt‑out pre‑commitment scheme optout pre‑commitment, commenced on 26 May 2019. ›› restrictions on inducements to open an account or refer a friend
Department of Justice and Attorney-General | Annual Report | 2018–19 33 SAFE COMMUNITIES
Successful liquor prosecutions and disciplinary actions
The Office of Liquor and Gaming Regulation (OLGR) works to ensure Queensland’s liquor and gaming industries are compliant with the Liquor Act 1992 (Liquor Act), which helps to reduce harm, enhance community safety, and ensure the industry prospers.
In 2018–19, OLGR had 10 successful prosecutions involving 25 charges for non‑compliance, with three of the Gold Coast man fined over most prominent cases occurring on the Gold Coast and in ‘moonshine’ North Queensland. In March 2019, a Nerang man was fined $10,000 for illegally producing and selling large quantities of alcohol Gold Coast nightclub licence cancelled from his Gold Coast home and local golf club.
In 2018, an OLGR investigation found the licensee of a Compliance officers used complaints received in April Gold Coast nightclub had engaged in a range of illegal 2018 and evidence from covert and overt investigations activity including: to obtain a warrant to search his home. Here they found a ›› providing false, misleading and incomplete documents 35‑litre still and more than 200 bottles and 24 containers holding up to 25 litres of a variety of spirits. Officers also ›› advertising illegally found documents and cash that indicated he had been ›› selling rapid‑intoxicating drinks after midnight selling the alcohol since 2006 with sales of $374,761. ›› failing to keep and maintain accounting records The man was charged under the Liquor Act with two counts ›› entering into a franchise or management agreement for of selling liquor without a licence and one count of carrying the premises without approval, and liquor for sale without a licence. The charges directly related ›› failing to notify a change in the controlling interest in to the alcohol he sold in 2018, which totalled $43,439. the licence. He pleaded guilty to all three offences and was also It was found he was not a fit and proper person to hold the required to forfeit the seized liquor and $1,393 in cash. licence and had been doing so for the benefit of another person who would not have been granted a licence. The Commissioner for Liquor and Gaming cancelled the Cooktown licensee fined for serving nightclub licence, disqualified the licensee from holding a licence or permit for five years and required payment an unduly‑intoxicated patron of $15,000. Undercover compliance officers visited the Cooktown Hotel in September 2017 where they observed staff supplying alcohol to a man whose speech, balance and behaviour North Queensland publican banned were noticeably affected by alcohol. In October 2018, OLGR launched an investigation into the Despite clear evidence he was unduly intoxicated, the conduct of a hotel director in North Queensland after he bartender supplied him with alcohol while the approved was charged by police for assaulting a patron. manager, who was also the director of the licensee After joining several other patrons to assault the man, the company, did nothing to intervene. hotel director left him on the side of the road to be found by an ambulance crew, who treated and transported the All parties pleaded guilty in September 2018 for breaching man to hospital with life‑threatening injuries. the Liquor Act by supplying or allowing alcohol to be consumed by a patron who was unduly intoxicated. The bar This investigation led the Commissioner for Liquor attendant was placed on a $500 good behaviour bond while and Gaming to take disciplinary action in early 2019 to the licensee and approved manager were fined $1,500 each. disqualify the licensee from holding a licence or permit for five years. The licensee was also required to pay an amount of $10,000 as he failed to provide and maintain a safe environment.
34 Department of Justice and Attorney-General | Annual Report | 2018–19 Office of the Director of Public Prosecutions
The Office of the Director of Public Prosecutions (ODPP) represents the State of Queensland in criminal matters to provide effective prosecution services. To ensure safe communities, it is imperative that fair and transparent justice is administered so that the guilty are brought to justice, and the innocent are not wrongly convicted.
The primary function of the ODPP is to prosecute criminal matters in the: Overview of Prosecution Performance ›› Magistrates Court (limited) During 2018–19, the ODPP received 52,887 offences for prosecution, relating to 10,228 accused. ›› District Court ›› Supreme Court The ODPP prepared and conducted 1,475 committal matters in the Brisbane, Ipswich and Southport ›› Mental Health Court Magistrates Courts (limited), prepared and/or conducted ›› Childrens Court of Queensland trials in relation to 1,010 accused, and conducted ›› Court of Appeal, and sentences in relation to 5,470 accused in the Supreme, District and Childrens Courts of Queensland. ›› High Court of Australia. The ODPP also appeared at 574 Supreme Court, District There are three aspects to the work of the ODPP: Court, and Childrens Court of Queensland bail applications, ›› legal preparation and finalised 443 appeals in the Court of Appeal, High Court of Australia and District Court jurisdictions. ›› court appearances, and ›› victim liaison.
The ODPP is structured into 15 criminal chambers and one civil litigation team. There are seven chambers based in Brisbane, eight chambers in major regional centres (Beenleigh, Southport, Ipswich, Toowoomba, Maroochydore, Rockhampton, Townsville, and Cairns), and the civil litigation team (Confiscations Unit), based in Brisbane.
...fair and transparent justice is administered so that the guilty are brought to justice, and the innocent are not wrongly convicted.
Department of Justice and Attorney-General | Annual Report | 2018–19 35 SAFE COMMUNITIES
Victim Liaison Service Early resolution pilot program
The ODPP’s obligations to victims are guided by the During 2018–19, the ODPP implemented an Early Charter of victims’ rights established under the Victims of Resolution pilot program. The pilot was aimed at Crime Assistance Act 2009. identifying inhibitors to resolution, and increasing the efficiency of matters progressing through the criminal Under the Charter, victims have the right to be treated with justice system. Internal procedures within a specified courtesy, compassion, respect and dignity, to have their work unit were enhanced to focus on prioritising the early personal information protected, and to be provided with resolution of matters. information about available services and remedies. The Early Resolution pilot program commenced on 30 July The ODPP employs victim liaison officers across the State 2018 and concluded on 30 June 2019, covering more than to assist victims of violent crimes and/or their family 500 prosecution matters. As a part of the pilot program, members. These officers provide timely information to the ODPP collected data and reported against key victims and families regarding the progress of their case performance indicators. An evaluation of the program is through the criminal justice process. The victim liaison being undertaken, with results expected to be reported officer’s contact with a victim includes the following: in the 2019–20 year. Broader implementation of the Early ›› information as to the next time the matter will be Resolution pilot program is being considered. in court ›› coming to court to give evidence ›› arranging a meeting with a lawyer, if required, and ›› the outcome of a matter.
The ODPP provides a liaison service rather than a counselling service. With consent, victim liaison officers will refer victims and family members to external organisations for specialised assistance, including court support and/or counselling.
Throughout 2018–19, the ODPP continued to survey victims and families regarding the service provided. Feedback from the survey assists the ODPP to provide more effective and appropriate services to victims and their families.
During 2018–19, the ODPP recorded 37,929 instances of contact with victims of crime or family members, either by telephone, correspondence or in person. This represents an increase of 1,035 instances of contact from the 2017–18 reporting period.
...victims have the right to be treated with courtesy, compassion, respect and dignity...
36 Department of Justice and Attorney-General | Annual Report | 2018–19 Product safety
The Office of Fair Trading (OFT) promotes safety in the supply and use of consumer products and ensures certain goods supplied in Queensland meet prescribed safety standards.
Each year the OFT conducts activities that aim to: The safety of sleep‑related infant products is recognised ›› educate consumers and traders by product safety regulators as a priority. In 2018–19, Queensland OFT established and led a national working ›› identify emerging issues group for infant safe sleeping surfaces (including ›› ensure compliance with mandatory standards, and swaddling products). The working group was formed to liaise with experts and industry and develop better ›› prevent banned goods from being sold. guidance for consumers. The working group will develop and present options and strategies for a holistic approach A key part of the OFT’s work is its proactive compliance to reduce the risk of injury and death associated with program, which helps to identify issues in the marketplace. infant sleep and swaddling products. Work will continue Proactive compliance involves inspectors conducting in 2019–20. targeted and random ‘spot checks’ at retail premises, warehouses, importers, and online.
During 2018–19, 812 compliance spot checks were conducted and 92 enforcement actions undertaken. Importer fined for unsafe toys and banned magnets Importers were targeted to prevent unsafe and banned products from entering the supply chain in Queensland. On 14 November 2018 Mr Xibo Zhu, sole director of Sunrise It was found that, on average, an importer supplies more Imports Pty Ltd, was ordered by the Brisbane Magistrates than 100 retailers nationally. Manufacturers and importers Court to pay $175,000 plus costs after being charged by have the ultimate responsibility to ensure the supply of OFT for importing toys and magnets found to be unsafe. safe goods to consumers, and to ensure that products comply with mandatory standards. In sentencing, the Magistrate said the penalty handed down should act as a deterrent for businesses recklessly The buying and selling of goods via the internet continues supplying items that posed a significant risk to to pose significant safety risks for consumers and young children. challenges for consumer product safety regulators throughout Australia, as many of these businesses are located overseas. The OFT is a member of a national working group established to address identified online product safety issues.
In 2018–19, OFT continued its proactive contribution to the national product safety strategy on consumer goods containing button batteries. If ingested by a child, button batteries can cause serious internal burn injuries which have resulted in deaths. The safety of consumer products containing button batteries continues to be a priority and is proactively monitored.
Department of Justice and Attorney-General | Annual Report | 2018–19 37 SAFE COMMUNITIES
Office of Fair Trading achievements— Protecting consumers against unsafe products and unethical behaviour The OFT aims to improve safety and fairness for 8,831 14,824 Queensland businesses and consumers by protecting compliance checks product lines inspected against unethical behaviour in the marketplace.
Key OFT achievements in 2018–19: ›› 14,824 product lines inspected during the statewide consumer product safety program 1,632 14,529 ›› 8,831 proactive compliance checks and trust account traders visited conciliated complaints audits conducted ›› 1,632 traders visited to provide fair trading information and advice ›› 494 educational presentations conducted, attended by 2,257 business representatives and 16,509 consumers 494 3,365 ›› 14,529 conciliated complaints finalised educational presentations enforcement actions ›› 3,022 investigations finalised ›› 3,365 enforcement actions initiated ›› 23,075 new licence applications and 60,365 licence renewal applications processed › 16,509 3,022 › 836 new associations registered consumer attendance investigations ›› 22,136 annual returns processed ›› 168,117 phone enquiries seeking advice about OFT matters, conducted by Smart Service Queensland (SSQ), involving 13,118 hours of contact with the general public, and 2,257 23,075 ›› 80,977 enquiries responded to (emails, calls escalated business representatives licence applications by SSQ), providing information and advice about fair trading, occupational licensing and registration matters.
60,365 836 licence renewals new associations
22,136 80,977 annual returns enquiries
38 Department of Justice and Attorney-General | Annual Report | 2018–19 Specialist courts
Court Link Queensland Drug and Alcohol
The Queensland Government initiated the Drug and Court (QDAC) Specialist Courts Review in 2015. Along with the The Queensland Drug and Alcohol Court (QDAC) reinstatement of the drug court, Recommendation 5 of commenced in Brisbane on 29 January 2018 and provides the Review endorsed improvements in Queensland’s an intensive and targeted response to adult offenders with court programs. Introduction of the Court Link program severe drug and/or alcohol use directly associated with responds to this Recommendation, providing case their offending. management for offenders through a bail‑based program in courts across Queensland. Referrals to QDAC are assessed through a multi‑agency assessment process and suitable participants are Court Link is a single, generic integrated court assessment, sentenced, as an alternative to imprisonment, to a Drug referral and support program. Court Link assists individuals and Alcohol Treatment Order. with their health and social needs by addressing their needs and risks, including drug and/or alcohol dependency or The operation of QDAC relies on an integrated approach abuse, mental illness, impaired decision‑making capacity by the judiciary, DJAG, and other participating agencies and homelessness or risk of homelessness. including the Queensland Police Service, Queensland Corrective Services, Legal Aid Queensland, and Professionally qualified Court Link officers assess a Queensland Health. This ensures all QDAC participants referred person’s presenting risk and needs to determine receive the necessary supervision, treatment and the level of service required (nature, intensity and interventions to address their drug and alcohol use and frequency of support needed). People deemed of lower offending behaviour. risk and need, who are not already involved with treatment or support services, are allocated to the community A component of the QDAC model is access to culturally referral level of service. A bail‑based individualised case appropriate support. Aboriginal just and Torres Strait management level of service is provided to participants Islander participants are provided with support via a determined to have moderate to high risk and needs. dedicated Aboriginal and Torres Strait Islander Cultural Judicial monitoring of the participant’s progress is also an Liaison Officer. integral aspect of this level of service. In the 2017–18 budget, DJAG was allocated $11.6 million In the 2018–19 budget DJAG received an additional funding over four years (2017–21) to reinstate QDAC in $6.886 million for 2018–22 for the expansion of Court Brisbane, and establish a court‑based referral program Link to Southport, Ipswich, and Mount Isa, replacing the to help people address underlying issues associated existing Queensland Integrated Courts Referrals program. with offending. This is in addition to sites already operating in Brisbane and Cairns. In 2018–19, QDAC received 181 referrals which resulted in 80 Treatment Orders. Given adult offenders are Court Link commenced operations in Southport and sentenced to a Treatment Order, which includes a term Ipswich in November 2018. The program is due to of imprisonment of up to four years (wholly suspended commence in Mount Isa in late 2019. while they participate in intensive treatment and strict supervision for two years) to date no participant has In 2018–19 Court Link received 727 referrals across four yet had the opportunity to complete a Treatment Order. Court Link locations (Brisbane, Southport, Ipswich and Progress of participants during their Treatment Order is Cairns). This resulted in 122 community referrals made for being monitored. defendants to receive treatment in the community, 237 participants placed on the program for case management and a total of 107 participants completing 12 weeks on case management.
Department of Justice and Attorney-General | Annual Report | 2018–19 39 SAFE COMMUNITIES
Murri Court Specialist domestic and family
Murri Court is a Queensland Magistrates Court bail‑based violence courts program which provides an opportunity for members of the Following the establishment of the Southport specialist Aboriginal and Torres Strait Islander community (including domestic and family violence (DFV) court as a permanent Elders and victims) to participate in the court process. The specialist DFV court in October 2017, specialist DFV program requires defendants to take responsibility for their courts are now established across four additional offending behaviour, whilst respecting and acknowledging locations in Queensland including Beenleigh, Townsville, Aboriginal and Torres Strait Islander culture. Mount Isa and Palm Island. The continued rollout of Defendants considered eligible to patriciate in Murri Court the specialist DFV courts delivers on the Queensland can be referred by a magistrate for further assessment to Government’s commitment to a specialist court approach determine their suitability. In addition to receiving support in dealing with DFV matters, as recommended by the Not at court, participants can be referred to treatment and Now, Not Ever report of the Special Taskforce on Domestic support services, as well as taking part in cultural activities and Family Violence. including yarning circles and Men’s and Women’s groups. Queensland’s specialist DFV courts incorporate elements Elders or Respected Persons from the community are in of other successful Australian and international specialist the courtroom to guide and encourage defendants, and court models. Key features of the Queensland specialist help magistrates understand more about defendants’ DFV court model are: personal and cultural circumstances. Aboriginal and ›› it is client‑centred with a focus on victim safety and Torres Strait Islander flags and local artwork are perpetrator accountability displayed in the courtrooms. ›› it is multidisciplinary and collaborative in nature and Murri Courts operate in 15 locations: Maroochydore, is committed to continuous improvement of the justice Brisbane, Caboolture, Cairns, Cherbourg, Cleveland, and service response Mackay, Mount Isa, Richlands, Rockhampton, St George, ›› specialist magistrates and prosecutors have a high Toowoomba, Townsville, Ipswich and Wynnum. degree of knowledge and experience of the complex legal framework underpinning DFV and how to apply The 2018–19 budget provided operational funding of those laws to people in need of help $2.234 million over four years ($700,000 per annum ongoing from 2021–22) to fund 14 Murri Courts across ›› a specialist court registry with responsive court Queensland. In addition, the 2019–20 budget provided registry staff $2.536 million over five years ($599,000 ongoing from ›› wraparound specialist support services including 2022–23) to establish a Murri Court in Ipswich, including duty lawyers who are available to provide advice and $201,000 in 2018–19. representation in court for aggrieved and respondent parties and court support workers In 2018–19 Murri Courts received 361 referrals into the program which resulted in 565 participants on the program ›› the model acknowledges that the court process (including participants who commenced in the previous is a touch‑point for service delivery and seeks to financial year) and 354 finalisations. enhance victim safety while ensuring perpetrator accountability, and ›› the court process seeks to give perpetrators strong encouragement to deter them from using violence, as Murri Court current status well as imposing appropriate sanctions. Ipswich Murri Court officially opened in June 2019. This is the 15th Murri Court opened following the Queensland Government’s 2015 election commitment to reinstate the Murri Courts.
40 Department of Justice and Attorney-General | Annual Report | 2018–19 Current status of the specialist DFV High Risk Teams court rollout High Risk Teams were established as an inter‑agency response to help high risk victims of DFV and their families Southport specialist DFV court receives the highest to be safe and supported and to ensure perpetrators volume of initiating DFV applications across the State, are held to account. The High Risk Teams consist of core and continues as an innovation hub for other courts representatives from a variety of both government and across Queensland. non‑government agencies. In determining if the Southport specialist DFV court is CSQ is a member of multi‑agency High Risk Teams in operating according to the intended model, a mid to long Logan/Beenleigh, Mount Isa, Cherbourg, Cairns, Brisbane, term evaluation commenced on 1 July 2019. This evaluation Ipswich, Mackay, and Moreton Bay (Caboolture). will deliver on one of the recommendations from the 2017 independent evaluation of the Southport specialist DFV The High Risk Team officers from each agency share with court, undertaken by Griffith Criminology Institute. This other High Risk Team members, relevant information evaluation will also seek to identify areas for improvement that their agency holds about the victim, perpetrator, or in court responses to DFV, and importantly recognise their children. The High Risk Teams meet regularly, where outcomes for victims, their families and for perpetrators. the shared information enables integrated and holistic The evaluation will measure the social and economic safety planning to take place for victims and their children impacts connected with the Court, and ultimately, will who are at risk of serious harm or death. These safety inform the policies and practices of specialist DFV courts plans are specifically tailored to each individual case, across all locations in Queensland. and are culturally appropriate. The safety plan may also encompass strategies to hold perpetrators to account for Townsville and Beenleigh courthouses are currently their choices and actions. midway through large refurbishment works scheduled to be completed in November and December 2019 Representation of CSQ in the High Risk Teams is respectively. The specialist DFV courts operating at these contributing to safe communities. locations currently only manage civil DFV lists using existing courtrooms. The refurbishments will provide adequate court and meeting rooms to deal with DFV related matters and, importantly, assist both Townsville and Beenleigh courthouses to prioritise the safety needs of victims of DFV by providing comfortable safe waiting areas with secure access to the court rooms. The additional building facilities provided post refurbishment will support the running of fully integrated specialist DFV courts.
A focus of the specialist court approach in Townsville is ensuring the court approach is culturally appropriate and responsive to Aboriginal and Torres Strait Islander court users. During 2018–19, a consultant was engaged to work with local stakeholders to develop and embed a culturally appropriate justice response in DFV proceedings. A final action plan to develop appropriate and responsive DFV court solutions for those Aboriginal and Torres Strait Islander communities will be delivered early in the 2019–20 financial year.
Opportunities to build on best practice for delivery of the specialist DFV court model continue to be identified and implemented. Much current and future work is being undertaken in conjunction with partner agencies (such as the Queensland Police Service, Legal Aid Queensland, Queensland Corrective Services, Department of Child Safety, Youth and Women, and non‑government service providers) recognising the importance of their contribution to the success of the DFV specialist approach. The ongoing rollout of specialist DFV courts by Court Services Queensland (CSQ) is contributing to safe, fair and responsible communities.
Department of Justice and Attorney-General | Annual Report | 2018–19 41 SAFE COMMUNITIES
Culturally sensitive communications on DFV court process
Wik Mungkan Translation
MA YUMPAN
DuringEngkan 2018–19, we worked thantang, with Aboriginal and Torres Strait Islander community members to developNgantam culturally appropriate communicationsngeeyan relating nintto the DFV court process. By working collaboratively with communities, we ensure We clearly explain domestic and family violence is against messages are being delivered in a culturally sensitive way. the law, and not part of Aboriginal and Torres Strait Islander The resourceswandinak we use help Aboriginal and Torresan Strait wengyanculture. Importantly, we a,guide people to seek support and Islander people more fully understand and retain the explain what Domestic Violence Orders are, and how they information,Nint and engage nintam with the court process to ya’ang. achieve work, as part of a plan to stop the violence. Samples of our better outcomes for themselves and their communities. educational resources were trialled within Aboriginal and Torres Strait Islander communities before production. WhenDomestic developing communications, and we family put the people violence an min ya’a using them at the heart of the design so we can provide The resources suite was launched by the Attorney‑General information that best meets their needs. The insight gained in November 2018. It includes a video, radio segments, from communityPam wanch members a manyi was an invaluable, piik nheh and ang, allowed an ngamperam us web ya’ang pages, wik flyer, a pikotang and brochures. akeyang. The printed materials to improve our service delivery to the community. were translated into the Wik Mungkan, and Torres Strait Ngamp yotam inan, puk manyi thak inanangan, pam wanchYumplatok an minamlanguages. piiamp yamperakum ang. Wanch/pam moom pi’an an thathathan an ang domestic a kampanman violence ang, nintan uwan ma’aathnak aniyang: Kengk kengk nungkerakam an ngantum ngeeyan moom pi’an an thathan ang. Moom pi’an an thathan nintiya minam anman ang, kemp min anman wenyan moom thantan.
42 Department Ngantam of Justice ngeyan and Attorney-General ngen an moom | Annual pi’an Report an | 2018–19 thowayn nungk ang, a wanwanakan monkan wakanayn thant a kampan thantamthan order an moom’ngan umpang. Domestic and Family Violence Death Review and Advisory Board
The Domestic and Family Violence Death Review and Advisory Board (the Board) was established in 2016 as part of the Queensland Government’s implementation of recommendations from the Special Taskforce on Domestic and Family Violence Final Report, Not Now, Not Ever: putting an end to domestic and family violence in Queensland.
The Board is an independent entity under the Coroners Act During 2018–19, Board’s members and the secretariat have 2003 established to undertake systemic reviews of DFV presented findings of the Board’s 2017–18 annual report deaths in Queensland, aimed at identifying opportunities to a range of key stakeholders within the domestic and to strengthen system responses, and prevent future family violence sector to harness the collective learnings to deaths occurring in similar circumstances. reinforce and strengthen efforts to end DFV in Queensland.
Chaired by the State Coroner, the Board comprises In 2018–19, the Board considered the key themes and 11 Government and non‑government representatives. The issues identified across six cohorts, including three Domestic and Family Violence Death Review Unit within the priority populations which align with the focus of priority Coroners Court of Queensland provides secretariat support. areas outlined in the National Plan to reduce violence against women and their children 2010–20; specifically: Since its establishment, the Board has published › two annual reports focusing on its findings from › deaths where social and/or geographic isolation was comprehensive case reviews of DFV related homicides identified as a factor and suicides, that seek to examine the context and ›› older persons experiencing intimate partner and/or circumstances of the deaths with use of supporting family violence research and statistical data. ›› persons with disabilities, including those experiencing As at 30 June 2019, the Board has made mental health issues 21 recommendations in its 2016–17 annual report and ›› persons who identify as lesbian, gay, bisexual, 13 recommendations in its 2017–18 annual report, transgender, intersex or queer that cumulatively aim to improve service accessibility, ›› filicides in the context of DFV, and availability, and responsiveness. ›› Aboriginal and Torres Strait Islander youth suicides In response to the recommendations, the Queensland where there has been a history of DFV within the Government has indicated its clear commitment to familial network. enhancing the system response by accepting, or accepting in principle, all recommendations made by The Board’s 2018–19 annual report is due to be tabled by the Board to date. the Attorney‑General in Parliament by 30 September 2019.
Responsible agencies have taken positive steps towards implementing programs of work in response to the recommendations. For example, the Queensland Government recently published the Reshaping our approach to Aboriginal and Torres Strait Islander domestic and family violence framework, in direct response to recommendation 20 of the Board’s 2016–17 annual report. The framework marks a new approach to working with Aboriginal and Torres Strait Islander people, families and communities to address the causes, prevalence and impacts of domestic and family violence in Queensland.
Department of Justice and Attorney-General | Annual Report | 2018–19 43 SAFE COMMUNITIES
Crown Law Advocacy
An integral responsibility of many government agencies is the enforcement of regulations and legislation to protect the public from incompetent and improper conduct by members of professions, and by commercial organisations.
Crown Law provides representation and advice to the Queensland Government on all aspects of prosecution Dangerous Prisoners (Sexual proceedings and advocacy, including: Offenders) Act 2003 ›› matters under the Dangerous Prisoners (Sexual The Dangerous Prisoners (Sexual Offenders) Act 2003 was Offenders) Act 2003 established following rising concerns in the community ›› coronial inquests about the risk of serious offenders committing further ›› public health, drugs and poisons, and sexual offences after their release at the end of their term of imprisonment. ›› Mental Health Review Tribunal and Mental Health Court proceedings. This Act enables the Attorney‑General to make an application for post‑sentence preventative detention or Our lawyers have extensive experience acting as counsel supervision of serious sex offenders. The objective is to assisting coronial inquiries and in commissions of inquiry, maintain the protection of the community through the care, as well as conducting prosecutions on behalf of regulatory control and treatment of sex offenders who are considered and disciplinary agencies. an unacceptable risk to the community by re‑offending sexually or violently. Crown Law provides the services of skilled counsel for advice, representation and in‑house services, placing Crown Law plays an important role in administering this Crown Law in a unique position to meet the specialist Act, working in consultation with Queensland Corrective advocacy needs of Government agencies. Services on the Sex Offenders and Dangerous Offenders Assessment Committee to advise the Attorney-General on whether there is sufficient evidence for making an application under the Act. Crown Law represents the Attorney-General in these applications and appears at all stages of proceedings.
As at 30 June 2019, 293 cases have been assessed by the Attorney-General under the Dangerous Prisoners (Sexual Offenders) Act 2003, with 86.35 per cent of offenders placed on an order under the Act. A further 2.73 per cent of these cases are still pending determination by the court.
There are currently 138 offenders on supervision orders in the community under the Act, 133 of whom are fitted with ankle bracelets.
44 Department of Justice and Attorney-General | Annual Report | 2018–19 Queensland Sentencing Advisory Council
The Queensland Sentencing Advisory Council (the Council) provides independent research and advice, seeks public views, and promotes community understanding of sentencing matters.
The Council’s role is to: Sentencing for criminal offences ›› inform the community about sentencing in Queensland through research and education arising from the death of a child ›› engage with Queenslanders to gather their views on In October 2017, the Attorney‑General asked the Council sentencing, and to review the penalties imposed on sentences for criminal ›› advise on sentencing matters. offences arising from the death of a child (child homicide offences). This review was in recognition of community During 2018–19, the Council undertook two significant concern about sentencing for child homicide offences in sentencing reviews, promoted community understanding Queensland, and that sentences may not always meet through its community engagement activities, and community expectations. conducted research to promote public confidence in The extensive 12‑month review included: sentencing. ›› reviewing sentencing outcomes for child homicide offences (with a focus on child manslaughter) over a 12‑year period ›› undertaking a cross‑jurisdictional analysis of sentencing frameworks across Australia and other countries ›› the release of a public consultation paper, and ›› the hosting of two community summits.
In October 2018, the Council released its final report Sentencing for criminal offences arising from the death of a child, which included eight recommendations.
One of these recommendations was to amend the Penalties and Sentences Act 1992 to include a requirement that, in sentencing an offender for an offence resulting in the death of a child under 12 years, courts must treat the defencelessness of the victim and their vulnerability as an aggravating factor.
The Government accepted the Council’s recommendations, and on 7 May 2019, legislative amendments commenced, implementing the Council’s recommendation to introduce a new aggravating factor, which applies to the sentencing of offenders sentenced under the Penalties and Sentences Act 1992 (Qld) convicted of the manslaughter of a child under 12 years.
Department of Justice and Attorney-General | Annual Report | 2018–19 45 SAFE COMMUNITIES
Community‑based sentencing orders, Community engagement
imprisonment and parole options During 2018–19 the Council: In October 2017, the Council was asked to review ›› conducted 40 Judge for Yourself workshops for schools community-based sentencing orders, imprisonment and community groups in south‑east Queensland and parole options in response to recommendations ›› visited 12 regional schools in Rockhampton and Cairns of the Queensland Parole System Review in its Final including the School of Distance Education Report delivered in 2016, and made by the Queensland › Audit Office in its report, Criminal Justice System Prison › held two community summits in Logan and Townsville, Sentences (Report 4: 2016–17). and continued its community information session program, with a final session in Longreach, to inform As part of the review, the Council was asked to: its response to the sentencing of child homicide offences Terms of Reference ›› review current sentencing and parole legislation to identify any anomalies that create inconsistencies, or ›› participated in the Business Educators’ Association constrain sentencing options available to a court of Queensland conference to raise awareness of the ›› assess restrictions on the ability of a court to impose resources and tools to assist young people understand imprisonment with a community-based order, and the sentencing process, and advise of any recommended changes to ensure ›› established the Aboriginal and Torres Strait Islander offenders are appropriately monitored and managed on Advisory Panel to support the Council in understanding their release the impact of sentencing on Aboriginal and Torres Strait ›› consider whether a court should have discretion to Islander people. set a parole release date or parole eligibility date for sentences of greater than three years, where the offender has already served a period of pre‑sentence Sentencing Spotlights custody, and the court considers the appropriate further term to be served in custody should be no more The Sentencing Spotlights series presents data on than 12 months from the date of sentence sentencing outcomes for offences finalised in ›› consider and advise on whether court ordered parole Queensland courts. should apply to a sentence imposed for a sexual offence The Sentencing Spotlights summarise what sentences ›› consider flexible community-based sentencing orders are being received by offenders (most usually focusing that provide for supervision in the community in use on a specific offence or offences) to help Queenslanders in other jurisdictions, such as Victoria’s community understand more about sentencing, including details correction order, and about the offence itself, offender characteristics, the types ›› advise on appropriate options for Queensland. of penalties imposed, and plea. In 2018–19, four Sentencing Spotlights were released on The Council released an options paper in April 2019, the following topics: outlining the Council’s preferred options for reform. Public consultation and submissions closed on 31 May 2019. ›› strangulation in a domestic violence setting ›› dangerous driving causing death The Council received 19 submissions in response. The Council’s final report is due to be delivered to the ›› offence and sentencing trends in Queensland Supreme Attorney-General on 31 July 2019, and publicly released in and District Courts, and August 2019. ›› offence and sentencing trends in Queensland Magistrates Courts.
Research Sentencing Spotlights are available at https://sentencingcouncil.qld.gov.au/research/ ›› Conducted place-based case study research in three sentencing‑spotlight locations (one urban location, one regional location and one remote location) to better understand the For more information about the Council, the work it does, availability of programs and services and how this or to read the Queensland Sentencing Advisory Council’s impacts on sentencing practices as well as how orders Annual Report, visit www.sentencingcouncil.qld.gov.au are administered. ›› Presented three conference papers to the Australian and New Zealand Society of Criminology (ANZSOC) national conference and assisted to develop a dedicated conference stream on sentencing to raise a national conversation about sentencing research and policy issues.
46 Department of Justice and Attorney-General | Annual Report | 2018–19 Queensland Law Reform Commission1
The Queensland Law Reform Commission (the Commission) is an independent statutory body, and is constituted under the Law Reform Commission Act 1968 (the Act). The Commission is responsible for undertaking law reform reviews referred to it by the Attorney-General, and making recommendations in law reform reports which are tabled in Parliament. The Members of the Commission are appointed by the Governor in Council on the advice of the Attorney‑General.
The Act provides that the Commission must consist of at least three members, who may be full‑time or part‑time members. Currently, the Commission has five part‑time members, including the Chair. The Commission is supported by a Secretariat of DJAG employees.
Termination of pregnancy laws Queensland’s laws relating to review workplace surveillance
Under terms of reference dated 13 June 2017, the Under terms of reference dated 24 July 2018, the Attorney‑General asked the Commission to undertake Attorney‑General asked the Commission to undertake a review and investigation of the issue of modernising a review and investigation into the issue of privacy Queensland’s laws relating to the termination of protections for workers in the context of current and pregnancy. The Commission was required to provide emerging surveillance devices in workplaces. Surveillance its final report, with draft legislation based on its devices in workplaces most commonly include: optical recommendations, by 30 June 2018. On 16 July 2018, the surveillance in and around workplaces; data surveillance Commission’s Report No 76, Review of termination of devices to monitor computer and internet use by employees; pregnancy laws, was tabled in Parliament. Included with and tracking devices to monitor the location of employees. the Report was a draft Termination of Pregnancy Bill 2018. Employers use these devices for a number of legitimate reasons, including to protect property and detect possible fraud, monitor employee performance and to ensure employee health and safety. The use of surveillance devices in workplaces must, however, be balanced against an employee’s reasonable expectations of privacy.
The Commission’s report is to include draft legislation based on its recommendations, and is to be provided to the Attorney‑General by 31 August 2020.
Note 1. The Queensland Law Reform Commission prepares its own annual reports. The Law Reform Commission Act 1968, section 15(1), requires that DJAG’s annual report ‘must include a report about the operations of this Act during the year’.
Department of Justice and Attorney-General | Annual Report | 2018–19 47 SAFE COMMUNITIES
Queensland’s laws relating to civil surveillance and the protection of privacy in the context of current and emerging technologies
Under terms of reference dated 24 July 2018, the Attorney‑General requested the Commission to undertake a review and investigation into the issue of modernising Queensland’s laws relating to civil surveillance and the protection of privacy in the context of current and emerging technologies. With the advent of readily available technologies, including smartphones, drones fitted with cameras, and tracking and data surveillance devices, governments are increasingly expected to protect individuals from unreasonable intrusions on their privacy.
The need to regulate the use of surveillance devices and technologies to protect individuals against interferences with their privacy must be balanced against the legitimate uses of surveillance. ...review and The terms of reference ask the Commission to recommend whether Queensland should consider legislation to appropriately protect the privacy of individuals in the investigation context of civil surveillance technologies, including to: ›› regulate the use of surveillance devices (such as into the issue listening devices, optical surveillance devices, tracking devices and data surveillance devices) and the use of of modernising emerging surveillance device technologies (including drones fitted with surveillance devices) Queensland’s laws ›› regulate the communication or publication of information derived from surveillance devices relating to civil ›› provide for offences relating to the unlawful use of surveillance devices and the unlawful communication surveillance and or publication of information derived from a surveillance device the protection ›› provide appropriate regulatory powers and enforcement mechanisms in relation to the use of of privacy in the surveillance devices ›› provide appropriate penalties and remedies, and context of current ›› otherwise appropriately protect the privacy of individuals in relation to the use of surveillance and emerging devices.
technologies. The Commission released a consultation paper in December 2018 outlining the relevant legal issues in the review, and inviting submissions from interested parties, including the courts, legal professionals, industry groups, representative bodies and special interest groups relevant to the review, government departments, academics and members of the public on specific questions.
The Commission’s report is to include draft legislation and is to be provided to the Attorney‑General by 31 October 2019.
48 Department of Justice and Attorney-General | Annual Report | 2018–19 Organised crime, counterterrorism, and criminal laws
Organised crime Counterterrorism
The final phases of Queensland Government’s 2016 We are working closely with other Queensland agencies, serious organised crime legislation reforms commenced on the Commonwealth, and the other states and territories 9 December 2018 and 9 March 2019. to ensure the national framework of counterterrorism legislation remains robust and effective. The amendments commencing on 9 December 2018 repealed the following elements of the 2013 organised The cross-border nature of the threat of terrorism requires crime suite of legislation within the Criminal Code: a national response to keep all Australians safe. National ›› s.60A Participants of criminal organisation being consistency is important to support interoperability and knowingly present in public places cooperation in national efforts to prevent and respond to terrorist threats. ›› s.60B Participants in criminal organisations entering prescribed places and attending prescribed events, The Justice Legislation (Links to Terrorist Activity) and Amendment Act 2018 was passed by the Legislative ›› s.708A Criteria for recommending an entity be declared Assembly and commenced on 11 April 2019. The Act a criminal organisation. gives effect to the COAG commitment that there will be a presumption that neither bail nor parole will be granted to On 9 March 2019, premises that were prescribed places persons who have demonstrated support for, or have links under the 2013 legislation, and were declared restricted to, terrorist activity. under transitional arrangements in the 2016 legislation, To ensure that the COAG commitment was implemented ceased to be declared restricted premises under the Peace in line with agreed nationally consistent principles, the and Good Behaviour Regulation 2010. Act amended provisions of the Bail Act 1980, Corrective Queensland developed national guiding principles for Services Act 2006, Penalties and Sentences Act 1992 and legislative responses to combat organised crime and the Youth Justice Act 1992. principles were endorsed by the Council of Australian Governments (COAG) on 8 June 2018. The federal Ministerial Council for Police and Emergency Management will consider the principles ahead of further consideration by the COAG.
On 12 December 2018, COAG agreed to the National Strategy to Fight Transnational, Serious and Organised Crime. DJAG continues to work with our colleagues in the Queensland Police Service, the Commonwealth, and other state and territory counterparts to ensure the integrity of the national legal response to organised crime.
Department of Justice and Attorney-General | Annual Report | 2018–19 49 SAFE COMMUNITIES
Criminal laws Termination of pregnancy
The Queensland Law Reform Commission’s Report No Non -consensual sharing of intimate images 76, Review of termination of pregnancy laws, was tabled in Parliament on 16 July 2018. Following consideration of The Criminal Code (Non‑consensual Sharing of Intimate the Report, the Government introduced the Termination Images) Amendment Act 2019 commenced on 21 February of Pregnancy Bill 2018 into the Legislative Assembly on 2019. The Act gives effect to the Government’s 2017 22 August 2018 to: election commitment to create a new offence related to › non‑consensual sharing of intimate images that would › enable reasonable and safe access by women to apply to sending, or threatening to send, intimate material terminations of pregnancy, and without consent. ›› regulate the conduct of registered health practitioners in relation to terminations. The distribution of, or threat to distribute intimate images of a person without their consent is a form of The Termination of Pregnancy Bill 2018 was passed by the technology‑facilitated abuse commonly known as ‘revenge Legislative Assembly on 17 October 2018 and commenced porn’. Often these images will be acquired in the context by proclamation on 3 December 2018. of a relationship, where the person depicted shares the image consensually and in confidence. The three significant amendments to the Criminal Code Child homicide introduced by the Act are: ›› a new offence of distributing intimate images without In October 2018, the Queensland Sentencing Advisory consent (s.223) Council (the Council) released its report, Sentencing for criminal offences arising from the death of a child: Final › › two new offences of making threats to distribute report, on sentencing for child homicide offences. intimate images or prohibited visual recordings (s.229A), and The Council recommended introduction of a requirement ›› rectification orders, which empower sentencing courts that, in sentencing an offender for an offence resulting in to direct offenders convicted of relevant existing the death of a child under 12 years, courts must treat the Criminal Code offences and the new offences to defencelessness of the victim and their vulnerability as an remove or delete intimate images or prohibited visual aggravating factor. The new aggravating factor supports recordings (s.229AA). the courts’ treatment of these offences as more serious, and therefore deserving of more punishment. It sends a clear message to the community that violence against children, of any kind, is wrong and will not be tolerated. The new aggravating factor is intended to support the court in setting a higher sentence.
The Criminal Code and Other Legislation Amendment Bill 2019 introduced the new aggravating factor for child homicide offences, and was passed by the Legislative Assembly on 1 May 2019. The Bill received assent on 7 May 2019.
Amendments were also made to expand the definition of murder to include reckless indifference to human life, and increase the maximum penalty for the offence of failure to supply necessaries from three years imprisonment to seven years imprisonment.
50 Department of Justice and Attorney-General | Annual Report | 2018–19 Crime and corruption
For example, under the new definition of ‘corrupt conduct’, Widening the definition of the CCC has the powers to investigate, expose, prevent, or corrupt conduct educate about serious and systemic fraud in the making of applications for licences, permits, or clearances issued Widening the definition of ‘corrupt conduct’ in the under Queensland legislation designed to: Crime and Corruption Act 2001 was a 2017 Government ›› protect health or safety of persons or the environment, election commitment. or The Crime and Corruption and Other Legislation ›› facilitate the management and use of valuable State- Amendment Bill 2018 received assent on 9 November 2018, owned resources. and broadens the definition of ‘corrupt conduct’ to include conduct of a person that impairs, or could impair, public The Bill gives effect to a number of legislative amendments confidence in public administration. supported in the Government’s response to the Parliamentary Crime and Corruption Committee tabled In addition, the Bill expands the Crime and Corruption Report No. 97, 55th Parliament—Review of the Crime and Commission’s (CCC) investigatory powers with respect to Corruption Commission. corrupt conduct, providing greater scope to reduce the opportunities and incentives for corrupt conduct in the Queensland public sector, and allows the CCC to more proactively deal with corruption risks.
Future directions—our focus for 2019–20
Blue Card Services—increasing Royal Commission of Inquiry into protections and participation child sexual abuse
In 2019–20, Blue Card Services will: On 26 July 2019, the Attorney‑General announced her ›› increase safeguards by making changes supporting intention to introduce a Bill to the Parliament that marks implementation of a ‘No Card, No Start’ approach for the implementation of a significant portion of the Royal people providing child‑related services regulated by Commission’s Criminal Justice report recommendations. the blue card system ›› launch an online register recording blue card details of people providing home‑based services and adults TAFV policy evaluation living in these homes, to provide greater visibility of households providing home‑based care services We will implement relevant recommendations arising from to children the Tackling Alcohol‑Fuelled Violence Policy Evaluation as endorsed by the Government. ›› continue to progress work to implement the Queensland Family and Child Commission’s review recommendations, with work scheduled to commence on a further eight recommendations in the first half of 2019–20, and ›› in partnership with an Aboriginal and Torres Strait Islander Reference Group, develop a strategy and action plan to build cultural capability within the blue card system and enhance support for Aboriginal and Torres Strait Islander peoples applying for blue cards.
Department of Justice and Attorney-General | Annual Report | 2018–19 51 FAIR COMMUNITIES
Fair communities
• educing R over ‑representation • Improved of Aboriginal and Torres accessibility of Strait Islander people in the services criminal justice system through sentencing and diversionary options that include culturally appropriate interventions. • mproved I timeliness of services • Assisting people to resolve disputes and conflicts in a civil and peaceful manner through access to appropriate services, • ffectiveness E of including those offered at courts and tribunals. services provided to protect the safety, • Enabling lawful and consistent rights and interests decision‑making, relying on ethics, transparency and integrity of people in need to resolve civil disputes. of protection,
• Providing advocacy, particularly children decision‑making, legal advice and and adults with frameworks to protect the safety, impaired capacity rights and interests of children and vulnerable people.
• Ensuring a safe and equitable marketplace to protect business and consumers from unfair and unsafe products and services.
52 Department of Justice and Attorney-General | Annual Report | 2018–19 Human Rights Act 2019 ...... 55 Magistrates Courts Queensland Reconciliation Action Plan....64 QCAT hospital hearing program...... 56 Governance workshops for community justice groups...... 65 Application dismissed under Sexual Assault Helping Queenslanders resolve disputes peacefully...... 66 Counselling Privilege...... 57 Dispute resolution collaboration achieves Advocating for the rights and interests of people better outcomes for clients...... 67 with impaired decision-making capacity...... 58 Chatbots provide 24/7 access to justice...... 68 Civil litigation involving child sexual abuse—caring for Crown Law staff ...... 60 Resolution Registrar–Supreme Court ...... 69 Office of the Director of Public Prosecutions...... 61 Consumer protection ...... 70 Electoral legislation...... 61 Law reform ...... 72 Crown Law ‘detective’ helps overturn Future directions 2019–20...... 73 century‑old conviction...... 62
Department of Justice and Attorney-General | Annual Report | 2018–19 53 FAIR COMMUNITIES
We want all Queenslanders to live in communities that provide fair and just court and tribunal services to uphold the rights of Queenslanders.
