Department of Justice Annual Report 2O17–2O18

Department of Justice Department of Justice Annual Report 2017–2018 1 A safe, fair and just Tasmania.

2 Department of Justice Annual Report 2017–2018 Department of Justice Office of the Secretary Level 14, 110 Collins St, Hobart GPO Box 825 HOBART TAS 7001

27 September 2018

Hon Peter Gutwein MP Hon Elise Archer MP Guy Barnett MP Roger Jaensch MP Treasurer Attorney-General Minister for Resources Minister for Planning Minister for Local Minister for Justice Minister for Building and Minister for Human Government Minister for Corrections Construction Services Minister for State Growth Minister for Environment Minister for Energy Minister for Housing Minister for the Arts Minister for Veterans’ Affairs

Dear Ministers Annual Report of the Department of Justice for the year ended 30 June 2018. In accordance with the requirements of Section 36 of the State Service Act 2000 and Section 27 of the Financial Management and Audit Act 1990, I have pleasure in presenting the Annual Report for the Department of Justice for the financial year ending 30 June 2018. Please note that this report also includes the reports by the Director, Monetary Penalties Enforcement Service pursuant to Section 121 of the Monetary Penalties Enforcement Act 2005 and the Attorney-General pursuant to Section 31 of the Police Powers (Public Safety) Act 2005.

Kathrine Morgan-Wicks Secretary Department of Justice

Department of Justice Annual Report 2017–2018 Department of Justice Annual Report 2017-18 © Government of Tasmania 2018 Excerpts from this publication may be reproduced, with appropriate acknowledgement, as permitted under the Copyright Act 1968 For further information, please contact: Office of the Secretary GPO Box 825 Hobart TAS 7001 Published October 2017

Department of Justice Annual Report 2017–2018 Contents

Reporting Requirements 4 Message from the Secretary 8 1. About Us 10 2. Report on 2017-2018 Key Deliverables 16 3. Output Group 1: Administration of Justice 22 4. Output Group 2: Legal Services 34 5. Output Group 3: Corrections and Enforcement 40 6. Output Group 4: Regulatory and other services 58 7. Office of the Secretary 72 8. Corporate Support and Strategy 76 9. Climate Change 82 10. Police Powers (Public Safety) 83 11. Right to Information 83 12. Public Interest Disclosures 84 13. Processes for appealing decisions of the Agency 84 14. Legislation Administered by the Department 86 15. Location of Services 90 16. Staffing Information 92 17. Gender Diversity in the Tasmanian State Service 94 18. Superannuation Certificate 97 19. Contracts and Consultancies Awarded 98 20. Debts, Loss and Damage 101 21. Financial Statements 102 22. Notes to and forming part of the Financial Statements 114

Department of Justice Annual Report 2017–2018 3 Reporting requirements

Legislative Reporting Requirements Reports of Statutory Officers

This annual report includes specific information required This annual report contains only a brief outline of the by either statute, the Auditor-General or the Treasurer’s functions of independent statutory officers who are Instructions. subject to separate annual reporting requirements. Readers should refer to the annual reports prepared by In particular, it contains the reports on the functions and these statutory officers for further information. exercise of powers of the Secretary of the Department required by the: A small number of statutory office holders employed in the Agency do not report independently to Parliament, • State Service Act 2000, section 36(1)(c); and their reports are therefore required to be included • State Service Regulations 2011, regulation 9; and in this annual report in accordance with the following • Financial Management and Audit Act 1990, section 27(1). legislative requirements: See the table on the next page for an index of other • State Service Act 2000, Section 36(1)(c); legislative requirements, and where they are found in this • State Service Regulations 2011, Regulation 9; and annual report. • Financial Management and Audit Act 1990, Section 27(1). The relevant officers, and the section in which their reports are included, are listed below: • the Report of the Registrar of Births, Deaths and Marriages is included within section 3; • the Report of the Director of Corrective Services is included within section 5; • the Report of the Director of Consumer Affairs is included within section 6; and • the Report of the Director, Monetary Penalties and Enforcement Service, required under section 121 of the Monetary Penalties Enforcement Act 2005, is included within section 5.

4 Department of Justice Annual Report 2017–2018 Other Reporting Requirements

Requirement Legislation Section of this report Overview of Strategic Plan SSR r9(a(i) Section 1 Organisational chart SSR r9(a(ii) Section 1 Organisational structure and program management structure SSR r9(a(iii) Section 1 relationship Major changes in programs, aims, functions or organisational SSR r9(a)(iv) Section 2 to 7 structure Major initiatives to develop and give effect to Government policy SSR r9(a)(v) Sections 2 to 7 Processes established to ensure employee participation in SSR r9(b)(iv) Section 8 industrial relations matters and any disputes affecting the Agency Occupational health and safety strategies SSR r9(b)(vi) Section 8 Community awareness, services and publications SSR r9(c)(i) Sections 2 to 7 Contact officers and points of public access SSR r9(c)(ii) Sections 1 and 15 Processes for appealing decisions of the Agency SSR r9(c)(iii) Section 13 Legislation administered by the Agency SSR s9(d) Section 14 Contracts and consultancies awarded FMA s23(4), Treasurer’s Instructions Section 19 TI 1111 - Reporting and Disclosure: goods and services and TI 1213 - Reporting and Disclosure: building and construction/roads and bridges Financial Statements FMA s27(1)(c) Section 21 Auditor-General’s Report on Financial Statements FMA s27(1)(c) Section 21 Public Interest Disclosures Public Interest Disclosures Act 2002 s86 Section 12 Right to Information Right to Information Act 2009 S23 Section 11 Superannuation contributions Public Sector Superannuation Reform Act Section 18 1999 s13

SSR = State Service Regulations 2011 FMA = Financial Management and Audit Act 1990 The Department has administrative responsibility for the Police Powers (Public Safety) Act 2005. Section 31 requires the Attorney-General to report to Parliament on any police activities conducted under this Act.This report is included at Section 10 of this report.

Department of Justice Annual Report 2017–2018 5 2017-18 the year in Review

Led the Tasmanian Government’s Commenced the Justice Connect involvement in and response to the project, which will replace outdated Royal Commission into Institutional technologies across the criminal, Responses to Child Sexual Abuse, correctional and civil jurisdictions including the Tasmanian Government’s with a contemporary, integrated commitment to join the National system. Redress Scheme. Developed and implemented Implemented the Expungement legislation and supporting processes of Historical Offences Scheme to for resolving Neighbourhood allow people to make application Disputes About Plants. for charges relating to historical homosexual or cross-dressing Commenced a review of the Electoral offences to be expunged. Act 2004 and associated law relating to elections in Tasmania. Developed a Strategic Infrastructure Framework for Custodial Corrections Developed 16 Bills that were in Tasmania. either introduced into, or passed by, Parliament during the reporting Received an unprecedented period. infrastructure budget for the Department as part of the 2017- Progressed preparations for the 18 Tasmanian Budget to progress a introduction of home detention with number of major prison and court electronic monitoring as a sentencing infrastructure projects. option.

6 Department of Justice Annual Report 2017–2018 Continued work to implement the Reviewed the role and composition Government’s planning reform agenda. of Agency Executive and established several new sub committees to ensure strong project, program and Implemented changes to local systems, corporate governance. forms and processes to register same sex marriages in Tasmania following the introduction of same sex marriage. Commenced work on a Diversity and Inclusion Strategy for the Department along with beginning the White Prepared a consultation paper, and Ribbon Accreditation Process. sought feedback from stakeholders, as part of the review of arrangements for the delivery of legal services in Undertook a full health check of Tasmania. our IT systems, applications and infrastructure and prepared an Enterprise Architecture, ICT Roadmap Ran a successful asbestos awareness and Strategy to identify our current campaign educating key audiences and future technology needs. how to safely identify and manage asbestos, which was recognised in the National Asbestos Awareness Prepared extensive briefings for Campaign Awards 2017. an incoming government ahead of and immediately following the state election in March 2018. Achieved our 2020 target of 40% female representation amongst senior executive officers across the Department.