We are committed to helping Queenslanders in resolving disputes and conflicts in a civil and peaceful manner through access to appropriate dispute resolution services.
We are committed to protecting the rights, interests and safety of children and vulnerable people in our community by providing advocacy, decision‑making, legal advice and frameworks.
We are committed to applying lawful decision-making with ethics, transparency and integrity.
We will be a responsive Government by supporting civil and community justice, and by working across Government and with the community to deliver services.
54 Department of Justice and Attorney-General | Annual Report | 2018–19 Human Rights Act 2019
In 2017, the Queensland Government committed to introduce a Human Rights Act for Queensland.
On 27 February 2019, the Human Rights Bill 2018 The Human Rights Act 2019 is expected to commence in its was passed by the Legislative Assembly, with staged entirety on 1 January 2020, including: commencement dates. ›› the protected human rights The Human Rights Act 2019 seeks to: ›› obligations on public entities and Government ›› protect and promote human rights ›› the interpretative role of Courts and Tribunals, and ›› help build a culture in the Queensland public sector ›› the Queensland Human Rights Commission’s ability to that respects and promotes human rights, and receive and conciliate human rights complaints. ›› help promote a dialogue about the nature, meaning and scope of human rights. We established an internal DJAG Human Rights Unit in May 2019. The Unit is leading Government readiness for the The Human Rights Act 2019 establishes and consolidates commencement of the Human Rights Act 2019 by providing statutory protections for 23 human rights, and ensures that central coordination and support for implementation across public functions are exercised in a way that is compatible Queensland Government departments. This includes with human rights. delivery of communication and awareness resources, such as training packages, factsheets, and guides, and The Act also renames and empowers the supporting departments in their reviews of legislation, Anti‑Discrimination Commission Queensland as the policies and procedures for compatibility with human rights. Queensland Human Rights Commission to provide a dispute resolution process for dealing with human rights complaints; and promote an understanding, acceptance and public discussion of human rights.
The first stage of enabling the Human Rights Act 2019, was the establishment of the Queensland Human Rights Commission on 1 July 2019. The Queensland Human Rights Commission has commenced community education to promote understanding and acceptance of human rights in Queensland.
Department of Justice and Attorney-General | Annual Report | 2018–19 55 FAIR COMMUNITIES
QCAT hospital hearing program
The Queensland Civil and Administrative Tribunal (QCAT) is an independent tribunal that resolves disputes on a range of matters across the human rights, guardianship, civil, administrative, disciplinary, and minor civil jurisdictions. QCAT makes and reviews decisions for Queenslanders in a manner that is accessible, fair, economical, timely and informal.
Sometimes, adults with impaired decision-making Time is saved as there is no need for an interim order, and capacity may be required to stay in hospital for longer QCAT and hospital social workers make sure all material than medically required. These adults wait in hospital is available for the Tribunal Member to make a final order. until QCAT can make a decision to appoint a substitute Specific hearing dates are also set for each hospital decision‑maker. location, ensuring applications are not delayed due to lack of hearing rooms available at QCAT. QCAT operates a hospital hearing program for guardianship and administration matters, in collaboration with the Metro The QCAT hospital hearing program also reduces the costs North Hospital and Health Service (MNHHS). This program of keeping adults with impaired capacity in hospital beds, commenced in 2016 and aims to reduce the length of saving on average $1,040 per day. hospital stays for patients with pending applications for the appointment of a guardian or administrator. The success of the hospital hearing program has led to the program being funded permanently from 2019–20. This The program fast tracks the hearing process to enable will allow an additional 60 to 75 QCAT hearing days, or the appointment of a substitute decision‑maker by QCAT, approximately 320 applications to be heard each year. thereby reducing the period adults need to wait in hospital unnecessarily. As hearings are conducted in the hospital, In 2018–19 QCAT supported some of our most vulnerable adults more easily participate in the hearing process. Since Queenslanders by: the start of the program in 2016, a total of 874 in hospital guardianship applications have been finalised, with the ›› dealing with 12,805 adult guardianship and number of hearing days increasing from 44 to 173. The administration matters period from filing an application to a decision being made has also reduced from 12 weeks to three weeks. ›› holding 63 hospital hearing days, and The hospital hearing program operates from Royal Brisbane and Women’s Hospital, Prince Charles Hospital, ›› finalising 314 hospital hearing applications. and the Ipswich Hospital. QCAT members hear the guardianship application in hospital, with three dedicated QCAT registry staff case‑managing the matters.
The QCAT hospital hearing program also reduces the costs of keeping adults with impaired capacity in hospital beds, saving on average $1,040 per day.
56 Department of Justice and Attorney-General | Annual Report | 2018–19 Application dismissed under Sexual Assault Counselling Privilege
On 13 June 2019, the first application to subpoena a complainant’s counselling records has been dismissed in R v JML [2019] QDCPR 23, in a matter which protected a young 15 year‑old complainant.
This decision is a significant achievement, not only for the Prior to the commencement of SACP, records of young complainant, who has had her counselling records communications between counsellors and victims of protected from use in the criminal courts, but for all victims sexual assault could be readily accessed and used in of sexual violence in Queensland. criminal proceedings. The SACP limits the disclosure and use of confidential communications made between a In her tabled materials to the court, the complainant victim of sexual assault and a counsellor during: attested to the severe impact the release of the notes › would have on her wellbeing, and the likelihood that she › criminal proceedings and related civil proceedings, and would seek counselling in the future. ›› proceedings under the Domestic and Family Violence Protection Act 2012. The introduction of the Sexual Assault Counselling Privilege (SACP) responded to recommendation 130 of $1.588 million was allocated over 2017–20 to fund the the Not Now, Not Ever: Putting an end to domestic and delivery of a statewide legal service to provide specialist family violence in Queensland report, with the passing legal advice, training and representation of victims of of the SACP provisions in the Victims of Crime and Other sexual assault coming before the court seeking to have Legislation Amendment Act 2017, which commenced on their counselling records protected. The Counselling 1 December 2017. Notes Protect legal service, as it is known, is delivered by Women’s Legal Service Queensland, in partnership with Legal Aid Queensland.
An evaluation of Counselling Notes Protect is currently underway and is due for completion in December 2019.
Department of Justice and Attorney-General | Annual Report | 2018–19 57 FAIR COMMUNITIES
Advocating for the rights and interests of people with impaired decision-making capacity
The role of the Public Advocate is to protect the rights and interests of Queensland adults with impaired decision-making capacity through systems advocacy.
Having impaired decision-making capacity means that a person is unable to: Responsive health services ›› understand the nature or effect of a decision The Public Advocate has continued to work with various stakeholders to advocate for people with disability and ›› make the decision freely or voluntarily, and/or complex health needs to receive more responsive health ›› communicate their decision to others. services, including co-hosting a Health and Disability Roundtable in March 2019. Participants included people Conditions that can result in a person having impaired with disability, families, key decision makers and experts/ decision‑making capacity can include: professionals across the health, disability, advocacy, and ›› intellectual disability justice systems. ›› acquired brain injury The Roundtable explored the current health/disability environment in Queensland leading up to the full ›› mental illness, or implementation of the NDIS, and sought to identify bigger ›› age-related conditions, such as dementia. picture actions and solutions that could improve the quality of life and health outcomes for people with disability. The Public Advocate focuses on promoting the autonomy of people with impaired decision-making capacity, and influencing improvements to systems that affect people with impaired decision-making capacity. For example, the Public Restrictive practices Advocate influences improvements to legislative, policy, and service delivery within systems, such as the disability, In 2018–19, the Public Advocate continued advocating aged care, health, mental health, and justice systems. on behalf of elderly people in residential aged care in encouraging the Australian Government to properly While the Public Advocate does not provide individual regulate the use of restrictive practices. The use of assistance to people with impaired capacity, the restrictive practices to manage the challenging behaviours experiences of individuals collectively informs the of aged care residents is a key human rights issue in systemic work of the Public Advocate. Australia. These practices are being used in aged care settings, despite research indicating they can have The Public Advocate engages with a network of organisations negative physical and psychological impacts on the that provide services and support to people with disability person being restrained, and may breach the law and the and/or mental health issues, and to older people. By sharing restrained person’s human rights. Without an appropriate knowledge and expertise, and participating in informed legal framework, the use of restrictive practices in aged legal and social policy debate, networking contributes to care settings is unlawful, and amounts to elder abuse. the benefit of the whole community. Over the past year, the Public Advocate has made multiple representations to the Australian and Queensland Governments about restrictive practices, presented at various conferences, formally appeared at Commonwealth and Queensland Parliamentary inquiries, and has participated in television and print media reports on this issue. The Public Advocate has sought to educate Government and the community about the need to ensure that restrictive practices are appropriately regulated to ensure accountability for those using them, and to protect the rights of aged care residents.
58 Department of Justice and Attorney-General | Annual Report | 2018–19 National Disability Insurance Scheme
The Public Advocate continued to monitor the rollout of the National Disability Insurance Scheme (NDIS) across Queensland. The NDIS offers the potential for life‑transforming change for Queenslanders with disability, through its commitment to giving them ‘choice and control’ over the disability supports they access.
However, not all Queenslanders with disability will benefit from the NDIS. Consequently, many people with disability, including NDIS participants, will continue to require access to state‑based mainstream and disability system services and supports.
By 30 June 2019, the number of Queenslanders with psycho‑social disability approved as NDIS participants was far fewer than originally anticipated. This suggests that the NDIS is less accessible for this group, or that individuals are not meeting eligibility requirements. The Public Advocate identifies that this group requires more support and advocacy to successfully access the system. We will continue to advocate for increased support services for this group.
Mary Burgess, Public Advocate Monitoring guardianship and administration
Throughout 2018–19, the Public Advocate continued to monitor the operation of legislation, policy and practice aspects of Queensland’s guardianship and administration system, and contributed to system improvements through working with DJAG, the Public Guardian, the Public Trustee, and QCAT.
Department of Justice and Attorney-General | Annual Report | 2018–19 59 FAIR COMMUNITIES
Civil litigation involving child sexual abuse—caring for Crown Law staff
In response to the recommendations made by the Royal Commission of Inquiry into Institutional Responses to Child Sexual Abuse, the limitation period for survivors of childhood sexual abuse was removed by the Queensland Government from 1 March 2017. Consequently, a person sexually abused as a child can now bring a claim for personal injuries at any time, and is not bound by the usual timeframes that apply in Queensland for bringing a personal injuries claim.
Since this change in legislation, there has been a The training focuses on recognising types of trauma, significant increase in the number of claimants seeking managing the impacts of working with trauma and damages against the State for historical child sexual developing sensitivity skills for discussing traumatic abuse that occurred whilst under the care and supervision events, responding to distress and assisting with recovery of the State. As at 30 June 2019, the State has received through legal work. approximately 820 personal injuries claims for historical child sexual abuse since the legislation change. The training also assists lawyers to manage the impact that difficult content has on their own mental health, wellbeing Crown Law has a specialist team of lawyers who manage and overall quality of life. Clients from the Queensland these claims. The team follows the whole‑of‑government Government Insurance Fund and Department of Child guidelines for responding to civil litigation involving child Safety, Youth and Women are also invited to attend these abuse when managing these claims. sessions, and all who have attended these sessions have found them very informative and of great assistance in Among other matters, the guidelines state that agencies dealing with difficult content. should provide regular training to lawyers who deal with child sexual abuse matters. Accordingly, Crown Law’s specialist team undertakes vicarious trauma and trauma informed practice training sessions every six months to assist lawyers in dealing with difficult content.
...the State has received approximately 820 personal injuries claims for historical child sexual abuse since the legislation change.
60 Department of Justice and Attorney-General | Annual Report | 2018–19 Office of the Director of Public Prosecutions
In 2018–19, the CCC restrained $28.25 million in assets Confiscating proceeds of crime under Chapters 2 and 2A of the Act. This represents The role of the ODPP Confiscations Unit is to confiscate an increase of $18.54 million from 2017–18. Also, the proceeds of crime. The ODPP is responsible for $13.65 million was forfeited to the State, which is an administering Chapter 3 of the Criminal Proceeds increase of $4.2 million from 2017–18. Confiscation Act 2002 (the Act). In relation to Chapter 3 Proceeds assessment orders were granted to the value proceedings, a direct connection between the property of $1.75 million, which is an increase of $580,000 from and the criminal charges must exist. 2017–18. Unexplained Wealth orders to the value of The Confiscations Unit also conducts the legal work on $3.86 million were granted, representing an increase of behalf of the Crime and Corruption Commission (CCC) as the $3.12 million from 2017–18. ‘solicitor on the record’ for Chapters 2 and 2A proceedings. A total of 1,128 Serious Drug Offence certificates In relation to Chapter 2 and 2A proceedings, the CCC were issued in 2018–19, representing a decrease of instructs the ODPP to apply for the restraining order and 91 certificates from 2017–18. subsequent forfeiture of the relevant assets or proceeds of crime. Under Chapter 2, there is no requirement to show that The work of the ODPP Confiscations Unit and the CCC has the property is derived from illegal activity. had a significant and positive impact on the recovery of proceeds of crime by the State, by reducing the financial During 2018–19, $3.7 million was collected as a result incentive to commit the crime which in turn discourages of the execution of forfeiture orders under the Chapter 3 certain types of major crime. conviction based scheme. This represents an increase of $1.09 million from 2017–18. Further, during 2018–19, $191,750 was collected as a result of the enforcement of pecuniary penalty orders under Chapter 3, representing an increase of $2,714 from 2017–18.
Electoral legislation
The Electoral and Other Legislation Amendment Bill 2019 ›› ensure that provisions of the Electoral Act 1992 and was introduced into the Legislative Assembly on 1 May related legislation reflect the adoption of four‑year 2019. The Bill aims to: fixed terms in Queensland, and ›› improve the integrity, transparency and public ›› achieve improved consistency across the electoral accountability of State elections by implementing the system, including better alignment between State and further legislative stage of the Government’s response local government elections and referendums, and make to certain recommendations in the Report of the CCC other minor improvements. titled, Operation Belcarra: A blueprint for integrity and addressing corruption risk in local government The Electoral and Other Legislation Amendment Bill ›› facilitate operational improvements and support 2019 was referred to the Economics and Governance efficiencies in the State electoral system by Parliamentary Committee for consideration. The implementing the Government’s response to the Committee tabled its report in the Legislative Assembly Independent Panel report, A review of the conduct of on 21 June 2019, with the recommendation that the Bill be the 2016 local government elections, the referendum passed. Timing of the Bill’s passage will be subject to the and the Toowoomba South by‑election Parliamentary timetable and processes.
Department of Justice and Attorney-General | Annual Report | 2018–19 61 FAIR COMMUNITIES
Crown Law ‘detective’ helps overturn century‑old conviction
For more than a year, Wendy Ussher, Principal Lawyer, Constitutional Law, spent countless late nights in her office investigating a 19th century crime.
While playing dedicated ‘detective’, Wendy sat in the Consequently, Judge Alfred Lutwyche determined that darkened recesses of Queensland State Archives, scrolling there was reasonable doubt that both Kipper Billy and his through microfiche, and searching newspaper reports and co‑accused were ever at the scene, and asked that both old documents written by the hands of Queensland’s first prisoners be granted a free pardon. settlers from the 1860s. While his co‑accused was pardoned, Kipper Billy, having It was Wendy’s meticulous work, which followed research already been killed, was never afforded the same respect. undertaken by veteran journalist Ken Blanch OAM many years before, that resulted in an innocent Indigenous The story of the posthumous pardon granted by Governor de man being pardoned for a crime he did not commit, albeit Jersey received significant media coverage, with Ken Blanch 156 years after his death. rightfully receiving recognition for his painstaking work.
Wendy joined Mr Blanch, members of the Indigenous Ken began writing about the injustice to Kipper Billy as far community, Attorney-General Yvette D’Ath and Queensland back as 1990 in a newspaper column. Twenty‑five years Governor Paul de Jersey at a moving ceremony at later, he published a book entitled White Lies, Black Blood: Government House in September 2018 to commemorate the awful killing of Kipper Billy. the official pardon for the man known as Kipper Billy. In 2017, Ken presented a petition to the Governor to On 4 February 1862, Kipper Billy was sentenced to hang exercise the royal prerogative of mercy on behalf of the for aiding and abetting the rape of an Ipswich woman in Sovereign and under Queensland’s Constitution, to clear December 1861. On 5 March 1862, he was killed by guards Kipper Billy’s name. The Governor sought advice from while allegedly trying to escape Brisbane Gaol before his the Attorney-General, who in turn asked Crown Law for execution. a detailed appraisal. Wendy was asked to research the merits of the petition, and visited Queensland State Less than one month later, his co‑accused and alleged Archives at Runcorn to begin investigating. principal offender in the rape (who was also an Indigenous man) was pardoned before he could be hanged. The local She searched original documents, including some postman had come forward and sworn to having seen the handwritten with ink and quill, the charge sheets for accused man 11 miles from the crime scene shortly after both men, witness depositions, committal proceedings, the time of the offence. Another witness gave evidence documents showing their ‘not guilty’ plea, and notes taken that he saw Kipper Billy four miles from the crime scene at by Justice Lutwyche during the trials. the time of the offence.
On 4 February 1862, Kipper Billy was sentenced to hang for aiding and abetting the rape of an Ipswich woman in December 1861.
62 Department of Justice and Attorney-General | Annual Report | 2018–19 The Attorney‑General and the Premier considered the advice provided by Crown Law and recommended to the Governor that Kipper Billy be granted a rare posthumous pardon.
Queensland Governor Paul de Jersey The Governor with Ken Blanch OAM, the instigator signs Kipper Billy’s pardon. of the campaign to pardon Kipper Billy.
Wendy studied letters between the Attorney‑General At the original trial, key witnesses were not called to give Ratcliffe Pring (who personally prosecuted the accused evidence. However, despite the ‘difficulty of identification’ men) and the Colonial Secretary, letters written by Ipswich of the offenders that was noted by Justice Lutwyche, there police magistrate Colonel Gray and clerk of the Executive seemed to be no presumption of innocence afforded to the Council Mr Manning, and letters to the Colonial Secretary Aboriginal men. from Mr T S Warry, Brisbane’s chemist. The extensive research also gave Wendy a strong sense of Wendy also sourced the supplementary evidence the final fate of Kipper Billy. While the official account had presented to Justice Lutwyche after the trial and conviction Kipper Billy trying to escape and being shot by prison guards, of the two men, his Honour’s opinion about the evidence, many other accounts are not consistent with that version. letters from the Native Police, prison records from Brisbane Gaol, and records of the inquest into Kipper The coroner’s inquest into the incident and report, which Billy’s attempted escape from prison, including statements exonerated the guards, was conducted and finalised on of the guards involved. the same day as Kipper Billy’s death, and without any cross examination of the prison guards involved. The evidence Wendy found supported the discrepancies identified by Ken Blanch. Kipper Billy was clearly identified Wendy spent much time and effort carefully and objectively near the Wivenhoe Hotel 6–7 km from the scene of the considering Kipper Billy’s case. The Attorney‑General and crime not long after it reportedly occurred, and was the Premier considered the advice provided by Crown Law dressed differently to that of the offender. There was a lot and recommended to the Governor that Kipper Billy be of other information that also pointed to his innocence. granted a rare posthumous pardon.
Department of Justice and Attorney-General | Annual Report | 2018–19 63 FAIR COMMUNITIES
Magistrates Courts Queensland Reconciliation Action Plan
The Magistrates Courts Queensland Reconciliation Action Plan 2018–21 (RAP) aims to address the barriers that exist for Aboriginal and Torres Strait Islander people when coming into contact with the justice system.
Reconciliation is about union and respect between The RAP Working Group has embraced the opportunity Aboriginal and Torres Strait Islanders and non‑Indigenous to improve relationships and court performance by Australians. The RAP is a first of its kind for Magistrates developing innovative and tangible initiatives on the Courts across Australia. It applies to magistrates and journey of reconciliation. The use of a working group to public servants, demonstrating the Magistrates Courts create the RAP has crossed traditional boundaries and will Service commitment to advocating for reconciliation and deliver tangible benefits to all Queenslanders. delivering justice to the people of Queensland, with a focus on fair and equitable services for Aboriginal and Torres Strait Islander peoples.
The RAP was developed in consultation with Reconciliation Australia and the Chief Magistrate’s Cultural Advisory Group, which was established to help guide and inform the RAP’s development. There was also significant contribution from staff and Government stakeholders. As a result, 14 actions and 72 deliverables were developed and STRETCH RECONCILIATION PLAN 2018-2021 will be implemented up to 2021.
Since launching the RAP, an intranet page has been developed for court staff and magistrates to enable quick access to important resources. Cultural awareness training has been rolled out for all court staff and magistrates.
The RAP provides an opportunity to improve the cultural competency and awareness of court staff and magistrates and promote Queensland Magistrates Courts as an employer of choice.
Work is continuing to complete the RAP initiatives, such as developing an induction booklet for magistrates which includes information about: ›› each Aboriginal and Torres Strait Islander community where the Magistrates Court sits ›› Elder contacts ›› cultural protocols, and ›› sites of cultural significance.
64 Department of Justice and Attorney-General | Annual Report | 2018–19 Governance workshops for community justice groups
Community Justice Groups (CJGs) provide a valuable service to Queensland communities by supporting Aboriginal and Torres Strait Islander people who have come into contact with the criminal justice system, and delivering justice‑related initiatives for Aboriginal and Torres Strait Islander defendants and victims.
There are 49 CJGs across Queensland. The CJG program The workshop aimed to strengthen the organisational supports them in working with their local communities by capability of CJGs and develop a suite of tools, templates developing strategies to address justice‑related issues, and and training materials on governance, financial which will help reduce the over‑representation of Aboriginal management, business planning and organisational and Torres Strait Islander people in the justice system. development. CJGs returned to their communities and continued building capacity in partnership with DJAG CJGs comprise volunteer Elders, Respected Persons, Indigenous Justice Officers, enhancing the ability of CJGs traditional owners, and community members of good to provide essential support to their communities. The standing. By working with their local community’s strengthened organisational capacity of the CJGs will magistrates, Queensland Police Service, Queensland significantly improve outcomes for Aboriginal and Torres Corrective Services and other Queensland government Strait Islander people. agencies, CJGs contribute by empowering communities to address criminal justice issues and improve quality of life One specific example of the workshop learnings being for everyone. applied directly in the community occurred in the area of financial management. Following the workshop, the CJGs perform three important activities: Northern Peninsula Area (NPA) CJGs undertook a thorough ›› making cultural submissions to the Magistrates Court review of all expenditure. Applying the learnings from the on behalf of defendants workshop, the NPA CJGs were able to return a significant annual budget surplus for 2018–19, after having returned ›› identifying and promoting treatment and support small budget deficits for the previous two years. programs for defendants to help magistrates in their bail and sentencing decision making, and This 2018–19 budget surplus will enable the NPA CJGs to: ›› assisting and directing defendants as they progress ›› purchase a suitable vehicle for CJG operations through Murri Court. ›› upgrade their IT skills, and From July to September 2018, representatives from 13 CJGs ›› allow Directors to attend governance training, further across Queensland attended governance training through enhancing their skills. tailored workshops delivered in Brisbane and Cairns. The representatives came from Kuranda, Napranum, As at 30 June 2019, CJGs have provided 7,780 instances Doomadgee, Yarrabah, Kowanyama, Wujal Wujal, Coen, of support to Aboriginal and Torres Strait Islander people Mossman, Amaroo, Cleveland, Maryborough, Woorabinda, involved in the justice system (including Murri Court). and Caboolture.
The three‑day workshops were designed specifically for a small‑group environment through an external facilitator, and supported by DJAG Indigenous Justice Officers and training staff.
Department of Justice and Attorney-General | Annual Report | 2018–19 65 FAIR COMMUNITIES
Helping Queenslanders resolve disputes peacefully
The Dispute Resolution Branch’s (DRB) role is to provide services which assist people to resolve disputes, or train them to resolve disputes themselves.
People come to DRB for help at challenging times in their The adult restorative justice conferencing service brings lives, so we aim to make a difference by empowering them together victims and offenders to address the harm caused to resolve their disputes, make amends, and reconnect. by the criminal behaviour. We do this by providing services specifically tailored to the needs of the clients and the type of dispute. Training services provide regular public courses in mediation skills and conflict management, as well Since 1990, we have provided more than 66,000 mediations. as training for groups. Group mediation courses are customised to suit the group’s needs and situation. The civil dispute resolution service includes voluntary community mediations such as: In 2018–19, we provided 3,888 mediations and ›› disputes between neighbours conferences, as well as information and conflict coaching to another 6,900 clients. DRB also provided 62 training ›› mediation of workplace disputes courses with 1,208 participants. Client satisfaction was ›› matters ordered to mediation by the courts and QCAT, more than 90% with all of our services. and DRB will celebrate its 30th anniversary in 2020. ›› the facilitation of large group processes.
The child protection conferencing service facilitates discussions when the court orders a conference to discuss a child protection order. Child protection conferencing assists parents, child safety officers and other participants to discuss the best outcomes for the child.
Since 1990, we have provided more than 66,000 mediations.
66 Department of Justice and Attorney-General | Annual Report | 2018–19 Dispute resolution collaboration achieves better outcomes for clients
One of the ways DRB helps Queenslanders to resolve disputes peacefully is to mediate disputes for QCAT in the minor civil disputes jurisdiction. This includes disputes about motor vehicle accidents, faulty motor vehicles and dividing fences. The referrals from QCAT are managed by a team of 18 staff across six dispute resolution centres, and 26 highly trained specialist mediators operating across 82 locations.
More than 2,400 mediations were conducted in 2018–19 It is particularly significant that, as a result of this close with an agreement rate of 61%. collaboration, the agreement rate has risen from 52% to 61% over the past five years. This means that fewer matters The DRB’s civil dispute resolution team works closely proceed to hearing, which represents considerable savings with QCAT’s alternative dispute resolution team to ensure in time and resources for QCAT and for clients. that clients receive high quality services, and that the mediators are highly trained and supported. As a result, The success of this project has been achieved through the tribunal only needs to determine the matters that have a significant team effort to provide a high standard of not been settled. consistent service throughout Queensland. The partnering between QCAT and DRB is a successful example of engaged collaboration across our business areas to achieve beneficial outcomes for Queenslanders.
More than 2,400 mediations were conducted in 2018–19 with an agreement rate of 61%.
Department of Justice and Attorney-General | Annual Report | 2018–19 67 FAIR COMMUNITIES
Chatbots provide 24/7 access to justice
Over the past six months, SANDI and MANDI interacted with the public on more than 10,000 occasions.
QCAT and Justice Services Digital Transformation Unit (DTU) have collaborated to pioneer DJAG’s first 24/7 customer service channels using cloud‑based artificial intelligence technology. This collaboration has resulted in two interactive chatbots, MANDI and SANDI.
MANDI is a chatbot on the Queensland Government, SANDI was conceived by the QCAT team in May 2018, Your Rights, Crime and Law webpage, which includes realising an opportunity to offer clients an alternative information to help people resolve neighbour disputes. way to access information around the clock. SANDI has progressed to a fixed‑term pilot. This is being evaluated SANDI is a chatbot on the QCAT website, answering over a six‑month period, with a view to extending SANDI’s questions about applying to QCAT to resolve a tree or knowledge base to answer questions about applying to fence dispute. QCAT to resolve residential tenancy disputes.
The chatbots provide clients with answers to their The chatbots provide a cost‑effective and innovative solution questions at any time of the day. Unlike humans at a to meet Queenslanders’ needs. Through a commitment service desk, the chatbots can engage with any number of to continuous improvement and to providing accurate clients at a single time. This means Queenslanders can get responses, the SANDI team has included an additional 300 answers immediately, empowering them to choose how questions and answers over the past six months. they interact with the Queensland Government and QCAT. The chatbots enable our clients to access relevant These chatbots have different origins. MANDI was born information at a time and location that suits them, without from the first DJAG Hackathon during Law Week in May needing to navigate a website, or make a phone call during 2018. MANDI was prototyped by the winning team of the business hours. Hackathon, delivering a solution that could be trialled with real users. During development, multiple agencies and Over the past six months, SANDI and MANDI interacted business areas contributed ideas and information, including: with the public on more than 10,000 occasions. › › Queensland Police Service The lessons learnt from developing the chatbots are ›› Brisbane City Council influencing the development of more online client service ›› Dispute Resolution Branch tools, and demonstrate how we make our services accessible, valuable and timely, while showcasing our ›› Body Corporate and Community Management, and willingness to embrace bold new ideas. ›› University of Queensland.
68 Department of Justice and Attorney-General | Annual Report | 2018–19 Resolution Registrar–Supreme Court
The role of Resolution Registrar was created in 2017.
The role works closely with the Supreme Court Judges The Resolution Registrar role has proven invaluable in the to resolve cases early, reduce the issues to be tried and timely resolution and disposition of civil cases before the shorten the length of civil trials. This saves court time, Supreme Court. Between September 2017 and 30 June and may save the parties significant amounts of money in 2019, the current Resolution Registrar, Ms Julie Ruffin, has legal costs. conducted approximately 130 conferences across 107 files, with more than 50% of those files ultimately being settled. The Resolution Registrar provides an important interface between the court and the litigants outside the courtroom. Ms Ruffin has also assisted judges in regional centres The Resolution Registrar does not make any decisions of Bundaberg, Rockhampton and Townsville, with that are either prejudicial or beneficial to either party. The the new level of oversight resolving many issues interaction between the Resolution Registrar and the parties previously hindering the efficient use of court resources. is informal, and preserves the independence of the judge. Consequently, reductions in cost and delay benefit both litigants and the wider community. All directions made at a conference are by consent, with the Resolution Registrar facilitating the conference and providing a forum where parties can discuss and resolve contentious matters and other obstacles that might impede the efficient progress of a matter. Discussion is less constrained as the conference is not as adversarial as the courtroom environment, and is not recorded. If an issue cannot be resolved, the parties may request the Resolution Registrar to refer the issue to a judge for consideration. Issues resolved before the trial avoid unnecessary delay at the commencement of trial, or in extreme cases, the adjournment of the trial and consequent waste of valuable and limited court resources.
Between September 2017 and 30 June 2019, the current Resolution Registrar, Ms Julie Ruffin, has conducted approximately 130 conferences across 107 files, with more than 50% of those files ultimately being settled.
Department of Justice and Attorney-General | Annual Report | 2018–19 69 FAIR COMMUNITIES
Consumer protection
Consumer redress Skin cancer ‘cure’
The Office of Fair Trading (OFT) works to protect the rights In June 2018, Sun Beef Pty Ltd, trading as SunUltima, was of Queenslanders by assisting consumers to obtain redress fined by the Brisbane Magistrates Court following an OFT in their disputes with traders. Redress is achieved for investigation. A consumer complained about a newspaper consumers who have lodged a complaint with the OFT. advertisement for a 5ml SunUltima Skin Cancer Cure for $560—with claims the product is ‘a natural herbal derived Redress is compensation, restitution or the in‑kind value skin cancer cure’. provided to a consumer to reimburse them for faulty goods or services, or to remedy the impacts of inappropriate The OFT commenced an investigation, as it was concerned trader conduct. the trader was misleading vulnerable consumers, many of whom may be desperate for a cure, that the SunUltima Each year, around 15,000 consumers lodge complaints with product was a cure for skin cancer. the OFT seeking assistance to obtain remedies or enforce consumer protection laws. OFT issued a Substantiation Notice under the Australian Consumer Law requiring the trader to provide information In 2018–19, the OFT obtained $7.6 million redress for and documents to substantiate the claims. consumers. In the past three years, the OFT has obtained more than $21 million in redress for consumers, including The trader failed to comply, and following a lengthy and $8.1 million in 2017–18 and $5.6 million in 2016–17. difficult pre‑trial and court process, was fined $10,000, with orders for professional costs, court costs, and an order under the Australian Consumer Law to substantiate the claims, or provide explanation as to why it cannot, Tradesman prosecuted for within 10 days.
unfinished jobs Due to the seriousness of the claims made by the trader, On 14 January 2019, a Gold Coast tradesman was convicted and the detriment to consumers if they relied upon them, in the Gold Coast Magistrates Court and ordered to pay the OFT published a media statement in July 2018 to more than $253,500 in fines, compensation and costs after provide a specific warning to consumers about the risk and charges were laid by the OFT for breaches of the Australian dangers associated with this product. Consumer Law.
The court heard that Mr Ali Faraj used a fake Queensland Building and Construction Commission builder’s licence number in advertisements for his services. The court also heard that Mr Faraj accepted payment totalling $204,000 for three jobs. However, an estimated $193,500 of this work was not completed.
Mr Faraj, who used a number of aliases, was fined $60,000 and ordered to pay $193,000 in compensation to three affected consumers.
The OFT had previously issued a public warning to consumers to avoid using Mr Faraj and his services after complaints were received.
70 Department of Justice and Attorney-General | Annual Report | 2018–19 Each year, around 15,000 consumers lodge complaints with the OFT seeking assistance to obtain remedies or enforce consumer protection laws.
The OFT commenced an investigation after receiving Campervan manufacturer ordered to complaints from 11 consumers who had paid deposits to pay more than $1 million Gidget but experienced significant delays in receiving their campervans. Gidget was placed into liquidation on A Brisbane‑based campervan manufacturer was ordered to 16 February 2018, leaving a further 56 consumers out of pay more than $1 million in fines, compensation and court pocket and without their ordered campervan. Fourteen costs following an OFT investigation. of those consumers were based in the United States of America. On 15 November 2018, the Brisbane Magistrates Court found Glenn Stuart Wills guilty of seven counts of receiving The court ordered Gidget to pay compensation of payment for campervans but failing to supply them within AUD$896,865.60 to Australian consumers, and a further a reasonable time, in breach of the Australian Consumer USD$196,895.39 to US consumers. A conviction was Law. Mr Wills was fined $6,000 plus costs of $5,000 and recorded against the company. ordered to pay $20,000 compensation to one customer.
This follows Mr Wills’ company Gidget Retro Teardrop Camper Pty Ltd being found guilty on 16 March 2018 of 11 similar offences.
Department of Justice and Attorney-General | Annual Report | 2018–19 71 FAIR COMMUNITIES
Law reform
Lemon laws Body Corporate and Community
In 2017, the Queensland Government committed to Management legislative review improving fairness and providing greater rights for During 2018–19, the Office of Regulatory Policy (ORP) Queenslanders buying a vehicle by: progressed the review of the Body Corporate and Community ›› lifting the QCAT jurisdictional limit on motor vehicles Management Act 1997, undertaken by the Commercial and from $25,000 to $100,000 Property Law Research Centre of the Queensland University ›› redefining the term ‘vehicle’ to include motorhomes of Technology (QUT), as part of its extensive review of and caravans Queensland property laws for the Government.
›› reinstating the statutory warranty for ‘class B’ older The ORP completed policy analysis to inform the second‑hand vehicles sold by motor dealers and Government’s consideration of QUT’s findings chattel auctioneers, and relating to body corporate lot entitlements, and QUT’s ›› continuing to advocate for national laws to specifically recommendations for a new system of sharing body protect new car buyers, including purchasers of corporate expenses between unit owners in community ‘lemon’ vehicles. titles schemes.
The ORP also conducted policy analysis and detailed The Queensland Civil and Administrative Tribunal and Other stakeholder consultation to inform the Government’s Legislation Amendment Act 2019 (QCAT Amendment Act) future consideration of QUT’s recommendations about was passed by the Legislative Assembly on 3 April 2019. procedural and administrative issues impacting on bodies The QCAT Amendment Act: corporate in Queensland, and progressed policy analysis ›› increases the jurisdiction of QCAT to hear claims about of QUT’s recommendations for improving governance used motor vehicles under the Motor Dealers and arrangements for community titles schemes. Chattel Auctioneers Act 2014 (MDCA Act) and breaches of the consumer guarantees under the Australian Consumer Law, from $25,000 to $100,000, and ›› increases the coverage of statutory warranties under the MDCA Act by reinstating a statutory warranty for older ‘class B’ used motor vehicles which existed under the repealed Property Agents and Motor Dealers Act 2000.
The QCAT Amendment Act will commence in stages on dates to be fixed by proclamation.
72 Department of Justice and Attorney-General | Annual Report | 2018–19 Future directions 2019–20
QCAT—lemon laws Continuing training and development
New laws giving greater protection for people who for property agents have purchased a defective car, motorbike, caravan or In 2019–20, the Office of Regulatory Policy will continue motorhome will come into effect from 1 September, 2019. development of a mandatory continuing training and The Queensland Civil and Administrative Tribunal and Other development (CTD) scheme for Queensland property agents. Legislation Amendment Act 2019 will allow QCAT to hear defective motor vehicle claims to $100,000 in value, up from $25,000. Additionally, 30‑day or 1000 km warranties for motorists buying a vehicle more than 10 years old Body Corporate and Community or with 160,000 km or more on the odometer will be Management review restored. The reinstated protection sits with the current statutory warranty, which provides a three months or In 2019–20, the Office of Regulatory Policy will continue 5000 km warranty for second‑hand vehicles bought from to undertake policy and legislation work to progress the a motor dealer that are no more than 10 years old and have review of the Body Corporate and Community Management travelled less than 160,000 km. Act 1997.
Disputes in relation to these new protections will be heard by QCAT, which provides an easier and less expensive avenue to resolve legal disputes, enabling buyers to enforce their rights without the need to go to court.
Human Rights Act 2019
The Human Rights Act 2019 is expected to commence in its entirety on 1 January 2020. Following commencement, the Human Rights Unit will continue to support work across Government to implement the Act, including meeting annual reporting obligations under the Act from 2019–20.
Department of Justice and Attorney-General | Annual Report | 2018–19 73 RESPONSIBLE COMMUNITIES
Responsible communities
• inimising M harm caused • Improved by alcohol abuse and accessibility of misuse through the tackling alcohol‑fuelled violence policy services and through liquor industry regulation. • Improved • Enabling vulnerable and timeliness of disadvantaged Queenslanders to access community‑based legal services services through the distribution of State and Commonwealth funding to the legal assistance • Distribution sector. of State and • Providing a regulated gambling Commonwealth environment, where integrity and funding to the probity is maintained, and the legal assistance potential for harm is minimised to ensure balance between social sector costs and economic benefits. • Providing information to the • educed R alcohol community to enable a better understanding of our services and related harm in our role in the justice system. the community
74 Department of Justice and Attorney-General | Annual Report | 2018–19 Providing legal assistance services to vulnerable and disadvantaged Queenslanders...... 77 Increasing Aboriginal and Torres Strait Islander birth registrations ...... 78 Do not knock informed communities—Cherbourg ...... 80 Buy Smart competition ...... 81 New responsible service of alcohol videos ...... 82 Review of Queensland’s gambling self-exclusion regime...... 82 Benefit fund celebrates silver anniversary...... 83 Justices of the Peace Branch partners with the Public Trustee of Queensland to improve document witnessing procedures ...... 84 Body corporate community engagement...... 85
Department of Justice and Attorney-General | Annual Report | 2018–19 75 RESPONSIBLE COMMUNITIES
We want all Queenslanders to live in communities that look after each other, and take responsibility for protecting the vulnerable members of the community.
We are committed to minimising the harm caused by alcohol abuse and problem gambling, through appropriate regulation, and frameworks that support those in need.
We are committed to ensuring that vulnerable and disadvantaged Queenslanders have access to the community‑based legal services they need by distributing dedicated Commonwealth and State Government funding to the legal assistance sector.
We want everyone in our communities to have a better understanding of our role in the justice system, and of our services to the community by providing information to the community in ways that are relevant and appropriate.
We will be a responsive Government by supporting civil and community justice, and by working across Government and with the community to deliver services.
76 Department of Justice and Attorney-General | Annual Report | 2018–19 Providing legal assistance services to vulnerable and disadvantaged Queenslanders
The Queensland Government allocates funds from the State Budget to Legal Aid Queensland (LAQ) and community organisations (mostly Community Legal Centres [CLCs]) for the delivery of legal assistance services across Queensland communities.
In 2018–19 LAQ provided close to 304,000 legal assistance services for State law matters, including: ›› legal information and referral services ›› advice and task assistance ›› duty lawyer services ›› grants of aid, and ›› legal representation.
LAQ provides detailed information about its service delivery in its annual report, which can be found at www.legalaid.qld.gov.au/About-us/Corporate- publications/Annual-reports
In 2018–19 community organisations provided over 264,000 legal assistance services with State and Commonwealth funds allocated by the Queensland Government. Community organisations were allocated $20.439 million in combined State and Commonwealth funding to provide free or low-cost legal services to vulnerable and disadvantaged Queenslanders. This included $11.482 million of State funding and Community organisations $8.957 million of Commonwealth funding.
In 2019–20 community organisations will receive were allocated $21.347 million, including $12.203 million of State funding and $9.144 million of Commonwealth funding. $20.439 million in Further information about legal assistance services can be combined State and found at Appendix 5 of this Annual Report. Commonwealth funding to provide free or low-cost legal services to vulnerable and disadvantaged Queenslanders.
Department of Justice and Attorney-General | Annual Report | 2018–19 77 RESPONSIBLE COMMUNITIES
Increasing Aboriginal and Torres Strait Islander birth registrations
In June 2018, the Queensland Ombudsman released The Indigenous Birth Registration Report: An investigation into the under‑registration of Indigenous births in Queensland. The report investigated possible reasons for the under‑registration of Aboriginal and Torres Strait Islander births, compared to the general population.
The report made nine recommendations, which we have The strategy will include actions to: accepted. If a person’s birth is not registered, it can create ›› address barriers to accessing birth registration, a barrier to accessing vital social services, which could including any legislative barriers potentially perpetuate disadvantage in that person’s life. The Registry of Births, Deaths and Marriages (RBDM) is ›› ensure services are culturally responsive for Aboriginal leading the implementation. and Torres Strait Islander peoples ›› develop best practice communication to highlight the RBDM has commenced a project which aims to increase benefits of birth registration Aboriginal and Torres Strait Islander birth registrations. The intended outcomes are: ›› build relationships and develop service partnerships to improve service coordination ›› birth registration services that are culturally sensitive and responsive to Aboriginal and Torres Strait ›› establish information sharing and communication Islander peoples procedures between agencies ›› awareness of the benefits of birth registration ›› establish roles and responsibilities of each contributing agency ›› Aboriginal and Torres Strait Islander peoples having access to birth registration when a child is born, and ›› analyse data to determine a baseline, and set can access birth certificates when needed, and progressive targets and timeframes, and ›› agencies working together to improve the rate of ›› publicly report on improvements against targets Aboriginal and Torres Strait Islander birth registrations. and timeframes.
The project has a strong commitment to consulting A project board will provide overall direction and with the community, and with both Government and management and includes representatives from DJAG, non‑government agencies. Early consultation was Department of Aboriginal and Torres Strait Islander conducted on Thursday Island, Cairns, Mareeba, and Partnerships, and Queensland Health. Yarrabah. In 2018–19, RBDM also travelled to Poruma RBDM is committed to ensuring that Aboriginal and (Coconut Island) to gather more information from the Torres Strait Islander peoples can easily access birth community about potential barriers to birth registration. registration services by ensuring they are culturally The report also found Queensland Government agencies responsive. Community engagement will be undertaken need to work better together to encourage and enable birth using co‑design approaches to raise awareness of the registration. As part of the project, a cross‑agency working importance of registering births, as well as to develop party has been established to develop the strategy, action, place based initiatives. and implementation plans collaboratively with Aboriginal RBDM will develop the strategy, action and and Torres Strait Islander communities, and relevant implementation plans in 2019–20. The strategy will be stakeholder agencies. implemented over three years, with ongoing monitoring, evaluation and reporting.
78 Department of Justice and Attorney-General | Annual Report | 2018–19 The Indigenous Birth Registration Report: An investigation into the under-registration of Indigenous births in Queensland
L to R back: Councillor Francis Pearson (Torres Strait Regional Council Poruma), Damien Mealey (DJAG), Peter Yorkston (DJAG—based on Thursday Island), Alexandra O’Donnell (ATSILS), Peter Ferguson (DJAG), Mary Lui (Divisional Manager, Torres Strait Regional Council Poruma), Frank Fauid (Chairman, Porumalgal PBC native title body corporate) L to R front: Neil O’Connor (DJAG), David Wone (DTMR), Tenneil Murray (DJAG)
Department of Justice and Attorney-General | Annual Report | 2018–19 79 RESPONSIBLE COMMUNITIES
Do not knock informed communities—Cherbourg
In May 2019, the Do not knock program was launched in Cherbourg. Cherbourg is an Aboriginal and Torres Strait Islander community near Murgon, in the Wide Bay Burnett region of Queensland.
A joint initiative of the Office of Fair Trading (OFT) and Roadside signage is erected at the community entry point, the Australian Competition and Consumer Commission warning door‑to‑door traders of their legal obligations (ACCC), the program aims to reduce negative experiences of including permitted hours of trade, cooling off periods, consumers from the activities of unscrupulous door‑to‑door providing written contracts, and to not approach any traders who target remote Indigenous communities. property displaying a Do not knock notice.
The initiative employs a number of strategies to ensure Community residents are provided with information and traders and consumers are aware of their rights and advice and reminded of their right to say ‘no’ to unwanted responsibilities. door‑to‑door offers. Free Do not knock stickers are distributed to community members and they are encouraged to display the sticker at their home if they do not wish to be approached. It is illegal for door‑to‑door traders to approach a residence displaying a Do not knock sticker.
The key to the success of this initiative is that it is community‑driven. In each community, the program is supported and rolled out by the local Aboriginal Shire Council with the assistance of not‑for‑profit groups. The launch day in Cherbourg provided an opportunity for community, OFT and ACCC representatives to collectively discuss this important consumer issue and spread the word to the wider community.
Aboriginal and Torres Strait Islander communities, Back row (L to R): Tim Perry (OFT), Manny Heggarty (DATSIP), particularly those in remote locations, can face challenges Arnold Murray (Cherbourg Mayor) Front row (L to R): Tom Langton (Cherbourg Councillor), Mahalia in using their consumer rights, and residents have been Mabo (ACCC), Pel’e Ruben (ACCC) Elvie Sandow (Cherbourg targeted by predatory door‑to‑door traders. Since the Do Deputy Mayor), Michael Bond (Traditional Owner), Melinda not knock program commenced three years ago, numerous McDonald (ACCC), Craig Turner (OFT). unwelcome door‑to‑door traders have been turned away Front: Alana Purcell (Cherbourg Councillor) from participating communities, demonstrating the program’s positive effects for the communities where it operates.
Cherbourg is the sixth Do not knock informed community, joining Wujal Wujal, Yarrabah, Hope Vale, Palm Island and Woorabinda.
Office of Fair Trading—www.qld.gov.au/fairtrading
Put a Do not knock sticker on your letter box or front door L to R: Melinda McDonald (ACCC), Craig Turner (OFT), to stop salespeople from knocking. Iris Jean (Cherbourg Radio Broadcaster) Office of Fair Trading
www.qld.gov.au/fairtrading 19_1163FT
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80 Department of Justice and Attorney-General | Annual Report | 2018–19 Buy Smart competition
The Buy Smart program delivers hands‑on learning activities designed to encourage young people to become smarter consumers. OFT delivers valuable information and advice to students through web content, face‑to‑face presentations at schools, attending open days, and providing a wide variety of classroom resources and lesson plans for use by teachers.
During 2018, OFT officers spoke with more than 7,100 Winners of the 2018 Buy Smart competition came from: students across Queensland, providing information and ›› Aspley State High School advice about a variety of topics including consumer rights ›› Boondall State School and responsibilities under the Australian Consumer Law, how to detect and avoid scams, why budgeting is important, ›› Clayfield College and product safety. ›› Faith Lutheran College Redlands Since 2002, the OFT has conducted the annual statewide ›› James Nash State High School Buy Smart Competition. The Attorney‑General launched ›› Kurwongbah State School the 2018 competition at Wellers Hill State School in ›› Loreto College Coorparoo (first prize years 7–9) February 2018. ›› Nundah State School To enter the competition, students identify and research a ›› Redlands College consumer issue that interests them. In 2018 popular issues ›› St Aidan’s Anglican Girls’ School (first prize years 10–12) chosen included online shopping, buying a first car, mobile phones, and the difference between needs and wants. ›› St Paul’s Lutheran Primary School (first prize years 4–6) Students develop the project to show their chosen target ›› Sheldon College audience what they have learned. ›› Toolooa State High School Competition entries have taken a variety of forms including ›› Trinity College Gladstone, and storybooks to be read to younger children, interactive ›› Wavell State High School. models for display in school classrooms, apps for teenagers, posters aimed at older community members, The Commissioner’s School Champion prize for 2018 board games or computer games for their peers, or songs. was won by Bullyard State School, a small school of approximately 40 students, located near Gin Gin. More Competition entries were received from more than than three‑quarters of the students submitted entries 750 students across the State including from regional to the competition, and six students were awarded and remote communities. certificates of distinction. Winners of the 2018 competition were awarded a share The Commissioner’s School Champion is a $1,500 prize of more than $15,000 in prizes at a ceremony held at awarded to a school that champions students’ consumer Parliament House on 1 November 2018. Many local awareness and financial capability through involvement Members of Parliament also attended the ceremony with the Buy Smart program. to celebrate the achievements of students from their respective electorates.
Left: OFT Community Engagement Officer, Chris Spensley. Right: Attorney General, Yvette D’Ath with students at the official launch of the 2019 Buy Smart Competition.
Department of Justice and Attorney-General | Annual Report | 2018–19 81 RESPONSIBLE COMMUNITIES
New responsible service of alcohol videos
The Behind the Bar Responsible Service of Alcohol training video series was developed to help bar staff gain skills in handling difficult situations when serving alcohol.
These videos simulate real life situations commonly faced This staff member notices the designated driver going to by staff at licensed venues. Shown from the perspective the bar to purchase drinks for his friends, who are showing of a staff member, several different scenarios play out, signs of intoxication. The video highlights the importance showing the do’s and don’ts of refusing service and of teamwork and communication among staff to ensure all providing guidance on solutions to common problems. areas of the licensed venue are monitored.
In December 2018, following the success of the first two As in the first two videos, the new scenarios are based on instalments Just one more and Tricky situation, the Office the ‘observe, engage, assess, have a plan and provide a of Liquor and Gaming Regulation (OLGR) released two new solution’ model of refusing service. videos—Think ahead and We all play a role—which address patron safety and the role all venue staff play in ensuring The videos were informed by findings from the OLGR the responsible service of alcohol. mystery shopper program, compliance operations in the field, incident information provided by the Queensland Think ahead shows a patron who is not causing trouble, but Police Service, and industry feedback. is showing clear signs of intoxication. The goal is to slow her rate of alcohol consumption as the evening progresses, and These videos complement staff induction and Responsible possibly prevent an unwanted situation from occurring. Service of Alcohol refresher training at licensed venues and provide resources for registered training organisations. We all play a role focuses on the role glass collectors and They are available on the OLGR YouTube channel and at: other roaming staff who work from behind the bar play in www.business.qld.gov.au/liquor-gaming the responsible service of alcohol. The video focuses on a group of patrons who cannot be seen from the bar area, New Responsible Service of Gambling videos are now but the glass collector observes them during rounds. also available.
Review of Queensland’s gambling self-exclusion regime The ORP worked with the Responsible Gambling Advisory Committee (a Ministerial advisory committee) to identify options to improve Queensland’s gambling self-exclusion regime. Self‑exclusion (self-banning) is when a person asks a gambling venue to exclude or ban the person from the venue, or a gambling activity offered at the venue.
A working party was established to consider the operation The working party produced a final report, which outlined of self-exclusion programs in the State’s casino, gaming a range of options to improve the operation of the current machine, keno, and wagering sectors, having regard to: regime. The Government is considering the report’s ›› Queensland’s regulatory framework recommendations. ›› self‑exclusion models of other jurisdictions, and During 2019–20, we will progress any approved ›› relevant additional research. recommendations from the Responsible Gambling Advisory Committee’s review of Queensland’s gambling self‑exclusion regime.
82 Department of Justice and Attorney-General | Annual Report | 2018–19 YEARS 1994–2019
Benefit fund celebrates YEARS silver anniversary 1994–2019
The Gambling Community Benefit Fund (GCBF) is Queensland’s largest one‑off community grants program, distributing more than $55 million annually. Since inception of the fund in 1994, more than 57,000 grants totalling more than $888 million have been awarded to hardworking community organisations across Queensland.
Applications are considered by the Gambling Community ›› Radio Lollipop to develop a Radio Lollipop listening Benefit Committee (GCBC), an independent body platform ($90,745) appointed by the Attorney‑General. Not‑for‑profit ›› Lions Club of Withcott Helidon to establish an community groups can apply for funding of between Emergency Response Centre and Men’s Shed $500 and $35,000 (including GST) per funding round. ($100,000) The committee has the responsibility for making recommendations to the Attorney‑General on funding ›› Outback Festival to help fund the Winton Outback eligible community groups. Festival ($100,000) ›› Stanthorpe Agricultural Society to extend the In 2019, the GCBF marked its 25th anniversary of providing Exhibition Centre ($100,000) community grant funding. ›› Sheltered by Grace to construct a homeless transition To commemorate this significant milestone, up to and training centre ($97,795) $1.25 million was available in a special commemorative ›› 4 Aussie Heroes Foundation to construct a horse arena grant round for community groups to invest in capital for equine assisted therapy for first responders and works, major equipment items, community events military personnel ($84,400) or festivals, and transportation initiatives that will significantly benefit Queensland communities. The ›› Volunteer Marine Rescue Association Queensland to commemorative grants are additional to the usual purchase a rescue vessel ($100,000), and grant rounds, and provided a valuable opportunity for ›› Queensland Maritime Museum Association to construct organisations previously unable to fund initiatives greater a function centre ($93,380). than $35,000. MND Queensland was a grant recipient in the June 1994 The commemorative grant round provided 11 opportunities inaugural funding round, receiving $6,030 for office for community organisations, with 10 grants of up to equipment to grow the organisation. Since then, MND $100,000 each, and one grant up to $250,000. Queensland has received more than $300,000 from The successful applicants were announced in late May the GCBF to provide ongoing support to patients and 2019. The main grant was awarded to the Townsville their families. Hospital Foundation, which received $232,700 for renal At the time of receiving the commemorative round grant, dialysis machines and blood monitors. The other 10 MND Queensland had 239 registered clients across the recipients were: State, and 441 pieces of equipment on loan as part of ›› Motor Neurone Disease Association of Queensland the organisation’s low‑cost rental program. The grant (MND Queensland) to purchase medical equipment was vital to increase patient access to equipment such ($93,350) as cough assist machines, a patient lifter and a compact ›› Children’s Hospital Foundation to purchase a 3D lift chair. The equipment improves a patient’s quality of stationary camera for paediatric head and facial life and also saves families from outlaying thousands of surgeries ($100,000) dollars on equipment.
Department of Justice and Attorney-General | Annual Report | 2018–19 83 RESPONSIBLE COMMUNITIES
Justices of the Peace Branch partners with the Public Trustee of Queensland to improve document witnessing procedures
More than 80,000 Justices of the Peace (JPs) and Commissioners for Declarations (Cdecs) provide witnessing services to the Queensland community. Commonly witnessed documents include Wills and Enduring appointment documents, which have a major life impact for individuals and families.
Ensuring correct procedures are followed at the witnessing Volunteers supporting the JPs in the Community Program stage is vitally important to avoid unnecessary distress operate at more than 240 sites across Queensland. when the documents come into effect. Sometimes the Feedback from attendees indicated that they found the documents are effected many years after they are signed sessions particularly informative, due to the timely and by the relevant person, and witnessed by the JP or Cdec. relevant examples and experiences relayed by PTQ, which highlighted the risks of incorrectly witnessed Wills and The Queensland Public Trustee is the recognised Enduring appointment documents. authority for information about Wills and Enduring appointment documents. The feedback from the sessions was overwhelmingly positive, with many JPs and Cdecs expressing appreciation Following discussions between the Justices of the Peace for the opportunity to interact directly with Public Trustee Branch (JP Branch) and the office of the Public Trustee of staff and be able to ask a wide range of questions. Feedback Queensland (PTQ), a statewide program commenced in was also received for the JP Branch in facilitating the June 2018 to deliver information to JPs and Cdecs about the sessions. The proposal to deliver Public Trustee information importance of correct witnessing procedures for Wills and sessions to JPs and Cdecs again in 2020 has received an Enduring appointment documents. enthusiastic response from community stakeholders. During 2018–19, JP Branch and PTQ delivered 12 presentations to more than 600 JPs and Cdecs across the State from Southport to Cairns, and as far west as Mount Isa.
Sessions featured information about the role of the Public Trustee, the services provided by PTQ to Queenslanders, Volunteers supporting and addressed common myths and misconceptions surrounding the services provided by PTQ to the community. the JPs in the Community Program operate at more than 240 sites across Queensland.
84 Department of Justice and Attorney-General | Annual Report | 2018–19 Body corporate community engagement
Queensland has more than 50,000 community titles schemes spread across all parts of the State. The Office of the Commissioner for Body Corporate and Community Management (the BCCM) has a regular and prominent presence in the regions, delivering information and community engagement services to body corporate stakeholders through its seminar series.
BCCM facilitated seminars provide an excellent Our educational webinars help Queenslanders understand opportunity for the Commissioner and his team to connect important body corporate topics. The webinars also give with body corporate stakeholders personally, and discuss participants the chance to ask questions in real time. the wide range of issues stakeholders experience in a body corporate environment. In 2018–19, the BCCM ran its regular webinar series, on a range of common body corporate issues, such as, access This community engagement enables the BCCM to focus to records and by‑law enforcement. Six webinars were its services to meet community needs. For example, in delivered, with a total of 793 people registering for those North Queensland, obtaining the required amount of body webinars. corporate insurance is a significant issue. Accordingly, seminars in North Queensland, including the Whitsundays and Rockhampton, are tailored to provide emphasis on Body corporate information and community insurance requirements and obligations. education services In 2018–19, the BCCM conducted four seminars attended We provide information services to the community to help by 145 people in Mackay, Rockhampton, Townsville and stakeholders understand their rights and obligations Cairns. These seminars complemented earlier seminars under the Body Corporate and Community Management Act provided in South East Queensland during 2017–18. 1997 (BCCM Act).
In addition to the seminar series, the BCCM contributes Information and engagement activities and products to, and presents at, seminars convened by other parties, delivered this year by BCCM include: such as peak bodies and individual body corporate ›› seminars management firms. During 2018–19, the BCCM contributed to, or presented at, 13 collaborative seminars attended by ›› meetings 881 people. ›› other public forums ›› collaborations with both Government and Body corporate information services non‑government agencies in areas where there is an overlap between body corporate legislation and other Chapter 6 of the Body Corporate and Community legislation—e.g., working with Police on a factsheet Management Act 1997 establishes the BCCM and provides about CCTV in bodies corporate for its statutory information services. This service ›› articles, media releases, interviews with the complements the BCCM’s dispute resolution function. Commissioner, and ›› BCCM Common Ground e‑newsletter. Body corporate webinars Due to the success of the webinars, they are likely to The BCCM provides information and dispute resolution become one of the primary methods through which the services for those who live, invest, or work in community BCCM delivers information and education services to titles schemes in Queensland. community stakeholders.
Department of Justice and Attorney-General | Annual Report | 2018–19 85 INTEGRATED SERVICES
Integrated services
• nsuring E professional, high • Improved quality policy and legal services accessibility of are provided to Government. services • Continuously improving our facilities by considering purpose, accessibility and security to • Improved provide better services to the timeliness of community. services • Ensuring robust governance, financial and sustainability practices that contribute to public • mproved I client, confidence and organisational customer and excellence. staff satisfaction • Enhancing our ability to provide services through workforce capability, digital transformation • Improved and service demand management to meet the needs of the workplace community. inclusion, diversity and • Providing safe, supportive and respectful workplaces where engagement employees are recognised for great service.
• Recognising the value of diversity in our workforce and the diversity in the communities we serve, ensuring inclusiveness and access to services.
86 Department of Justice and Attorney-General | Annual Report | 2018–19 Governance and accountability...... 89 Digitising paper services...... 108 Our Strategic leadership team...... 90 Victim Assist Queensland eDelivery project...... 109 Audit and Risk Management Committee...... 94 Integrated services through purposeful, accessible, and secure facilities...... 110 Risk management framework...... 95 Videoconferencing systems in courts...... 114 Internal Audit...... 96 Magistrates Court SMS pilot expansion...... 115 Resource and Demand Management Committee...... 97 Delivering integrated services to communities...... 116 Information Technology and Innovation Committee...... 98 Providing high quality legal services to Government...... 119 We are DJAG...... 99 Integrated services through robust governance practices..... 120 Our Charter—providing justice for all through safe, fair and responsible communities...... 100 Information systems and recordkeeping...... 121 2018 NAIDOC Week flag raising ceremony ...... 101 Open data...... 122 Winners—DJAG Staff Excellence Awards...... 103 Complaints management ...... 123 The Crown Law Choir—our employees’ diverse Queensland Audit Office Reports...... 124 skills benefit the community...... 105 Queensland Coroner recommendations ...... 127 Integrated services through digital transformation...... 106 Future directions—our focus for 2019–20...... 127
Department of Justice and Attorney-General | Annual Report | 2018–19 87 INTEGRATED SERVICES
We provide services to the people of Queensland that support criminal, civil, and community justice outcomes.
We work collectively and collaboratively with stakeholders to deliver Government priorities and initiatives.
We provide professional, high quality policy and legal services to the Queensland Government.
We support service delivery through organisational excellence by providing timely, accessible, responsive services that are valued by the community.
88 Department of Justice and Attorney-General | Annual Report | 2018–19 Governance and accountability
Effective governance policies and procedures enable us to provide accessible, responsive, and integrated services to the community.
Our governance provides the frameworks for our We have internal accountability mechanisms that ensure objectives and the mechanisms to deliver our services. we operate effectively, efficiently and transparently. Our The collaborative relationships between our service areas governance framework allows us to: govern and drive our outcomes. We deliver integrated ›› recognise and manage risks appropriately services through robust governance arrangements that promote excellence in justice capability. ›› realise opportunities for growth ›› improve performance, and Our governance structures support our strategies, leadership and service delivery, comprising all elements of ›› monitor, evaluate and report on our activities. risk management, administration, financial management, compliance, and ethical standards. The Director‑General is our accountable officer. He is supported in his role by the Board of Management and its subsidiary committees, and through the governance frameworks that guide our decision‑making, improve targeted outcomes, and instill public confidence through transparency and accountability.
RECOGNISE AND MANAGE RISKS APPROPRIATELY
REALISE OPPORTUNITIES FOR GROWTH
IMPROVE PERFORMANCE
MONITOR, EVALUATE AND REPORT ON OUR ACTIVITIES
Department of Justice and Attorney-General | Annual Report | 2018–19 89 INTEGRATED SERVICES
Our Strategic leadership team
The Board of Management (BoM) is our principal leadership, planning, and accountability forum. The BoM meets monthly.
The BoM: In striving for a performance culture focused on ›› supports the Director-General in discharging his organisational excellence, the BoM is committed to responsibilities as our accountable officer proactive governance principles through a collegiate approach to its work. The BoM identifies strengths and ›› provides leadership, direction and guidance to DJAG, opportunities for improvement, achievements against and our strategic objectives, and to improve communication ›› provides oversight of our governance and associated between members and divisions. committee structure.
The BoM’s responsibilities include: ›› strategic planning, policy setting, risk management and resource allocation ›› performance management and reporting ›› effective and efficient service delivery ›› ensuring we are responsive to changing community needs and Government priorities ›› coordinating with other Government agencies for seamless service delivery, and ›› reviewing, monitoring and directing our governance committees.
The BoM identifies strengths and opportunities for improvement, achievements against our strategic objectives, and to improve communication between members and divisions.
90 Department of Justice and Attorney-General | Annual Report | 2018–19 Back row L-R Michael Sarquis, Michael Byrne QC, Greg Cooper, Leanne Robertson Front row L-R Jennifer Lang, Corynne Scott, David Mackie, Peter Cook
Director-General Department of Justice and Attorney-General
Board of Management Supports the Director-General to set strategic direction, monitor performance and address issues
Audit and Risk Management Committee
Resource and Demand Management Committee
Information Technology and Innovation Committee
Department of Justice and Attorney-General | Annual Report | 2018–19 91 INTEGRATED SERVICES
David Mackie Michael Sarquis Jennifer Lang Michael Byrne Qc Director-General Acting Deputy Director‑General Deputy Director-General Director of Public Prosecutions Liquor, Gaming and Fair Trading Justice Services David was appointed Michael was appointed to the Director‑General of the Department Michael was appointed as Acting Jenny was appointed to the role of statutory position of Director of of Justice and Attorney‑General on Deputy Director General, Acting Deputy Director‑General Justice Public Prosecutions in November 4 June 2015. Commissioner for Fair Trading, and Services in late 2016, having acted 2015, under the Director of Public Acting Commissioner for Liquor and in the role since April 2015. Prosecutions Act 1984. Over his nearly 30 years in the Gaming on 8 December 2018. Queensland Public Sector, Jenny brings a broad range of skills Michael commenced working David has held executive and Over his 46 years in the and experience to this position in an administrative role in the senior management positions Queensland Public Sector, Michael from a career across both the Queensland Office of the Director responsible for both the delivery has held a number of senior private and public sectors. She of Public Prosecutions (ODPP) in of frontline services and corporate positions. is admitted as a solicitor of the 1988. In his time with the ODPP, he support services. Supreme Court of Queensland and has been based in Rockhampton, He is a member of the Gambling High Court of Australia. Gold Coast, Beenleigh, and Having originally joined the Community Benefit Committee, Brisbane, and has appeared in department in 1990, David the Responsible Gambling After working as a solicitor in a almost every centre in the State initially performed a range of Advisory Committee, and private legal firm for a number of where the District and Supreme roles in the areas of finance, a member and former Vice years, Jenny commenced her career Courts are held. policy and corporate governance, President of the International in the Queensland Public Sector, before heading up corporate Association of Gaming Regulators. which has included extensive In his role as Director, he regularly services areas within the In 2018, Michael was awarded experience in senior and executive appears in all jurisdictional levels Anti‑Discrimination Commission Gaming Regulator of the Year for management positions in a number of Queensland courts, as well as Queensland (1996–2002), and the Australasia by the International of agencies. Jenny has worked in the High Court of Australia. He Commission for Children and Young Masters of Gaming Law. the areas of project and program regularly conducts high profile and People and Child Guardian (2004). management, privacy, and policy complex prosecutions and now has First becoming involved in 1992 and legal services. an almost exclusively appellate Returning to the department in on the project team to licence the practice in the Court of Appeal, and 2006, David served as the Director Brisbane Casino, and then the As Deputy Director‑General, Justice High Court of Australia, as well as of the Director-General’s Office Cairns Casino, Michael joined Services, Jenny has executive ensuring his Office is appropriately from 2006–07, Registrar‑General the Machine Gaming Division in responsibility for frontline services resourced and staff meet their of Births, Deaths and Marriages 1994. In 2008 he was appointed delivered by a diverse range of professional and ethical standards. from 2007–08, Executive Executive Director, Office of Liquor business units, including the Director, Community Justice and Gaming Regulation with courts, tribunals and Commissioner Michael was appointed Senior Services from 2008–12, Secretary responsibility for managing the for Body Corporate and Community Counsel in and for the State of (Executive Director) of the liquor and gaming licensing and Management, Dispute Resolution Queensland in 2009, which was Commission of Inquiry into the compliance regimes, implementing Branch, Justices of the Peace converted to the appointment Queensland Health Payroll System the responsible gambling strategy Branch, Blue Card Services, and of Queen’s Counsel in 2013. He Implementation (2013), and and harm minimisation programs. Victim Assist Queensland. obtained his Bachelor of Laws Deputy Director‑General, Justice from the Queensland University of Services from 2013–15, before Michael also has administrative Jenny is currently an ex officio Technology in 1991. Michael was being appointed to his current role responsibility for the Gambling member of the Queensland appointed as an Ethics Counsellor in June 2015. Community Benefit Fund, which Domestic and Family Violence for the Queensland Bar Association distributes approximately $56 Implementation Council, and holds in 2010, and is a member of the David is currently a member million each year to community a Bachelor of Laws with Honours. Queensland Bar Association. He (non‑judicial) of the National projects and initiatives. was also a member (Founding Judicial College of Australia, and the Michael has a Bachelor of Vice‑President) of the Gold Coast Director‑General Champion of the Bar Association. Queensland chapter of the National Business and Accountancy, and a Regulators Community of Practice. Graduate Diploma of Business in Professional Accounting. David holds a Bachelor of Commerce with majors in Economics and Public Policy.
92 Department of Justice and Attorney-General | Annual Report | 2018–19 Corynne Scott Greg Cooper Leanne Robertson Peter Cook Executive Director Crown Solicitor Assistant Director‑General Assistant Director-General Financial Services Branch Strategic Policy and Legal Services Corporate Services Chief Financial Officer Greg was appointed Queensland’s 22nd Crown Solicitor on Leanne was appointed Assistant Peter was appointed Assistant Corynne was appointed Executive 1 November 2008. Director‑General, Strategic Policy Director-General, Corporate Director, Financial Services Branch, and Legal Services in April 2018. Services in May 2014. and Chief Financial Officer in Over his four decades in the April 2019. Queensland Public Sector, Greg Leanne joined DJAG in 1994 as Peter has worked in a number of has accumulated a wealth of a Director in the then Policy and departments, and he commenced Prior to this role Corynne has held experience practising in public law, Legislation Division, leading a with the Department of Justice and senior officer positions within a common law and constitutional team tasked with a range of issues Attorney‑General as a result of the number of Queensland Government law. Prior to his current within the civil law sphere. Leanne 2007 machinery‑of‑government agencies including Department appointment, Greg spent four years was Acting Executive Director changes. of Justice and Attorney‑General, as Deputy Crown Solicitor of Crown in Strategic Policy, Legal and Department of Natural Resources Law’s Litigation Branch. He has Executive Services during 2011 and Peter held the position of the Mines and Energy, Corporate also held positions in the former 2012, responsible for oversight of a department’s Executive Director of Administration Agency, and Solicitor‑General’s Office and as number of discrete business units, the Financial Services Branch and Queensland Shared Services. Legal Counsel to the Parliamentary including the Executive Services Chief Financial Officer. Committee on Subordinate Branch, the Office of General Prior to commencing with the Corynne has over 21 years’ Legislation, and deputised for Counsel, and the Legal Services experience in financial management public sector in 1996, Peter worked the Solicitor‑General at national Coordination Unit. in the banking and finance sector. within the public sector. Corynne meetings of the Standing has extensive experience in Committee of Solicitors‑General. Leanne returned to policy and Peter is a Fellow of CPA Australia. financial and management legislation work in 2012, leading accounting, including internal In his role as Crown Solicitor, a team responsible for delivery and external budgeting, financial Greg acts as the solicitor on of a wide variety of legislation for analysis, system implementation, the record for the State and successive Attorneys‑General, statutory reporting, taxation provides independent legal before stepping into her current compliance, governance and advice to the Cabinet, the role of Assistant Director‑General, assurance processes. Premier, the Attorney‑General, Strategic Policy and Legal Services Ministers, Directors‑General and in 2016. Corynne holds a Bachelor of departmental officers on matters Business (Accountancy) and is a of significance to the Government. Leanne holds a Bachelor of Laws member of CPA Australia. Greg is also responsible for and Bachelor of Arts. resolving conflicts of interest in any legal matter being handled by Crown Law, and is responsible for setting the professional and ethical standards of the Crown Law office.
Greg holds a Bachelor of Laws.
Department of Justice and Attorney-General | Annual Report | 2018–19 93 INTEGRATED SERVICES
Audit and Risk Management Committee
Under the requirements of s.30 of the Financial and Performance Management Standard 2019 (FPMS), we have established an audit committee for DJAG. This committee also takes responsibility for the oversight of our fraud and risk management framework. The committee is known as the Audit and Risk Management Committee (ARMC).
The ARMC is an independent advisory body to the Director‑General. It assists the Director‑General to Key activities during 2018–19 discharge his responsibilities under the Financial ›› reviewed and endorsed the strategic and annual audit Accountability Act 2009 and the FPMS. The ARMC plan for approval by the Director‑General operates under an approved Terms of Reference, and, › in accordance with legislative requirements, has due › reviewed performance of the internal audit function regard to Queensland Treasury’s Audit Committee against the annual audit plan Guidelines: Improving Accountability and Performance. ›› reviewed the content of internal audit reports › In 2018–19, the ARMC met on four occasions—three general › monitored progress of the implementation of internal meetings, and one special meeting to review DJAG’s and external audit recommendations financial statements. Membership of the ARMC as at ›› reviewed technical issues relating to the delivery of the 30 June 2019 comprised the following: annual financial statements › Chair (external)—Len Scanlan1 › endorsed the 2017–18 financial statements for approval by the Director‑General Member (external)—Lisa Dalton2 ›› considered the results of the external Fraud and Executive Director, Office of Regulatory Policy, Liquor, Corruption Review, and Gaming and Fair Trading—David McKarzel ›› reviewed the quarterly Risk Reports. Executive Director, Reform and Support Services, Queensland Courts Service—Stephanie Attard
Representatives from Financial Services, Queensland Audit Office, and Internal Audit attend ARMC meetings as Observers.
1. The External Chair received remuneration totalling $11,126.50 during the 2018–19 financial year. 2. The External Member received remuneration totalling $3,062.50 during the 2018–19 financial year.
No other ARMC Standing Members or Observers received, nor were entitled to receive, any financial remuneration for their participation.
94 Department of Justice and Attorney-General | Annual Report | 2018–19 Risk management framework
The Financial Accountability Act 2009 requires all accountable officers and statutory bodies to establish and maintain appropriate systems of internal control and risk management.
Our Enterprise Risk Management program is designed ›› It is based on the best available information— to ensure that risks are identified and managed in an risk assessments are based on historical data, effective, structured, and coordinated way. experience, stakeholder feedback and collaboration, forecasts and expert judgement, data limitations, and To achieve this objective, we apply the following principles differing opinions. to how we conduct enterprise risk management: ›› Outcome orientated and aligned with our ›› Integral part of planning, performance and environmental context—risk management takes accountability—we are controlled and governed account of our internal and external operating effectively to achieve our critical deliverables and environment and our risk profile. objectives, and risk management is undertaken at the › enterprise, operational and business unit levels. Our › Transparent and inclusive—there is timely involvement enterprise risk approach helps to integrate program of appropriate stakeholders at all levels. and project risk with our ‘business as usual ‘ (BAU) ›› Responsive to change—risk management takes type operational risks to provide a wider holistic account of internal and external events, changes to understanding of our risk profile. Our approach moves the environmental context, results of monitoring and away from the traditional focus of only defining what reviewing activities, new risks that emerge, and risks could go wrong, and starts to explore, identify and that change or disappear. define what we must do well to enhance service delivery and to meet community expectations. Our framework aligns with the AS/NZS ISO 31000:2009 Risk ›› Ongoing oversight by senior management and DJAG management—Principles and guidelines and other best governance boards—our risks and risk matters are practice risk and resilience methodologies. discussed and considered by our governance forums We regularly review and update our enterprise and to provide assurance to the Director‑General on the operational risks throughout the year as an assurance that identification, monitoring, control, and treatment of controls remain effective. our risks. ›› It creates and protects value—risk management contributes to the achievement of our objectives and improving performance in governance, fraud and corruption prevention and control, project management, security, and the health and safety of our staff and clients. ›› It forms part of decision‑making—risk management helps decision‑makers to make informed choices, prioritise actions, and identify the appropriate course of action. ›› It is systematic, structured and timely—risk is managed while achieving consistent, comparable, and reliable results.
Department of Justice and Attorney-General | Annual Report | 2018–19 95 INTEGRATED SERVICES
Internal Audit
In accordance with the requirements of s.24 of the FPMS, we have an established, independent, internal audit function.
Internal Audit forms an integral component of DJAG’s governance framework by undertaking impartial, Output 1 independent reviews of our financial, information Delivery of annual and strategic audit plans, and management, and performance management systems. The monitoring and improving financial accountability, internal independence of Internal Audit is ensured by reporting control processes, and business practices within DJAG. directly to the Director‑General, together with a subsidiary reporting relationship to the ARMC. 2018–19 performance achievements › The program of work undertaken by the Internal Audit Unit › Developed a risk-based annual plan of audits approved was detailed in the 2018–19 Annual Audit Plan. The Plan by the Director‑General. was developed in consultation with key stakeholders, ›› Achieved 100% of management acceptance of audit and considered our strategic and operational risks and findings issued during the year. priorities. The 2018–19 Internal Audit Plan was endorsed ›› Monitored and reported on the implementation of audit by the ARMC and approved by the Director‑General. recommendations to the ARMC. Internal Audit adheres to the approved Internal Audit Charter, developed in line with the Institute of Internal Auditors’ International Standards for the Professional Output 2 Practice of Internal Auditing. An independent review by the Institute of Internal Auditors in 2014–15 assessed that Review of the effectiveness of internal controls in Internal Audit conformed to the International Standards mitigating risks. for the Professional Practice of Internal Auditing and 2018–19 performance achievements the Institute of Internal Auditors’ Code of Ethics. This independent peer review is required to be conducted every ›› Conducted risk analysis as part of the annual audit five years. planning process, together with assessments during specific audit engagements. ›› Supported management by providing advice on various corporate governance, fraud prevention, and risk management issues. ›› Further developed and refined Computer Assisted Audit Techniques over key financial systems.
96 Department of Justice and Attorney-General | Annual Report | 2018–19 Resource and Demand Management Committee
The Resource and Demand Management Committee (the Committee) was established by the BoM as part of its governance framework, and expands the role of the previous Finance Committee. The Committee’s oversight now includes a focus on non‑financial corporate resources, including our people, information technology, and external communications data.
The Committee’s Terms of Reference set out its authority and responsibility for effective functioning. Key activities 2018–19 ›› Broaden focus of the Committee to include oversight The role of the Committee is to: of non-financial resources, including our people, ›› align DJAG’s budget and resources with the Strategic information technology and communication data. Plan and Government priorities ›› Set and approved funding allocations, budget ›› monitor and report on DJAG’s financial performance adjustments, and appropriate resource allocation against our priorities and approved budgets to support our strategic direction and Government ›› monitor and report on non-financial corporate priorities. resources as directed by the Committee, and ›› Supported our 2018–19 Mid-Year Review response, and ›› formulate strategies for improving DJAG’s financial the 2019–20 budget process. position, including the approval and monitoring of our ›› Monitored financial performance and capital budget processes. expenditure against budget allocations on a monthly basis. The Committee meets monthly (or as required), and ›› Monitored actual FTE positions against the approved provides monthly reports to the BoM. budget FTE positions in accordance with Public Service Membership of the Committee as at 30 June 2019 Commission reporting guidelines. comprised:
Director-General (Chair)—David Mackie Deputy Director-General, Justice Services (Deputy Chair) —Jennifer Lang Deputy Director-General, Office of Liquor, Gaming and Fair Trading—Michael Sarquis (Acting) Assistant Director-General, Corporate Services —Peter Cook Assistant Director-General, Strategic Policy and Legal Services—Leanne Robertson Executive Director, Crown Law—Holly De Bortoli (Acting) Business Manager, Office of the Director of Public Prosecutions—Helen Kentrotis Executive Director, Financial Services Branch —Corynne Scott Executive Director, Information Technology Services —Ashley Hill
Department of Justice and Attorney-General | Annual Report | 2018–19 97 INTEGRATED SERVICES
Information Technology and Innovation Committee
We have an Information Communication Technology (ICT) governance committee established under policy requirement 2 of the Information Standard 2: ICT resources strategic planning policy 2017 (IS2). The Information Technology and Innovation Committee (ITIC) was established by the BoM as part of its governance framework.
ITIC operates under an approved terms of reference. ITIC’s As at 30 June 2019, ITIC comprised the following members: purpose is to: Chair ›› oversee and monitor our information and communication technology (ICT) portfolio and Assistant Director-General, Corporate Services innovation pipeline, and —Peter Cook ›› support our ICT practices to ensure that our priorities Standing members and requirements are met through effective business‑centric solutions. Deputy Director-General, Justice Services—Jennifer Lang
ITIC has oversight of our digital, information management Assistant Director-General, Strategic Policy and Legal and technology strategies and policies, ICT risk Services—Leanne Robertson management, and ensuring the efficient, effective and equitable use of current and future ICT resources. Deputy Director-General, Liquor, Gaming and Fair Trading —Michael Sarquis (Acting) ITIC met three times during 2018–19, and dealt with critical items out of session. Director of Public Prosecutions—Michael Byrne, QC A representative nominated by the Judicial IT Users Group —Justice Jackson
Observers
Executive Director, Information Technology Services —Ashley Hill
Executive Director, Financial Services Branch —Corynne Scott
Key activities 2018–19
›› reviewed and endorsed multiple information and communication technology policies and plans ›› assumed responsibility of acting as DJAG’s Information Security Steering Committee for the Information Security Management System (ISMS), and ›› established an updated project reporting process to provide more strategic oversight of projects, looking specifically at governance, budget and assurance.
98 Department of Justice and Attorney-General | Annual Report | 2018–19 We are DJAG
FTEs Diversity Averages Gender Separations Full time equivalent Aboriginal and Average age of Female staff Permanent employee employees Torres Strait permanent employees separation rate 3,570 Islander staff 67% annually 44 Male staff Headcount 1.6% Percentage of women 5.5% Non -English occupying SO/SES 33% 3,731 speaking positions Permanent staff background 51% 75% 7.2 % Average length of Temporary staff People with service in DJAG disability 20% 7.8 6 years Casual staff 1.6% Average retirement age of DJAG staff 5% 66
Department of Justice and Attorney-General | Annual Report | 2018–19 99 INTEGRATED SERVICES
Our Charter —providing justice for all through safe, fair and responsible communities
Our Charter was formally launched at the DJAG Staff Excellence Awards in June 2018. Our Charter’s aim is to improve our performance through demonstrating professional public service behaviour, connecting across service areas and contributing to community outcomes. In 2018–19, divisions and business units were united through shared service commitments and people‑focused principles. Our Charter assists us in attracting, developing and retaining our people to achieve our strategic objectives.
Our Charter’s ongoing program of Inclusion and diversity work supports two of the Queensland We want a workforce that reflects the diversity of our Government’s Advancing Queensland community and is committed to the public sector workforce Priorities: diversity targets for: ›› Aboriginal and Torres Strait Islander people ›› Keep communities safe, and ›› culturally and linguistically diverse people › › Be a responsive Government. ›› people with disability, and Our Charter is promoted to all employees, and ›› women in leadership (SO/SES and equivalent) positions. specifically to new employees at the formal Our Inclusion and Diversity Strategy 2018–22 embeds induction process delivered through the our plans for improving employment opportunities and outcomes for our target groups, and for youth and older quarterly Departmental Welcome sessions. people. We undertook the following key activities in 2018–19: ›› developed the DJAG Aboriginal and Torres Strait Islander Cultural Capability Action Plan 2019–23 as part of our ongoing commitment ›› established the First Nations Working Group, committed to improving workforce participation of Aboriginal and Torres Strait Islander people, and building cultural capability in our workforce ›› completed a partnership with JobAccess to support sustainability of our disability employment efforts and build disability confidence in our workforce, in support of our Disability Service Plan 2017–20 and the Inclusion and Diversity Strategy 2018–22 ›› delivered disability awareness training to approximately 60 managers ›› developed a new DJAG Reasonable Adjustment Policy, and ›› reviewed our policies, practices and processes to reduce the potential for bias, and remove systemic barriers to employment opportunities.
100 Department of Justice and Attorney-General | Annual Report | 2018–19 2018 NAIDOC Week flag raising ceremony
NAIDOC Week provides us with a valuable opportunity to celebrate Aboriginal and Torres Strait Island cultures by building bridges between non‑Indigenous Australians and Aboriginal and Torres Strait Islander communities.
To celebrate NAIDOC Week 2018, our Courts Innovation Program unit hosted the annual DJAG flag raising ceremony on 9 July 2018 outside the courts precinct in George Street, Brisbane. The ceremony was attended by the Attorney‑General, and included a Welcome to Country by Uncle Joe Kirk, and performances by Nunukul Yuggera Aboriginal Dance Company.
The 2018 theme was ‘Because of Her we Can’. The official winner of the 2018 NAIDOC poster competition, Ms Cheryl Moggs, is a traditional custodian, and is also the Goondiwindi Community Justice Group Coordinator.
We were honoured with the presence of three guest speakers at the flag raising ceremony: ›› the first Queensland Indigenous Magistrate, Jacqui Payne ›› Brisbane Murri Court Elder, Aunty Lisa Terrare, and 2018 NAIDOC ›› Queensland’s first Indigenous Judge, His flag raising ceremony, Honour Judge Nathan Jarro of the District Brisbane Court.
The 2018 flag raising ceremony contributed to our continued recognition of the value of diversity in the communities we serve, and ensuring our commitment to inclusiveness in our communities and our workforce. It represented the significance of culture, and the growth of Australia in building bridges between Aboriginal and Torres Strait Islander communities and non‑Indigenous Australians.
Department of Justice and Attorney-General | Annual Report | 2018–19 101 INTEGRATED SERVICES
Leadership and Management DFV workplace response
Development program outcomes We are an accredited White Ribbon Workplace—a recognised workplace taking active steps to stop In recognition of the vital role played by our leaders and violence against women. We have continued to raise staff managers in developing our people capability, an expanded awareness, and support our staff affected by DFV through program of works was delivered in 2018–19. The program leave entitlements, flexible work options, and counselling aligns to the public sector’s Leadership competencies for DFV affected staff, training programs for managers and for Queensland, and was informed by the Capability staff, and promoting and participating in DFV prevention Blueprint model. The Capability Blueprint is a Public Service month, and DFV community events. Commission capability model that describes three key aspects of capability: leadership; strategy; and delivery.
These key aspects drive effective organisational performance and help position DJAG effectively for the Electronic management of health, future of work. We have adapted the Capability Blueprint safety and wellbeing incidents model to aid structural, functional and service alignment with Our Charter to create a strengths‑based capability and risks review process. We are committed to creating supportive workplaces that foster health, safety, wellbeing, accountability, and This year, five business areas used the process, focusing building stronger connections with others. their attention on organisational capability, increasing organisational performance, and aligning to Our Charter. In 2018–19, we implemented Salvus—an integrated In general, the processes found key strengths in electronic system for managing health, safety and collaborating with stakeholders, and encouraging business wellbeing (HSW). improvement at the local level. There are opportunities to continue improving our workforce and performance Salvus is integrated with our payroll system to receive planning processes. regular updates to staff arrangements. It includes workflow management to ensure people with responsibility We have prioritised developing people management skills in the incident and hazard (risk) management process for individual and team performance, and prioritised are alerted to assigned tasks. The system also provides building a diverse, flexible, safe and healthy workplace reporting capability, enabling managers to obtain real‑time culture. information regarding incidents and hazards reported within their business areas.