Department of Justice Annual Report 2017–2018 7 Message from the Secretary

I am pleased to present my first Annual Report as to obtain White Ribbon Accreditation, which recognises Secretary of the Department of Justice, having been workplaces taking active steps to prevent and respond to formally appointed to the role in March 2018, following the violence against women, both inside their organisation and resignation of Simon Overland in August 2017. within their broader community. In the short time that I have been with the Department, The year has not been without its challenges, as we I have been struck by the diversity of the services the have continued to see an increase in demand for many Department delivers, the significant skills and expertise of of our services. This has created pressure on staff and our staff and the breadth of our responsibilities in seeking infrastructure in several areas across the Department, to achieve a safe, fair and just Tasmania. particularly in the Prison and Courts and across our Protective Jurisdictions including the Guardianship and The 2017-18 reporting period has certainly been a busy one Administration Board, the Office of the Public Guardian, for the Department of Justice with the Government making and the Mental Health Tribunal. a number of election commitments related to our portfolio, and the 2018-19 State Budget delivering $44.239 million in We said farewell to several senior staff in the first half of new funding for the 2018-19 financial year, and over $200 2018 with Director of Legal Aid Graham Hill departing to million in the following three years. These commitments take up a role in Western Australia and Director of Prisons and investment represent both a significant opportunity for Brian Edwards retiring. We also welcomed Kristy Bourne the Department but also a challenge, as we need to rapidly as Deputy Secretary Administration of Justice in late 2017. mobilise and prepare to progress these initiatives. I, along with all staff of the Department, was saddened by During the reporting period, we have had a particular the passing of the former Attorney-General and Minister focus on reviewing and enhancing our corporate for Justice and Corrections, Doctor Vanessa Goodwin governance to provide an appropriate framework in March 2018. We are proud to be able to honour her for decision making within the Agency. We have also significant contribution to the State and to the justice undertaken a significant body of work to develop an system in particular, by naming the new mother and baby Information and Communication Technology Strategy to facility, currently being constructed at the Mary Hutchinson guide the significant investment and improvements we Women’s Prison, in her memory. need to make in the short and longer term. Lastly I would like to extend my thanks to the staff in all The Department continued to support our Ministers areas of the Department of Justice who continue to do across their portfolio areas during 2017-18, progressing an exceptional job in delivering services in pursuit of our a significant number of policy and law reform projects aim of a safe, fair and just Tasmania. The commitment and in areas as diverse as land use planning, expungement of enthusiasm of our staff has certainly aided my transition to historical convictions, neighbourhood disputes about plants, the role of Secretary and I look forward to continuing to bail and family violence to name just a few. Critically we work with our people to deliver the extensive work plan have also led the Tasmanian Government’s involvement in for the next year and beyond. and response to the Royal Commission into Institutional

Reponses to Child Sexual Abuse. A key milestone for this work during 2017-18 was the Tasmanian Government’s commitment to join the National Redress Scheme. Internally, we have also commenced two important Kathrine Morgan-Wicks projects, firstly to develop and implement a Diversity Department of Justice and Inclusion Strategy for the Department, and secondly 27 September 2018

8 Department of Justice Annual Report 2017–2018 Department of Justice Annual Report 2017–2018 9 1. About us

During the 2017-18 reporting period, the Department The Department provides administrative support for has been responsible to the following Ministers: a number of outputs, which have varying accountability arrangements: • Acting Attorney-General and Minister acting for and on behalf of the Minister for Justice: Hon Matthew • Anti-Discrimination Tribunal; Groom MP (1 July 2017 – 2 Oct 2017); • Asbestos Compensation Tribunal; • Minister acting for and on behalf of the Minister • Guardianship and Administration Board; for Corrections: Hon Guy Barnett MP (1 July 2017 – 2 Oct 2017); • Health Practitioners Tribunal; • Attorney-General: Hon Will Hodgman MP • Legal Aid Commission of Tasmania;