The implementation of Salvus throughout DJAG will support us to foster health, safety, wellbeing, and accountability by ensuring hazards arising from our business are identified and managed.
Reward and recognition
The DJAG Staff Excellence Awards are held annually to recognise and reward staff who have demonstrated commitment to achieving our objectives of safe, fair and responsible communities.
There were 10 winners and eight highly commended recipients announced at an awards ceremony in Brisbane on 19 June 2019. Some of our staff excellence awards winners will go on to be nominated for other awards, such as the Premier’s Awards for Excellence.
102 Department of Justice and Attorney-General | Annual Report | 2018–19 Winners—DJAG Staff Excellence Awards
Customer focus Performance
Queensland Courts Reconciliation Action Plan Working Dispute Resolution Branch Civil team and QCAT Alternative Group, Justice Services (Team Winner) for their work in Dispute Resolution team, Justice Services (Team Winner) developing the Reconciliation Action Plan to address for collaborating to provide a higher standard of consistent the barriers that exist for Aboriginal and Torres Strait mediation service. As a result, the agreement rate has Islander people when coming into contact with the justice risen from 52% to 61% in five years. This means that fewer system. Launched in June 2018, it is the first of its kind matters proceed to hearing, representing considerable for courts across Australia applying to Magistrates and savings for QCAT and its clients. public servants. Jesse Hutchinson, Registry of Births, Deaths and Mark Farrah, Liquor, Gaming and Fair Trading (Individual Marriages, Justice Services (Individual Winner) for his role Winner) for his role as a long serving member of both and initiatives in data forecasting and modelling which Liquor and Gaming Regulation. Mark’s experience and enabled managers to see workloads across teams and knowledge contributes to an environment of trust in anticipate staffing needs during peak periods, resulting in the Licensing Division, Office of Liquor and Gaming annual savings of more than $100,000. Regulation. Mark treats staff, colleagues and clients with the utmost respect. He is inclusive, composed under pressure, and the go‑to person for both the interpretation Sustainability and the history of licensing. Victim Assist Queensland (VAQ) eDelivery Project team, Justice Services (Team Winner) for introducing paperless processes at VAQ. Initially the project focused on reducing Innovation a nine‑step process for issuing a notice of decision and statement of reasons to four steps. More than 13,900 Queensland Civil and Administrative Tribunal (QCAT) items of correspondence are projected for delivery in 2019. and Digital Transformation team, Justice Services (Team Despite a 66% increase in applications, VAQ’s paper, Winner) for pioneering our first 24/7 channels for customer printing and postage costs have halved. service through the development of two chatbots: MANDI and SANDI. These interactive tools allow Queenslanders to access clear, accurate and timely information on a range of topics specific to neighbourhood challenges and disputes.
Garry Hawthorne, Liquor, Gaming and Fair Trading (Individual Winner) for his role in developing the Case Planning, Recording and Management (CPRM) tool to integrate most of Office of Fair Trading’s (OFT) forms used by OFT investigators.
Department of Justice and Attorney-General | Annual Report | 2018–19 103 INTEGRATED SERVICES
Leadership Workforce engagement and
Office of the Assistant Director‑General team, Corporate performance Services (Team Winner 1) for establishing the Women’s We are committed to maximising every employee’s ability Network, which aims to empower women in Corporate and opportunity to contribute to DJAG through excellent Services. The Network has been designed to align to conduct, high performance, and providing a workplace the Queensland Women’s Strategy, a priority area of the culture which reflects the Public Service Values. We Queensland Government, and supports two priority areas measure our staff engagement through participation of the DJAG Charter, being inclusion and diversity, and in the Public Service Commission’s annual Working for trust and collaboration. Queensland employee opinion survey. Strategic Policy Blue Card Project team, Strategic Policy In 2018, 2,541 DJAG employees (71%) responded to the and Legal Services (Team Winner 2) for delivering an annual survey. Overall, we improved or remained static extensive policy and legislative reform package, including across all survey factors compared to the 2017 results. The giving effect to the Government’s ‘No Card, No Start’ 2018 results indicated my workgroup, my manager and job election commitment. empowerment as the most positively perceived factors. Greg Dunstan, Corporate Services (Individual Winner) Agency engagement had the highest increase compared to for his leadership during the ICT disaster recovery event 2017, up by 5%. in Brisbane Magistrates Court. On 1 November 2018, the We are continuing actions related to the 2018 survey and fire suppression system and alarm activated, resulting consolidating the improvements seen in previous surveys. in the vast majority of the data centre equipment rapidly overheating and shutting down. The damage to shared hardware from the gas and overheated components was the most significant ICT disaster to affect DJAG in decades. Industrial and employee relations
We continue to ensure our employment and industrial relations policies, practices and processes reflect and support the Government’s employment security and union engagement policies. Our Agency Consultative Committee (ACC) is our channel of communication with the union to engage on industrial issues impacting, or which may impact, our workforce.
The ACC has focused on permanent, temporary, casual employment, labour hire arrangements, right of entry with DJAG business units, Union Encouragement Policy, and organisational realignment.
Additionally, the ACC has been involved in planning the renegotiation of a replacement agreement for the State Government Entities Certified Agreement 2015 (Core Agreement), and OPG Community Visitor Award Variation.
Early retirement, redundancy and retrenchment
During 2018–19, one DJAG employee was made redundant. No employees received early retirement or retrenchment packages.
104 Department of Justice and Attorney-General | Annual Report | 2018–19 The Crown Law Choir —our employees’ diverse skills benefit the community
The Crown Law Choir (the Choir) was established in 2002 by the then Crown Solicitor, Conrad Lohe, together with a number of other Crown Law staff. The Choir was formed to raise money for charity at Christmas, through performances of Christmas Carols in the foyer of the State Law Building at 50 Ann Street, Brisbane.
As the Choir’s popularity grew, performances began to be ›› Opening of the Law Year Church Service at staged in other justice‑related buildings in the Brisbane the Salvation Army Brisbane City Temple CBD. Monetary donations are collected from passersby and ›› Easter performance at 1 William Street, and DJAG staff, and are distributed to local charities supporting vulnerable and disadvantaged members of the community. ›› DJAG Staff Excellence Awards.
The Choir’s membership has grown well beyond the Sadly, the Choir’s founder, Conrad Lohe, boundaries of Crown Law, and now comprises staff from passed away in April 2019. As a touching across multiple DJAG divisions, as well as the wider legal tribute to him, the Choir was invited by profession, including members of the Queensland Bar Conrad’s family to sing at his funeral. To honour Association and a retired District Court Judge. Currently, Conrad’s memory, the Choir’s chosen charity the Choir falls within the auspices of the Crown Solicitor. for the 2019–20 It is led by Musical Director, Linda Tolmie, and supported year will be by a committee of volunteers who meet regularly to attend Motor Neurone to administrative requirements and further support the Disease Choir’s work. Queensland.
The Choir values inclusion and diversity, and membership of the Choir is open to everyone. Members donate their personal time for rehearsals and performances, including on weekends.
Members possess varying skill levels of musicality and musicianship. Through mutual respect and leveraging members’ diverse skills, knowledge, and experience, the Choir works collaboratively to deliver high quality, inspirational performances for the benefit of the wider community. Choir members report that they also gain great benefit from membership of the Choir, and that the camaraderie existing between members contributes to enhanced wellbeing and a better work‑life balance. The Crown Law Choir demonstrates Our Charter principles by connecting and uniting people across service areas under the common theme of contributing to better community outcomes.
As well as Christmas performances, the Choir also performs elsewhere when invited. The Choir has become a regular feature at the Opening of the Law Year Church Service in Brisbane, and the Exchange of Christmas Greetings in the Banco Court by invitation of the Chief Justice of the Supreme Court of Queensland.
During 2018–19, the Choir raised more than $2,000 for charity, and delivered the following performances: ›› Christmas carols at State Law Building, 1 William Street, the Banco Court, and 400 George Street
Department of Justice and Attorney-General | Annual Report | 2018–19 105 INTEGRATED SERVICES
Integrated services through digital transformation
ICT Strategy and enterprise‑wide Enterprise‑wide projects
projects In addition to commencing the ICT Strategy Implementation Program, two other enterprise‑wide projects were We have developed a comprehensive Information and delivered, including: Communication Technology Strategy 2018–23 (ICT Strategy), which sets the vision for our ICT. ›› in response to the introduction of the NBN as supplier of Australia’s telephone cabling backbone we Our vision recognises that ICT is a foundation element of transitioned to a Voice over Internet Protocol (VoIP) providing integrated services to our business areas, and telephony service, and which aligns with Our Charter to deliver accessible and ›› an ICT Disaster Recovery solution was established to timely services. allow a rapid recovery in the event of an ICT disaster. We use digital solutions to: Some ICT initiatives completed within specific business › › improve service outcomes units are featured in other parts of this annual report. ›› improve operational efficiency, and Enterprise‑wide initiatives commenced in 2018–19 and › › address increasing operational risk, arising from expected to be completed in 2019–20 include: outdated systems and superseded technology. ›› upgrade of the desktop Managed Operating We received approval and funding to implement the Environment to Win10, and first two years of the ICT Strategy, and commenced ›› adoption of Print and Image as a Service (PIaaS). implementation activities in 2019.
Our vision recognises that ICT is a foundation element of providing integrated services to our business areas, and which aligns with Our Charter to deliver accessible and timely services.
106 Department of Justice and Attorney-General | Annual Report | 2018–19 ICT Strategy ICT disaster recovery put to the test
The ICT Strategy defines a strategic approach to Protecting our ICT systems is critical to ensuring delivery of replacing legacy technology and enabling future digital our services to Queenslanders. service delivery. Completed in December 2018, the ICT Disaster Recovery The first two years of implementation activities focus on Project was an on‑time, under‑budget success story implementing and proving seven ICT capabilities including: for us. The project intended to ensure a rapid return to ›› case management—for matter, customer and service business‑as‑usual capability for all critical ICT services in management the event of an ICT disaster. ›› information management and data management—to The newly established disaster recovery capability was capture data in a common way and enable appropriate tested when a major outage in our primary data centre sharing of information resulted in the majority of our ICT systems components ›› integration—to share information between systems overheating and shutting down. more efficiently and effectively This was the most significant ICT disaster event DJAG had ›› identity and security—to enable appropriate access to experienced in decades. services and systems by clients, staff members, and businesses However, using the new disaster recovery capability, our systems were ‘failed‑over’ to a secondary data centre, › › online citizen service—to provide the public and our ensuring that normal services were restored in under sector partners with optimised online service delivery 24 hours. ›› cloud based document storage—to better manage and exchange documents, and Management of the ICT disaster event demonstrated the team’s adherence to Our Charter principles, which › › business process management and workflow guide our people’s efforts to work collectively and capability—to streamline and automate inefficient collaboratively, and always focus on community outcomes. processes. When mission‑critical ICT service is disrupted, The ICT Strategy outlines the preferred approach of Queenslanders want to know all government systems are implementing enterprise ICT capabilities which can be safe and secure and that information is protected. This reused multiple times across our varied functions. The successful project met all its objectives in protecting our intention is to introduce a small number of capable and information and communication technology. flexible technology platforms which have the ability to replace multiple systems in use, including some at‑risk The initial budget for the project was $7.6 million, however, systems which have been prioritised for replacement in the it was completed under budget, with a total spend of first two years. $6.1 million.
Improving the ability to manage and share information The project has been reported as completed on the electronically is central to the ICT Strategy, as is enabling Queensland Government Digital Projects Dashboard. the transformation to online service delivery.
Department of Justice and Attorney-General | Annual Report | 2018–19 107 INTEGRATED SERVICES
Digitising paper services
We are committed to digitising paper services to make it easier for people to access and use our services, reduce processing times, and implement sustainable practices that contribute to public confidence and organisational excellence.
Office of Fair Trading online services Justice Services online forms
During 2018–19, the Office of Fair Trading (OFT) continued Our Justice Services division currently maintains to consolidate and refine its online services to provide approximately 60 online forms. These forms remove the more clients with the ability to pre‑fill forms using an reliance on paper by assisting or providing users with the authenticated Queensland Government login. ability to: › OFT clients are able to create a whole‑of‑government › make or find out, online, the status of their applications account and access pre‑filled online forms using an ›› make payments online authentication and authorisation process. This reduces the ›› upload documents more efficiently, and processing time required for clients to submit their forms. ›› use self‑service to obtain data in an electronic format. The OFT also initiated an email reminder notification service for licensees who are able to lodge their licence As at 30 June 2019, of the forms able to be lodged online, renewal application online. In addition to receiving a there have been more than 134,000 form submissions, or renewal notification in the mail, licensees receive an document uploads. email notification two weeks before their licence is due for renewal. The email notification includes a link to the OFT We have updated our forms to expand their capability, and online service page on the Your rights, crime and the law provide broader access to the community. For example, Queensland Government website. the ‘Book a courtroom’ form has been converted to an electronic form that allows people to book facilities within These initiatives have helped to increase online a courthouse, statewide. submissions to 28,467 for 2018–19, an increase of 29.5% on the previous financial year. In April 2019, we delivered enhancements to the Coroners Court of Queensland (CCQ) online form. This is used by In 2018–19, property occupation and motor dealer online Government‑funded funeral directors when submitting licence renewals increased 26.5% to 8,034 submissions their invoices to CCQ for conveyancing and burials compared with 6,351 in 2017–18. In the same period, assistance services delivered throughout Queensland. security provider online licence renewals increased 11.3% to 6,979 compared with 6,272 in 2017–18. The enhancements have made it easier for Government‑funded funeral directors to transact with In 2018–19, average processing days for property agent CCQ, and have streamlined internal CCQ business licence renewals submitted via all channels was 16 days, processes. This results in significantly reduced while renewals submitted via the online channel averaged administration time and improved validation of data, just three days to process. Security provider renewals which in turn improves the quality of services delivered to averaged 11 days to process via all channels, with the the wider Queensland community. online submitted renewals averaging two days to process.
108 Department of Justice and Attorney-General | Annual Report | 2018–19 Victim Assist Queensland eDelivery project
Victim Assist Queensland (VAQ) administers a financial assistance scheme to help victims of crime, including DFV victims, recover from the physical and psychological impacts of violent crime.
VAQ receives approximately 4,000 financial assistance In addition to saving significant staff time and effort in applications annually from victims of crime. Each producing outcomes for clients, financial and environmental applicant, at a mimimum, receives: benefits were realised as the project was delivered. ›› a letter acknowledging receipt of their application › › a notice of decision, and Despite a 66% increase in ›› a statement of reasons. applications received since 1 July Eligible applicants also receive a verification of identity form, and remittance advices for payments made to them. 2017, the eDelivery initiative has The eDelivery project introduced paperless processes to resulted in VAQ’s printing and create efficiencies in the way we correspond with our clients.
Initially, the project focused on introducing efficiencies postage costs being reduced by 32% by reducing the number of steps involved in sending between 2017–18 and 2018–19. correspondence to clients. Previously, issuing a notice of decision and statement of reasons was a nine‑step process that was both labour and resource-intensive. This has Additionally, the project will result in longer term been reduced to a four‑step process through the eDelivery environmental benefits through the reduction in use of initiative. The eDelivery process provides a more efficient, paper, toner, and electricity consumption, together with streamlined method for corresponding with clients. reduced financial costs associated with the production and storage of correspondence. As a result of this project, VAQ officers no longer need to print file records and correspondence, as all records Based on 2018–19 figures, it is forecast that eDelivery will are kept within the case management system. This has be used to send more than 13,900 letters to clients from had a significant impact on VAQ’s paper, printing, and 2019–20 onwards. postage consumption, as well as the investment of time in Spending less time on administrative tasks, such as completing the process. printing and postage, not only saves resources and the environment, it also supports greater efficiencies in providing victims of crime with the financial assistance they require to help them get their lives back on track.
Department of Justice and Attorney-General | Annual Report | 2018–19 109 INTEGRATED SERVICES
Integrated services through purposeful, accessible, and secure facilities
Courthouse upgrades project Our courthouses play a critical role in delivering justice services to our communities, and we recognise the need to preserve, maintain, and improve our courthouse facilities to the highest standard. We continually review the purpose, accessibility and security of our courthouses to keep the community safe, and to provide the community with better services that keep pace with emerging technology.
2018–19 has been a year of significant activity in the upgrading of three major courthouse precincts in Queensland to improve service delivery. Two courthouse upgrades will ensure safe communities through the provision of specialised DFV facilities.
Beenleigh Courthouse Beenleigh is Queensland’s second‑busiest court for the hearing of DFV matters (behind Southport), hearing approximately 10 per cent of Queensland’s total DFV matters annually.
Following an external refurbishment in 2016, Beenleigh Courthouse is undergoing an $11 million upgrade to provide a new, state-of-the-art DFV courtroom, featuring: ›› modern audio visual and videoconferencing facilities ›› a secure DFV waiting area, and ›› a secure entrance and exit for DFV clients.
The DFV courtroom is nearing completion and other improvements to the courthouse have commenced construction. Additional features of the upgrade include: ›› a new front entrance to the courthouse ›› an upgraded electronic security system ›› a new internal staff lift, which will improve access and security arrangements ›› refurbished public waiting areas and counters ›› refurbished amenities ›› additional meeting and conference facilities, and ›› upgraded building services.
The project is expected to be completed by early 2020.
110 Department of Justice and Attorney-General | Annual Report | 2018–19 Townsville Courthouse Townsville Courthouse was originally constructed in the early 1970s, and is presently undergoing a $9 million upgrade, with the modernised new Magistrates Court registry already complete.
Upgrade works include the provision of a new DFV courtroom, safe area, safe access passageway, and atrium between the courthouse buildings.
Aside from the new DFV courtroom (which increases the number of Magistrates Courts from five to six), there will be: ›› new interview and conference rooms ›› refurbished stakeholder facilities ›› a new shared entrance and security counter, and ›› upgraded services and security systems.
The project is scheduled for completion by early 2020.
Rockhampton Courthouse The current Rockhampton Courthouse was officially opened in April 1998, and is presently undergoing a $12 million upgrade. Rockhampton’s current courthouse hosts the Magistrates, District, and Supreme Courts jurisdictions. The courthouse forms part of the same complex as the heritage listed former Supreme, District, and Magistrates Court buildings, which were constructed in 1887, 1915, and 1936 respectively. Those heritage listed buildings are now used for separate purposes.
The upgrade of Rockhampton Courthouse addresses a number of areas requiring attention, including a major issue of water ingress. The full scope of work comprises: ›› full external refurbishment ›› a disability access ramp ›› enclosed balconies, and ›› rectification of water ingress issues.
Once work has completed, the Rockhampton Courthouse will provide the local community with better access to justice through more accessible and efficient services. As Rockhampton is the primary service centre for the region, many people travel from greater Central Queensland to use the court services provided from the Rockhampton Courthouse.
The project is expected to be completed in late 2019.
Despite the extensive scope of works across all three of these upgrade projects, there has been little or no disruption to court operations and services to the community. Our Facilities Services staff, court registry staff, and Judicial Officers have been in constant communication to ensure that the local communities continue to receive full service delivery during the construction process.
Department of Justice and Attorney-General | Annual Report | 2018–19 111 INTEGRATED SERVICES
Courthouse preservation—where heritage meets sustainability
Queensland is home to several historic and beautiful courthouse buildings. One of the challenges we face with our historic courthouses is maintaining and upgrading them within the environment of a heritage listing. Currently, there are 12 of our courthouses listed on the Heritage Register. A heritage listing requires any maintenance or improvement work to be completed within the established parameters for the preservation of the building in its original style. Heritage listed buildings may be upgraded, as long as the works do not interfere with the historical preservation of the building.
Three of our most beautiful heritage listed courthouses are those located in Maryborough, Warwick, and Gympie.
Maryborough Courthouse Warwick Courthouse Maryborough Courthouse is the oldest courthouse we own. Warwick Courthouse was constructed in 1885, with Construction of the courthouse was completed in 1877. The additions to the building being made in 1914. Department of Housing and Public Works (DHPW) Colonial Architect, FDG Stanley was responsible for the design of The building was designed by the Department of Housing the courthouse. A local contractor, John Thomas Annear, and Public Works Colonial Architect, John C. Clark. The was the successful tenderer for the construction and construction contract builder was William G. Conley, and completed the construction within 12 months. John McCullough completed the stonework.
The Maryborough Courthouse was entered on to the The Warwick Courthouse was entered on to the Heritage Heritage Register on 21 October 1992. Register on 21 October 1992.
112 Department of Justice and Attorney-General | Annual Report | 2018–19 Gympie Courthouse Gympie Courthouse was constructed between 1900 and 1902. DHPW Architect, John Smith Murdoch, designed the building. Bundaberg builder Edward Boyle was the construction contractor, with the building completed in March 1902.
The Gympie Courthouse was entered on to the Heritage Register on 21 October 1992.
Following a feasibility study, Gympie Courthouse was selected for the installation of solar panels on the roof of the courthouse to improve the sustainability of the building. The roof structure of Gympie Courthouse was the most suitable for a pilot program of solar panel installation. We have access to real time performance of our solar panels from a computer or smartphone, which enables us to track and analyse solar generation and also track the volume of CO2 emissions saved. The efficiency of the solar panels also allows excess electricity generated by the solar panels to be delivered back to the grid for the benefit of the community.
Expansion of solar panel installation on suitably assessed courthouses is being considered for the future.
Department of Justice and Attorney-General | Annual Report | 2018–19 113 INTEGRATED SERVICES
Videoconferencing systems in courts
The ongoing investment by the Queensland Government into updating and expanding the audio visual capability of Queensland courts has allowed for a seven‑year replacement cycle of technology.
During 2018–19, technology upgrades were completed in 47 courtrooms and 13 correctional centres. The continuing investment in videoconferencing systems allows for the percentage of in‑custody court appearances to keep pace with the increase in matters lodged with the court.
Each month, approximately 70%‑78% of in‑custody defendants appear in court by videoconferencing technology, which reduces: ›› the number of prisoner transports ›› transport costs, and ›› the time taken by correctional centre staff in facilitating each prisoner’s court transfers.
Using videoconferencing in court matters improves access for interpreters and remote witnesses, as well as reducing participants’ travel costs and time. Videoconferencing facilities provide special witnesses and vulnerable persons flexible options for appearing in court, including: ›› pre-recording of video evidence for child witnesses, and ›› allowing remote appearances from secure locations for special witnesses, including DFV matters.
114 Department of Justice and Attorney-General | Annual Report | 2018–19 Magistrates Court SMS pilot expansion
The SMS project commenced in the Mackay Magistrates Court in June 2016, as an initiative of the Streamlining Criminal Justice Committee (the Committee), chaired by His Honour, Justice Douglas.
The project set up a system for defendants appearing Ensuring that people attend court when required provides before the Mackay Magistrates Court, where each many benefits. Firstly, the defendant will not be charged defendant was sent an SMS message to remind them of with a breach of bail, which would be recorded on their every court date they were required to attend. criminal history. Secondly, court cases are not delayed by the issuing of a warrant and the need to wait for the The Committee identified issues around the bail process Queensland Police Service (QPS) to locate and return in Queensland. Apart from initial documentation provided the defendant to court. Finally, the QPS saves valuable when a defendant is granted bail, defendants are often not resources by not needing to locate defendants with notified in writing of any subsequent court dates. In many warrants for failing to appear in court. instances, court dates are only provided verbally to the defendant during a court appearance. After the initial pilot, an evaluation by the University of Queensland supported a statewide expansion, The Committee determined that a lack of written which commenced on 8 December 2018. The statewide notification could be one reason why defendants failed to expansion of the pilot included the testing of ‘nudge appear at court for their scheduled court appearance. theory’, a behavioural science concept using positive and negative reinforcement to encourage desired behaviours. The aims of the SMS project are: Four differently worded messages are being trialled to ›› to reduce the number of warrants issued for defendants identify which is the most successful at influencing a on bail who fail to appear at their court appearance, defendant’s behaviour. and From commencement until 30 June 2019, more than 88,000 ›› to reduce the number of offences for failing to appear SMS reminder messages have been sent to defendants. An while on bail. evaluation of the statewide SMS service is currently being undertaken by the University of Queensland.
From commencement until 30 June 2019, more than 88,000 SMS reminder messages have been sent to defendants.
Department of Justice and Attorney-General | Annual Report | 2018–19 115 INTEGRATED SERVICES
Delivering integrated services to communities
Townsville flood event—provision of court services
In February 2019, the Townsville region experienced an Helicopters, boats and Army amphibious vehicles were extraordinary one‑in‑100‑year deluge of rain. It was the used to evacuate people from their homes in the middle region’s worst flood, recording more than one metre of rain of the deluge. The Townsville‑based 3rd Brigade soldiers in a week. and military equipment were used to sand bag homes, evacuate people, and assist with the mammoth clean up Up to 22,000 homes were evacuated and hundreds of that followed. homes were inundated with flood water. Many roads in and around the city, as well as the highways to and from Townsville was declared a disaster area. Townsville, were cut. All schools were closed. Many government departments, businesses, and shops were also forced to close.
Townsville’s Supreme, District and Magistrates Courts registries were also closed, however, throughout the disaster, the courts still managed to function.
Supreme, District and Magistrates Courts registry staff, who were not affected by the flooding, were ready and willing to come into work to provide a service to the community. They, along with Judges and Magistrates, worked tirelessly to keep the courts running efficiently and effectively.
Huge backlogs were experienced as people were unable to travel to court. All matters, except for urgent matters were adjourned, with notices sent out for future dates. Judicial Officers arranged an extra allocation of future court dates to help ease the backlog and keep the workload flowing.
Throughout it all, and in the following months, Townsville Court registry staff displayed empathy, professionalism, and dedication to their duties. The team received a Highly Commended Award for Customer Focus at the Justice Services Divisional Excellence Awards in April 2019.
116 Department of Justice and Attorney-General | Annual Report | 2018–19 Providing integrated services to Poruma (Coconut Island) The Justices of the Peace Branch (JP Branch) has been ›› VAQ discussed financial assistance for victims of crime providing training and appointment opportunities for remote ›› BCS met with community groups including the school, Torres Strait Islander communities to improve access to the health centre and council witnessing services. By providing training and appointment opportunities to these communities, it means that people ›› four community members met with BCS to confirm valid do not have to travel long distances between islands across cards and apply for a renewal the Torres Strait. ›› CIP met with community elders on justice issues
In May 2019, the JP Branch saw an opportunity to connect ›› DTMR Indigenous Licensing Unit reported 21 community with other Justice Services business units when travelling members successfully completed their learner licence to remote communities to deliver services and training. testing, and ›› RBDM engaged with community members about the In June 2019, the JP Branch, together with the Registry of birth registration process. Births, Deaths and Marriages (RBDM), Blue Card Services (BCS), Victim Assist Queensland (VAQ), Courts Innovation One community member attended the Commissioner for Program (CIP), as well as the Department of Transport Declarations training and then successfully gained her and Main Roads (DTMR) Indigenous Licensing Unit, and learner licence, along with her 16 year‑old son. She was the Aboriginal and Torres Strait Islander Legal Service then instrumental in rallying other community members to (ATSILS), travelled to Poruma in the remote Torres Strait, meet with DTMR. to spend the day engaging with, and delivering services to, the Poruma community. Through collaborating with business units across Justice Services, and also with DTMR and ATSILS, significant Feedback from the Poruma community has been savings in travel costs were achieved in delivering services overwhelmingly positive: to the Poruma community. ›› 13 people attended the Commissioner for Declarations training Following the success of the Poruma visit, future opportunities for visiting remote communities to ›› ATSILS met with multiple community members about provide services in conjunction with other agencies are various legal issues being considered.
Department of Justice and Attorney-General | Annual Report | 2018–19 117 INTEGRATED SERVICES
The strategy is underpinned by four Charter‑aligned Regionally dispersed teams principles, and provides tools and resources for staff and Courts Services Queensland (CSQ) has approximately management to create a common understanding, and set 1,000 staff spread out across 117 metropolitan, regional clear expectations for staff at all levels across the CSQ and rural locations across Queensland. workforce. The principles are: ›› reflecting the community’s diversity: creating a Our services are dispersed across Queensland, which can workplace culture where we value differences, leverage result in CSQ staff and teams being: people’s diverse skills and knowledge, and build a ›› separated by geography (for example, regional staff workforce reflective of our community separated from their Regional Directors) ›› professional growth and development: encouraging ›› located in different buildings within the one town or city learning and development through experience, learning ›› located on different floors of the same building from others, and training to maximise career pathways and equip our people for the future ›› separated from their team when they travel, including › when staff go on court circuit or other work related › trust and collaboration: creating supportive workplaces travel, or that foster safety, accountability and building stronger connections with others to deliver integrated services › › separated because of a flexible working arrangement and community outcomes, and or working remotely. ›› visible and connected: creating teams that are visible, To acknowledge and support our staff, CSQ enacted the regardless of physical location, and equip managers to Dispersed teams strategy for the variety of dispersed team be adaptable and supportive. scenarios experienced by staff across CSQ. The strategy will guide the way CSQ staff at all levels interact and As part of the strategy, 53 laptops were provided to work as a high‑performing team with their colleagues in a registries across Queensland to allow staff to keep in touch dispersed work environment. with managers and team members, and access training opportunities more easily. Online tools including lunchbox The strategy is aligned to the strategic outcomes outlined sessions, recruitment, on‑boarding and induction in the Queensland Courts Service Strategic Plan, including: materials were released for all CSQ staff to access. ›› contemporary and accessible court services and independent courts ›› a diverse, dynamic and high performing workforce ›› a modern and agile organisation, and ›› a whole of justice system approach.
118 Department of Justice and Attorney-General | Annual Report | 2018–19 Providing high quality legal services to Government
Whole‑of‑government legal Whole‑of‑government policy for services panel engaging barristers
The whole-of-government legal services panel is a On 1 January 2015, the Engaging barristers to undertake collaboration between us and the Department of legal work for government departments policy commenced. Housing and Public Works. The panel commenced The policy provides a consistent and fair approach to on 1 April 2015, and expires on 31 March 2020. It was remunerating barristers engaged by, or on behalf of, implemented to provide high quality legal services for Queensland Government departments. untied work at a competitive rate to Government and non‑government agencies. Under the policy, barristers are requested to express interest in performing Government work and nominate a The panel provides value for money through: Government rate up to a cap of: ›› informed purchasing ›› $300 per hour and $3,000 per day for junior counsel, ›› consistent contracts and › ›› better performance management, reporting and › $500 per hour and $5,000 per day for senior counsel. governance arrangements, and Fees above the maximum hourly and daily fee caps must ›› continuous improvement. be approved by the Attorney‑General.
The panel is administered by our Legal Services In March 2019, the Queensland Government adopted the Coordination Unit. Law Council of Australia’s Equitable Briefing Policy. The Queensland Government is the first in Australia to adopt, as Crown Law is a significant provider of legal services to the a whole‑of‑government strategy, Law Council’s 2020 targets Queensland Government. Crown law must provide legal regarding the briefing of women. Women barristers must services as outlined in the tied work guidelines. For untied be briefed in at least 30 percent of all briefs, and receive at work, Government departments may choose to engage least 30 percent of the value of all briefs by 2020. Our Legal Crown Law, a private solicitor or barrister. Services Coordination Unit collects the reporting data and coordinates the policy within the Queensland Government. During 2018–19, Queensland Government departments spent $67 million on solicitors’ legal fees (excluding GST and disbursements). This includes $30.54 million to Crown Law for tied work, and $36.46 million for untied work through the legal services panel.
Opt‑in agencies, including Queensland Government agencies and bodies, community based non-profit organisations, local authorities, and universities, spent an additional $24.3 million through the legal services panel. In addition, $3.91 million was paid by statutory bodies to Crown Law for tied work. For further information on tied and untied work, refer to page 209 of this annual report.
Department of Justice and Attorney-General | Annual Report | 2018–19 119 INTEGRATED SERVICES
Integrated services through robust governance practices
Public Sector Ethics Education and training During 2018–19 the ESU ensured that DJAG complied with Public sector employees are bound by the Public Service s.12K of the PSEA, by conducting face‑to‑face training in Act 2008 (PSA), the Public Sector Ethics Act 1994 (PSEA), Workplace Ethics for new and existing employees. and the Code of Conduct for the Queensland Public Service (Code of Conduct). We held 45 face‑to‑face Workplace Ethics training sessions across Queensland. Additionally, there were five Tools Four ethical principles contained in the PSEA are of the Trade training sessions, dedicated to further embedded in the Code of Conduct: strengthening the ethical decision making knowledge and ›› Integrity and impartiality skills of managers and supervisors. ›› Promoting the public good In total, 757 DJAG staff received the face‑to‑face Workplace ›› Commitment to the system of government, and Ethics training. Additionally, 41 supervisors and managers ›› Accountability and transparency. received the Tools of the Trade training. The face‑to‑face Workplace Ethics training is supplemented We have an Ethical Standards Unit (ESU), which is by online refresher training available to all staff, and this responsible for the development and implementation of a was completed by 1,917 staff during 2018–19. DJAG ethics awareness strategy. It also provides advice, education and training on ethical issues, including the Code A further 12 ethics training and information sessions of Conduct and DJAG’s Workplace Policy. The ESU advises on relating to specific areas of risk and legislative change ethical dilemmas, conflicts of interest, other employment, were delivered to 239 staff during 2018–19. and provides general advice on ethical issues. The ESU is strongly committed to delivering regular The ESU is also responsible for the investigation and training sessions to all business areas and regions. These reporting of misconduct and corrupt conduct, liaison with education and training initiatives and related ethics the Crime and Corruption Commission, and public interest advisory services provided by the ESU have, over time, disclosure protection. The objective of the ESU is to improved accountability and understanding by staff of support our culture of integrity and accountability. their obligations under the Code of Conduct and the DJAG Workplace Policy. Procedures and practices Under s.12L of the PSEA, our administrative procedures and management practices have proper regard to the values and principles of the Act. These are reflected in: ›› human resource management policies, practices and procedures, as well as Workplace Ethics training ›› business area plans that support the objectives of the strategic plan. In turn, staff performance effectiveness plans align with business area plans, the Strategic Plan, the Act’s ethics principles, and the Code of Conduct.
Considerable effort continues to be invested in aligning the integrity and accountability processes of our diverse business areas to embed the Queensland Public Service culture and values, and improve our justice capability.
120 Department of Justice and Attorney-General | Annual Report | 2018–19 Information systems and recordkeeping
Information is a critical asset that enables us to deliver our services effectively, efficiently, and consistently.
We comply with the Public Records Act 2002, keeping Our Information Technology Services (ITS) branch complete and accurate records of our activities. provides advice, guidance, technical support, and security management of the recordkeeping and enterprise‑wide Information management is governed by the Public information systems. ITS has implemented enhancements Records Act 2002, Recordkeeping (IS40) and Retention and to the eDOCS system during 2018–19, including introducing Disposal of Public Records (IS31) Information Standards, as the concept of shared workspaces. This allows staff to well as whole‑of‑government recordkeeping policies and easily share records within eDOCS from one central, easily guidelines issued by the Queensland State Archivist. managed location. The services provided by ITS support the confidentiality, integrity and availability of business We have a recordkeeping policy which further defines the information contained within our information systems. expectations of staff in appropriately undertaking their responsibilities. In 2018–19 several new resources, including quick reference guides and a power user information package, We manage our records proactively and responsively to: were developed and provided to staff to help in the ›› document our decision‑making and actions discovery and management of information. ITS delivers ›› mitigate our exposure to risk, and personalised eDOCS training on an ad hoc basis, and publishes online training courses available to all staff on ›› safeguard our departmental history and knowledge. the use of eDOCS, recordkeeping, and security.
We maintain paper‑based records, and an electronic We plan to continue improving our information systems and document and records management system (eDOCS) to recordkeeping. We are enhancing education and awareness manage and secure our administrative and core business materials on the topics of information management, records effectively, both regionally and centrally. including information security, and records management. This includes the correct scheduling and disposal of administrative records in accordance with the Queensland Government’s General Records and Disposal Schedule, and State Archives approved retention and disposal schedules for core business records.
We have a number of areas working on paper‑lite and digitisation activities of existing paper‑based records, such as Births, Deaths and Marriages and Crown Law. The ICT Strategy implementation program is also working on proving a number of capabilities which enable a ‘born‑digital, stay‑digital’ approach to recordkeeping, aligning with Our Charter to deliver integrated services.
We also use the whole‑of‑government systems SAP (for financial performance management) and Aurion (for human resource management).
Department of Justice and Attorney-General | Annual Report | 2018–19 121 INTEGRATED SERVICES
Open data
We support the Queensland Government’s commitment to effectively managing the release of Government data to optimise the use and reuse of open data for the benefit of the Queensland people. We comply with the principles contained in the Queensland Government Open Data Policy Statement.
Open data is non‑sensitive data that is freely available, easily discovered and accessed, published in ways and with licence that allows easy reuse by anyone, anywhere, at any time.
The Open Data initiative helps make Government more transparent and encourages individuals, businesses, researchers, and non‑government organisations to develop innovative solutions for the improvement of public services.
Our commitment to open data is supported by our Open Data Strategy, which lists: ›› data collected by DJAG ›› timetables for its release, and ›› standards for data management.
It can be accessed via www.publications.qld.gov.au/ dataset/open-data-strategy-justice-and-attorney-general
We have published more than 130 datasets. Examples of datasets we provide to the public in support of the Open Data Strategy are: ›› bailiff service fees ›› top 100 baby names ›› complaints received by Office of Fair Trading ›› All Gambling Data Queensland.
Our revised Open Data Strategy will further support the sharing of datasets with the community.
To access further information and Government data please visit www.data.qld.gov.au
122 Department of Justice and Attorney-General | Annual Report | 2018–19 Complaints management
We value all constructive feedback, including complaints. Feedback is an effective source of information, and an important tool for business and staff development. We use client feedback to identify areas for organisational improvement, which assists us in continually developing and delivering the integrated services we provide to the community.
We comply with s.219A of the Public Service Act 2008, Our Client complaint management policy outlines how we requiring all Queensland Government departments to manage and respond to client complaints. We publish our implement an effective complaints management system Client Complaints Annual Report by 30 September each year. that complies with any Australian Standard concerning the handling of customer complaints. Our Client complaint management policy and annual report is available on our website at www.justice.qld.gov.au/ Our Client complaint management policy and procedures about-us/contact/compliments-complaints have been developed according to: ›› the Public Service Act 2008, Guidelines for complaint All DJAG staff are required to complete mandatory client management in organisations—AS/NZS 10002:2014, complaints training. and ›› the Queensland Ombudsman’s Guide to Developing Effective Complaints Management Policies and Procedures (2006).
Department of Justice and Attorney-General | Annual Report | 2018–19 123 INTEGRATED SERVICES
Queensland Audit Office Reports
Throughout 2018–19, the Queensland Audit Office (QAO) conducted a number of performance management system audits and cross‑sector audits, which included coverage of DJAG.
Recommendation 1: We recommend the Department of Report to Parliament 6 of 2018–19 Justice and Attorney‑General, in collaboration with the Department of Health, Queensland Police Service, the Delivering coronial services Department of the Premier and Cabinet, and the coroners: This report outlines the results of QAO’s assessment of ›› establish effective governance arrangements across whether agencies are effective in supporting the coroner the coronial system by: in investigating and helping to prevent deaths. The QAO examined whether agencies: • creating a governance board with adequate authority to be accountable for coordinating ›› provide adequate support to bereaved families the agencies responsible for delivering coronial ›› have efficient and effective processes and systems for services and monitoring and managing the delivering coronial services, and system’s performance. This board could be directly ›› plan effectively to deliver sustainable coronial services. accountable to a minister and could include the State Coroner and Chief Forensic Pathologist Recommendations applicable to specific agencies, • more clearly defining agency responsibilities including DJAG, were made as follows: across the coronial process and ensuring each agency is adequately funded and resourced to deliver its services • establishing terms of reference for the interdepartmental working group to drive interagency collaboration and projects, with consideration of its reporting and accountability. This should include its accountability to the State Coroner and/or a governance board if established. DJAG response: ›› DJAG supports the creation of a governance board, assisted by an appropriately resourced secretariat, and considers that it will be well placed to provide leadership, governance and accountability across key agencies. ›› DJAG supports the approach of more clearly defining agency responsibilities, and will work with partner agencies to consider system‑wide resourcing needs. Additional resourcing is a matter for government. ›› DJAG supports a review of the current interdepartmental working group membership and terms of reference to improve collaboration, reporting and accountability across agencies.
124 Department of Justice and Attorney-General | Annual Report | 2018–19 Recommendation 2: We recommend the Department of Recommendation 4: We recommend that the Department Justice and Attorney‑General (in collaboration with the of Justice and Attorney‑General, Department of Health, Department of Health, Queensland Police Service, the and the Queensland Police Service, in collaboration with Department of the Premier and Cabinet, and the coroners): coroners, improve processes and practices across the coronial system by: ›› evaluates the merits of establishing an independent › statutory body with its own funding and resources to › ensuring the Coroners Court of Queensland appoints deliver effective medical services for Queensland’s appropriately experienced, trained and supported case justice and coronial systems. managers to proactively manage entire investigations and be the central point of information for families. DJAG response: This should include formal agreement from all agencies of the central role and authority of these investigators ›› DJAG continues to support inter‑agency planning › processes that aim to improve the efficiency and › ensuring there is a coordinated, statewide approach to effectiveness of the coronial system. triaging all deaths reported to coroners to help advise the coroner on the need for autopsy ›› DJAG considers that, once established, a governance › body would be best placed to evaluate the › establishing processes to ensure families receive merits of an independent statutory body or other adequate and timely information throughout the coronial comparable models. process. This should include notifying families at key stages of the process and periodically for investigations Recommendation 3: We recommend that the Department that are delayed at a stage in the process of Justice and Attorney‑General, Department of Health, ›› ensuring sufficient counselling services are available and the Queensland Police Service, in collaboration with and coordinated across agencies to support families coroners improve the systems and legislation supporting and inquest witnesses. coronial service delivery by: ›› identifying opportunities to interface their systems to DJAG response: more efficiently share coronial information, including ›› DJAG is committed to continuous improvement police reports (form 1s), coroners orders and autopsy in case management processes and practices to reports enhance the support provided to coroners and ›› reviewing the Coroners Act 2003 to identify families. The governance board would be best placed opportunities for improvement and to avoid unnecessary to drive system‑wide agreement on the central role coronial investigations. This should include considering and authority of case managers, and consider the the legislative changes to provide pathologists and associated resourcing implications of these key roles. coronial nurses with the ability to undertake more ›› DJAG considers that the governance board would be detailed preliminary investigations (such as taking best placed to lead strategic cross‑agency planning to blood samples) as part of the triage process explore proposed enhancements to current triaging ›› reviewing the Burials Assistance Act 1965 and the processes. This would include consideration of the burials assistance scheme to identify opportunities scope and focus of the proposed enhancements, and for improvement and provide greater ability to recover the resources and supports required to implement such funds. This should include a cost benefit analysis to an initiative. determine the cost of administering the scheme against ›› DJAG has a strong commitment to supporting families improved debt recovery avenues. and witnesses in contact with the coronial system, and will review agency processes to ensure that DJAG response: families receive information at key stages through ›› DJAG will continue to explore opportunities to interface the investigation. systems across agencies to achieve efficiencies. ›› DJAG has a strong commitment to supporting families This will build upon work currently underway in the and witnesses in contact with the coronial system, and Coroners Court of Queensland (CCQ) as recommended is exploring opportunities across agencies to improve by an independent Business Analyst who completed a counselling supports. The governance board would be review in early 2018. well placed to determine the sufficiency and locality ›› DJAG is committed to improving systems and of counselling services and the associated resourcing frameworks to enhance coronial service delivery, implications of enhanced supports in this area. including exploring potential legislative amendments to the Coroners Act 2003 and Burials Assistance Act 1965.
Department of Justice and Attorney-General | Annual Report | 2018–19 125 INTEGRATED SERVICES
Recommendation 5: We recommend that the Department Recommendations 6 and 7: We recommend the Department of Justice and Attorney‑General, Department of Health, of Justice and Attorney‑General: and the Queensland Police Service, in collaboration with ›› Recommendation 6 coroners: implements a strategy and timeframe to address the ›› assess more thoroughly the implications of centralising growing backlog of outstanding coronial cases. In pathology services and determine which forensic developing and implementing this strategy it should pathology model would have the best outcomes for the collaborate with the Department of Health, Queensland system, coroners, and regions, and the families of the Police Service, and coroners deceased. ›› Recommendation 7 improves the performance monitoring and management DJAG response: of government undertakers. This should include taking ›› DJAG will continue to support planning processes that proactive action to address underperformance where aim to ensure the delivery of sustainable and timely necessary in accordance with the existing standing forensic pathology services across the State to all offer arrangements. Queenslanders. ›› DJAG considers that subject to its establishment, a DJAG response: governance board would be best placed to oversee this ›› DJAG has temporarily allocated additional funding body of work. and staff in 2018-19 to assist the CCQ to meet demand pressures. This additional funding has also enabled the CCQ to make some progress in addressing backlogs, within the context of other workforce priorities. As such, actual timeframes for completion may be influenced by agency resources. ›› Work undertaken by an independent Business Analyst commissioned by the CCQ in mid‑2018 is expected to improve the timeliness and accuracy of reporting on backlogs, to better understand where workload pressures may exist, and identify any underlying system issues. ›› Inter‑agency collaboration is also occurring across the key agencies and in consultation with coroners, to develop a longer term strategy to improve efficiencies and reduce backlogs. ›› DJAG will do a review of performance monitoring and management of government undertakers as part of its contracted management processes. Broadening the scope to proactive contract management will have resourcing implications that will require further consideration.
126 Department of Justice and Attorney-General | Annual Report | 2018–19 Queensland Coroner recommendations
Since 2008, DJAG has been reporting on the Queensland Government’s progress in responding to recommendations made at coronial inquests that are directed to Government.
Responding to coronial recommendations is important, The community is kept informed of the Government’s as it informs coroners, families of the deceased, and the progress in implementing recommendations, with community of the measures the Government is taking to twice‑yearly publication of implementation updates, until prevent similar deaths in the future. The Government’s recommendations are delivered (or a decision is made not responses are published on the Coroners Court website to support the recommendation). next to the Coroner’s findings. Further information can be found here www.courts.qld.gov.au/courts/coroners-court/findings
In 2018–19, three recommendations arising from three coronial inquests were directed to DJAG. The Government has responded to two of the recommendations and comments made at these coronial inquests, with one recommendation currently outstanding.
Future directions—our focus for 2019–20
›› Successful delivery of foundational enterprise ›› Business application modernisation will uplift the capabilities over the first two years of our ICT Strategy capabilities of our enterprise and divisional business implementation will position us well to expand the use applications to enable new levels of service delivery. of these capabilities across DJAG. ›› Our revised Open Data Strategy will further support the ›› Future data and information management sharing of datasets with the community. enhancements will enable secure access to and ›› The whole‑of‑government legal services panel is due to exchange of information in order to support a more expire on 31 March 2020. seamless customer experience, streamlined business processes, better decision making and reporting. ›› A digital‑first service delivery approach will provide the public and our sector partners with an optimised digital experience of our services.
Department of Justice and Attorney-General | Annual Report | 2018–19 127 FINANCIALS—APPENDICES
Financial Statements for the financial year ended 30 June 2019...... 129 2018–19 Annual Report performance...... 189 Government bodies (Statutory bodies and entities) and appointments...... 195 Legislation administered by DJAG...... 196 Funding for legal assistance services...... 200 Funding for legal profession regulation and law library services...... 203 Disbursement of funds—community benefit...... 204 Glossary of Acronyms ...... 206 Glossary of Terms ...... 207 Compliance checklist...... 210
128 Department of Justice and Attorney-General | Annual Report | 2018–19 Queensland Government Department of Justice and Attorney-General
Financial Statements
for the financial year ended
30 June 2019 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL FINANCIAL STATEMENTS
For the Year Ended 30 June 2019
TABLE OF CONTENTS Financial Statement of Comprehensive Income Page 1 Statements Statement of Comprehensive Income by Major Departmental Service Page 2 - 3 Statement of Financial Position Page4 Statement of Assets and Liabilities by Major Departmental Service Pages Statement of Changes in Equity Page6 Statement of Cash Flows (including Notes to the Statement of Cash Flows) Page 7 - 8 Notes to the A 1. Basis of Financial Statement Preparation Page9 Financial A 1-1 General Information Page 9 Statements A1-2 Compliance with Prescribed Requirements Page 9 Section 1 A 1-3 Presentation Page 9 About the Department and A 1-4 Authorisation of Financial Statements for Issue Page9 this Financial Report A 1-S Basis of Measurement Page 9 -10 A 1-6 The Reporting Entity Page 10 A2. Departmental Objectives Page 10 B1. Revenue Page 11 B1-1 Appropriation Revenue Page 11 B1-2 User Charges and Fees Page 11 B 1-3 Grants and Contributions Page 12 Section 2 Notes about our B2. Expenses Page 13 Financial Performance B2-1 Employee Expenses Page 13 - 14 B2-2 Supplies and Services Page 14 B2-3 Grants and Subsidies Page 1S B2-4 Depreciation and Amortisation Page 1S B2-S Other Expenses Page 1S C1. Cash and Cash Equivalents Page 16 C2. Receivables Page 16 C2-1 Impairment of Receivables Page 17 -18 C3. Other Assets Page 18 C4. Property , Plant and Equipment and Depreciation Expense Page 19 C4-1 Closing Balances and Reconciliation of Carrying Page 19- 20 Amount C4-2 Recognition and Acquisition Page 21 C4-3 Measurement using Historical Cost Page 22 C4-4 Measurement using Fair Value Page 22 C4-S Depreciation Expense Page 23 C4-6 Impairment Page 24 Section 3 Intangibles and Amortisation Expense Page 2S Notes about our cs. CS-1 Closing Balances and Reconciliation of Carrying Page 2S Financial Position Amount CS-2 Recognition and Measurement Page 26 CS-3 Amortisation Expense Page 26 CS-4 Impairment Page 26 CS-S Other Disclosures Page 26 C6. Payables Page 27 Cl. Accrued Employee Benefits Page 27 ca. Other Liabilities Page 27 C9. E uity Page 28 C9-1 Contributed Equity Page 28 C9-2 Appropriations Recognised in Equity Page 28 C9-3 Asset Revaluation Surplus by Asset Class Page 28 D1. Fair Value Measurement Page 29 D1-1 Accounting Policies and Inputs for Fair Values Page 29 D1-2 Basis for Fair Values of Assets and Liabilities Page 30 - 31 D2. Financial Risk Disclosures Page 32 Section 4 D2-1 Financial Instrument Categories Page 32 Notes about D2-2 Risks Arising from Financial Instruments Page 32 Risk and D2-3 Credit Risk Disclosures Page 33 Other Accounting D2-4 Liquidity Risk - Contractual Maturity of Financial Page 33 Uncertainties Liabilities D3. Contingencies Page 33 D4. Commitments Page 34 DS. Future Impact of Accounting Standards Not Yet Effective Page 34- 3S DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL FINANCIAL STATEMENTS
For the Year Ended 30 June 2019
TABLE OF CONTENTS (continued) Notes to the E1. Budgetary Reporting Disclosures Page 36 Financial E2 Budget to Actual Comparison - Statement of Comprehensive Page 36 Statements Income (Controlled Activities) (continued) E2-1 Explanation of Major Variances - Statement of Page 36 Comprehensive Income Section 5 Budget to Actual Comparison - Statement of Financial Position Notes on our Performance Page 37 E3 compared to Budget E3-1 Explanation of Major Variances - Statement of Page 37 Financial Position E4 Budget to Actual Comparison - Statement of Cash Flows Page 38 E4-1 Explanation of Major Variances - Statement of Cash Page 38 Flows F1. Administered Items Page 39 F1-1 Schedule of Administered Income and Expenditure Page 39 F1-2 Schedule of Administered Assets and Liabilities Page 40 F1-3 Reconciliation of Payments from Consolidated Fund to Page 41 Administered Income F1-4 User Charges and Fees Page 41 F1-5 Employee Expenses Page 41 F1-6 Grants and Subsidies Page 42 F1-7 Benefit Payments Page 42 Section 6 F1-8 Receivables Page 42 What we look after F1-9 Prepayments Page 43 on behalf of whole-of F1-10 Payables Page 43 Government and third parties F1-11 Accrued Employee Benefits Page 43 F1-12 Provisions Page 43 F1-13 Administered Activities - Budget to Actual Comparison Page 44-45 and Variance Analysis F2. Trust Transactions and Balances Page46 F2-1 Trust Activities Page46 F2-2 Prescribed Securities for Public Accountants Trust Page 47 Accounts F2-3 Agency Transactions Page47 G1. Key Management Personnel Disclosures Page 48- 50 G2. Related Party Transactions Page 51 Section 7 G3. First Year Application of New Accounting Standards or Change Page 51 - 52 Other Information in Accounting Policy G4. Taxation Page 52 Certification Management Certificate Page 53 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Statement of Comprehensive Income Year ended 30 June 2019
2018 OPERATING RESULT Notes $'000
Income from Continuing Operations Appropriation revenue 81-1 964,920 User charges and fees 81-2 99, 112 Grants and contributions 81-3 16,386 Other revenue 8,232
Total Revenue 1,088,650
Gains on remeasurement of assets C2-1
Total Income from Continuing Operations 1,088,650
Expenses from Continuing Operations Employee expenses 82-1 602,804 Supplies and services 82-2 333,313 Grants and subsidies 82-3 1,439 Depreciation and amortisation 82-4 143,958 Impairment losses C2-1 348 Other expenses 82-5 4,819
Total Expenses from Continuing Operations 1,086,681
Operating Result for the Year 1,969
OTHER COMPREHENSIVE INCOME
Items that will not be reclassified to Operating Result
Increase (decrease) in asset revaluation surplus C9-3 76,323
Total for Items that will not be reclassified to Operating Result 76,323
TOTAL OTHER COMPREHENSIVE INCOME 76,323
TOTAL COMPREHENSIVE INCOME 78,292
The accompanying notes form part of these statements. Department of Justice and Attorney-General - Statement of Comprehensive Income by Major Departmental Service for the year ended 30 June 2019
Legal and Prosecutions Liquor, Gaming and Fair Inter-Departmental Service Justice Services Total Services Trading Services Eliminations
Income from Continuing Operations Appropriation revenue User charges and fees Grants and contributions Other revenue Total Revenue
Gains on remeasurement of assets
Total Income from Continuing Operations
Expenses from Continuing Operations Employee expenses Supplies and services Grants and subsidies Depreciation and amortisation Impairment losses Other expenses
Total Expenses from Continuing Operations
Operating Result for the Year
Other Comprehensive Income Increase (decrease) in asset revaluation surplus
Total Comprehensive Income
2 Department of Justice and Attorney-General - Statement of Comprehensive Income by Major Departmental Service for the year ended 30 June 2019
Legal and Liquor, Gaming and Youth Justice Inter-Departmental Justice Services Prosecutions Corrective Services Total Fair Trading Services Services Service Eliminations Services
2018 2018 2018 2018 2018 2018 2018 $'000 $'000 $'000 $'000 $'000 $'000 $'000
Income from Continuing Operations Appropriation revenue 293,472 75,535 75,932 90,976 429,005 964,920 User charges and fees 61,088 33,021 5,636 639 8,169 (9,;~4 I) 99,112 Grants and contributions 5,689 4,852 1,852 728 3,265 16,386 Other revenue 1, 182 419 48 5 6,578 8,232 Total Revenue 361,431 113,827 83,468 92,348 447,017 (9,4141) 1,088,650
Gains on disposal 1 !",•)
Total Income from Continuing Operations 361,432 113,827 83,468 92,348 447,016 {944'1) 1,088,650
Expenses from Continuing Operations Employee expenses 176,355 82,552 54,599 61,341 228,099 (142) 602,804 Supplies and services 115,801 28,652 25,064 24,038 149,057 (9,299) 333,313 Grants and subsidies 915 18 27 299 180 1,439 Depreciation and amortisation 65,888 1,396 2,345 6,235 68,094 143,958 Impairment losses 10 330 8 348 Other expenses 1,745 631 430 435 1,578 4,819
Total Expenses from Continuing Operations 360,714 113,579 82,465 92,348 447,016 (9,441) 1,086,681
Operating Result for the Year 718 248 1,003 1,969
Other Comprehensive Income Increase (decrease) in asset revaluation surplus 29,403 (9) (1:1,808) 60,737 76,323
Total Comprehensive Income 30,121___ 248 994 (13,808) 60,737 78,292
3 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Statement of Financial Position as at 30 June 2019
2019 2018 Notes $'P.OO $'000
Current Assets Cash and cash equivalents C1 40,173 Receivables C2 36,066 Inventories 323 Other current assets C3 4,130
Total Current Assets 80,692
Non Current Assets Property, plant and equipment C4 1:200:019 1, 1 a7,21 a Intangible assets cs .15;078 17,044 Other non current assets C3 . '7,948, . 436
Total Non Current Assets 1,204,698
Total Assets 1,285,390
Current Liabilities Payables C6 32,876 Accrued employee benefits C7 14,447 Other current liabilities ca 1, 153
Total Current Liabilities 48,476
Non Current Liabilities Payables C6 Accrued employee benefits C7 11 a Other non current liabilities ca 602
Total Non Current Liabilities 720
Total Liabilities 49,196
Net Assets 1,236,194
Equity Accumulated surplus 71a,557 Asset revaluation surplus C9-3 517,637
Total Equity 1,236,194
The accompanying notes form part of these statements.
4 Department of Justice and Attorney-General - Statement of Assets and Liabilities by Major Departmental Service as at 30 June 2019
Liquor, Gaming and Fair Trading Justice Services Legal and Prosecutions Services Total Services
2018 $'000
Current Assets Cash and cash equivalents 40,173 Receivables 36,066 Inventories 323 Other current assets 4,130
Total Current Assets 80,692
Non Current Assets Property, plant and equipment 1,187,218 Intangible assets 17,044 Other non current assets 436
Total Non Current Assets 1,204,698
Total Assets 1,285,390
Current Liabilities Payables 32,876 Accrued employee benefits 14,447 Other current liabilities 1,153
Total Current Liabilities 48,476
Non Current Liabilities Payables Accrued employee benefits 118 Other non current liabilities 602
Total Non Current Liabilities 720
Total Liabilities 49, 196
5 Department of Justice and Attorney-General - Statement of Changes in Equity for the iear ended 30 June 2019
Asset Contributed Accumulated Revaluation TOTAL Equity Surplus Surplus $'000 $'000 $'000 $'000
Balance as at 1July2017 2,703,245 308,942 1,098,310 4, 110,497
Operating Result Operating result for the year 1,969 1,969
Other Comprehensive Income - lncrease/(Decrease) in asset revaluation surplus 76,323 76,323
Total Comprehensive Income for the Year 1,969 76,323 78,292
Transactions with Owners as Owners: - Appropriated equity injections (Note C9-2) 72,424 72,424
- Equity withdrawals (Note C9-2) (133,717) (133,717) - Equity classification adjustment (Note C9-3) 656,996 (656,996) - Involuntary asset transfer (2,641,952) (249,349) (2,891,301)
Net Transactions with Owners as Owners (2,703,245) 407,647 (656,996) (2,952,594)
Balance as at 30 June 2018 718,557 517,637 1,236,194
Operating Result
Operating result for the year 5,612 5,612
Other Comprehensive Income
- lncrease/(Decrease) in asset revaluation surplus 40,119 40,119
Total Comprehensive Income for the Year 5,612 40, 119 45,731
Transactions with Owners as Owners:
- Appropriated equity injections (Note C9-2) 39,609 39,609
- Equity withdrawals (Note C9-2) (65,560) (65,560)
- Equity withdrawals non-appropriated (3,531) (3,531)
- Equity classification adjustment (Note C9-3) 29,838 (2,587) (27,251) - Involuntary asset transfer (356) (356)
Net Transactions with Owners as Owners (2,587) (27,251) (29,838)
Balance as at 30 June 2019 721,582 530,505 1,252,087
The accompanying notes form part of these statements.
6 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Statement of Cash Flows for the year ended 30 June 2019
2018 Notes $'000 CASH FLOWS FROM OPERATING ACTIVITIES
Inflows: Service appropriation receipts 964,920 User charges and fees 79,444 Grants and other contributions 8,993 GST input tax credits from ATO 50,215 GST collected from customers 6,138 Interest receipts 140 Other 7,769
Outflows: Employee expenses (603,607) Supplies and services (339, 183) Grants and subsidies (1,439) Insurance premiums (2,867) GST paid to suppliers (43,293) GST remitted to ATO (6, 198) Other (897) Net cash provided by operating activities CF-1 120,135
CASH FLOWS FROM INVESTING ACTIVITIES CF-2 Inflows: Sales of property, plant and equipment 171
Outflows: Payments for property, plant and equipment (79,618) Payments for intangibles (2,506) Net cash used in investing activities (81,953)
CASH FLOWS FROM FINANCING ACTIVITIES CF-2 Inflows: Equity injections 72,424
Outflows: Equity withdrawals (133,717) Net cash used in financing activities (61,293)
Net increase (decrease) in cash and cash equivalents (23, 111) Increase (decrease) in cash and cash equivalents from restructuring (26,631) Cash and cash equivalents - opening balance 89,915 Cash and cash equivalents - closing balance C1 40,173
The accompanying notes form part of these statements.
7 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Statement of Cash Flows for the year ended 30 June 2019
NOTES TO THE STATEMENT OF CASH FLOWS
CF-1 Reconciliation of Operating Result to Net Cash Provided by Operating Activities 2019 2018 $'000 $'000
Operating result 5,612 1,969
Non-Cash items included in operating result: Depreciation and amortisation expense 70,885 143,958 Donated assets received (1,005) Loss on sale of property, plant and equipment 135 189
Change in assets and liabilities: (lncrease)/decrease in trade receivables 16, 134 (11,807) (lncrease)/decrease in GST input tax credits receivable (586) 6,862 (lncrease)/decrease in long service leave reimbursement receivables (368) 1,790 (lncrease)/decrease in annual leave reimbursement receivables (629) 7,837 (lncrease)/decrease in equity injection receivable (3,506) (lncrease)/decrease in other receivables 171 5,097 (lncrease)/decrease in inventories 10 4,289 (lncrease)/decrease in other current assets (1,823) 2,099 (lncrease)/decrease in other non current assets (6,612) 596 lncrease/(decrease) in accounts payable 6,830 (42,606) Crown Law dividend liability adjustment (3,531) Increase/( decrease) in non current accounts payable 778 Increase/( decrease) in accrued employee benefits 492 (19,562) Assets and Liabilities of an operating nature (assumed)/relinquished as a result of machinery-of-Government changes 22,048 lncrease/(decrease) in unearned revenue (158) (683) lncrease/(decrease) in lease incentive liability 8,658 (936) Net Cash Provided by Operating Activities 92,492 120,135
CF-2 Non-Cash Investing and Financing Activities
Assets and liabilities received or donated/transferred by the department are recognised as revenues (refer Note B1-3) or expenses (refer Note 82-3) as applicable.
8 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
SECTION 1 ABOUT THE DEPARTMENT AND THIS FINANCIAL REPORT
A1 BASIS OF FINANCIAL STATEMENT PREPARATION
A1-1 GENERAL INFORMATION
The Department of Justice and Attorney-General ('the department') is a Queensland Government department established under the Public Service Act 2008 and controlled by the State of Queensland, which is the ultimate parent. The head office and principal place of business of the department is 50 Ann Street, Brisbane Qld 4000.
A1-2 COMPLIANCE WITH PRESCRIBED REQUIREMENTS
The Department of Justice and Attorney-General has prepared these financial statements in compliance with section 42 of the Financial and Performance Management Standard 2009. The financial statements comply with Queensland Treasury's Minimum Reporting Requirements for reporting periods beginning on or after 1 July 2018.
The Department of Justice and Attorney-General is a not-for-profit entity and these general purpose financial statements are prepared on an accrual basis (except for the Statement of Cash Flows which is prepared on a cash basis) in accordance with Australian Accounting Standards and Interpretations applicable to not-for-profit entities.
New accounting standards early adopted and/or applied for the first time in these financial statements are outlined in Note G3.
A1-3 PRESENTATION
Currency and Rounding
Amounts included in the financial statements are in Australian dollars and rounded to the nearest $1,000 or, where that amount is $500 or less, to zero, unless disclosure of the full amount is specifically required.
Comparatives
Comparative information reflects the audited 2017-18 financial statements.
Due to machinery-of Government changes, the 2018 comparatives include balances of functions transferred from the department on 1 January 2018 and related transactions for the period 1 July 2017 to 31 December 2017, for: • Youth Justice transferred to the Department of Child Safety, Youth and Women with net assets of $323.858 million; and • Corrective Services transferred to a stand alone department titled Queensland Corrective Services with net assets of $2,567.443 million.
Current/Non-Current Classification
Assets and liabilities are classified as either 'current' or 'non-current' in the Statement of Financial Position and associated notes.
Assets are classified as 'current' where their carrying amount is 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 department does not have an unconditional right to defer settlement to beyond 12 months after the reporting date.
All other assets and liabilities are classified as non-current.
A1-4 AUTHORISATION OF FINANCIAL STATEMENTS FOR ISSUE
The financial statements are authorised for issue by the Director-General and the Executive Director, Financial Services at the date of signing the Management Certificate.
A1-5 BASIS OF MEASUREMENT
Historical cost is used as the measurement basis in this financial report except for the following:
• Land, buildings and heritage and cultural assets which are measured at fair value; • Provisions expected to be settled 12 or more months after reporting date which are measured at their present value; and • Inventories which are measured at the lower of cost and net realisable value.
9 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
A1 BASIS OF FINANCIAL STATEMENT PREPARATION (continued)
A1-5 BASIS OF MEASUREMENT (continued)
Historical cost
Under historical cost, assets are recorded at the amount of cash or cash equivalents paid or the fair value of the consideration given to acquire assets at the time of their acquisition. Liabilities are recorded at the amount of proceeds received in exchange for the obligation or at the amounts of cash or cash equivalents expected to be paid to satisfy the liability in the normal course of business.
Fair Value
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 under current market conditions (i.e. an exit price) regardless of whether that price is directly derived from observable inputs or estimated using another valuation technique. Fair value is determined using one of the following three approaches:
• The market approach uses prices and other relevant information generated by market transactions involving identical or comparable assets, liabilities or a group of assets and liabilities, such as a business.
• The cost approach reflects the amount that would be required currently to replace the service capacity of an asset. This method includes the current replacement cost methodology.
• The income approach converts multiple future cash flow amounts to a single current (i.e. discounted) amount. When the income approach is used, the fair value measurement reflects current market expectations about those future amounts.
Where fair value is used, the fair value approach is disclosed.
Present Value
Present value represents the present discounted value of the future net cash inflows that the item is expected to generate (in respect of assets) or the present discounted value of the future net cash outflows expected to settle (in respect of liabilities) in the normal course of business.
Net Realisable Value
Net realisable value represents the amount of cash or cash equivalents that could currently be obtained by selling an asset in an orderly disposal.
A1-6 THE REPORTING ENTITY
The financial statements include all income, expenses, assets, liabilities and equity of the department. The department has no controlled entities.
A2 DEPARTMENTAL OBJECTIVES
The objective of the Department of Justice and Attorney-General is to provide justice-related services to the community, which are supported and enabled by our justice capability to achieve our vision: Justice for all through safe, fair and responsible communities.
The identity and purpose of the major departmental services undertaken by the department during the year are as follows: • Justice Services contributes to a fair, safe and responsible Queensland, to provide the community with fair, timely and accessible justice services through courts and tribunals, coronial, civil and criminal mediation services. By protecting the rights and interests of vulnerable adults and children through court services and appropriate community protection and oversight, it upholds the rights of Queenslanders and ensures they are treated fairly and justly. Births, deaths and marriages registration services protect access to individual legal and social rights through validated identity documents. • Legal and Prosecutions provides independent legal services for the department, public sector agencies and the state. This service area enables a resolution of serious criminal cases that bring the guilty to justice and safeguard the innocent from wrongful conviction; ensures the state is legally protected; builds safe communities and provides oversight of child protection .
• Liquor, Gaming and Fair Trading provides regulatory and consumer protection services across the liquor, gaming and general services sectors. It encourages marketplace and industry integrity, fosters business and consumer confidence, implements initiatives that reduce the risk of harm from liquor and gambling and supports business, the community, and not-for-profit organisations by streamlining and modernising regulatory processes to make it easier to do business.
10 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
SECTION 2 NOTES ABOUT OUR FINANCIAL PERFORMANCE
81 REVENUE
81-1 APPROPRIATION REVENUE 2019 2018 $'000 $'000 Reconciliation of Payments from Consolidated Fund to Appropriated Revenue Recognised in Operating Result
Budgeted appropriation revenue 500,663 1,565,592 Transfers from/to other departments (Redistribution of public business) (563,810) Lapsed appropriation revenue (11,327) (36,862) Total Appropriation Receipts (cash) 489,336 964,920 Plus: Opening balance of deferred appropriation payable to Consolidated Fund 1,885 2,533 Less: Closing balance of deferred appropriation payable to Consolidated Fund 6,389 1,885 Net Appropriation Revenue 484,832 965,568 Plus: Deferred appropriation payable to Consolidated Fund (expense) 4,504 (648) Appropriation Revenue recognised in Statement of Comprehensive Income 489,336 964,920
Accounting Policy - Appropriation Revenue
Appropriations provided under the Appropriation Act 2018 are recognised as revenue when received. Amounts appropriated to the department for transfer to other entities in accordance with legislative or other requirements are reported as 'administered' item appropriations - refer to Note F1-1.
81-2 USER CHARGES AND FEES
Court and regulatory fees 51,058 51,174 Crown Law professional services 33,805 28,149 Sale of services 3,884 12,351 Civil marriages and certificates 2,547 2,479 Criminal history checks 2,527 1,909 Other 2,612 3,050 Total 96,433 99,112
Accounting Policy - Sale of Goods and Services User charges and fees are recognised as revenues when the revenue has been earned and can be measured reliably with a sufficient degree of certainty. This occurs upon delivery of the goods to the customer or completion of the requested services at which time the invoice is raised. Accrued revenue is recognised if the revenue has been earned but not yet invoiced.
Fees and fines collected, but not controlled, by the department are reported as administered revenue - refer to Note F1-1.
11 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
81 REVENUE (continued)
81-3 GRANTS AND CONTRIBUTIONS 2019 2018 $'000 $'000
Grants* 5,881 7,686 Goods and services received below fair value ** 4,437 7,022 Industry contributions 555 673 Donations-assets 1,005 Total 10,873 16,386
Accounting Policy - Grants, Contributions and Donations
Grants, contributions and donations are non-reciprocal in nature so do not require any goods or services to be provided in return. Corresponding revenue is recognised in the year in which the department obtains control over the grant/contribution/donation (control is generally obtained at the time of receipt).
Contributed physical assets are recognised at their fair value.
Accounting Policy - Services received below fair value
Contributions of services are recognised only if the services would have been purchased if they had not been donated and their fair value can be measured reliably. Where this is the case, an equal amount is recognised as revenue and an expense.
Disclosure about Grant Funding Received
*Grants include $3.543 million (2018: $3.660 million) received from the Legal Assistance Service Program for the Legal Services Commission and associated disciplinary functions, $1.172 million (2018: $1.152 million) received from the Public Trustee of Queensland in accordance with section 63A of the Public Trustee Act 1978 for the operations of the Office of the Public Guardian and $Nil (2018: $1.659 million) received from state agencies to fund various Queensland Corrective Service grant initiatives.
Disclosure - Services received below fair value
** Received from Goods/Services Department of Housing and Public Works Archival services 4,437 4,496 Queensland Health Laboratory services 1,323 Queensland Police Service Labour costs 917 Electoral Commission of Queensland Labour costs 24 Department of the Premier and Cabinet Labour costs 262 4,437 7,022
12 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
82 EXPENSES
82-1 EMPLOYEE EXPENSES 2019 2018 $'000 $'000 Employee Benefits Wages and salaries 261,916 465,534 Annual leave levy/expense 30,601 52,399 Employer superannuation contributions 35,440 57,747 Long service leave levy/expense 5,389 9,942 Termination benefits 617 1,098 Other employee benefits 1,473 2,274
Employee Related Expenses Workers' compensation premium 1,240 8,554 Other employee related expenses 2,386 5,256 Total 339,062 602,804
2019 2018 Full-Time Equivalent Employees 3,392 3,306
Accounting Policy - Wages and Salaries
Wages and salaries due but unpaid at reporting date are recognised in the Statement of Financial Position at the current salary rates. As the department expects such liabilities to be wholly settled within 12 months of reporting date, the liabilities are recognised at undiscounted amounts.
Accounting Policy - Sick Leave
Prior history indicates that on average, sick leave taken each reporting period is Jess than the entitlement accrued. This is expected to continue in future periods. Accordingly, it is unlikely that existing accumulated entitlements will be used by employees and no liability for unused sick leave entitlements is recognised. As sick leave is non-vesting, an expense is recognised for this leave as it is taken.
Accounting Policy - Annual Leave
The Queensland Government's Annual Leave Central Scheme (ALCS) became operational on 30 June 2008 for departments, commercialised business units and shared service providers. Under this scheme, a levy is made on the department to cover the cost of employees' annual leave (including leave loading and on-costs). The levies are expensed in the period in which they are payable. Amounts paid to employees for annual leave are claimed from the scheme quarterly in arrears.
Accounting Policy - Long Service Leave
Under the Queensland Government's Long Service Leave Scheme, a levy is made on the department to cover the cost of employees' Jong service leave. The levies are expensed in the period in which they are payable. Amounts paid to employees for long service leave are claimed from the scheme quarterly in arrears.
Accounting Policy - Superannuation
Post-employment benefits for superannuation are provided through defined contribution (accumulation) plans or the Queensland Government's QSuper defined benefit plan as determined by the employee's conditions of employment.
Defined Contribution Plans - Contributions are made to eligible complying superannuation funds based on the rates specified in the relevant EBA or other conditions of employment. Contributions are expensed when they are paid or become payable following completion of the employee's service each pay period.
Defined Benefit Plan - The liability for defined benefits is held on a whole-of-government basis and reported in those financial statements pursuant to AASB 1049 Whole of Government and General Government Sector Financial Reporting. The amount of contributions for defined benefit plan obligations is based upon the rates determined on the advice of the State Actuary. Contributions are paid by the department at the specified rate following completion of the employee's service each pay period. The department's obligations are limited to those contributions paid.
13 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
82 EXPENSES (continued)
82-1 EMPLOYEE EXPENSES (continued)
Accounting Policy - Workers' Compensation Premiums
The department pays premiums to WorkCover Queensland in respect of its obligations for employee compensation. Workers' compensation insurance is a consequence of employing employees, but is not counted in an employee's total remuneration package. It is not employee benefits and is recognised separately as employee related expenses.
Key management personnel and remuneration disclosures are detailed in Note G1.
82-2 SUPPLIES AND SERVICES 2019 2018 $'000 $'000
Property utilities and maintenance 30,010 71,671 Outsourced works 25,371 73,582 Operating lease rentals 25,440 31,377 Payment for shared services and other service contributions 10,321 16,489 Computing expenses 16, 101 20,731 Consultants and contractors 13,329 14,715 Travel 7,421 10,842 Offender expenses 25,468 Cost of goods and services provided to prisoners 5,632 Printing, postage and stationery 5,290 6,811 Telephone 3,966 6,217 Witness and juror fees 6,122 6,334 Police checks 5,989 6,974 Document archiving and destruction costs 5,377 5,523 Plant and equipment maintenance 2,991 5,120 Conveyance I burial of deceased persons 3,230 3,331 Other* 14,318 22,497 Total 175,276 333,313
*Supplies and services - other includes expenditure for engagement of external professionals by Crown Law, subscriptions, legal costs and purchases of portable and attractive items.
Accounting Policy - Distinction between Grants and Procurement
For a transaction to be classified as supplies and services, the value of goods or services received by the department must be of approximately equal value to the value of the consideration exchanged for those goods or services. Where this is not the substance of the arrangement, the transaction is classified as a grant in Note 82-3.
Accounting Policy - Operating Lease Rentals
Operating lease payments are representative of the pattern of benefits derived from the leased assets and are expensed in the periods in which they are incurred. Incentives received on entering into operating leases are recognised as liabilities. Lease payments are allocated between rental expense and reduction of the liability.
Disclosure - Operating Leases
Operating leases are entered into as a means of acquiring access to office accommodation and storage facilities. Lease terms extend over a period of 5 to 10 years. The department has no option to purchase the leased item at the conclusion of the lease although the lease provides for a right of renewal at which time the lease terms are renegotiated.
Operating lease rental expenses comprises the minimum lease payments payable under operating lease contracts. Lease payments are generally fixed, but with inflation escalation clauses on which contingent rentals are determined.
14 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
82 EXPENSES (continued)
82-3 GRANTS AND SUBSIDIES 2019 2018 $'000 $'000
Women's Legal Service Queensland 112 112 Supreme Court Library Queensland 290 290 Social Benefit Bond 274 Court Network Project 150 Environmental Defenders Office Queensland 133 133 National Coroners' Information System 107 107 National Judicial College of Australia 72 70 Australian Institute of Criminology 44 44 Australasian Institute of Judicial Administration 43 43 Australian and New Zealand School of Government 28 37 Australian Pro Bono Centre 20 20 LawRight Indigenous Legal Health Check Project 58 Child Protection Litigation Process Review Project 50 Other 137 159 Total 1,094 1,439
82-4 DEPRECIATION AND AMORTISATION
Depreciation (Note C4-1 & C4-5) 68,010 138,326 Amortisation (Note C5-1 & C5-3) 2,875 5,632 Total 70,885 143,958
82-5 OTHER EXPENSES
Insurance premium - Queensland Government Insurance Fund 667 2,864 Goods and services provided below fair value 1,842 Deferred appropriation payable to Consolidated Fund * 4,504 (648) External audit fees ** 310 330 Losses: Public moneys 2 Public property 135 189 Special payments: *** Ex-gratia payments 106 46 Capital work in progress written-off 4 Other 7 190 Total 5,729 4,819
Deferred appropriation payable to Consolidated Fund *The deferred appropriation payable to Consolidated Fund represents the difference between deferred appropriation recognised from one financial year to the next.
Audit Fees
**Total audit fees paid to the Queensland Audit Office relating to the 2018-19 financial statements are quoted to be $315,000 (2018: $325,000). There are no non-audit services included in this amount.
Special Payments
***Special payments represent ex gratia expenditure and other expenditure that the department is not contractually or legally obligated to make to other parties. Special payments during 2018-19 include the following payments over $5,000 to:
• beneficiaries of the Court Suitors Trust account due to a Registry error. • a private individual for personal injury sustained while on jury duty. • a private individual for court awarded costs.
15 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
SECTION 3 NOTES ABOUT OUR FINANCIAL POSITION
C1 CASH AND CASH EQUIVALENTS 2019 2018 $'000 $'000
Imprest accounts 43 46 Cash at bank 64,580 40,127 Total 64,623 40,173
Accounting Policy - Cash and Cash Equivalents
For the purposes of the Statement of Financial Position and the Statement of Cash Flows, cash assets include all cash and cheques receipted but not banked at 30 June.
Departmental bank accounts grouped within the whole-of-Government set-off arrangement with the Queensland Treasury Corporation do not earn interest on surplus funds, except for Crown Law, which operates its own bank account and is still part of the Cash Management Incentives Regime which had a balance as at 30 June 2019 of $16.0 million (2018: $11.2 million). Interest earned on cash deposited with the Queensland Treasury Corporation earned between 0.21 % and 1.08% in 2019 (2018: 0.705% to 1.10%).
C2 RECEIVABLES
Trade debtors 12, 101 28,546 Less: Allowance for impairment loss (115) (426) 11,986 28,120
GST receivable 2,834 2,248 2,834 2,248
Long service leave reimbursements 1,433 1,065 Annual leave reimbursements 5,078 4,449 Equity injection receivable 3,506 Other 13 184 Total 24,850 36,066
Accounting Policy - Receivables
Receivables are measured at amortised cost which approximates their fair value at reporting date.
Trade debtors are recognised at the amounts due at the time of sale or service delivery i.e. the agreed purchase/contract price. Settlement of these amounts is required within 30 days from invoice date.
Other debtors generally arise from transactions outside the usual operating activities of the department and are recognised at their assessed values. Terms are a maximum of three months, no interest is charged and no security is obtained.
16 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
C2 RECEIVABLES (continued)
C2-1 IMPAIRMENT OF RECEIVABLES
Accounting Policy - Impairment of Receivables
The loss allowance for trade and other debtors reflects lifetime expected credit losses and incorporates reasonable and supportable forward-looking information, including forecast economic changes expected to impact the department's debtors, along with relevant industry and statistical data where applicable.
Where the department has no reasonable expectation of recovering an amount owed by a debtor, the debt is written-off by directly reducing the receivable against the loss allowance. This occurs when the debt is past due and the department has ceased enforcement activity. If the amount of debt written off exceeds the loss allowance, the excess is recognised as an impairment loss.
Disclosure - Credit risk exposure of receivables
The maximum exposure to credit risk at balance date for receivables is the gross carrying amount of those assets. No collateral is held as security and there are no other credit enhancements relating to the department's receivables.
The department uses a provision matrix to measure the expected credit losses on trade and other debtors. Loss rates are calculated separately for groupings of customers with similar loss patterns. In monitoring customer credit risk, customers are grouped according to their credit characteristics, including whether they are secured or unsecured and whether they are in a payment plan.
The calculations reflect historical observed default rates calculated using credit losses experienced on past sales transactions during the last 5 years preceding 30 June 2019 for each group. The historical default rates are then adjusted by reasonable and supportable forward-looking information for expected changes in macroeconomic indicators that affect the future recovery of those receivables. For the Department of Justice and Attorney-General, a change in the unemployment rate is determined to be the most relevant forward looking indicator for all groups of receivables. Actual credit losses over the 5 years preceding 30 June 2019 have been correlated against changes in the unemployment rate and based on those results, the historical default rates are adjusted based on expected changes to that indicator.
Set out below is the credit risk exposure on the department's trade and other debtors broken down by customer groupings and by aging band. The comparative disclosure for 2018 is made under AASB 139 impairment rules, where receivables are assessed individually for impairment.
Impairment Group - Receivables from General Debtors 2019 2018
Gross Loss Expected Gross Impairment Carrying receivables rate credit losses receivables allowance amount
$'000 % $'000 $'000 $'000 $'000 Aging Current 241 0.06% 191 191 1 to 30 days overdue 122 0.16% 148 148 31 to 60 days overdue 0.54% 5 5 61 to 90 days overdue 1.30% 23 23 > 90 days overdue 16 2.45% 4 4 Total 380 371 4 367
Impairment Group - Receivables from Employee Debtors 2019 2018
Gross Loss Expected Gross Impairment Carrying receivables rate credit losses receivables allowance amount
$'000 % $'000 $'000 $'000 $'000 Aging Current 4 35.2% 2 1 to 30 days overdue 39.1% 31 to 60 days overdue 47.0% 5 5 61 to 90 days overdue 51.3% > 90 days overdue 25 51.7% 13 25 16 9 Total 29 15 30 16 14
17 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
C2 RECEIVABLES (continued)
C2-1 IMPAIRMENT OF RECEIVABLES (continued)
Impairment Group - Legal Services Commission court cost receivables
2019 2018
Gross Loss Expected Gross Impairment Carrying receivables rate credit losses receivables allowance amount
$'000 % $'000 $'000 $'000 $'000 Aging Current 69 35.6% 25 150 150 1 to 30 days overdue 47 43.3% 21 63 63 31 to 60 days overdue 46.7% 61 to 90 days overdue 2 46.9% > 90 days overdue 95 53.4% 51 240 169 71 Total 213 98 453 232 221
Impairment Group - Receivables from Government Debtors
2019 2018
Gross Loss Expected Gross Impairment Carrying receivables rate credit losses receivables allowance amount
$'000 % $'000 $'000 $'000 $'000 Aging Current 10,433 0.0% 25,658 25,658 1 to 30 days overdue 372 0.0% 883 883 31 to 60 days overdue 445 0.0% 663 663 61 to 90 days overdue 156 0.0% 137 137 > 90 days overdue 73 0.0% 351 174 177 Total 11,479 27,692 174 27,518
Disclosure - Movement in loss allowance for trade and other debtors
2019 2018 $'000 $'000
Loss allowance as at 1 July 426 977 Increase/decrease in allowance recognised in the operating result (43) 348 Amounts provided for in machinery-of-Government during the year (860) Amounts written-off during the year in respect of bad debts* (268) (39) Loss allowance as at 30 June 115 426
*All known bad debts were written-off as at 30 June.
C3 OTHER ASSETS
Current Prepayments 3,801 4,039 Lease incentive asset 2,152 91 Total 5,953 4,130
Non-Current Lease incentive asset 7,048 436 Total 7,048 436
18 Department of Justice and Attorney-General Notes to the Financial Statements for the year ended 30 June 2019
C4 PROPERTY, PLANT AND EQUIPMENT AND DEPRECIATION EXPENSE
C4-1 CLOSING BALANCES AND RECONCILIATION OF CARRYING AMOUNT
30 June 2019 Heritage and Plant and Land Buildings Work In Progress (WIP) Total Cultural Assets Equipment
Gross
Less: Accumulated depreciation
Carrying amount at 30 June 2019
Represented by movements in carrying amount:
Carrying amount at 1 July 2018
Acquisitions
Disposals
Transfers between classes and intangible assets
Involuntary asset transfer
Revaluation increments
Revaluation decrements
Depreciation expense
Carrying amount at 30 June 2019
19 Department of Justice and Attorney-General Notes to the Financial Statements for the year ended 30 June 2019
C4 PROPERTY, PLANT AND EQUIPMENT AND DEPRECIATION EXPENSE (continued)
C4-1 CLOSING BALANCES AND RECONCILIATION OF CARRYING AMOUNT (continued)
30 June 2018 Heritage and Plant and Land Buildings Work In Progress (WIP) Total Cultural Assets Equipment
2018 2018 2018 2018 2018 2018 $'000 $'000 $'000 $'000 $'000 $'000
Gross 165,977 1,471,682 63,103 88,858 3,912 1,793,532
Less: Accumulated depreciation (501,145) (42,0fi2) (63,107) 1606,314)
Carrying amount at 30 June 2018 165,977 970,537 21,041 25,751 3,912 1,187,218
Represented by movements in carrying amount:
Carrying amount at 1 July 2017 468,718 3,416,744 22,191 61,964 84,501 4,054,118
Acquisitions 1,579 77,804 79,383
Goods received below fair value 1,005 1,005
Disposals (140) (28) (168)
Transfers between classes and intangible assets 16,334 81 11,694 (28,114) (5)
Involuntary asset transfer (~J'l 1,049) (2,403,GlO) (40,150) (1:30,279) (2,885, 164)
Revaluation increments 13,004 81,666 584 95,254
Revaluation decrements (4,69Cl) (14,236) (18,932)
Assets not previously recognised 43 43
Depreciation expense (126,'161) (1,81b) (10,350) (13B,32ll)
Carrying amount at 30 June 2018 165,977 970,537 21,041 25,751 3,912 1,187,218
20 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
C4 PROPERTY, PLANT AND EQUIPMENT AND DEPRECIATION EXPENSE (continued)
C4-2 RECOGNITION AND ACQUISITION
Accounting Policy - Recognition
Basis of Capitalisation and Recognition Thresholds
Items of property, plant and equipment with a historical cost or other value equal to or exceeding the following thresholds in the year of acquisition are reported as Property, Plant and Equipment in the following classes:
Buildings (including heritage buildings and land improvements) $10,000 Land $1 Plant and Equipment $5,000 Other (including artwork) $5,000
Items with a lesser value are expensed in the year of acquisition.