(2 Oct 2017 – 20 March 2018); • Mental Health Tribunal; • Attorney-General: Hon Elise Archer MP • Parole Board of Tasmania; (from 20 March 2018, ongoing); • Resource Management and Planning Appeal Tribunal; • Minister for Justice and Minister for Corrections: Hon Elise Archer MP (from 2 Oct 2017, ongoing); • Supreme and Magistrates Courts; • Minister for Building and Construction: • Tasmanian Electoral Commission; Hon Guy Barnett MP (from 1 July 2017, ongoing); • Tasmanian Industrial Commission; • Minister for Planning and Local Government: • Tasmanian Planning Commission; Hon Peter Gutwein MP (1 July 2017 – 20 March 2018); • Minister for Planning: • WorkCover Tasmania Board; and Hon Roger Jaensch MP (from 20 March, ongoing); and • Workers Rehabilitation and Compensation Tribunal. • Treasurer (Industrial Relations): The Department also: Hon Peter Gutwein MP (from 1 July 2017, ongoing). • supports the statutory offices of the Solicitor- The Department comprises: General, Public Guardian and the Anti-Discrimination • Births, Deaths and Marriages; Commissioner; • Community Corrections; • acts as the employing agency for the staff of the offices of the Director of Public Prosecutions and • Consumer, Building and Occupational Services; the Ombudsman, which have been separate entities • Corporate Support and Strategy; for budgetary purposes since 2010-11 and 2007-08 • Crown Law; respectively; and • Monetary Penalties Enforcement Service; • provides corporate services to the offices of the Ombudsman and the Health Complaints • Office of the Secretary; Commissioner,Asbestos Compensation • Planning Policy Unit; Commissioner,Tasmanian Audit Office and to the • Strategic Legislation and Policy; Integrity Commission. • Tasmania Prison Service; • Victims Support Services; and • WorkSafe Tasmania.

10 Department of Justice Annual Report 2017–2018 Our Service Standards

Statutory office holders and state service employees and officers of the Department serve the Government and the public of Tasmania.Throughout all contact within Government and with the public and users of our services, we aim to meet their needs through professional, courteous and efficient service. Department of Justice state service employees: • treat all users of our services with respect and courtesy; • listen to what users of our services have to say; • personalise services to the needs and circumstances of each user of our services where practical; Our Aim • always do what they say they are going to do, or update the appropriate people promptly if things change, offering an explanation for the change; A safe, fair and just Tasmania. • respond to enquiries promptly and efficiently; and Our Purpose • consult the public and users of our services about their service needs. Support the Tasmanian Government to promote the rule of law by: Our Behaviour Standards • ensuring an effective, efficient and accessible justice system; The minimum standard of behaviour expected of all Department of Justice employees is to: • protecting and respecting rights; • consider people equally without prejudice or favour; • improving laws; and • act professionally with honesty, consistency and • influencing positive behaviour and enforcing impartiality; responsibilities. • take responsibility for situations, showing leadership Our Functions and courage; • place the public interest over personal interest; Across the Department’s four output groups, we perform • appreciate difference and welcome learning from the following functions: others; • support our Ministers by providing honest, • uphold the law, institutions of Government and comprehensive, accurate and timely advice; democratic principles; • administer and develop courts, tribunals, statutory and • communicate intentions clearly and invite teamwork regulatory bodies that promote, protect and enforce and collaboration; laws; • provide transparency to enable public scrutiny; and • inform the community about laws, rights and • be fiscally responsible and focus on efficient, effective responsibilities; and prudent use of resources. • undertake law and policy development; • support the community to achieve effective outcomes in the justice system; • provide a sustainable, safe, secure, humane and effective corrections system; and • ensure all aspects of the Department’s activities are conducted effectively, efficiently and safely.