Expenditure on property, plant and equipment is capitalised where it is probable that the expenditure will produce future service potential for the department. Subsequent expenditure is only added to an asset's carrying amount if it increases the service potential or useful life of that asset. Maintenance expenditure that merely restores original service potential (lost through ordinary wear and tear) is expensed.
Componentisation of Complex Assets
The department's complex assets are its special purpose courthouses.
Complex assets comprise separately identifiable components (or groups of components) of significant value, that require replacement at regular intervals and at different times to other components comprising the complex asset. Components are separately recorded and valued on the same basis as the asset class to which they relate. The accounting policy for depreciation of complex assets, and estimated useful lives of components, are disclosed in Note C4-5.
On initial recognition, the asset recognition thresholds outlined above apply to the complex asset as a single item. Where the complex asset qualifies for recognition, components are then separately recorded in line with the Department's complex asset component structures. The complex assets are componentised to ensure a more accurate recognition of depreciation expense.
When a separately identifiable component (or group of components) of significant value is replaced, the existing component(s) is derecognised. The replacement component(s) are capitalised when it is probable that future economic benefits from the significant component will flow to the department in conjunction with the other components comprising the complex asset and the cost exceeds the asset recognition thresholds specified above. Replacement components that do not meet the asset recognition thresholds for capitalisation are expensed.
Accounting Policy - Cost of Acquisition
Historical cost is used for the initial recording of all property, plant and equipment acquisitions. Historical cost is determined as the value given as consideration and costs incidental to the acquisition (such as architects' fees and engineering design fees), plus all other costs incurred in getting the assets ready for use.
Where assets are received free of charge from another Queensland Government entity (whether as a result of a machinery-of Government change or other involuntary transfer), the acquisition cost is recognised as the carrying amount in the books of the other entity immediately prior to the transfer.
Assets acquired at no cost or for nominal consideration, other than from another Queensland Government entity, are recognised at their fair value at date of acquisition.
Where an asset is acquired by means of a finance lease, the asset is recognised at the lower of the fair value of the leased property and the present value of the minimum lease payments. The lease liability is recognised at the same amount.
21 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
C4 PROPERTY, PLANT AND EQUIPMENT AND DEPRECIATION EXPENSE (continued)
C4-3 MEASUREMENT USING HISTORICAL COST
Accounting Policy
Plant and equipment is measured at historical cost in accordance with Queensland Treasury's Non-Current Asset Policies for the Queensland Public Sector. The carrying amounts for such plant and equipment is not materially different from their fair value.
C4-4 MEASUREMENT USING FAIR VALUE
Accounting Policy
Land, buildings and heritage and cultural assets are measured at fair value as required by Queensland Treasury's Non-Current Asset Policies for the Queensland Public Sector. These assets are reported at their revalued amounts, being the fair value at the date of valuation, less any subsequent accumulated depreciation and subsequent accumulated impairment losses where applicable.
The cost of items acquired during the financial year has been judged by management of the Department of Justice and Attorney General to materially represent their fair value at the end of the reporting period.
Property, plant and equipment classes measured at fair value are revalued on an annual basis by appraisals undertaken by an independent professional valuer, or by the use of appropriate and relevant indices. For financial reporting purposes, the revaluation process is managed by a team in the department's Financial Services Branch, who determine the specific revaluation practices and procedures. Financial Services Branch reviewed it's revaluation practices to ensure compliance with AASB 13 and reported the revaluation outcomes to the department's Audit and Risk Management Committee.
Use of Specific Appraisals
Revaluations using independent professional valuer appraisals are undertaken at least once every five years. However, if a particular asset class experiences significant and volatile changes in fair value, that class is subject to specific appraisal in the reporting period, where practicable, regardless of the timing of the last specific appraisal. This is arranged by the Financial Services Branch after consultation with the Audit and Risk Management Committee.
The fair values reported by the department are based on appropriate valuation techniques that maximise the use of available and relevant observable inputs and minimise the use of unobservable inputs (as defined in Note D1-1 ).Materiality is considered in determining whether the difference between the carrying amount and the fair value of an asset is material (in which case revaluation is warranted).
Use of Indices
Where assets have not been specifically appraised in the reporting period, their previous valuations are materially kept up-to-date via the application of relevant indices. The Department of Justice and Attorney-General ensures that the application of such indices results in a valid estimation of the assets' fair values at reporting date. AssetVal Ply Ltd supplies the indices used for the various types of assets. Such indices are either publicly available, or are derived from market information available to AssetVal Pty Ltd. AssetVal Ply Ltd provides assurance of their robustness, validity and appropriateness for application to the relevant assets.
Accounting for Changes in Fair Value
Any revaluation increment arising on the revaluation of an asset is credited to the revaluation surplus of the appropriate class, except to the extent it reverses a revaluation decrement for the class previously recognised as an expense. A decrease in the carrying amount on revaluation is charged as an expense, to the extent it exceeds the balance, if any, in the revaluation surplus relating to that asset class.
For specific appraisal asset revaluations using a cost valuation approach (e.g. current replacement cost) - accumulated depreciation is adjusted to equal the difference between the gross amount and carrying amount, after taking into account accumulated impairment losses. In the case of index based asset revaluations the accumulated depreciation is adjusted in line with the index applied. These valuations are referred to as the 'gross method'.
22 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
C4 PROPERTY, PLANT AND EQUIPMENT AND DEPRECIATION EXPENSE (continued)
C4-5 DEPRECIATION EXPENSE
Accounting Policy
Property, plant and equipment is depreciated on a straight-line basis so as to allocate the net cost or revalued amount of each asset, less any estimated residual value, progressively over its estimated useful life to the department.
Land and artwork are not depreciated as they have an unlimited useful life.
Key Judgement: Straight line depreciation is used as that is consistent with the even consumption of service potential of these assets over their useful life to the department.
Separately identifiable components of complex assets are depreciated according to the useful lives of each component, as doing so results in a material impact on the depreciation expense reported.
Any expenditure that increases the originally assessed capacity or service potential of an asset is capitalised and the new depreciable amount is depreciated over the remaining useful life of the asset to the department.
Assets under construction (work-in-progress) are not depreciated until construction is complete and the asset is put to use or is ready for its intended use, whichever is the earlier. These assets are then reclassified to the relevant class within property, plant and equipment.
Major spares purchased specifically for particular assets are capitalised and depreciated on the same basis as the asset to which they relate.
The depreciable amount of improvements to or on leasehold land is allocated progressively over the estimated useful lives of the improvements or the unexpired period of the lease, whichever is the shorter. The unexpired period of a lease includes any option period where exercise of the option is probable.
For the department's depreciable assets, the estimated amount to be received on disposal at the end of their useful life (residual value) is determined to be zero.
Depreciation Rates
Key Estimates: Depreciation rates for each class of depreciable asset (including significant identifiable components):
Class Useful Life
Buildings - Courthouses: Fabric 50 - 60 years Roof 25 - 30 years Fixtures & Fittings 25 - 30 years Air Conditioning 13 - 15 years Fire Protection 13 - 15 years Electric Light and Power 20 - 24 years Communications 10 - 12 years Lifts 15 years Security 10 - 12 years Infrastructure 50 - 60 years Plant and equipment: Leasehold improvements 1 - 30 years Audio equipment 2 - 18 years Computer equipment 3 - 25 years Office equipment 5 - 18 years Electrical equipment 3 - 12 years Furniture 7 - 20 years Plant and machinery 7 years Other 3 - 18 years
23 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
C4 PROPERTY, PLANT AND EQUIPMENT AND DEPRECIATION EXPENSE (continued)
C4-6 IMPAIRMENT
Accounting Policy
Indicators of Impairment and Determining Recoverable Amount
All property, plant and equipment assets are assessed for indicators of impairment on an annual basis or, where the asset is measured at fair value, for indicators of a change in fair value/service potential since the last valuation was completed. Where indicators of a material change in fair value or service potential since the last valuation arise, the asset is revalued at the reporting date under AASB 13 Fair Value Measurement. If an indicator of possible impairment exists, the department determines the asset's recoverable amount under AASB 136 Impairment of Assets. Recoverable amount is equal to the higher of the fair value less costs of disposal and the asset's value in use subject to the following:
• As a not-for-profit entity, certain property, plant and equipment of the department is held for the continuing use of its service capacity and not for the generation of cash flows. Such assets are typically specialised in nature. In accordance with AASB 136, where such assets measured at fair value under AASB 13, that fair value (with no adjustment for disposal costs) is effectively deemed to be the recoverable amount. As a consequence, AASB 136 does not apply to such assets unless they are measured at cost.
• For other non-specialised property, plant and equipment measured at fair value, where indicators of impairment exist, the only difference between the asset's fair value and its fair value less costs of disposal is the incremental costs attributable to the disposal of the asset. Consequently, the fair value of the asset determined under AASB 13 will materially approximate its recoverable amount where the disposal costs attributable to the asset are negligible. After the revaluation requirements of AASB 13 are first applied to these assets, applicable disposal costs are assessed and, in the circumstances where such costs are not negligible, further adjustments to the recoverable amount are made in accordance with AASB 136.
For all other remaining assets measured at cost, and assets within the economic entity held for the generation of cash flows recoverable amount is equal to the higher of the fair value less costs of disposal and the asset's value in use.
Value in use is equal to the present value of the future cash flows expected to be derived from the asset, or where the department no longer uses an asset and has made a formal decision not to reuse or replace the asset, the value in use is the present value of net disposal proceeds.
Recognising Impairment Losses
For assets measured at fair value, the impairment loss is treated as a revaluation decrease and offset against the revaluation surplus of the relevant class to the extent available. Where no asset revaluation surplus is available in respect of the class of asset, the loss is expensed in the Statement of Comprehensive Income as a revaluation decrement.
For assets measured at cost, an impairment loss is recognised immediately in the Statement of Comprehensive Income.
Reversal of Impairment Losses
Where an impairment loss subsequently reverses, the carrying amount of the asset is increased to the revised estimate of its recoverable amount, but so that the increased carrying amount does not exceed the carrying amount that would have been determined had no impairment loss been recognised for the asset in prior years.
For assets measured at fair value, to the extent the original decrease was expensed through the Statement of Comprehensive Income, the reversal is recognised in income, otherwise the reversal is treated as a revaluation increase for the class of asset through revaluation surplus.
For assets measured at cost, impairment losses are reversed through income.
24 Department of Justice and Attorney-General Notes to the Financial Statements for the year ended 30 June 2019
CS INTANGIBLES AND AMORTISATION EXPENSE
CS-1 CLOSING BALANCES AND RECONCILIATION OF CARRYING AMOUNT
Software Internally Software Purchased Software: Work In Progress Total Generated
2018 2018 2018 2018. $'000 $'000 $'000 $'000 Gross 11,926 78,788 2,829 93,543
Less: Accumulated amortisation (10,438) (66,061) (76,499)
Carrying amount at 30 June 1,488 12,727 2,829 17,044
Represented by movements in carrying amount: Carrying amount at 1 July 2,118 17,817 1,794 21,729
Acquisitions 2,506 2,506
Transfers between classes and property, plant and equipment assets 159 1,317 ("1,471) 5
Involuntary asset transfer (B3) (1,471) (1,564)
Amortisation (696) (4,93()) (5,632)
Carrying amount at 30 June 1,488 12,727 2,829 17,044
25 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
CS INTANGIBLES AND AMORTISATION EXPENSE (continued)
C5-2 RECOGNITION AND MEASUREMENT
Accounting Policy
Intangible assets of the department comprise purchased software and internally developed software.
Intangible assets with a historical cost or other value equal to or greater than $100,000 are recognised in the financial statements. Items with a lesser value are expensed. Any training costs are expensed as incurred.
There is no active market for any of the department's intangible assets. As such, the assets are recognised and carried at historical cost less accumulated amortisation and accumulated impairment losses.
Expenditure on research activities relating to internally-generated intangible assets is recognised as an expense in the period in which it is incurred.
Costs associated with the internal development of computer software are capitalised and amortised under the amortisation policy below.
No intangible assets have been classified as held for sale or form part of a disposal group held for sale.
C5-3 AMORTISATION EXPENSE
Accounting Policy
All intangible assets of the department have finite useful lives and are amortised on a straight-line basis over their estimated useful life to the department. Straight-line amortisation is used reflecting the expected consumption of economic benefits on a progressive basis over the intangible's useful life. The residual value of all the department's intangible assets is zero.
Useful Life
Key Estimate: For each class of intangible asset the following amortisation rates are used:
Intangible Asset Useful Life
Software Purchased 7 - 21 years Software Internally Generated 3 - 24 years
C5-4 IMPAIRMENT
Accounting Policy
All intangible assets are assessed for indicators of impairment on an annual basis. If an indicator of possible impairment exists, the department determines the asset's recoverable amount. Any amount by which the asset's carrying amount exceeds the recoverable amount is recorded as an impairment loss.
Intangible assets are principally assessed for impairment by reference to the actual and expected continuing use of the asset by the department, including discontinuing the use of the software or patent. Recoverable amount is determined as the higher of the asset's fair value less costs to sell and its value-in-use.
C5-5 OTHER DISCLOSURES
Individually Significant Intangible Assets
At 30 June the department holds the following significant intangible assets:
•Queensland Wide Integrated Courts (QWIC) that has a carrying amount of $6.242 million and a remaining amortisation period of 6 years.
26 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
CS PAYABLES 2019 2018 $'000 $'000
Trade creditors 29,437 30,317 Appropriation refundable 6,389 1,885 Other 3,880 674 Total 39,706 32,876
Non-Current Deferred liability for operating leases * 778 Total 778
*Deferred liability for operating leases relates to a future amount owed by the department to the Department of Housing and Public Works for the straight-lining of department lease agreements.
Accounting Policy - Payables
Trade creditors are recognised upon receipt of the goods or services ordered and are measured at the nominal amount i.e. agreed purchase/contract price, gross of applicable trade and other discounts. Amounts owing are unsecured.
C7 ACCRUED EMPLOYEE BENEFITS
Current Wages outstanding 6,278 5,995 Annual leave levy payable 7,220 6,956 Long service leave levy payable 1,554 1,480 Judicial allowance 5 16 Total 15,057 14,447
Non-Current Judges' Long leave 118 Total 118
Accounting Policy - Accrued Employee Benefits
No provision for annual leave or long service leave is recognised in the department's financial statements as the liability is held on a whole-of-government basis and reported in those financial statements pursuant to AASB 1049 Whole of Government and General Government Sector Financial Reporting. cs OTHER LIABILITIES
Current Unearned revenue 882 1,040 Lease incentive liability 2,173 113 Total 3,055 1,153
Non-Current Lease incentive liability 7,106 507 Security deposits 95 95 Total 7,201 602
27 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
C9 EQUITY
C9-1 CONTRIBUTED EQUITY
Interpretation 1038 Contributions by Owners Made to Wholly-Owned Public Sector Entities specifies the principles for recognising contributed equity by the Department. The following items are recognised as contributed equity by the Department during the reporting and comparative years:
·Appropriations for equity adjustments (refer Note C9-2); and • Non-reciprocal transfers of assets and liabilities between wholly-owned Queensland State Public Sector entities as a result of machinery-of Government changes.
C9-2 APPROPRIATIONS RECOGNISED IN EQUITY
Reconciliation of Payments from Consolidated Fund to Equity Adjustment 2019 2018 $'000 $'000
Budgeted equity adjustment appropriation (28,959) (8,738) Treasurer's transfers (27,925) Lapsed equity adjustment (6,460) (13,395) Equity adjustment receipts (payments) (35,419) (50,058) Less: Opening balance of equity adjustment receivable 5,273 Plus: Closing balance of equity adjustment receivable 3,506 Plus: Opening balance of equity adjustment payable 5,962 Less: Closing balance of equity adjustment payable 5,962 Equity adjustment recognised in Contributed Equity (25,951) (61,293)
C9-3 ASSET REVALUATION SURPLUS BY ASSET CLASS
Heritage Land Buildings and Cultural Total Assets $'000 $'000 $'000 $'000
Balance 1 July 2017 230,753 854,430 13,127 1,098,310 Revaluation increments 13,004 81,666 584 95,254 Revaluation decrements (4,696) (14,236) (18,932) Equity classification adjustment* (113,668) (543,328) (656,996) Balance - 30 June 2018 125,393 378,533 13,711 517,637 Revaluation increments 5,320 34,221 691 40,232 Revaluation decrements (113) (113) Equity classification adjustment* (23,246) (4,005) (27,251) Balance - 30 June 2019 107,354 408,749 14,402 530,505
* Equity reclassification between the asset revaluation surplus and accumulated surplus is due to the disposal of non-current assets which had previously been revalued.
Accounting Policy
The asset revaluation surplus represents the net effect of upwards and downwards revaluations of assets to fair value.
28 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
SECTION 4 NOTES ABOUT RISK AND OTHER ACCOUNTING UNCERTAINTIES
01 FAIR VALUE MEASUREMENT
D1-1 ACCOUNTING POLICIES AND INPUTS FOR FAIR VALUES
What is Fair Value?
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 under current market conditions (i.e. an exit price) regardless of whether that price is directly derived from observable inputs or estimated using another valuation technique.
Observable inputs are publicly available data that are relevant to the characteristics of the assets/liabilities being valued. Observable inputs used by the department include, but are not limited to, published sales data for land and general office buildings.
Unobservable inputs are data, assumptions and judgements that are not available publicly, but are relevant to the characteristics of the assets/liabilities being valued. Significant unobservable inputs used by the department include, but are not limited to, subjective adjustments made to observable data to take account of the characteristics of the department's assets/liabilities, internal records of recent construction costs (and/or estimates of such costs), assets' characteristics/functionality, and assessments of physical condition and remaining useful life. Unobservable inputs are used to the extent that sufficient relevant and reliable observable inputs are not available for similar assets/liabilities.
A fair value measurement of a non-financial asset takes into account a market participant's ability to generate economic benefits by using the asset in its highest and best use.
Fair Value Measurement Hierarchv
The Department of Justice and Attorney-General does not recognise any financial assets or financial liabilities at fair value.
All assets and liabilities of the department for which fair value is measured or disclosed in the financial statements are categorised within the following fair value hierarchy, based on the data and assumptions used in the most recent specific appraisals:
Level 1 represents fair value measurements that reflect unadjusted quoted market prices in active markets for identical assets and liabilities; Level2 represents fair value measurements that are substantially derived from inputs (other than quoted prices included within level 1) that are observable, either directly or indirectly; and Level3 represents fair value measurements that are substantially derived from unobservable inputs
None of the department's valuations of assets or liabilities are eligible for categorisation into level 1 of the fair value hierarchy.
There were no transfers of assets between fair value hierarchy levels during the period.
29 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
01 FAIR VALUE MEASUREMENT (continued)
01-2 BASIS FOR FAIR VALUES OF ASSETS AND LIABILITIES
Land
Asset Class Basis of Valuation Fair Value 2018-19 2017-18 Last specific appraisals Measurement Land - Court Houses Indexation Indexation 31-Mar-16 * Level2
* Brisbane Magistrate Court and Brisbane Supreme and District Court were revalued through a desktop specific appraisal on 31 March 2018.
The department's Court House land assets were revalued in the current financial year by AssetVal Pty Ltd with an effective date of 31 March 2019.
The Market Approach is adopted for the specific appraisal of land assets. In determining the fair value of land, adjustments were made to take into account the location of the department's land, its size, streeUroad frontage and access, its topography, any significant restrictions and the valuer's professional judgement. As specific appraisal valuations are significantly based on sales market data with minimal professional judgement applied it is a Level 2 fair value measurement.
The market approach was also used for the index based valuations in the 2018-19 financial year. As indices were developed for the movements in each relevant property market based on the publicly available sales data over the last 12 months it is a Level 2 fair value.
AssetVal Pty Ltd advised there was no further material changes in 'fair value' as at 30 June 2019.
Buildings
Asset Class Basis of Valuation Fair Value 2018-19 2017-18 Last specific appraisals Measurement Buildings - Court Houses Indexation Indexation 31-Mar-16 * Level3
* Brisbane Magistrate Court and Brisbane Supreme and District Court were revalued through a desktop specific appraisal on 31 March 2018.
All of the department's buildings and land improvements in respect of courthouses (including heritage buildings) have been assessed as specialised buildings and land improvements. The valuation of these assets is based on the fact that current use is highest and best use.
The department's Court Houses were revalued in the current financial year by AssetVal Pty Ltd with an effective date of 31 March 2019.
The buildings are valued using current replacement cost method, adjusting for the associated depreciation. As depreciation adjustments are considered as significant unobseNable inputs in nature, specialised buildings are classified as Level 3 fair value measurements.
Specific appraisals require a site visit to determine the structural details of the buildings such as type and size of structure, construction material used, level of finish, fixtures installed and location of structure and assess the condition based on The Institute of Public Works Engineering Australian condition rating scores and effect on useful life model.
30 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
01 FAIR VALUE MEASUREMENT (continued)
01-2 BASIS FOR FAIR VALUES OF ASSETS AND LIABILITIES (continued)
Buildings (continued)
In a specific appraisal the current replacement cost is calculated based on a square metre rate applicable to similar building structures as determined by the valuer. The rate is based on recent construction data, Rawlinson's cost data and valuer's internal data base of unit rates. The replacement cost of the building is apportioned to the building components based on the specific building type.
The remaining useful life percentage as determined by the condition assessment determines the buildings component's remaining useful life and fair value for valuation purposes.
Indices applied in 2018-19 were estimated based on price movements of recent actual costs, contract data for similar structures, cost guides, other relevant publications such as Rawlinson's rates for building and construction and AssetVal's internal database of unit rates. The basis of derivation of these indices are consistent with the underlying data inputs adopted for the last specific appraisal.
Asse!Val Ply Ltd advised there was no further material changes in 'fair value' as at 30 June 2019.
Heritage and Cultural Assets
Asset Class Basis of Valuation Fair Value 2018-19 I 2017-18 Last specific appraisals Measurement Heritaae Buildinas - Court House Indexation I Indexation 31-Mar-16 Level3
The department's heritage building assets were revalued in the current financial year by Asse!Val Ply Ltd with an effective date of 31 March 2019.
The department's heritage courthouse buildings have been assessed as specialised buildings and revalued on the same basis as the department's non-heritage courthouse buildings by the same AssetVal Ply Ltd valuation team.
The valuation represents the cost of replacing the service potential of the building using Level 3 fair value measurements, however the heritage aspects of the building have not been valued.
AssetVal Ply Ltd advised there was no further material changes in 'fair value' as at 30 June 2019.
Asset Class Basis of Valuation Fair Value 2018-19 I 2017-18 Last specific appraisals Measurement Artwork - all locations Desktop I Desktop 31-Mar-17 Level3
In respect of artwork, valuation is determined by a comparison to similar examples of the artist's work in existence throughout Australia and research on prices paid for similar examples offered at auction or through art galleries in recent years.
Independent valuations of the artworks were performed as at 31 March 2019 by Bettina MacAulay of MacAulay Partners, a registered valuer on the Australian Government Approved Valuers list. The valuer advised there was no further material changes in 'fair value' as at 30 June 2019. The fair value of artwork at 30 June 2019 is $6.351 million (2018: $6.166 million).
31 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
02 FINANCIAL RISK DISCLOSURES
D2-1 FINANCIAL INSTRUMENT CATEGORIES
Financial assets and financial liabilities are recognised in the Statement of Financial Position when the department becomes party to the contractual provisions of the financial instrument. The department has the following categories of financial assets and financial liabilities: - Cash and cash equivalents - Note C1 - Receivables at amortised cost - Note C2 - Payables at amortised cost - Note C6
No financial assets and financial liabilities have been offset and presented on a net basis in the Statement of Financial Position.
The department does not enter into transactions for speculative purposes, nor for hedging.
D2-2 RISKS ARISING FROM FINANCIAL INSTRUMENTS
(a) Risk exposure
Financial risk management is implemented pursuant to government and departmental policy. The Department of Justice and Attorney General's operational activities are not exposed to substantial financial risk. All financial risk is currently managed by the Financial Services Branch under policies approved by the department. The department provides written principles for overall risk management, as well as policies covering specific areas.
The Department of Justice and Attorney-General's activities expose it to a variety of financial risks as set out in the following table:
Risk exposure Definition Exposure The risk that the department may incur financial loss as a The department is exposed to credit risk in respect of its Credit risk result of another party to a financial instrument failing to receivables (Note C2). discharge their obligation. The risk that the department may encounter difficulty in The department is exposed to liquidity risk in respect of Liquidity risk meeting obligations associated with financial liabilities that its payables (Note C6). are settled by delivering cash or another financial asset. The risk that the fair value or future cash flows of a financial The department does not trade in foreign currency and is instrument will fluctuate because of changes in market not materially exposed to commodity price changes or prices. Market risk comprises three types of risk: currency other market prices. The department is exposed to Market risk risk, interest rate risk and other price risk. interest rate risk through its cash deposited in interest Interest rate risk is the risk that the fair value or future cash bearing accounts (Note C1). flows of a financial instrument will fluctuate because of changes in market interest rates.
(b) Risk measurement and management strategies
The Department of Justice and Attorney-General measures risk exposure using a variety of methods as follows:
Measurement Risk exposure Risk management strategies method The department manages credit risk through the use of a credit management strategy. This strategy aims to reduce the exposure to credit default by ensuring that Credit risk Ageing analysis the department monitors all funds owed on a timely basis. Exposure to credit risk is monitored on an ongoing basis. The department manages liquidity risk by ensuring sufficient funds are available to meet employee and supplier obligations as they fall due. Liquidity risk Sensitivity analysis This is achieved by ensuring that minimum levels of cash are held within the various bank accounts so as to match the expected duration of the various employee and supplier liabilities. The department does not undertake any hedging in relation to interest risk and Interest rate Market risk manages its risk as per the department's liquidity risk management strategy sensitivity analysis articulated in the department's Financial Management Practice Manual.
32 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
02 FINANCIAL RISK DISCLOSURES (continued)
D2-3 CREDIT RISK DISCLOSURES
Credit risk management practices
Financial assets that are over 30 days past due are considered to have a significant increase in credit risk. However as the department only has trade receivables (Note C2) as financial assets impacted by credit risk, its loss allowance is always measured at lifetime expected credit losses.
The department typically considers a financial asset to be in default when it becomes 90 days past due. However, a financial asset can be in default before that point if information indicates that the department is unlikely to receive the outstanding amounts in full. The department's assessment of default does not take into account any collateral or other credit enhancements.
The department's write off policy is disclosed in Note C2-1.
Credit risk exposure
Credit risk exposure relating to receivables is disclosed in Note C2-1.
D2-4 LIQUIDITY RISK - CONTRACTUAL MATURITY OF FINANCIAL LIABILITIES
Liquidity risk refers to the situation where the organisation may encounter difficulty in meeting obligations associated with financial liabilities that are settled by delivering cash or another financial asset. There is a surplus of $37.921 million (2018: $32.216 million) in current assets to meet the obligations of current liabilities. Accordingly the liquidity risk is considered to be low.
03 CONTINGENCIES
Litigation in Progress
Effective 1 July 2001, the Department of Justice and Attorney-General joined the Queensland Government Insurance Fund (QGIF). Under the QGIF, the department would be able to claim back, less a $10,000 deductible, the amount paid to successful litigants. This includes any cases that existed as at 1 July 2001 and cases that have arisen since that date.
33 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
D4 COMMITMENTS
Non-Cancellable Operating Lease Commitments
Commitments under operating leases at reporting date (inclusive of non-recoverable GST input tax credits) are payable: 2019 2018 $'000 $'000
Not later than 1 year 28, 112 28,451 Later than 1 year and not later than 5 years 50,541 65,210 Later than 5 years 5,689 8,368 84,342 102,029 Capital Expenditure Commitments
Commitments for capital expenditure at reporting date (inclusive of non-recoverable GST input tax credits) are payable: Buildings Not later than 1 year 11,641 3,223 11,641 3,223 Intangibles Not later than 1 year 224 330 224 330
DS FUTURE IMPACT OF ACCOUNTING STANDARDS NOT YET EFFECTIVE
At the date of authorisation of the financial report, the expected impacts of new or amended Australian Accounting Standards issued but with future effective dates are set out below:
AASB 1058 Income of Not-for-Profit Entities and AASB 15 Revenue from Contracts with Customers The transition date for both AASB 15 and AASB 1058 is 1 July 2019. Consequently, these standards will first apply to the department when preparing the financial statements for 2019-20. The department has reviewed the impact of AASB 15 and AASB 1058 and identified the following impacts (or estimated impact where indicated) on adoption of the new standards:
Capital Appropriation Funding
Amounts for capital works received by the department via equity appropriation from Queensland Treasury will continue to be recognised on receipt of the appropriation. There is no impact on unearned revenue or revenue recognition for these amounts.
Deferred Grant Revenue
The department does not currently have any material grant revenue contracts with specific performance obligations that relate to funding of activity based services, and will monitor the impact of any such contracts subsequently entered into before the new standards take effect. Licence Revenue
The department has revenue from the issue of licences. In accordance with Queensland Treasury's proposed policy directive following amendments to AASB 15 (arising from AASB 2018-4 Amendments to Australian Accounting Standards - Australian Implementation Guidance for Not-for-Profit Public Sector Licensors ), the revenue will be recognised under AASB 15 when the performance obligations are fulfilled. As the sole performance obligation is the issue of the licence to the customer, revenue will be recognised when the licence is issued. As this has the same accounting consequence to the current accounting of recognising revenue on receipt of the licence fee, no change is expected to revenue recognition for licence revenue.
The department has assessed that any refund liability under AASB 15 will not be material enough to recognise given the portion of the licence fee that are historically refunded comprises 1.0% of the licence revenue.
Sale of Services
The department expects no change to revenue recognition from provision of services as customers are only invoiced after the obligation is performed.
Sale of Goods The department expects no change to revenue recognition from the sale of goods comprising issuance of birth and marriage certificates and sale of JP manuals and materials as the delivery of the goods to the customer represents the sole performance obligation. The amount of any right of return asset or refund liability has been determined to be negligible and immaterial to record on transition.
34 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
05 FUTURE IMPACT OF ACCOUNTING STANDARDS NOT YET EFFECTIVE (continued)
AASB 16 Leases
This standard will first apply to the department from its financial statements for 2019-20. When applied, the standard supersedes AASB 117 Leases, AASB Interpretation 4 Determining whether an Arrangement contains a Lease, AASB Interpretation 115 Operating Leases - Incentives and AASB Interpretation 127 Evaluating the Substance of Transactions Involving the Legal Form of a Lease.
Impact for Lessees
Under AASB 16, the majority of operating leases (as defined by the current AASB 117 and shown at Note 04) will be reported on the Statement of Financial Position as right-of-use assets and lease liabilities.
The right-of-use asset will be initially recognised at cost, consisting of the initial amount of the associated lease liability, plus any lease payments made to the lessor at or before the effective date, less any lease incentive received, the initial estimate of restoration costs and any initial direct costs incurred by the lessee. The right-of-use asset will give rise to a depreciation expense.
The lease liability will be initially recognised at an amount equal to the present value of the lease payments during the lease term that are not yet paid. Current operating lease rental payments will no longer be expensed in the Statement of Comprehensive Income. They will be apportioned between a reduction in the recognised lease liability and the implicit finance charge (the effective rate of interest) in the lease. The finance cost will also be recognised as an expense.
AASB 16 allows a 'cumulative approach' rather than full retrospective application to recognising existing operating leases. In accordance with Queensland Treasury's policy, the department will apply the 'cumulative approach', and will not need to restate comparative information. Instead, the cumulative effect of applying the standard is recognised as an adjustment to the opening balance of accumulated surplus (or other component of equity, as appropriate) at the date of initial application.
Outcome of Review as Lessee
The department has completed its review of the impact of adoption of AASB 16 on the Statement of Financial Position and Statement of Comprehensive Income and has identified the following major impacts which are outlined below.
During the 2018-19 financial year, the Department of Justice and Attorney-General held operating leases under AASB 117 from the Department of Housing and Public Works (DHPW) for non-specialised, commercial office accommodation through the Queensland Government Accommodation Office (QGAO) and residential accommodation through the Government Employee Housing (GEH) program. Lease payments under these arrangements totalled $25.764 million per annum. The department has been advised by Queensland Treasury and DHPW that, effective 1 July 2019, amendments to the framework agreements that govern QGAO and GEH will result in the above arrangements being exempt from lease accounting under AASB 16. This is due to DHPW having substantive substitution rights over the non-specialised, commercial office accommodation and residential premises assets used within these arrangements. From 2019-20 onwards, costs for these services will continue to be expensed as supplies and services expense when incurred.
The department has also been advised by Queensland Treasury and DHPW that, effective 1 July 2019, motor vehicles provided under DHPW's QFleet program will be exempt from lease accounting under AASB 16. This is due to DHPW holding substantive substitution rights for vehicles provided under the scheme. From 2019-20 onward, costs for these services will continue to be expensed as supplies and services expense when incurred. Existing QFleet leases were not previously included as part of non-cancellable operating lease commitments.
All other Australian accounting standards and interpretations with future effective dates are either not applicable to the Department of Justice and Attorney-General's activities, or have no material impact on the department.
35 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
SECTION 5 NOTES ON OUR PERFORMANCE COMPARED TO BUDGET
E1 BUDGETARY REPORTING DISCLOSURES
This section contains explanations of major variances between the department's actual 2018-19 financial results and the original budget presented to Parliament, in respect of the department's Statement of Comprehensive Income, Statement of Financial Position and Statement of Cash Flows.
E2 BUDGET TO ACTUAL COMPARISON - STATEMENT OF COMPREHENSIVE INCOME (Controlled Activities)
2019 2019 Original Budget Variance Actual Budget Variance Notes $'000 $'000 $'000 Income from Continuing Operations Appropriation revenue 489,336 500,663 (11,327) User charges and fees 96,433 89,973 6,460 Grants and contributions V1 10,873 14,252 (3,379) Other revenue 973 438 535 Total Revenue 597,615 605,326 (7,711)
Gains on remeasurement of assets 322 322
Total Income from Continuing Operations 597,937 605,326 (7,389)
Expenses from Continuing Operations Employee expenses 339,062 335,115 3,947 Supplies and services V2 175,276 195,985 (20,709) Grants and subsidies 1,094 406 688 Depreciation and amortisation 70,885 68,819 2,066 Impairment losses 279 279 Other expenses 5,729 2,403 3,326
Total Expenses from Continuing Operations 592,325 602,728 (10,403)
Operating Result for the Year 5,612 2,598 3,014
OTHER COMPREHENSIVE INCOME
Items that will not be reclassified to Operating Result Increase (decrease) in asset revaluation surplus 40, 119 40, 119
Total for Items that will not be reclassified to Operating Result 40, 119 40,119
TOTAL COMPREHENSIVE INCOME 45,731 2,598 43,133
E2-1 EXPLANATION OF MAJOR VARIANCES - STATEMENT OF COMPREHENSIVE INCOME
V1. The decrease is mainly due to reduced goods and services received below fair value ($2.5 million) and reduced grant funding for the Legal Services Commission ($1.5 million).
V2. The decrease primarily reflects funding re-aligned between financial years and account categories ($14.3 million), reduced goods and services received below fair value ($2.5 million}, reduced outsourced service delivery ($1.9 million) and software maintenance and support ($1.4 million).
36 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
E3 BUDGET TO ACTUAL COMPARISON - STATEMENT OF FINANCIAL POSITION
2019 2019 Original Budget Variance Actual Budget Variance Notes $'000 $'000 $'000 Current Assets Cash and cash equivalents V3 64,623 43,735 20,888 Receivables V4 24,850 19,864 4,986 Inventories 313 39 274 Other current assets V5 5,953 3,648 2,305
Total Current Assets 95,739 67,286 28,453
Non Current Assets Property, plant and equipment 1,200,019 1,225,560 (25,541) Intangible assets V6 15,078 21,313 (6,235) Other non current assets 7,048 350 6,698
Total Non Current Assets 1,222,145 1,247,223 (25,078)
Total Assets 1,317,884 1,314,509 3,375
Current Liabilities Payables V7 39,706 22,654 17,052 Accrued employee benefits V8 15,057 12,255 2,802 Other current liabilities 3,055 1,843 1,212
Total Current Liabilities 57,818 36,752 21,066
Non Current Liabilities Payables 778 416 362 Accrued employee benefits 89 (89) Other non current liabilities V9 7,201 95 7,106
Total Non Current Liabilities 7,979 600 7,379
Total Liabilities 65,797 37,352 28,445
Net Assets 1,252,087 1,277, 157 (25,070)
E3-1 EXPLANATION OF MAJOR VARIANCES - STATEMENT OF FINANCIAL POSITION
V3. The increase is mainly due to an increase in payables ($17.1 million), current year surplus ($5.6 million), and accrued employee benefits ($2.8 million) which is partially offset by increases in receivables ($5.0 million) and other current assets ($2.3 million).
V4. The variance is mainly due to increased equity injection receivable ($3.5 million), greater than forecast annual leave central scheme receivables ($3.3 million) and increased sundry receivables ($1.6 million). These increases are partially offset by a reduction in goods and services tax receivable ($3.4 million).
V5. The increase mainly relates to current lease incentive assets for premises located in the Brisbane central business district.
V6. The decrease is mainly due to reduced expenditure on Information and Communications Technology projects ($7.1 million) and net transfers ($2.1 million). These decreases are partially offset by less than forecast amortisation expense for the financial year ($3.7 million).
V7. The increase in payables is mainly due to a higher level of trade creditors ($6.7 million) and recognition of a payable to government for end of year funding adjustments ($6.4 million).
V8. The increase is mainly due to a higher level of opening balances for accrued salaries and wages ($1.6 million) and payables to annual leave central scheme ($1.0 million).
V9. The increase mainly relates to non-current lease incentive liabilities for premises located in the Brisbane central business district.
37 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
E4 BUDGET TO ACTUAL COMPARISON - STATEMENT OF CASH FLOWS
2019 2019 Original Budget Variance Actual Budget Variance Notes $'000 $'000 $'000 Cash flows from operating activities Inflows: Service appropriation receipts 489,336 500,663 (11,327) User charges and fees V10 113,146 89,983 23,163 Grants and other contributions 5,694 7,355 (1,661) GST input tax credits from ATO 20,313 11,394 8,919 GST collected from customers 5,412 5,652 (240) Interest receipts 130 100 30 Other 1,019 338 681
Outflows: Employee expenses (339,571) (335, 107) (4,464) Supplies and services V11 (174,466) (189,004) 14,538 Grants and subsidies (1,093) (406) (687) Insurance premiums (668) (668) GST paid to suppliers (20,977) (11,394) (9,583) GST remitted to ATO (5,334) (5,652) 318 Other (449) (2,497) 2,048 Net cash provided by operating activities 92,492 71,425 21,067
Cash flows from investing activities Outflows: Payments for property, plant and equipment V12 (39,035) (33, 152) (5,883) Payments for intangibles (3,056) (11,360) 8,304 (42,091) (44,512) 2,421 Net cash used in investing activities
Cash flows from financing activities Inflows: Equity injections V13 39,609 31,658 7,951
Outflows: Equity withdrawals (65,560) (60,617) (4,943) Net cash provided by (used in) financing (25,951) (28,959) 3,008 activities
Net increase (decrease) in cash and cash equivalents 24,450 (2,046) 26,496
Cash and cash equivalents - opening balance 40,173 45,781 (5,608)
Cash and cash equivalents - closing balance 64,623 43,735 20,888
E4-1 EXPLANATION OF MAJOR VARIANCES - STATEMENT OF CASH FLOWS
V10. The variance is mainly due to a reduction in receivables relating to machinery-of-Government changes from prior years ($11.0 million), other trade receivables ($6.0 million), increased professional fees ($3.8 million) and additional Blue Card Services application fees ($2.7 million).
V11. The decrease primarily reflects funding re-aligned between financial years and account categories ($14.3 million), reduced outsourced service delivery ($1.9 million) and software maintenance and support ($1.4 million). These decreases are partially offset by increase in current payables.
V12. The variance is mainly due to increased capital expenditure for courthouse upgrades ($3.6 million), minor capital works expenditure deferred from 2017-18 ($3.0 million) and equipment replacement ($0.7 million).
V13. The variance is mainly due to equity funding to meet increased capital expenditure for courthouse building projects.
38 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
F1 ADMINISTERED ITEMS
The department administers, but does not control, certain activities on behalf of the Government. In doing so, it has responsibility for administering those activities (and related transactions and balances) efficiently and effectively, but does not have the discretion to deploy those resources for the achievement of the department's own objectives.
Accounting policies applicable to administered items are consistent with the equivalent policies for controlled items, unless stated otherwise.
F1-1 SCHEDULE OF ADMINISTERED INCOME AND EXPENDITURE
Justice Services Liquor, Gaming and Fair Trading Services General Not Attributed ADMINISTERED TOTAL
2018 2018 Notes $'000 $'000
Administered Income
Appropriation revenue * F1-3 118,811 376,757 User charges and fees F1-4 672 71,615 Royalties and land rents 8,000 Grants and contributions 177 Interest revenue - solicitor trusts 30,520 30,707 Other revenue 3,252 5,836
Total Administered Income 153,255 493,092
Administered Expenses Employee expenses F1-5 73,301 73,301 Supplies and services 4,190 4,880 Grants and subsidies F1-6 15,122 272,835 Benefit payments F1-7 26,032 26,032 Impairment losses 508 508 Other expenses F1-12 75 835
Total Administered Expenses 378,391 Transfers of Administered Income to Government ** 34,027 114,701
Operating Surplus/(Deficit)
*Appropriation revenue is provided in cash via Queensland Treasury and funds activities I expenses that the department administers on behalf of the Government.
**The department periodically transfers to Queensland Government the amount of all cash collected in respect of administered revenue itemised under "Administered Income" (excluding appropriation revenue).