Department of Justice Annual Report 2017–2018 11 Organisational Chart

Figure 1.1 Organisational Chart as at 30 June 2018

Secretary Deputy Secretary Deputy Secretary Kathrine Morgan-Wicks (Administration of Justice): (Corrections): Kristy Bourne Nick Evans Crown Law*: Supreme Court*: Tasmania Prison Service: Director, Michael Varney Registrar, Jim Connolly Director of Prisons, Ian Thomas Tasmanian Planning Commission*: Magistrates Court*: Community Corrections: Executive Commissioner, Greg Alomes Administrator, Penelope Ikedife Director, Neale Buchanan Strategic Legislation and Policy: Births, Deaths and Marriages: Monetary Penalties Enforcement Director, Brooke Craven Manager,Ann Owen Service: Director,Wayne Johnson WorkSafe Tasmania: Victim Support Services: Consumer, Building and Chief Executive, Mark Cocker Manager, Catherine Edwards Occupational Services: General Manager, Dale Webster Planning Policy Unit: Legal Aid Commission*: Manager, Brian Risby Acting Director, Susie Winter Human Resources: Director, Kerrie Crowder Office of the Secretary: Mental Health Tribunal*: Manager, Julia Hickey Registrar,Vanessa Fenton Finance: Acting Director, Gavin Wailes Office of the Public Guardian*: Public Guardian, Kim Barker Information and Communication Technology: Guardianship and Administration Director, Julie Fletcher Board*:Acting Registrar, Jarrod Bryan Projects and Information: Equal Opportunity Tasmania*: Program Director, Dee Webb Anti-Discrimination Commissioner, Sarah Bolt Communications and Executive Support: Tasmanian Electoral Commission*: Director, Jennifer Lee Electoral Commissioner,Andrew Hawkey

Tasmanian Industrial Commission*: *Denotes administrative support only, Registrar Alison Oakes independent statutory body Anti-Discrimination Tribunal*;Asbestos Compensation Tribunal*; Health Practitioners Tribunal*;Workers Rehabilitation and Compensation Tribunal*: Registrar, Ross Thomas Resource Management and Planning Appeal Tribunal*; Forest Practices Tribunal*: Registrar, Jarrod Bryan

12 Department of Justice Annual Report 2017–2018 Output Structure and Organisational Responsibility

Table 1.1: Output Structure and Organisational Responsibility

Output Group No. Output Organisational Responsibility Output Group 1: 1.1 Supreme Court Services Supreme Court Administration of Justice 1.2 Magistrates Court Services Magistrates Court 1.3 Births, Deaths and Marriages Registry of Births, Deaths and Marriages 1.4 Support and Compensation for Victims Support Services Victims of Crime 1.5 Legal Aid Legal Aid Commission 1.6 Protective Jurisdictions Mental Health Tribunal Office of the Public Guardian Guardianship and Administration Board 1.7 Anti-Discrimination Equal Opportunity Tasmania Commissioner 1.8 Electoral Services Tasmanian Electoral Commission 1.9 Tasmanian Industrial CommissionTasmanian Industrial Commission 1.10 Workers Rehabilitation and Workers Rehabilitation and Compensation Tribunal Compensation Tribunal 1.11 Resource Management and Resource Management and Planning Planning Appeal Tribunal Appeal Tribunal Output Group 2: 2.1 Crown Law Solicitor-General Legal Services Crown Solicitor 2.2 Strategic Legislation and Policy Strategic Legislation and Policy Output Group 3: 3.1 Corrective Services Tasmania Prison Service Corrections and Enforcement 3.2 Community Corrections Community Corrections 3.3 Monetary Penalties Enforcement Monetary Penalties Enforcement Service Service Output Group 4: 4.1 WorkSafe Tasmania WorkSafe Tasmania Regulatory and Other Services 4.2 Tasmanian Planning Commission Tasmanian Planning Commission 4.3 Planning Reforms Planning Policy Unit 4.4 Consumer, Building and Consumer, Building and Occupational Occupational Services Services

Department of Justice Annual Report 2017–2018 13 Agency Executive

Figure 1.2 Agency Executive Sub-committee structure

DoJ Senior Agency Executive Managers Forum

Internal Audit ICT Procurement Major Project WHS & Risk Management Governance Review Oversight Management Committee Committee Committee Committee