39 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
F1 ADMINISTERED ITEMS (continued)
F1-2 SCHEDULE OF ADMINISTERED ASSETS AND LIABILITIES
Liquor, Gaming and Fair Trading Justice Services General Not Attributed ADMINISTERED TOTAL Services
2018 2018 Notes $'000 $'000 Administered Assets Current Cash and cash equivalents 39,024 55,619 Receivables F1-8 (14,039) 33,214
Total Current Assets 24,385 88,833
Non Current Prepayments F1-9 91,500 91,500
Total Non Current Assets 91,500 91,500
Total Assets 115,885 180,333
Administered Liabilities Current Payables F1-10 6,751 22,544 Accrued employee benefits F1-11 8,172 8,172 Provisions F1-12 12,384 12,384 Unearned revenue 2,907
Total Current Liabilities
Non Current Accrued employee benefits F1-11 5,356 5,356 Provisions F1-12 30,468 30,468 Unearned revenue F1-9 93,007
Total Non Current Liabilities - ,' ~f ·'-iI<,,·1 ··)~·,ttf·,"~;~Q1;!,§J<: 128,831 '· ?'Ji~~ ;·:j~}~~{;·::·~t:;~f;;'.::J;L t~J·.',i~f~~'.:; Total Liabilities :;. ':i:'sF>'.:1:;:: ~41 1;/jl~ 174,838 .::::::~~~i~ ·:);'.ti:~'; !+-fl;.' CF*'.' ·~~ .:,·\;:·.:;;'.; Net Administered Assets 4.11 s ;·\.<1;.:;;r~~~.1}·l~r:&i4'.r~:~:r··?5.'..:~··J'i,~ -"·\ · .:;, ',.:,"'v
40 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
F1 ADMINISTERED ITEMS (continued)
F1-3 RECONCILIATION OF PAYMENTS FROM CONSOLIDATED FUND TO ADMINISTERED INCOME 2019 2018 $'000 $'000
Budgeted appropriation 417,090 389,572 Lapsed administered appropriation (4,959) (7,471) Total Administered Receipts 412,131 382, 101 Less: Equity injection 968 492 Less: Opening balance of administered appropriation revenue receivable 19,836 24,688 Plus: Closing balance of administered appropriation revenue receivable 72,452 19,836 Administered Revenue recognised in Note F1-1 463,779 376,757
F1 -4 USER CHARGES AND FEES
Regulatory fees 74,662 69,700 Rent received 1,275 1,275 Commonwealth services 483 635 Publications and transcript charges 9 5 Total 76,429 71,615
F1 -5 EMPLOYEE EXPENSES
Employee Benefits Wages and salaries 67,290 63,580 Employer superannuation contributions 4,600 4,361 Long service leave levy 763 707 Annual leave levy 2,991 2,881
Employee Related Expenses Other employee related expenses 1,483 1,772 Total 77,127 73,301
2019 2018 Full-Time Equivalent Employees 178 170
41 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
F1 ADMINISTERED ITEMS (continued)
F1-6 GRANTS AND SUBSIDIES 2019 2018 $'000 $'000
Legal Aid Queensland 154,328 148,618 Gambling Community Benefit Fund 71,107 41,019 Crime and Corruption Commission 56,842 55,713 Anti-Discrimination Commission Queensland 5,900 5,308 Office of the Information Commissioner 7,130 6,429 Queensland Family and Child Commission 11,879 6,225 Prostitution Licensing Authority 724 Victim Assist Queensland 76 86 Legal Services Commission 3,543 3,660 Supreme Court Library Queensland 3,452 3,384 Bar Association Queensland 167 164 Safe Night Precinct Boards 970 1,505 Total 315,394 272,835
F1-7 BENEFIT PAYMENTS
Victim Assist Queensland payments 27,379 23,705 Appeal costs payments 1,942 2,327 Total 29,321 26,032
F1-8 RECEIVABLES
Trade debtors 4,941 7,665 Less: Allowance for impairment (4,845) (886) 96 6,779
Monetary penalties receivable 10,820 7,057 Less: Allowance for impairment (9, 183) (5,792) 1,637 1,265
Pecuniary penalty orders receivable 16,631 16,783 Less: Allowance for impairment (16,112) (16,053) 519 730
GST receivable 52 42 52 42
Appropriation receivable 72,452 19,836 Solicitors' Trust Account interest 2,428 3,364 Annual leave reimbursements 697 709 Long service leave reimbursements 238 423 Other 711 66 Total 78,830 33,214
Accounting Policy - Penalties Debtors in relation to penalties administered on a whole-of-government basis are recorded at the amount ordered by the Court. These debtors include pecuniary penalty orders, fines where a warrant has been issued as well as unenforceable debts, with impairment being provided based on an assessment of future recoverability. No interest is charged and no security is obtained.
Accounting Policy - Impairment of Receivables The loss allowance for administered debtors reflects lifetime expected credit losses and incorporates reasonable and supportable forward-looking information. The impact of economic changes and relevant industry data form part of the administered debtor's impairment assessment.
Where the department has no reasonable expectation of recovering an amount owed by a debtor, the debt is written-off by directly reducing the receivable against the loss allowance. This occurs when the department has ceased enforcement activity. If the amount of debt written off exceeds the loss allowance, the excess is recognised as an impairment loss.
42 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
F1 ADMINISTERED ITEMS (continued)
F1-9 PREPAYMENTS 2019 2018 $'000 $'000 Non Current Queens Wharf Casino exclusivity licence fee * 91,500 91,500 Total 91,500 91,500
*The Queens Wharf Casino exclusivity licence fee of $91.5 million received during the 2016-17 financial year is recognised as unearned revenue up to the commencement of the casino licence term. The exclusivity licence fee was transferred to Queensland Treasury and is recognised as a prepayment up to the commencement of the casino licence term.
F1-10 PAYABLES
Trade creditors 15, 166 1,627 Transfers to Government payable 14,235 20,205 Other 85 712 Total 29,486 22,544
F1-11 ACCRUED EMPLOYEE BENEFITS
Current Wages outstanding 1,651 1,552 Annual leave levy payable 761 684 Long service leave levy payable 193 179 Expense of Office and Jurisprudential allowance 3,100 3,086 Judges' long leave 2,679 2,671 Total 8,384 8,172
Non current Judges' long leave 5,886 5,356 Total 5,886 5,356
Accounting Policy - Accrued Employee Benefits
In accordance with AASB 119 Employee Benefits, the State Actuary calculates the judges long leave liability by applying the gross discount rate which is the annually convertible yield of a notional duration matched Commonwealth Government nominal bond at the relevant date, as published by the Reserve Bank of Australia.
Accounting Policy - Jurisprudential Allowance Liabilities for judicial allowances are recognised and measured as the amount due but unpaid at reporting date based on allowances prescribed by sections 16 to 22 of the Judicial Remuneration Act 2007. Allowances are permitted to accrue up to seven years and any unused portion beyond this period is no longer payable.
F1-12 PROVISIONS
Victim assistance claims 12,799 12,384 Wages and savings class action * 40,000 Total 52,799 12,384
Non current Victim assistance claims 42,275 30,468 Total 42,275 30,468
*In September 2016, a class action commenced representative proceedings in the Federal Court on behalf of Aboriginal and Torres Strait Islander people, living and deceased, who were subject to the Protection Acts controls. It was alleged a breach of trust and fiduciary duty regarding the handling of accounts and the management of wages obtained under the 'Protection Acts' during the claim period of 1939 to 1972. In July 2019 the parties agreed in principle on a $190 million settlement, inclusive of the applicant's legal costs and administrative costs. The parties will now apply to the Federal Court to seek to have the settlement approved at a date yet to be determined. $40 million of this settlement amount will be appropriated to the Department of Justice and Attorney-General, for subsequent transfer to the Crown Law Trust Account, upon approval of the settlement.
43 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
F1 ADMINISTERED ITEMS (continued)
F1-13 ADMINISTERED ACTIVITIES - BUDGET TO ACTUAL COMPARISON AND VARIANCE ANALYSIS 2019 2019 Original Budget Variance Actual Budget Variance Notes $'000 $'000 $'000 INCOME AND EXPENDITURE
Administered Income Appropriation revenue V1 463,779 413,644 50, 135 User charges and fees 76,429 72,458 3,971 Royalties and land rents 8,000 8,000 Grants and contributions 1,730 353 1,377 Interest revenue V2 33, 148 27,723 5,425 Other revenue 11,731 5,678 6,053 Total Administered Income 594,817 527,856 66,961
Administered Expenses Employee expenses V3 77,127 73,390 3,737 Supplies and services 5,072 4,586 486 Grants and subsidies 315,394 303,837 11,557 Benefit payments 29,321 31,230 (1,909) Impairment losses 10,903 850 10,053 Other expenses V4 40,651 1,549 39,102 Total Administered Expenses 478,468 415,442 63,026
Transfers of Administered Income to Government 116,349 112,414 3,935
Operating Surplus/(Deficit)
Notes Explaining Major Variances for Administered Activities
V1. The variance mainly relates to the wages and savings class action ($40.0 million), Gambling Community Benefit Fund grants predominantly due to a grant round not being paid until 2018-19 ($13.8 million) and an increase in judicial remuneration and appointment of additional judicial officers in Queensland Courts ($3.7 million) , partially offset by a change of funding profile for the Crime and Corruption Commission ($3.8 million) and contribution payments for legal assistance services ($2.2 million) and victims of crime financial assistance and compensation scheme ($2.3 million).
V2. The variance mainly relates to an increase in interest revenue on clients' money held in Queensland solicitors' trust accounts ($5.4
V3. The variance mainly relates to an increase in judicial remuneration and appointment of additional judicial officers in Queensland Courts ($3.7 million).
V4. The variance mainly relates to the wages and savings class action ($40.0 million).
44 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
F1 ADMINISTERED ITEMS (continued)
F1-13 ADMINISTERED ACTIVITIES - BUDGET TO ACTUAL COMPARISON AND VARIANCE ANALYSIS (continued)
2019 2019 Original Budget Variance Actual Budget Variance Notes $'000 $'000 $'000 ASSETS AND LIABILITIES Administered Assets Current Cash and cash equivalents vs 68,930 21,309 47,621 Receivables V6 78,830 S4,269 24,S61 Total Current Assets 147,760 75,578 72,182 Non Current Prepayments 91,SOO 91,500 Total Non Current Assets 91,500 91,500
Total Assets 239,260 167,078 72,182
Administered Liabilities Current Payables V7 29,486 18,076 11,410 Accrued employee benefits 8,384 8,884 (SOO) Provisions vs S2,799 11,964 40,83S Unearned revenue 2,874 3,039 (16S) Total Current Liabilities 93,543 41,963 51,580 Non Current Accrued employee benefits S,886 S,421 46S Provisions V9 42,27S 21,816 20,4S9 Unearned revenue 92,40S 92,730 (322) Total Non Current Liabilities 140,569 119,967 20,602
Total Liabilities 234, 112 161,930 72,182
Net Administered Assets 5,148 5,148
Notes Explaining Major Variances for Administered Activities
VS. The variance mainly relates to the victims of crime financial assistance and compensation scheme provision ($21.3 million), an increase in Gambling Community Benefit Fund ($12.S million) and interest revenue on clients' money held in Queensland solicitors' trust accounts ($S.4 million) and a reduction in appropriation receivables ($9.9 million).
V6. The variance mainly relates to the wages and savings class action ($40 million), partially offset by a reduction in Office of Fair Trading's trade debtors predominantly due to the recognition of provision for impairment of debts ($S.8 million) and a decrease in appropriation receivable ($9.9 million). The decrease in appropriation receivable predominantly relates to an underspend in Tackling Alcohol Fuelled Violence initiative ($5.3 million) and victims of crime financial assistance and compensation scheme provision ($2.3 million).
V7. The variance mainly relates to an increase in Gambling Community Benefit Fund ($12.S million) and interest revenue on clients' money held in Queensland solicitors' trust accounts ($S.4 million), partially offset by transfers to government payable for Office of Fair Trading's debtors ($S.S million).
VS. The variance mainly relates to the wages and savings class action ($40.0 million) and an increase in the victims of crime financial assistance and compensation scheme provision following the post budget update to the provision calculation ($0.S million).
V9. The variance relates to an increase in the victims of crime financial assistance and compensation scheme provision ($20.4 million).
45 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019
F2 TRUST TRANSACTIONS AND BALANCES
F2-1 TRUST ACTIVITIES
As the department performs only a custodial role in respect of the transactions and balances of the trust funds identified below, they are not recognised in the financial statements but are disclosed in these notes for the information of users. The Queensland Auditor-General performed the audit of the department's trust transactions for 2018-19.
Total Revenue Total Expenses Net surplus/(deficit) Total Current Assets Total Current Liabilities Net Assets , ·•: .,2~1&, 2018 .· :: .: .. :2~1~ 2018 ~o.j:a___ 2018?:;c •:·,:::? >;4li~9 2018 . , .201;& 2018 2-010· 2018 .. :; .. ,$'00Q'. $'000 :·:·' '.$[00U. $'000 ' :$' Crown Law 27,509 30,124 30,527 30,527 - Holding account to remit settlement funds to recipients in accordance with instructions from Crown Law clients. Queensland Civil and Administrative Tribunal 42 42 - Queensland Civil and Administrative Tribunal Act 2009 s 161 - Responsible for making decisions on a range of jurisdictions and reviewing decisions that have been previously made by a Queensland Government department, local government or regulatory authority. Funeral Benefit Trust Fund 101 28 5,225 22 5,203 -Funeral Benefit Business Act 1982 s 9(1) - Holds money from contributors as a result of agreements that were made between 1940 and 1973. Australian Coordinating Registry 753 350 861 861 - Births, Deaths and Marriages Registration Act 2003 s 39 - Holds money relating to the application, assessment and distribution of Fact of Death and Cause of Death matters. Youth Detention Centre Trust Funds" 63 12 12 - Youth Justice Act 1992 s 282 - Holds money in trust on behalf of juvenile detainees in custody Prisoners Trust Fund"" 13,087 168 4,069 4,069 - Corrective Services Act 2006 s 311 - Holds money in trust on behalf of offenders in custody. " Youth Detention Centre Trust Funds Youth Justice transferred to the Department of Child Safety, Youth and Women effective from 1 January 2018. ** Prisoners Trust Fund Corrective Services transferred to the stand alone department titled Queensland Corrective Services effective from 1 January 2018. 46 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019 F2 TRUST TRANSACTIONS AND BALANCES (continued) F2-2 PRESCRIBED SECURITIES FOR PUBLIC ACCOUNTANTS TRUST ACCOUNTS The department holds securities in relation to moneys held in trust funds of public accountants operating pursuant to the Trust Accounts Act 1973. Section 31 (2) of the Trust Accounts Act 1973 requires a trustee to lodge with the department, prescribed security in relation to moneys held in the trust account of the public accountant. As the department performs only a custodial role in respect of administering these securities, they are not recognised in the financial statements but are disclosed in these notes for the information of users. The total value of securities held for 118 trustees as at 30 June 2019 is $1, 163,898 (2018: $1,086,843). F2-3 AGENCY TRANSACTIONS The department acts as an agent in the collection and distribution of unpaid infringement fines and court ordered monetary amounts for various external parties including other Queensland Government departments and agencies (such as the Motor Accident Insurance Commission), Commonwealth agencies, Local Government bodies, Universities and individuals. Fees of $0.12 million (2018: $0.21 million) were earned by the department for providing these agency services. This amount is accounted for in controlled user charges (Note B1-2). 2019 2018 $'000 $'000 Balance 1 July 4,680 4,223 Collections 24,029 30,425 Distributions to principals (24,585) (29,968) Balance 30 June 4,124 4,680 47 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019 SECTION 7 OTHER INFORMATION G1 KEY MANAGEMENT PERSONNEL DISCLOSURES Details of Key Management Personnel (KMP) The department's responsible Minister is identified as part of the department's KMP, consistent with additional guidance included in the revised version of AASB 124 Related Party Disclosures. That Minister is the Attorney-General and Minister for Justice. The following details for non-Ministerial KMP reflect those departmental positions that had authority and responsibility for planning, directing and controlling the activities of the department during 2018-19 and 2017-18. Further information on these positions can be found in the body of the Annual Report under the section relating to Board of Management. Position Position Responsibility The Director-General is responsible for the services delivered by the Department of Di rector-General Justice and Attorney-General, providing justice-related services to the community, which are supported and enabled by our justice capability to achieve the agency's vision: Justice for all through safe, fair and responsible communities. The Deputy Director-General is responsible for the efficient, effective and economic Deputy Director-General, Justice Services administration of justice services within the department and supports the achievement of the departmental objectives to improve the administration of Queensland's justice system and protect the rights and interests of Queenslanders. The Deputy Director-General is responsible for the efficient, effective and economic Deputy Director-General, Liquor, Gaming and Fair Trading administration of liquor, gaming and fair trading services within the department, ensuring the departmental objective to improve safety and fairness for Queensland businesses and consumers is met. The Commissioner is responsible for the management of Queensland Corrective Commissioner, Queensland Corrective Services * Services, providing advice, leadership and coordination for correctional interventions. The Assistant Director-General is responsible for the efficient, effective and Assistant Director-General, Youth Justice** economic administration of youth justice services. The Assistant Director-General is responsible for the efficient, effective and Assistant Director-General, Corporate Services economic administration of corporate services supporting the department to meet its' goals and objectives. Assistant Director-General, Strategic Policy and Legal The Assistant Director-General is responsible for the efficient, effective and Services economic administration of strategic policy and legal services within the department. The Crown Solicitor is responsible for resolving conflict of interests when Crown Law Crown Solicitor is representing and setting the professional and ethical standards of the legal practice. The Director of Public Prosecutions has the primary function of prosecuting on behalf of the State of Queensland people charged with criminal offences in the High Court Director of Public Prosecutions of Australia, Court of Appeal, Supreme Court, District Court, Childrens Court of Queensland, Magistrates Court (Limited) and Mental Health Court. The Executive Director, Financial Services is responsible for direction of the efficient, Executive Director, Financial Services effective and economic financial administration of the department. * Position transferred to Queensland Corrective Services effective 1 January 2018 **Position transferred to the Department of Child Safety, Youth and Women effective 1 January 2018 48 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019 G1 KEY MANAGEMENT PERSONNEL DISCLOSURES (continued) KMP Remuneration Policies Ministerial remuneration entitlements are outlined in the Legislative Assembly of Queensland's Members' Remuneration Handbook. The department does not bear any cost of remuneration of Ministers. The majority of Ministerial entitlements are paid by the Legislative Assembly, with the remaining entitlements being provided by Ministerial Services Branch within the Department of the Premier and Cabinet. As all Ministers are reported as KMP of the Queensland Government, aggregate remuneration expenses for all Ministers is disclosed in the Queensland General Government and Whole of Government Consolidated Financial Statements for the 2018-19 financial year, which are published as part of Queensland Treasury's Report on State Finances. Remuneration policy for the department's other KMP is set by the Queensland Public Service Commission as provided for under the Public Service Act 2008. Individual remuneration and other terms of employment (including motor vehicle entitlements) are specified in employment contracts. Remuneration expenses for those KMP comprise the following components: Short-term employee expenses including: • salaries, allowances and leave entitlements earned and expensed for the entire year, or for that part of the year during which the employee occupied a KMP position; and • non-monetary benefits - consisting of provision of vehicle parking together with fringe benefits tax applicable to the benefit. Long term employee expenses include amounts expensed in respect of long service leave entitlements earned. Post-employment expenses include amounts expensed in respect of employer superannuation obligations. Termination benefits include payments in lieu of notice on termination and other lump sum separation entitlements (excluding annual and long service leave entitlements) payable on termination of employment or acceptance of an offer of termination of employment. Remuneration Expenses The following disclosures focus on the expenses incurred by the department attributable to non-Ministerial KMP during the respective reporting periods. The amounts disclosed are determined on the same basis as expenses recognised in the Statement of Comprehensive Income. 2018-19 Long Term Short Term Post Employment Employee Termination Benefits Total Expenses Employee Expenses Expenses Expenses Position Non- Monetary Monetary Expenses $'000 $'000 $'000 $'000 Benefits $'000 $'000 Director-General 418 3 9 56 - 486 Deputy Director-General, Justice 247 3 5 27 282 Services - Deputy Director-General, Liquor, Gaming and Fair Trading (Acting 140 2 3 14 - 159 from 10/12/2018) Deputy Director-General, Liquor, Gaming and Fair Trading (to 114 1 2 13 - 130 9/12/2018) Assistant Director-General, 235 3 5 26 269 Corporate Services - Assistant Director-General, Strategic Policy and Legal 219 3 5 24 - 251 Services Crown Solicitor 316 3 7 35 - 361 Director of Public Prosecutions 443 3 9 54 - 509 Executive Director, Financial Services (Acting from 25/3/2019 51 1 1 5 - 58 to 26/4/2019, Appointed 27/4/2019) Executive Director, Financial 150 1 3 16 170 Services (to 24/3/2019) - 49 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019 G1 KEY MANAGEMENT PERSONNEL DISCLOSURES (continued) 2017-18 Long Term Short Term Post Employment Employee Termination Benefits Total Expenses Employee Expenses Expenses Expenses Position Non- Monetary Monetary Expenses $'000 $'000 $'000 $'000 Benefits $'000 $'000 Director-General 429 4 9 54 - 496 Deputy Director-General, Justice 242 3 5 27 - 277 Services Deputy Director-General, Liquor, 245 4 5 28 - 282 Gaming and Fair Trading Commissioner, Queensland Corrective Services (from 86 1 1 4 - 92 13/11/2017) * Commissioner, Queensland Corrective Services (Acting from 86 2 2 8 - 98 817 /17 to 12/11 /17) Commissioner, Queensland Corrective Services (ceased 4 - - 1 - 5 9/7/17) Assistant Director-General, 110 3 2 13 128 Youth Justice** - Assistant Director-General, 235 3 5 25 - 268 Corporate Services Assistant Director-General, Strategic Policy and Legal 53 1 1 6 - 61 Services (from 9/4/18) Assistant Director-General, Strategic Policy and Legal 172 2 4 19 - 197 Services (Acting to 8/4/18) Crown Solicitor 282 3 1 33 - 319 Director of Public Prosecutions 380 3 9 53 - 445 Executive Director, Financial 203 3 4 21 - 231 Services *Position transferred to Queensland Corrective Services effective 1 January 2018 **Position transferred to the Department of Child Safety, Youth and Women effective 1 January 2018 50 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019 G2 RELATED PARTY TRANSACTIONS Transactions with people/entities related to KMP Based upon KMP declarations, there have been no transactions with related parties that have materially affected the agency's operating result and/or financial position. Transactions with other Queensland Government-controlled entities The department's primary ongoing sources of funding from Government for its services are appropriation revenue (Note 81-1) and equity injections (C9-1 and C9-2), both of which are provided in cash via Queensland Treasury. The department provides grants to Legal Aid Queensland, Crime and Corruption Commission, Anti-Discrimination Commission Queensland, Office of the Information Commissioner and the Queensland Family and Child Commission (Note F1-6). The department receives property tenancy and maintenance services from the Department of Housing and Public Works. G3 FIRST YEAR APPLICATION OF NEW ACCOUNTING STANDARDS OR CHANGE IN ACCOUNTING POLICY Changes in Accounting Policies - AASB 9 Financial Instruments The department applied AASB 9 Financial Instruments for the first time in 2018-19. Comparative information for 2017-18 has not been restated and continues to be reported under AASB 139 Financial Instruments: Recognition and Measurement. The nature and effect of the changes as a result of adoption of this new accounting standard are described below. Classification and measurement Under AASB 9, debt instruments are categorised into one of three measurement bases - amortised cost, fair value through other comprehensive income or fair value through profit or loss. The classification is based on two criteria: • whether the financial asset's contractual cash flows represent 'solely payments of principal and interest', and • the department's business model for managing the assets. The department's debt instruments comprise of receivables disclosed in Note C2. They were classified as Receivables as at 30 June 2018 (under AASB 139) and were measured at amortised cost. These receivables are held for collection of contractual cash flows that are solely payments of principal and interest. As such, they continue to be measured at amortised cost beginning 1 July 2018. AASB 9 measurement category (Balance at 1 July 2018) AASB 139 Measurement Category Balance at Amortised 30 June 2018 Cost $'000 $'000 Controlled Receivables * 36,066 36,174 Administered Receivables * 33,214 26,730 *The change in carrying amount is due to additional impairment allowance. 51 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Notes to the Financial Statements for the year ended 30 June 2019 G3 FIRST YEAR APPLICATION OF NEW ACCOUNTING STANDARDS OR CHANGE IN ACCOUNTING POLICY (continued) Impairment AASB 9 requires the loss allowance to be measured using a forward-looking expected credit loss approach, replacing AASB 139's incurred loss approach. AASB 9 also requires a loss allowance to be recognised for all debt instruments other than those held at fair value through profit or loss. On adoption of AASB 9's new impairment model, the department recognised reduced impairment losses of $0.108 million on its trade receivables. This resulted in an increase in opening accumulated surplus of $0.108 million. Below is a reconciliation of the ending impairment allowance under AASB 139 to the opening loss allowance under AASB 9. Controlled AASB9 Impairment Loss allowance measurement allowance Re- 1July2018 AASB 139 Measurement Category category 30 June 2018 measurement $'000 $'000 $'000 Receivables Amortised cost (426) (318) 108 On adoption of AASB 9's new impairment model, the department recognised additional impairment losses of $6.844 million on its administered trade receivables. This resulted in a decrease in opening accumulated surplus of $6.844 million. Below is a reconciliation of the ending administered impairment allowance under AASB 139 to the opening loss allowance under AASB 9. Administered AASB9 Impairment Loss allowance measurement allowance Re- 1 July 2018 AASB 139 Measurement Category category 30 June 2018 measurement $'000 $'000 $'000 Receivables Amortised cost (22,731) (29,575) (6,844) Accounting Standards Applied for the First Time Other than AASB 9 Financial Instruments, which is detailed above, no accounting standards that apply to the department for the first time in 2018-19 have any material impact on the financial statements. G4 TAXATION The department is a State body as defined under the Income Tax Assessment Act 1936 and is exempt from Commonwealth taxation with the exception of Fringe Benefits Tax (FBT) and Goods and Services Tax (GST). FBT and GST are the only taxes accounted for by the Department of Justice and Attorney-General. GST credits receivable from, and GST payable to the ATO, are recognised (refer to Note C2). 52 DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL Management Certificate for the year ended 30 June 2019 These general purpose financial statements have been prepared pursuant to s.62(1) of the Financial Accountability Act 2009 (the Act), section 42 of the Financial and Performance Management Standard 2009 and other prescribed requirements. In accordance with s.62(1 )(b) of the Act we certify that in our opinion: (a) the prescribed requirements for establishing and keeping the accounts have been complied with in all material respects; and (b) the financial statements have been drawn up to present a true and fair view, in accordance with prescribed accounting standards, of the transactions of the Department of Justice and Attorney-General for the financial year ended 30 June 2019 and of the financial position of the department at the end of that year; and The Director-General, as the Accountable Officer of the department, acknowledges responsibility under s.8 and s.15 of the Financial and Performance Management Standard 2009 for the establishment and maintenance, in all material respects, of an appropriate and effective system of internal controls and risk management processes with respect to financial reporting throughout the reporting period. Afcad- Corynne Scott CPA David Mackie Executive Director, Financial Services Director-General 28 August 2019 53 • Queensland • • Audit Office Better public services INDEPENDENT AUDITOR'S REPORT To the Accountable Officer of the Department of Justice and Attorney-General Report on the audit of the financial report Opinion I have audited the accompanying financial report of the Department of Justice and Attorney General. In my opinion, the financial report: a) gives a true and fair view of the department's financial position as at 30 June 2019, and its financial performance and cash flows for the year then ended b) complies with the Financial Accountability Act 2009, the Financial and Performance Management Standard 2009 and Australian Accounting Standards. The financial report comprises the statement of financial position and statement of assets and liabilities by major departmental service as at 30 June 2019, the statement of comprehensive income, statement of changes in equity, statement of cash flows and statement of comprehensive income by major departmental service for the year then ended, notes to the financial statements including summaries of significant accounting policies and other explanatory information, and the management certificate. Basis for opinion I conducted my audit in accordance with the Auditor-General of Queensland Auditing Standards, which incorporate the Australian Auditing Standards. My responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Report section of my report. I am independent of the department in accordance with the ethical requirements of the Accounting Professional and Ethical Standards Board's APES 110 Code of Ethics for Professional Accountants (the Code) that are relevant to my audit of the financial report in Australia. I have also fulfilled my other ethical responsibilities in accordance with the Code and the Auditor-General of Queensland Auditing Standards. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my opinion. Queensland • Audit Office •• Better public services Key audit matters Indexation Valuation of Land and Buildings ($1, 126.35 million as at 30 June 2019) Refer to notes C4-4 and 01-2 in the financial report Key audit matter How my audit addressed the key audit matter Department of Justice and the Attorney-General My procedures for Land and Buildings included, specialised buildings were measured at fair value but were not limited to: at balance date using the current replacement For assets indexed: cost method. • Assessing the adequacy of management's The department performs a comprehensive review of the valuation process. revaluation of all building assets on a 5 year • Obtaining an understanding of the rotational basis using independent valuers and methodology used and assessing its design, uses indexation in the intervening years. integrity and appropriateness using common The current replacement cost method comprises: industry practices. • gross replacement cost, less • Assessing the competence, capability and • accumulated depreciation. objectivity of the experts used by the The department derived the gross replacement department. cost of its buildings at balance date using unit • Evaluating the reasonableness of the indices prices that required significant judgements for: used against other publicly available • identifying the components of buildings with information about movements in values for separately identifiable replacement costs replacement costs of similar assets. (known as unit rate categories) • Ensuring indices have been correctly applied • developing a unit rate for each of these to the asset class. components, including: For all assets: estimating the current cost for a modern Evaluating useful life estimates for substitute (including locality factors and reasonableness by: oncosts), expressed as a rate per unit Reviewing management's annual identifying whether the existing building assessment of useful lives contains obsolescence or less utility At an aggregated level, reviewing for compared to the modern substitute, and consistency between renewal budgets if so estimating the adjustment to the unit and the gross replacement cost of assets rate required to reflect this difference. due to expire during the renewal budget • indexing unit rates for subsequent increases period. in input costs Reviewing formal asset management • forecasting the remaining useful lives of plans, and enquiring of management assets. about whether these plans remain The measurement of accumulated depreciation current involved significant judgements for: Reviewing for assets with an inconsistent • estimating residual values relationship between condition and remaining useful life. • forecasting the remaining useful lives of assets. • Queensland • • Audit Office Better p ublic services Responsibilities of the department for the financial report The Accountable Officer is responsible for the preparation of the financial report that gives a true and fair view in accordance with the Financial Accountability Act 2009, the Financial and Performance Management Standard 2009 and Australian Accounting Standards, and for such internal control as the Accountable Officer determines is necessary to enable the preparation of the financial report that is free from material misstatement, whether due to fraud or error. The Accountable Officer is also responsible for assessing the department's ability to continue as a going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of accounting unless it is intended to abolish the department or to otherwise cease operations. Auditor's responsibilities for the audit of the financial report My objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes my opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of this financial report. As part of an audit in accordance with the Australian Auditing Standards, I exercise professional judgement and maintain professional scepticism throughout the audit. I also: • Identify and assess the risks of material misstatement of the financial report, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for my opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for expressing an opinion on the effectiveness of the department's internal control. • Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by the department. • Conclude on the appropriateness of the department's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the department's ability to continue as a going concern. If I conclude that a material uncertainty exists, I am required to draw attention in my auditor's report to the related disclosures in the financial report or, if such disclosures are inadequate, to modify my opinion. I base my conclusions on the audit evidence obtained up to the date of my auditor's report. However, future events or conditions may cause the department to cease to continue as a going concern. • Queensland • • Audit Office Better public services • Evaluate the overall presentation, structure and content of the financial report, including the disclosures, and whether the financial report represents the underlying transactions and events in a manner that achieves fair presentation. I communicate with the Accountable Officer regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that I identify during my audit. From the matters communicated with the Accountable Officer, I determine those matters that were of most significance in the audit of the financial report of the current period and are therefore the key audit matters. I describe these matters in my auditor's report unless law or regulation precludes public disclosure about the matter or when, in extremely rare circumstances, I determine that a matter should not be communicated in my report because the adverse consequences of doing so would reasonably be expected to outweigh the public interest benefits of such communication. In accordance with s.40 of the Auditor-General Act 2009, for the year ended 30 June 2019: a) I received all the information and explanations I required. b) In my opinion, the prescribed requirements in relation to the establishment and keeping of accounts were complied with in all material respects. 29 August 2019 John Welsh Queensland Audit Office as delegate of the Auditor-General Brisbane Appendix 2 2018–19 Annual Report performance Service standards and 2014–15 2015–16 2016–17 2017–18 2018–19 2018–19 Actual Actual Actual Actual Target Actual other measures Notes Justice Services Service: Courts and Tribunals Supreme Court—Court of Appeal1 Backlog indicator (greater than 24 months) per cent Civil law - 3% 3.8% 0.7% 1.1% 5% 0.8% Criminal law - 0.4% 0% 2.5% 2.8% 5% 1.8% Clearance rate (finalisations/lodgements) per cent Civil law 2 75.5% 127% 90.1% 125.7% 100% 89.3% Criminal law 2 94.4% 106.6% 104.2% 90.9% 100% 95.3% Supreme Court—Trial Division Backlog indicator (greater than 24 months) per cent Civil law - 7.2% 7.6% 7% 7.2% 5% 9.1% Criminal law 3 2.8% 1.3% 2.2% 3.1% 5% 4.3% Clearance rate (finalisations/lodgements) per cent Civil law - 101.7% 103.5% 93.5% 99.9% 100% 97.9% Criminal law 3 90.8% 87.4% 87.5% 110.9% 100% 100.5% District Court Backlog indicator (greater than 24 months) per cent Civil law - 4.2% 3.9% 4.1% 4.2% 5% 4.9% Criminal law 3 2.2% 4% 3.4% 4.4% 5% 4.4% Clearance rate (finalisations/lodgements) per cent Civil law - 100.7% 103.2% 99.7% 101% 100% 106.4% Criminal law 3 96.9% 94.9% 97.6% 95.6% 100% 98.8% District Court—Appeals1 Backlog indicator (greater than 24 months) per cent Civil law 4 9.8% 9.3% 17.5% 11.4% 5% 17.1% Criminal law 3 4.8% 8.9% 8.3% 7% 5% 9% Clearance rate (finalisations/lodgements) per cent Civil law 5 91.8% 97.5% 88.1% 90.9% 100% 88.9% Criminal law 3 91.1% 103.7% 102.5% 100.5% 100% 95.6% Department of Justice and Attorney-General | Annual Report | 2018–19 189 FINANCIALS—APPENDICES Service standards and 2014–15 2015–16 2016–17 2017–18 2018–19 2018–19 Actual Actual Actual Actual Target Actual other measures Notes Magistrates Court Backlog indicator (greater than 12 months) per cent Civil law 6 10.6% 9.4% 8.2% 10.4% 7.5% 10.6% Criminal law 3 11.7% 11.9% 14.5% 13% 10.5% 13% Clearance rate (finalisations/lodgements) per cent Civil law - 104.8% 102.9% 96.2% 103.6% 100% 102.1% Criminal law 3 97.4% 95.9% 100.4% 101.1% 100% 98.6% Childrens Court7 Backlog indicator (greater than 12 months) per cent Civil law 8, 10 11.3% 11.8% 14.8% 17% 8% 15% Criminal law 3 9.9% 8.3% 6.3% 4.1% 7% 7.4% Clearance rate (finalisations/lodgements) per cent Civil law 9, 10 98.4% 98.3% 91.9% 98.4% 100% 91.3% Criminal law 3 100% 99.1% 95.6% 92.3% 100% 98.9% Coroners Court Backlog indicator (greater than 24 months) 11 12% 13.6% 16.6% 17.7 3% 5% 17.58% per cent Clearance rate (finalisations/lodgements) - 93% 100.5% 89.7% 93.14% 100% 101.09% per cent Land Court and Tribunals Backlog indicator (greater than 24 months) 10, 12 9% 7% 5% 14% 5% 17% per cent Clearance rate (finalisations/lodgements) - 113% 95% 105% 103% 100% 103.7% per cent Queensland Civil and Administrative Tribunal Overall client satisfaction with services - 71% 82% 82% 81% 80% 82% provided Clearance rate (finalisations/lodgements) - 109% 100% 96% 100% 100% 96% per cent Body Corporate and Community Management13 Percentage of conciliations where an 14 - 72.8% 70.5% 64.9% 65% 68.5% agreement has been reached Clearance rate (finalisations/lodgements) 15 99% 102% 95% 103% 95% 98% per cent 190 Department of Justice and Attorney-General | Annual Report | 2018–19 Service standards and 2014–15 2015–16 2016–17 2017–18 2018–19 2018–19 Actual Actual Actual Actual Target Actual other measures Notes Service: Dispute Resolution13 Agreement rate per cent Civil law - 52% 57% 59% 61% 57% 61% —mandatory mediations for QCAT Civil law - 89% 88% 86% 80% 85% 86% —voluntary community mediations Criminal law - 99% 100% 99% 98% 95% 98% Compliance with criminal law mediation 16 - - - 95% 80% 98% agreements Overall client satisfaction with court ordered conferencing (child protection) Parents - 89% 86% 87% 90% 85% 91% Professional - 98% 97% 94% 93% 85% 94% Percentage of matters finalised within target timeframes Civil mediations (40 days) - - 86% 83% 86% 85% 84% Criminal mediations (65 days) - - 57% 70.5% 68% 70% 63% Child protection conferencing (individual - - 99% 98% 99% 95% 99% conference dates set by the courts) Service: Registration of births, deaths, marriages and name changes Percentage of accurate registration of life 17 - 97% 98% 99% 100% 99% events Average time to register life events (days): Births - 7.1 4.9 4.9 2.7 6 3.7 Marriages - 5.1 4.3 2.9 2.3 5 3.1 Deaths - 1.2 2.4 2.5 2.2 2 2.1 Changes of name 18 4.2 5.8 7.6 3.8 7 1.1 Average time to issue life event certificates - 4.4 5.5 4.4 4 4.5 4.2 (days) Average cost per life event registration 19 - - - - $38 $35.06 Service: Victims of crime assistance13 Percentage of clients satisfied with the overall service for financial assistance and - - - 94% 93.01% 90% 92.31% LinkUp Rate of internal reviews received for - - - 2% 1.6% <2% 1.06% finalised assessments for the period Average length of time (calendar days) for financial assistance applications to be assessed: Interim assessments 20 15.48 21.2 16.5 11.7 21 11.24 Funeral assessments 20 12.63 11.2 13.6 6.02 15 14.49 General assessments 20 71.5 51.8 64.9 64.31 80 54.94 Department of Justice and Attorney-General | Annual Report | 2018–19 191 FINANCIALS—APPENDICES Service standards and 2014–15 2015–16 2016–17 2017–18 2018–19 2018–19 Actual Actual Actual Actual Target Actual other measures Notes Service: Public Guardianship Percentage of Community Visitor (adult) sites visited in accordance with the 21 91% 88.7% 92.4% 91.6% 90% 94.9% designated visiting schedule Percentage of vulnerable children at visitable sites visited by Community 21, 22 84% 81% 90.1% 85.5% 90% 80.9% Visitors (child) in accordance with the designated visiting schedule Percentage of vulnerable children in visitable homes visited by Community - - - 84.4% 78.6% 80% 82.8% Visitors (child) in accordance with the designated visiting schedule Percentage of guardianship decisions made in consultation with the client/ - - - 98.2% 97.2% 90% 96.8% interested persons Percentage of investigations closed within 9 months from commencement for clients 23, 24 - - - - 80% 70.9% aged 65 or over Service: Blue Card Services Percentage of blue card holder overall satisfaction with blue card application 19, 25 - - - - 85% 93.24% process and service Percentage of Blue Card applications 25, 26, with no criminal history processed within - - - 95.8% 85% 99.35% 27 28 days Average processing cost per outcome (excluding assessment of police or 19 - - - - $27.47 $24.88 disciplinary information) Percentage of Blue Card applications with 26 - - - 91.39% 90% 94.05% criminal history processed within 4 months 192 Department of Justice and Attorney-General | Annual Report | 2018–19 NOTES 1. Supreme Court of Appeal and District Court of Appeal measures were 13. The Dispute Resolution, Body Corporate and Community Management discontinued from the 2018–19 Service Delivery Statements (SDS). and Victims of crime assistance services were discontinued from the They will continue to be reported in both the DJAG Annual Report and SDS in 2018–19, due to revised departmental performance reporting the related courts annual reports. criteria. The measures within the discontinued services will continue 2. The 2018–19 result is based on small numbers, and therefore subject to be reported internally and in the DJAG Annual Report. to high level of fluctuation. 14. Due to an administrative error, the 2016–17 result was reported 3. The Productivity Commission, which coordinates the Report on incorrectly in the DJAG 2016–17 Annual Report and the DJAG 2017–18 Government Services (RoGs), recently clarified its definition of the Annual Report. The correct result was 70.5%. counting rules, requiring Court Services Queensland to review and 15. Due to an administrative error, the 2016–17 result was incorrectly amend its data to reflect the new definition. To ensure consistency reported in the DJAG 2016–17 Annual Report and DJAG 2017–18 Annual between SDS and RoGs reporting, annual SDS results have been Report. The correct result was 95%. revised for years encompassing 2014–15, up to and including, 16. Adult Restorative Justice Conferencing works with clients to ensure 2017–18. that outcomes agreed to in a Restorative Justice conference are 4. District Court Appeals—Backlog—Civil—This result is based on very generated by the clients, that they are meaningful and appropriate, small numbers. As at 30 June 2019, 13 matters were greater than and that the defendant can reasonably complete the outcomes within 24 months old from date of lodgement. the agreed timeframe. As such, a high rate of compliance is expected. 5. District Court Appeals—Clearance Rate—Civil—This result is driven by 17. This measure was discontinued in the 2018–19 SDS. It will continue to very small numbers. As at 30 June 2019, there were 72 lodgements and be reported in the DJAG Annual Report. 64 finalisations. 18. These major positive results have been achieved through streamlining 6. Due to an administrative error, the result reported for the processes. Magistrates Court—Civil law backlog indicator (greater than 19. This is a new measure introduced in the 2018–19 SDS. 12 months) per cent, in the DJAG 2017–18 Annual Report was incorrect. The correct result was 10.4%. 20. These positive results are due to efficient assessment processes, including rapid assessment of simple matters. 7. In accordance with the RoGS Counting rules, the Childrens Court backlog and clearance rates include both District Court and 21. From 2018–19, the calculation method was revised to count the Magistrates Court criminal matters. number of adult or child sites visited, instead of the number of visits to the sites. Results from previous years are not directly comparable. 8. Due to an administrative error, the result reported for the Childrens Court—Civil law backlog indicator (greater than 12 months) per cent, 22. This result is due to the significant increase in number of visitable in the DJAG 2017–18 Annual Report was incorrect. The correct result sites, placing additional demand for visiting services, with community was 17%. visiting (child) services at full capacity. The increase in child visitable sites is due to a lack of available visitable homes, with children in the 9. The 2015–16 Actual for the Childrens Court—Civil law clearance rate, child protection system being placed in visitable sites instead. This as reported in the DJAG 2017–18 Annual Report was reported as a result is also impacted by the number of children and young people whole number. The figure represented in the DJAG 2018–19 Annual staying longer in watch houses. A number of Community Visitors have Report reflects the same figure to one decimal place for consistency been taken offline to monitor and advocate in the Brisbane City Watch across reporting. The result was 98.3%. House on a twice weekly basis. 10. There are many factors outside the court’s control that can influence 23. This is a new measure for 2018–19, calculating closed investigation how long it takes for a civil matter to be resolved, including the matters of abuse, neglect and exploitation, inadequate or availability of witnesses/legal representatives and the complexity inappropriate decision‑making arrangements related to clients aged of matters. The progression of civil matters is usually directed by the 65 or over. parties involved rather than the court. 24. This result is negatively impacted by the complexity of investigations 11. Factors outside the court’s control influence the court’s ability which fluctuates with each matter, particularly where there are high to finalise cases which impact on the backlog of matters. These levels of family conflict and greater intricacy of an adult’s financial factors include: yearly increases in deaths reported; inability arrangements. to keep pace with the growing overall caseload; reliance of other agencies to provide reports (autopsy, toxicology reports); 25. The positive result was achieved due to the engagement of Queensland Police Service investigation reports awaiting outcomes contractors, overtime, and maintaining the core establishment of staff of other investigative processes (e.g. workplace health and safety numbers to process the significant volume of applications received. investigations), and awaiting outcomes of criminal proceedings 26. This measure was discontinued in the 2018–19 SDS. It will continue to before proceeding to inquest. be reported in the DJAG Annual Report. 12. This negative result is due to 23 active matters that include the same 27. Due to an administrative error, the 2017–18 result was reported parties. Once these matters are finalised, the backlog indicator will incorrectly in the DJAG 2017–18 Annual Report. The correct result reduce significantly. was 95.8%. Department of Justice and Attorney-General | Annual Report | 2018–19 193 FINANCIALS—APPENDICES Service standards and 2014–15 2015–16 2016–17 2017–18 2018–19 2018–19 Actual Actual Actual Actual Target Actual other measures Notes Legal and Prosecutions Service: Legal services to government Overall client satisfaction with services - 4.0 4.5 4.6 4.7 4.5 4.65 provided (feedback rating 1–5) Productivity for chargeable hours 1 96% 98% 97% 100.4% 100% 104% Average revenue earned per day per - - - $1,329 $1,345 $1,360 $1,398 professional author (lawyer) Service: Prosecution services Conviction rate of defendants who are 2 - 90.7% 91.8% 91.8% 80% 91.8% prosecuted on indictment by the ODPP Percentage of indictments signed in under 3 - 62.3% 59.2% 71.9% 60% 73.8% four months from committal Service: Child protection legal services Rate of final child protection orders made by the Childrens Court when determining 4 - - - - 99% 99.95% DCPL child protection applications NOTES 1. This measure was discontinued in the 2015–16 SDS. It continues to be reported in the DJAG Annual Report. 2. A high conviction rate demonstrates that the ODPP has the expertise to appropriately dispose of matters referred for prosecution and therefore meet its obligations to the Queensland community. 3. Additional resources and management intervention aimed at improving ODPP’s responsiveness, have resulted in a significant positive result to the ODPP’s efficiency measure in 2017–18 and has continued in 2018–19. 4. This new performance measure was included in the 2018–19 SDS and reports on the effectiveness of the DCPL in applying for child protection orders, ensuring that the DCPL has only taken action that was warranted in the circumstances for the protection of children. Service standards and 2014–15 2015–16 2016–17 2017–18 2018–19 2018–19 Actual Actual Actual Actual Target Actual other measures Notes Liquor, Gaming and Fair Trading Service: Fair trading Percentage of conciliated consumer - - 91% 85% 82% 80% 83% complaints finalised with a positive outcome Proportion of licensing applications and registration services processed within - 91.36% 99% 98.8% 96% 90% 98% timeframes Percentage of conciliated consumer - - 83% 82% 80% 80% 88% complaints finalised within 30 days Service: Liquor and gaming regulation Percentage of licensees found to have resolved identified issues of 1 - - - 88.3% 80% 91.7% non‑compliance at follow‑up visit Proportion of licensing applications - - 88% 88% 88% 85% 87% processed within timeframes NOTE 1. The high rate of licensees found to have resolved identified issues of non‑compliance can be attributed to a range of factors, the most significant being the nature of the matters being assessed, for example removing offending advertising, and complying with CCTV conditions. 194 Department of Justice and Attorney-General | Annual Report | 2018–19 Appendix 3 Government bodies (Statutory bodies and entities) and appointments1, 2, 3, 4 ›› Anti-Discrimination Commission Queensland5 ›› Appeal Costs Board ›› Council of the Queensland Law Society Incorporated2 ›› Crime and Corruption Commission2 ›› Crime Reference Committee ›› Director of Public Prosecutions2 ›› Director of Child Protection Litigation2 ›› Disaster Appeals Trust Fund Committee ›› Domestic and Family Violence Death Review and Advisory Board2 ›› Electoral Commission of Queensland2 ›› Gambling Community Benefit Committee2 ›› Land Tribunal (Aboriginal) ›› Legal Aid Board2 ›› Legal Practice Committee ›› Legal Practitioners Admissions Board2 ›› Legal Services Commission2 ›› Office of the Information Commissioner2 ›› Professional Standards Council2 ›› Public Advocate2 ›› Public Guardian2 ›› Public Interest Monitor2, 4 ›› Public Trustee of Queensland2 ›› Public Trust Office Investment Board ›› Queensland Civil and Administrative Tribunal2 ›› Queensland Family and Child Commission2 ›› Queensland Law Reform Commission2 ›› Queensland Ombudsman2 ›› Queensland Sentencing Advisory Council2 ›› Registrar-General (and Deputy) of Births, Deaths and Marriages ›› Responsible Gambling Advisory Committee ›› Solicitor-General ›› State Coroner2 ›› Supreme Court Library Committee2 1. Legislation establishing the portfolio’s statutory bodies and authorities is listed in Appendix 4. 2. The statutory bodies/statutory appointments prepare their own annual reports. 3. Additional government bodies information on functions, achievements and remuneration can be found online at http://.governmentbodies.premiers.qld.gov.au 4. The Public Interest Monitor sits under the responsibilities of the Minister for Police and Minister for Corrective Services in accordance with the Police Powers and Responsibilities Act 2000, although elements of the Public Interest Monitor function sit within the responsibilities of the Attorney-General and Minister for Justice under the Crime and Corruption Act 2001. 5. As of 1 July 2019, the Anti-Discrimination Commission Queensland will become the Queensland Human Rights Commission, following the introduction of the Human Rights Act 2019. Department of Justice and Attorney-General | Annual Report | 2018–19 195 FINANCIALS—APPENDICES Appendix 4 Legislation administered by DJAG Area of responsibility: Acts administered: Administration of Justice ›› Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 Part 4, Administrative Reform sections 18-25 (sections 4, 8, 64-67, 70 and 71 jointly administered with the Deputy Premier, Treasurer Births, Deaths and Marriages and Minister for Aboriginal and Torres Strait Islander Partnerships) Censorship ›› Aboriginal Land Act 1991 (sections 62 to 73; Part 19; Coroners sections 286 and 294 as they apply to the provisions of the Act administered by the Minister and relevant Criminal Justice Reform sections relating to the Land Tribunal, Land Court, Land Criminal Proceedings Appeal Court and Supreme Court) ›› Acts Interpretation Act 1954 Dispute Resolution ›› Adoption Act 2009 (Part 14A) › Elections and Referendums › Anti-Discrimination Act 1991 ›› Appeal Costs Fund Act 1973 Individual Rights and Freedoms ›› Attorney-General Act 1999 ›› Australia and New Zealand Banking Group Limited Judges and Magistrates (NMRB) Act 1991 Justices of the Peace and Commissioners for Declarations ›› Australian Consular Officers’ Notarial Powers and Evidence Act 1946 Law Reform ›› Bail Act 1980 ›› Births, Deaths and Marriages Registration Act 2003 Legal Advice and Services to Government ›› Body Corporate and Community Management Act 1997 Legal Aid ›› British Probates Act 1898 ›› Burials Assistance Act 1965 Legal Profession ›› Carruthers Inquiry Enabling Act 1996 Substituted Decision Making ›› Cattle Stealing Prevention Act 1853 ›› Childrens Court Act 1992 Working with Children Check ›› Choice of Law (Limitation Periods) Act 1996 ›› Civil Liability Act 2003 ›› Civil Partnerships Act 2011 ›› Civil Proceedings Act 2011 ›› Classification of Computer Games and Images Act 1995 ›› Classification of Films Act 1991 ›› Classification of Publications Act 1991 ›› Commercial Arbitration Act 2013 ›› Commissions of Inquiry Act 1950 ›› Commonwealth Places (Administration of Laws) Act 1970 ›› Commonwealth Powers (De Facto Relationships) Act 2003 ›› Commonwealth Powers (Family Law-Children) Act 1990 ›› Co-operative Schemes (Administrative Actions) Act 2001 ›› Coroners Act 2003 ›› Corporations (Administrative Actions) Act 2001 196 Department of Justice and Attorney-General | Annual Report | 2018–19 ›› Corporations (Ancillary Provisions) Act 2001 ›› Law Reform Act 1995 ›› Corporations (Commonwealth Powers) Act 2001 ›› Law Reform Commission Act 1968 ›› Corporations (Queensland) Act 1990 ›› Legal Aid Queensland Act 1997 ›› Court Funds Act 1973 ›› Legal Profession Act 2007 ›› Cremations Act 2003 ›› Limitation of Actions Act 1974 ›› Crime and Corruption Act 2001 ›› Magistrates Act 1991 ›› Crimes at Sea Act 2001 ›› Magistrates Courts Act 1921 ›› Criminal Code Act 1899 (including Criminal Code) ›› Maintenance Act 1965 ›› Criminal Code Amendment Act 1922 ›› Neighbourhood Disputes (Dividing Fences and Trees) ›› Criminal Law Amendment Act 1892 Act 2011 ›› Criminal Law Amendment Act 1894 ›› Oaths Act 1867 ›› Criminal Law Amendment Act 1945 ›› Ombudsman Act 2001 ›› Criminal Law (Historical Homosexual Convictions ›› Peace and Good Behaviour Act 1982 Expungement) Act 2017 ›› Peaceful Assembly Act 1992 ›› Criminal Law (Rehabilitation of Offenders) Act 1986 ›› Penalties and Sentences Act 1992 ›› Criminal Law (Sexual Offences) Act 1978 ›› Personal Injuries Proceedings Act 2002 ›› Criminal Proceeds Confiscation Act 2002 ›› Powers of Attorney Act 1998 ›› Crown Proceedings Act 1980 ›› Printing and Newspapers Act 1981 ›› Dangerous Prisoners (Sexual Offenders) Act 2003 ›› Prisoners International Transfer (Queensland) Act 1997 ›› Defamation Act 2005 ›› Prisoners (Interstate Transfer) Act 1982 ›› Director of Child Protection Litigation Act 2016 ›› Professional Standards Act 2004 ›› Director of Public Prosecutions Act 1984 ›› Property Law Act 1974 ›› Disposal of Unexecuted Warrants Act 1985 ›› Public Guardian Act 2014 ›› Dispute Resolution Centres Act 1990 ›› Public Interest Disclosure Act 2010 ›› District Court of Queensland Act 1967 ›› Queensland Civil and Administrative Tribunal Act 2009 ›› Domicile Act 1981 ›› Recording of Evidence Act 1962 ›› Drugs Misuse Act 1986 (except to the extent ›› Referendums Act 1997 administered by the Minister for Agricultural Industry ›› Regulatory Offences Act 1985 Development and Fisheries) ›› Retail Shop Leases Act 1994 ›› Electoral Act 1992 ›› Right to Information Act 2009 ›› Electronic Transactions (Queensland) Act 2001 ›› Solicitor-General Act 1985 ›› Evidence Act 1977 ›› Standard Time Act 1894 ›› Evidence and Discovery Act 1867 ›› State Penalties Enforcement Act 1999 (to the extent ›› Evidence (Attestation of Documents) Act 1937 that it is relevant to the prescription of offences as ›› Evidence on Commission Act 1988 infringement notice offences) ›› Family and Child Commission Act 2014 ›› Status of Children Act 1978 ›› Federal Courts (State Jurisdiction) Act 1999 ›› Succession Act 1981 ›› Financial Transaction Reports Act 1992 ›› Succession to the Crown Act 2013 ›› Guardianship and Administration Act 2000 ›› Supreme Court Library Act 1968 ›› Human Rights Act 2019 ›› Supreme Court of Queensland Act 1991 ›› Imperial Acts Application Act 1984 ›› Surrogacy Act 2010 ›› Information Privacy Act 2009 ›› Telecommunications Interception Act 2009 ›› Invasion of Privacy Act 1971 ›› Terrorism (Commonwealth Powers) Act 2002 ›› Judges (Pensions and Long Leave) Act 1957 (except ›› Torres Strait Islander Land Act 1991 (sections 190 to the extent administered by the Deputy Premier, and 197 as they apply to the provisions of the Act Treasurer and Minister for Aboriginal and Torres Strait administered by the Minister and relevant sections Islander Partnerships) relating to the Land Court and Supreme Court) ›› Judicial Remuneration Act 2007 ›› Trust Accounts Act 1973 ›› Judicial Review Act 1991 ›› Trustee Companies Act 1968 ›› Jurisdiction of Courts (Cross-vesting) Act 1987 ›› Trusts Act 1973 ›› Jury Act 1995 ›› Vexatious Proceedings Act 2005 ›› Justice and Other Information Disclosure Act 2008 ›› Victims of Crime Assistance Act 2009 ›› Justices Act 1886 ›› Witness Protection Act 2000 ›› Justices of the Peace and Commissioners for ›› Working with Children Check (Risk Management and Declarations Act 1991 Screening) Act 2000 ›› Land Court Act 2000 Department of Justice and Attorney-General | Annual Report | 2018–19 197 FINANCIALS—APPENDICES Area of responsibility: Acts administered: Casinos ›› Agents Financial Administration Act 2014 ›› All Saints Church Lands Act 1924 Fair trading and consumer protection ›› All Saints Church Lands Act 1960 Incorporation of associations and co-operatives ›› Anglican Church of Australia Act 1895 ›› Anglican Church of Australia Act 1895 Amendment Liquor licensing Act 1901 › Lotteries, keno and wagering › Anglican Church of Australia Act 1977 ›› Anglican Church of Australia Constitution Act 1961 Machine gaming ›› Anglican Church of Australia (Diocese of Brisbane) Property Act 1889 Occupational licensing including auctioneers, real estate ›› Ann Street Presbyterian Church Act 1889 agents, commercial agents, motor dealers, pawnbrokers › and security providers › Associations Incorporation Act 1981 ›› Bishopsbourne Estate and See Endowment Trusts Registration of charitable and community purpose Act 1898 organisations ›› Boonah Show Ground Act 1914 ›› Breakwater Island Casino Agreement Act 1984 ›› Brisbane Casino Agreement Act 1992 ›› Building Units and Group Titles Act 1980 (Parts 4 and 5; sections 121 to 125; sections 127 to 132; Schedules 2, 3 and 4; sections 5, 5A, 119, 133 and 134 jointly administered with the Minister for Natural Resources, Mines and Energy) ›› Business Names (Commonwealth Powers) Act 2011 ›› Cairns Casino Agreement Act 1993 ›› Casino Control Act 1982 ›› Charitable and Non-Profit Gaming Act 1999 ›› Charitable Funds Act 1958 ›› Chinese Temple Society Act 1964 ›› Churches of Christ, Scientist, Incorporation Act 1964 ›› Collections Act 1966 ›› Cooperatives Act 1997 ›› Credit (Commonwealth Powers) Act 2010 ›› Credit (Rural Finance) Act 1996 ›› Debt Collectors (Field Agents and Collection Agents) Act 2014 ›› Disposal of Uncollected Goods Act 1967 ›› Factors Act 1892 ›› Fair Trading Act 1989 ›› Fair Trading Inspectors Act 2014 ›› Funeral Benefit Business Act 1982 ›› Gaming Machine Act 1991 (except to the extent administered by the Deputy Premier, Treasurer and Minister for Aboriginal and Torres Strait Islander Partnerships) ›› Guides Queensland Act 1970 ›› Interactive Gambling (Player Protection) Act 1998 ›› Introduction Agents Act 2001 ›› Jupiters Casino Agreement Act 1983 ›› Keno Act 1996 198 Department of Justice and Attorney-General | Annual Report | 2018–19 ›› Land Sales Act 1984 Area of responsibility: ›› Liquor Act 1992 Public Trustee ›› Lotteries Act 1997 ›› Mercantile Act 1867 ›› Motor Dealers and Chattel Auctioneers Act 2014 Acts administered: ›› Partnership Act 1891 ›› Public Trustee Act 1978 ›› Personal Property Securities (Ancillary Provisions) Act 2010 ›› Personal Property Securities (Commonwealth Powers) Act 2009 ›› Presbyterian Church of Australia Act 1900 ›› Presbyterian Church of Australia Act 1971 ›› Property Occupations Act 2014 ›› Queen’s Wharf Brisbane Act 2016 (except to the extent administered by the Minister for Innovation and Tourism Industry Development and Minister for the Commonwealth Games) ›› Queensland Congregational Union Act 1967 ›› Queensland Temperance League Lands Act 1985 ›› Returned & Services League of Australia (Queensland Branch) Act 1956 ›› Returned Servicemen’s Badges Act 1956 ›› Roman Catholic Church (Corporation of the Sisters of Mercy of the Diocese of Cairns) Lands Vesting Act 1945 ›› Roman Catholic Church (Incorporation of Church Entities) Act 1994 ›› Roman Catholic Church Lands Act 1985 ›› Roman Catholic Church (Northern Lands) Vesting Act 1941 ›› Roman Catholic Relief Act 1830 ›› Sale of Goods Act 1896 ›› Sale of Goods (Vienna Convention) Act 1986 ›› Salvation Army (Queensland) Property Trust Act 1930 ›› Scout Association of Australia Queensland Branch Act 1975 ›› Sea-Carriage Documents Act 1996 ›› Second-hand Dealers and Pawnbrokers Act 2003 ›› Security Providers Act 1993 ›› Storage Liens Act 1973 ›› TAB Queensland Limited Privatisation Act 1999 ›› Tattoo Parlours Act 2013 ›› Tourism Services Act 2003 ›› United Grand Lodge of Antient Free and Accepted Masons of Queensland Trustees Act 1942 ›› Uniting Church in Australia Act 1977 ›› Wagering Act 1998 ›› Wesleyan Methodist Trust Property Act 1853 ›› Wesleyan Methodists, Independents, and Baptists Churches Act 1838 ›› Wine Industry Act 1994 Department of Justice and Attorney-General | Annual Report | 2018–19 199 FINANCIALS—APPENDICES Appendix 5 Funding for legal assistance services Legal assistance services provided Service delivery funding to vulnerable and disadvantaged Legal Aid Queensland Queenslanders In 2018–19 LAQ received a total of $132.057 million for The Queensland Government allocates funds from service delivery, comprised of $87.097 million of State the State Budget to Legal Aid Queensland (LAQ) and funding and $44.960 million of Commonwealth funding.1 community organisations (mostly Community Legal Centres [CLCs]) for the delivery of legal assistance services In 2019–20 LAQ will receive $135.982 million, comprised across the State. of $90.102 million of State funding and $45.880 million of Commonwealth funding.2 In 2018–19 LAQ provided close to 304,000 legal assistance services for State law matters, including legal information Community Organisations and referral services, advice and task assistance, duty lawyer services, grants of aid and legal representation. In 2018–19 community organisations were allocated LAQ provides detailed information about its service $20.439 million in combined State and Commonwealth delivery in its annual report. funding to provide free or low‑cost legal services to vulnerable and disadvantaged Queenslanders. In 2018–19 community organisations provided more This included $11.482 million of State funding and than 264,000 legal assistance services with State and $8.957 million of Commonwealth funding. Commonwealth funds allocated by the Queensland Government. In 2019–20 community organisations will receive $21.347 million, including $12.203 million of State funding and $9.144 million of Commonwealth funding. Over $61.50833 million of combined State and Commonwealth funding for service delivery was allocated to individual community organisations (mostly CLCs) over 2017–20 as set out below.4 NOTES To preserve the quality and quantity of legal assistance services, community organisations are to receive indexation on all service delivery funding for the 2017–20 financial years. 1. In 2018–19 the funding amount allocated to LAQ includes funding that other agencies have provided to DJAG to administer to LAQ on their behalf ($0.240 million from OFT and $1.630 million from DCSYW). 2. In 2019–20 the funding amount allocated to LAQ includes funding that other agencies have provided to DJAG to administer to LAQ on their behalf ($0.240 million from OFT and $1.555 million from DCSYW). 3. The Queensland Government also allocates funding to Community Legal Centres Queensland (CLCQ) to deliver peak services. Over 2017–20, CLCQ will receive $935,574. 4. Over 2017–20 funding from other agencies has been provided to DJAG to administer to the CLCs on their behalf, which is not included in the above table. 200 Department of Justice and Attorney-General | Annual Report | 2018–19 Community organisation 2017–20 funding Aboriginal and Torres Strait Islander Women’s Legal Service NQ Inc $1,584,463 Aged and Disability Advocacy Australia Ltd $527,978 Basic Rights Queensland Inc $2,699,120 Bayside Community Legal Service Inc $401,030 Cairns Community Legal Centre Inc $2,147,422 Care Goondiwindi Association Inc $407,643 Carers Queensland Inc $813,203 Caxton Legal Centre Inc $5,607,936 Centacare $516,954 Central Queensland Community Legal Centre Inc $1,729,465 Court Network Inc $1,374,207 DVConnect Ltd $419,092 Encircle Ltd $1,971,515 Environmental Defenders Office (Qld) Inc $310,017 Environmental Defenders Office North Qld Inc $310,017 Gladstone Community Legal Advice Program $400,746 Gold Coast Community Legal Centre and Advice Bureau Inc $2,863,809 Hervey Bay Neighbourhood Centre Inc $1,380,932 LawRight Inc $4,370,890 Legal Aid Queensland (Western Queensland Justice Network) $863,144 LGBTI Legal Service Inc $423,537 Mackay Regional Community Legal Centre Inc $1,255,580 Moreton Bay Regional Community Legal Service Inc $401,030 North Queensland Women’s Legal Service Inc $3,424,655 Nundah Community Support Group Inc $720,268 Prisoners’ Legal Service Inc $1,551,133 Queensland Advocacy Incorporated $1,482,474 Refugee and Immigration Legal Service Inc $2,314,614 South West Brisbane Community Legal Centre Inc $2,751,936 Suncoast Community Legal Service Inc $1,323,611 TASC National Limited $4,857,135 Tenants Queensland Inc $970,707 Townsville Community Legal Service Inc $1,516,415 Women's Legal Service Inc $4,919,287 Youth Advocacy Centre Inc $1,057,116 YFS Ltd $1,838,961 Department of Justice and Attorney-General | Annual Report | 2018–19 201 FINANCIALS—APPENDICES Contingency funding Solicitors’ trust account interest ›› In 2018–19, $500,000 was set aside under the legal The Queensland Government receives interest earned on assistance services program to address emerging funds held in solicitors’ trust accounts in Queensland. community legal needs with a total of $397,000 being expended. Interest revenue in 2018–19 totalled $32.941 million, representing an increase of $2.421 million on 2017–18 › › $200,000 of this contingency funding was redirected interest revenue of $30.520 million and allocated to community organisations for service delivery. The following community organisations were allocated contingency funding: • Townsville Community Legal Service Inc ($150,000) —Townsville flood assistance. • Tenants Queensland Inc ($20,000)—Townsville flood assistance. • Gold Coast Community Legal Centre and Advice Bureau Inc ($16,500)—Establishment of outreach centre at Kirra Hill. • Community Legal Centres Queensland ($10,500)— for support in sector sustainability across the State Project funding The Queensland Government allocates funding for projects that have a legal assistance sector-wide focus or benefit. The projects produce a predetermined product or outcome, have no ongoing costs, and ideally involve collaboration between organisations. In 2018–19, $1,154,500 was available to be allocated from the Queensland Government for projects. This was a combination of funding from both the 2018–19 and 2019–20 financial years. A breakdown of the approved projects is set out below: ›› Research and evaluation projects—$300,000, and ›› Digital projects—$840,500. 202 Department of Justice and Attorney-General | Annual Report | 2018–19 Appendix 6 Funding for legal profession regulation and law library services Legal profession regulation and law library services The Queensland Government allocates funds from the State Budget for the delivery of legal profession regulation and law library services. A breakdown of the funding allocated for these services is set out below. 2018–19 2018–19 2019–20 Specified entity Budget Actual Approved Budget Legal Profession Regulation ›› Legal Services Commission $5.119 million $3.552 million $5.237 million ›› Bar Association of Queensland $0.167 million $0.167 million $0.171 million Supreme Court Library Queensland $3.742 million $ 3.742 million $3.827 million Department of Justice and Attorney-General | Annual Report | 2018–19 203 FINANCIALS—APPENDICES Appendix 7 Disbursement of funds—community benefit Consumer Fund Disaster Appeals Trust Fund Role and membership Committee The Consumer Fund holds money generated by Role and membership fines imposed on financial institutions under the The Disaster Appeals Trust Fund Committee is constituted Credit (Commonwealth Powers) Act 2010. The Office of Fair under the Collections Act 1966. The Committee comprises Trading (OFT) uses these funds to undertake consumer five members. The Public Trustee holds the position of ex engagement, education, research and surveys. officio and the remainder of the Committee is appointed by $22,732 was disbursed from the Fund. No revenue was the Governor in Council. received in 2018–19. The Fund balance was $860,929 as at The Committee manages the Disaster Appeals Trust Fund 30 June 2018 and $838,197 as at 30 June 2019. (the Fund), which is kept by The Public Trustee. Monies from defunct disaster relief appeals can be deposited Activities into the Fund and allocated by the Committee to current disaster relief, subject to the approval of the Governor in No revenue was received in 2018–19. Council. Achievements Activities The Consumer Fund supported the annual Buy Smart There was no activity during 2018–19. competition, the cornerstone of the OFT youth engagement strategy. Young people can face serious risks as consumers and the competition helps them to become financially literate, avoid scams and learn about their consumer rights. During the 2018 program, the OFT spoke to approximately 7,100 school students about consumer rights, scams, budgeting, product safety, and many other topics, resulting in entries being received from more than 750 students across Queensland. 204 Department of Justice and Attorney-General | Annual Report | 2018–19 Responsible Gambling Advisory Gambling Community Benefit Committee Committee Role and membership Role and membership The Responsible Gambling Advisory Committee is The Gambling Community Benefit Fund (GCBF) was a non‑statutory advisory body to the Queensland established in 1994 under the Gaming Machine Act 1991. Government that provides advice on responsible gambling The Fund aims to enhance the capacity of community issues to the Minister responsible for gambling regulation. organisations to provide services and activities to The Committee also provides a forum for the community Queenslanders. The Fund is administered by the Gambling sector, gambling industry and the Queensland Government Community Benefit Committee (the Committee). to work together to develop ethical and responsible approaches to gambling. The Committee comprises 12 members who make funding Membership of the Responsible Gambling Advisory recommendations for approval by the Attorney‑General. Committee includes Gambling Help service providers, the Six funding rounds were approved during 2018–19 gambling industry, community group representatives and including: round 96 (which closed in 2017–18 but was DJAG officers. not approved until the 2018–19 financial year); and the Gambling industry representation occurs through Clubs Commemorative Grants 25th Anniversary Round. Queensland, Queensland Hotels Association, Tabcorp Holdings Ltd, and the Star Entertainment Group. To celebrate 25 years of the Fund, the Queensland Government held a special Commemorative Grants funding Community sector representation is achieved through round awarding 10 grants up to $100,000 and one grant up the Gambling Help Network, the Queensland Council of to $250,000 to eligible not‑for‑profit community groups. Social Service and the Ethnic Communities Council of Queensland. The Queensland Government is represented by the Activities Department of Communities, Disability Services and Seniors, Queensland Health, and DJAG. The Committee held five meetings during 2018–19—four ordinary meetings and one special meeting to review the Activities Commemorative Grants applications. The Committee formally held two meetings during 2018–19. Achievements Achievements 3,355 applications were approved, totalling $71,263,413. Hosted local community and industry representatives in This amount included 11 approved Commemorative Grants Alexandra Hills, Brisbane at the Committee’s meeting held applications, totalling $1,192,410. on 18 October 2018. A Committee working party established to examine gambling self‑exclusion programs in Queensland finalised its review identifying ways to improve the current regime. Considered implications of the latest developments in the gambling industry. Continued to monitor gambling related research to inform relevant policy issues. Department of Justice and Attorney-General | Annual Report | 2018–19 205 FINANCIALS—APPENDICES Appendix 8 Glossary of Acronyms 24/7 24 hours per day, 7 days per week ITIC Information Technology and Innovation ACL Australian Consumer Law Committee ADG Assistant Director-General ITS Information Technology Services ADR Alternative Dispute Resolution JP Justice of the Peace AG Attorney-General JS Justice Services ARMC Audit and Risk Management Committee LAQ Legal Aid Queensland ATSILS Aboriginal and Torres Strait Islander Legal Service LASF Legal Assistance Strategy and Funding unit BCCM Office of the Commissioner for Body Corporate and LGFT Liquor, Gaming and Fair Trading Community Management LPITAF Legal Practitioner Interest on Trust Accounts Fund BCS Blue Card Services NDIS National Disability Insurance Scheme BoM Board of Management ODG Office of the Director-General CCC Crime and Corruption Commission ODPP Office of the Director of Public Prosecutions CCoQ Coroners Court of Queensland OFT Office of Fair Trading CDec Commissioner for Declarations OLGR Office of Liquor and Gaming Regulation CGU Corporate Governance Unit OPA Office of the Public Advocate CJG Community Justice Groups OPG Office of the Public Guardian COAG Council of Australian Governments ORP Office of Regulatory Policy COI Commission of Inquiry PSC Public Service Commission DATSIP Department of Aboriginal and Torres Strait Islander QAO Queensland Audit Office Partnerships QCAT Queensland Civil and Administrative Tribunal DCSYW Department of Child Safety, Youth and Women QDAC Queensland Drug and Alcohol Court DCPL Director of Child Protection Litigation QFCC Queensland Family and Child Commission DDG Deputy Director-General QGAP Queensland Government Agent Program DFV Domestic and Family Violence QLRC Queensland Law Reform Commission DG Director-General QO Queensland Ombudsman DJAG Department of Justice and Attorney-General QPS Queensland Police Service DPSOA Dangerous Prisoners (Sexual Offenders) Act 2003 QSAC Queensland Sentencing Advisory Council DRB Dispute Resolution Branch QUT Queensland University of Technology DTMR Department of Transport and Main Roads RBDM Registry of Births, Deaths and Marriages DVO Domestic Violence Order RSA Responsible Service of Alcohol eDOCS DJAG’s electronic document records management RTI Right to Information system (eDRMS) SMS Short Message Service ESU Ethical Standards Unit SNP Safe Night Precinct FCCP Fraud and Corruption Control Policy SPLS Strategic Policy and Legal Services FMPM Financial Management Practice Manual SRAP Strategic Risk Action Plan FROG Fraud Risk Operational Group TIP Trauma-Informed Practice FSB Financial Services Branch TSA Trained Safety Advisor FTE Full Time Equivalent VAQ Victim Assist Queensland HR Human Resources VoIP Voice over Internet Protocol ICT Information and Communication Technology 206 Department of Justice and Attorney-General | Annual Report | 2018–19 Appendix 9 Glossary of Terms Administrative Arrangements Order On the advice of the Cabinet, the Governor of Queensland appoints Ministers, establishes Queensland Government departments and agencies, and allocates executive responsibility to Ministers through an Administrative Arrangements Order. It is a document issued under the Constitution of Queensland that specifies the responsibilities and legislation administered by Queensland Ministers as part of the ministerial portfolio. Advocacy People and/or organisations who speak and act on behalf of others who have common issues or needs and who are unable to speak or act effectively for themselves. Alcohol-fuelled violence Offensive, abusive or violent behaviour undertaken by a person who has a high‑level of alcohol consumption and/or intoxication, and through whose actions, leads to the harm of another person or persons. Alcohol‑fuelled violence can result in minor, moderate, serious or tragic consequences for both the victim and the perpetrator. App or Application A small, specialised software program designed to perform a specific function directly for the user, and which is downloaded onto mobile devices such as smartphones or tablets. AS/NZ ISO 31000:2009 An international standard which provides principles and generic guidelines on risk management. Blue Card system Queensland’s key prevention and monitoring system of people working with children and young people with the aim of minimising the risk of harm to children and young people by contributing to safe and supportive environments. Cloud or cloud based Applications, services or resources made available to users on demand via the Internet from a cloud computing provider’s servers. Council of Australian Governments The Council of Australian Governments is the ‘peak intergovernmental forum in Australia’. Comprising the federal government, the governments of the six states and two mainland territories and the Australian Local Government Association, it manages governmental relations within Australia’s federal system. Community Justice Groups Community based groups providing support and delivering justice‑related initiatives for Aboriginal and Torres Strait Islander defendants and victims involved in the justice system. CJGs currently operate in 49 communities throughout Queensland. Corporate governance The framework of rules, relationships, systems and processes within, and by which, authority is exercised and controlled within organisations, including Queensland Government departments. Corporate governance encompasses the mechanisms by which the departments and those in authority, are held to account. Discrete Indigenous community This term refers to the following 19 Aboriginal and Torres Strait Islander communities: Aurukun, Bamaga, Cherbourg, Doomadgee, Hope Vale, Injinoo, Kowanyama, Lockhart River, Mornington Island, Mapoon, Napranum, New Mapoon, Palm Island, Pormpuraaw, Seisia, Umagico, Woorabinda, Wujal Wujal, and Yarrabah. Dispute Resolution Branch The Dispute Resolution Branch promotes the development of dispute resolution services as an alternative to going to court, and provides independent assistance to people and/or groups engaged in constructive conflict resolution. Domestic and family violence When one person in an intimate, personal, familial or informal care relationship uses violence or abuse to maintain power and control over another person in the relationship. Drug and Alcohol Court A diversionary court integrating the principles of a drug court program into the existing sentencing framework for Queensland. Defendants deemed eligible and suitable for the Drug and Alcohol Court will be sentenced to a Treatment Order, which consists of two parts, being a custodial part which sentences the offender to up to four years imprisonment, and a rehabilitation part which involves a treatment program for at least two years. Full time equivalents A representative number that is calculated by assessing the hours worked over the financial year by all full-time and part-time employees, and converting this to a corresponding number of employees, as if all staff were full-time. Department of Justice and Attorney-General | Annual Report | 2018–19 207 FINANCIALS—APPENDICES Impaired decision‑making capacity A person is not capable of fully understanding information that may be relevant to the decision, including the consequences; retaining such information, even for a short time; using information to make decisions; and/or communicating the decision to others. Indigenous A person who identifies to be of Aboriginal and/or Torres Strait Islander origin. Information and Communication Technologies Refers to applications, information and technology. Justice system The system of practices and institutions of government directed at upholding law and order in our communities, deterring and mitigating crime, and imposing criminal penalties (including sentences of imprisonment) and/or rehabilitation efforts upon those members of the community who violate laws. Key Performance Indicator A tracking indicator used to measure the achievement of outputs against goals– usually performance against the objectives set out in the strategic plan. Machinery-of-government The interconnected structures and processes of government, such as the functions and accountability of departments in the executive branch of government. A machinery of government change can be the result of a change to the Administrative Arrangements Order, or the movement of responsibilities and functions between government agencies. A machinery of government change can lead to the creation of a new government agency or department, the closure of a government agency or department, and/or the transfer of functions and responsibilities between one government agency or department to another government agency or department. Murri Court Provides an opportunity for members of the Aboriginal and Torres Strait Islander community (including Elders and victims) to participate in a court process that acknowledges and respects Aboriginal and Torres Strait Islander culture. National Disability Insurance Agency The National Disability Insurance Agency is an independent statutory agency whose role is to implement the National Disability Insurance Scheme which will support a better life for Australians with a significant and permanent disability, and for their families and carers. National Disability Insurance Scheme The Australian Government scheme that will support people with a permanent and significant disability, and support their families and carers. The NDIS will provide reasonable and necessary supports to people to live an ordinary life. Not Now, Not Ever Report The Not Now, Not Ever: Putting an end to domestic and family violence in Queensland Report by the Special Taskforce chaired by The Honourable Quentin Bryce, which examined Queensland’s domestic and family violence support systems and made recommendations to the Premier on how the system could be improved, and future incidents of domestic violence could be prevented. Open data Data in its rawest form, made available free of charge to the general public by government departments. Open data portal A collection of agency-owned datasets that allows members of the public to find, access, and re-use raw data from the Queensland Government. Operational plan A document which translates agency objectives (in the strategic plan) into the services (outputs) that it will provide to its clients/stakeholders, and the standards for those services (performance measures). Organised crime Criminal activity involving indictable offences punishable upon conviction by a term of imprisonment of 7 years or more, undertaken by 2 or more persons with substantial planning and organisation or systematic and continuing activity, with the purpose to obtain profit, gain, power or influence. Policy A general principle by which government or an organisation is guided in its overall management. Portfolio The department, or group of departments (including statutory and/or government bodies), for which which a Minister is responsible. Print and Image as a service Print and Imaging as a Service (PIaaS) refers to a whole of government standing offer arrangement for the supply of digital and offset printed products and associated services. Red tape Excessive bureaucratic regulation or rigid conformity to formal rules considered redundant. Reform The transformation of government to be more efficient, achieve value for money, and better outcomes for stakeholders, through legislative, policy, and/or service delivery reform. Residential care Non-family based accommodation and support services funded by government or organisations to provide placement and support for vulnerable adults or children. Restrictive practices Any type of support or practice that limits the rights or freedom of movement of a person with a disability, or an older person (typically in aged care). 208 Department of Justice and Attorney-General | Annual Report | 2018–19 Safe night precincts Precincts having a concentration of licensed premises, where licensees and other stakeholders work together to minimise the risk of alcohol and drug-related harm and associated violence in the precinct. Senior executive service An employee occupying a very senior position within the Queensland government, who is on a fixed term contract for up to five years between the employee and the Director‑General. Their employment conditions are defined by a Directive of the Public Service Commission. Serious crime Refers to an indictable offence for which the maximum penalty is at least 5 years’ imprisonment upon conviction. Service Delivery Statement Budget papers prepared annually on a portfolio basis by agencies reporting to each Minister and the Speaker of Parliament. It provides budgeted financial and non-financial information for the budget year. The SDS sets out the priorities, plans, and financial statements of agencies. Service provider A government agency, business or organisation that supplies expert care or specialised services rather than products. Social investment The voluntary contribution of funding, skills, and resources to projects that deliver benefits to local communities and society. This includes a loan or other financial investment that aims to make a positive economic, social or environmental impact in a community. Specialist courts Courts specifically dedicated to particular subject matters—such as drug and alcohol matters, or domestic and family violence matters. Only matters relating to the specialist area are heard by the court. Stakeholders Individuals, groups, or organisations with specific interest in and/or influence on the work of the department. Also those who are actively involved in a project or program, or whose interests may be positively or negatively affected as a result of the delivery of a project or program. Strategic plan The document which provides the department’s purpose and direction. It outlines the department’s overall objectives (including its contribution to whole‑of‑government objectives, ambitions and targets) and how the department will know if it has achieved those objectives (performance indicators). Tied work Legal work that Cabinet decides is to be done exclusively by Crown Law, such as constitutional law matters or specific types of litigation. Traditional owners/custodians Aboriginal and Torres Strait Islander people with a particular connection and relationship to land and/or water, and who have cultural and traditional obligations and custodial responsibility for that land and/or water. Untied work Legal work that Cabinet decides does not need to be tied to the State, such as commercial work, with exception of special policy or operational significance for a department or agency. Validated identity document For DJAG, this term refers to an official document relating to the registration of births, deaths, marriages, civil partnerships, change of name, and adoptions in Queensland which are issued by the Registry of Births, Deaths and Marriages. Voice over Internet Protocol Voice over Internet Protocol (VoIP), is a technology that allows you to make voice calls using a broadband Internet connection instead of a regular (or analogue) phone line. DJAG is one of many government departments transitioning to VoIP handsets due to the installation of NBN‑ready, fibre optic cabling across Australia. VoIP handsets use the DJAG internet to transmit the speaker’s voice rather than transmit it through old copper wires. Vulnerable child/children A person under the age of 18 years who lacks an appropriate parent, or primary caregiver and who is in need of care or protection. Whole-of-government This term refers to public sector agencies working across portfolio boundaries to achieve a shared goal and an integrated response to particular issues. Wrap-around services A philosophy of care with a customised and defined process used to build constructive relationships and support networks for individuals and their families who are within the justice system. Wrap-around services are generally community‑based, culturally relevant, individualised, strength-based and family‑centred. They are used primarily for the care of children and vulnerable adults. Yarning circle A harmonious, creative and collaborative way of communicating to encourage responsible, respectful and honest interactions between participants, building trusting relationships, fostering accountability, and provide a safe place to be heard and to respond. Young People People aged between 12–25 years. In terms of youth justice, a young person is someone aged 10–17 years at the time of committing an offence. Department of Justice and Attorney-General | Annual Report | 2018–19 209 FINANCIALS—APPENDICES Appendix 10 Compliance checklist Annual report Summary of requirement Basis for requirement reference Letter of compliance ›› A letter of compliance from the ARRs—section 7 Inside front cover accountable officer or statutory body to the relevant Minister/s Accessibility ›› Table of contents ARRs—section 9.1 Page 1 ›› Glossary Pages 206–209 ›› Public availability ARRs—section 9.2 Inside front cover ›› Interpreter service statement Queensland Government Inside front cover Language Services Policy ARRs—section 9.3 ›› Copyright notice Copyright Act 1968 Inside front cover ARRs—section 9.4 ›› Information Licensing QGEA—Information Licensing Inside front cover ARRs—section 9.5 General information ›› Introductory Information ARRs—section 10.1 Page 4 ›› Agency role and main functions ARRs—section 10.2 Page 4 ›› Machinery of Government changes ARRs—section 31 and 32 Not applicable 2018–19 ›› Operating environment ARRs—section 10.3 Pages 12–19 Non-financial performance ›› Government’s objectives for the ARRs—section 11.1 Page 12 community ›› Other whole-of-government plans/ ARRs—section 11.2 Chapters 1 and 2 specific initiatives ›› Agency objectives and performance ARRs—section 11.3 Pages 12, 13, 20, indicators 52, 74, 86 ›› Agency service areas and service ARRs—section 11.4 Page 16 standards Financial performance ›› Summary of financial performance ARRs—section 12.1 Pages 8–11 Governance—management ›› Organisational structure ARRs—section 13.1 Page 17 and structure ›› Executive management ARRs—section 13.2 Pages 90–93 ›› Government bodies (statutory ARRs—section 13.3 Page 195 bodies and other entities) ›› Public Sector Ethics Act 1994 Public Sector Ethics Act 1994 Page 120 ARRs—section 13.4 ›› Queensland public service values ARRs—section 13.5 Page 13 210 Department of Justice and Attorney-General | Annual Report | 2018–19 Annual report Summary of requirement Basis for requirement reference Governance—risk ›› Risk management ARRs—section 14.1 Page 95 management and accountability ›› Audit committee ARRs—section 14.2 Page 94 ›› Internal audit ARRs—section 14.3 Page 96 ›› External scrutiny ARRs—section 14.4 Pages 124–127 ›› Information systems and ARRs—section 14.5 Page 121 recordkeeping Governance—human ›› Strategic workforce planning and ARRs—section 15.1 Pages 99–104 resources performance ›› Early retirement, redundancy and Directive No.04/18 Early Page 104 retrenchment Retirement, Redundancy and Retrenchment ARRs—section 15.2 Open Data ›› Statement advising publication of ARRs—section 16 Page 122 information ›› Consultancies ARRs—section 33.1 https://data.qld. gov.au ›› Overseas travel ARRs—section 33.2 https://data.qld. gov.au ›› Queensland Language Services ARRs—section 33.3 https://data.qld. Policy gov.au Financial statements ›› Certification of financial statements FAA—section 62 Page 184 FPMS—sections 42, 43 and 50 ARRs—section 17.1 ›› Independent Auditor’s Report FAA—section 62 Pages 185–188 FPMS—section 50 ARRs—section 17.2 ARRs Annual report requirements for Queensland Government agencies FAA Financial Accountability Act 2009 FPMS Financial and Performance Management Standard 2009 Department of Justice and Attorney-General | Annual Report | 2018–19 211 Annual Report 2018–2019 Department of Justice and Attorney-General www.justice.qld.gov.au