During 2017-18 the role and composition of Agency • Director Strategic Legislation and Policy Executive (AE) has been reviewed and refreshed, as part • CEO WorkSafe Tasmania of a focus on enhancing corporate, program and project • Director of Prisons governance across the Department. • Administrator Magistrates Court of Tasmania As part of this, a process has been established to • Attendees (as required for relevant items) enable Senior Executive Service members of the Senior - Director of Finance Managers Forum to become temporary members of - Director of Communications AE, on a rotating basis, for a period of 6 months.This - Assistant Director of Human Resources provides an opportunity for all senior managers to better - Senior HR Adviser (Operations) understand and contribute to the effectiveness of the AE - Authors of papers as required. process. The role of AE is to: As of 30 June 2018,Agency Executive comprised the 1. approve matters relating to: following members: a) people • Core membership: b) budget - Secretary c) strategic issues - Deputy Secretary Corrections d) risk and - Deputy Secretary Administration of Justice 2. note decisions made by its sub-committees • Attendees (the current sub-committee structure is depicted in - Director Human Resources Figure 1.2) - Manager Office of the Secretary - Rotating SES members

14 Department of Justice Annual Report 2017–2018 Department of Justice Annual Report 2017–2018 15 2. Report on 2017-2018 Key Deliverables

The Department received funding in the 2017-18 Corrective Services Package - Tasmanian Budget to deliver a range of specific projects and services to combat crime, protect workplaces and Suspended Sentences make the community safer. Details of this funding, and the progress to date on implementing these initiatives, is Funding of $2.4 million per annum was provided as part below. of the Government’s commitment to progressively phase out the use of suspended sentences. Community Education - This funding has been applied to the implementation of Shared Economy the first tranche of reforms, which included: • the provision for Drug Treatment Orders (DTOs) to Funding of $100,000 was provided in 2017-18 to educate be available for matters before the Supreme Court; the Tasmanian community on changes included in the • providing for deferred sentencing for adult offenders; State Planning Provisions related to the sharing economy, • the provision for a sentencing option of imposing a particularly in relation to visitor accommodation.The fine without recording a conviction; and awareness campaign was particularly directed at owners of investment properties up to 300 square metres, in • making minor amendments to the existing drug residential zones, which are permitted for use as visitor treatment order provisions. accommodation under the planning schemes and subject DTOs, deferred sentencing and the option to impose a to self-certification that the property meets minimum fine without recording a conviction are all now available safety standards, if used as visitor accommodation. as alternative sentencing options. This was a major change to previous regulation and it was important for investors, in particular, to understand the new requirements. The awareness campaign ran between June and October 2017 and included television and newspaper advertisements along with online still and video placements across a range of websites.

16 Department of Justice Annual Report 2017–2018 Corrective Services Package - Eligible Persons Register Recurrent Demand Analysis Specialist Resources As a result of changes to the Corrections Act 1997 that expanded the range of victims able to register as eligible persons to include victims of family violence, additional The State has utilised elements of the Victorian Justice funding of $420,000 over two years was provided to the system’s demand analysis model and will adapt this to Victims Support Service to maintain the eligible persons the Tasmanian environment.To be able to adapt and register and notify victims of changes in prisoner status. then maintain the model on an ongoing basis, including undertaking the necessary data analysis and reporting, The management of information on the Eligible Persons specialist data analyst positions were required. Register is being considered as part of the Justice Connect requirements planning, to be funded by the Funding of $330,000 per annum was provided for the Digital Transformation Priority Expenditure Program in employment of these specialists from 2017-18. Finance-General. The adaptation of the Victorian model was considered a more cost effective option than developing a new Extension of Prison Infrastructure - Tasmanian model.The Victorian model has proven to be robust and reliable in its forecasting and is being adapted Project Team to the Tasmanian environment. Funding of $315,000 per annum was provided in 2017- Corrective Services Package - 18 and 2018-19 for a project team to run and oversee the capital works and transitional phases of the prison Throughcare and Reintegration infrastructure projects funded as part of the 2017-18 Budget. ‘Breaking the Cycle - A Safer Community: Strategies This project team has prepared a Strategic Infrastructure for Improving Throughcare for Offenders 2016 - 2020’ Framework for Custodial Corrections in Tasmania and acknowledges the role that a functional family plays in established a prison infrastructure program with formal the rehabilitation and reintegration of prisoners and, oversight by project boards and the Department’s Major equally, the role that a dysfunctional family can play in Project Oversight Committee. perpetuating cycles of intergenerational offending. Part of the focus of this initiative is also on assisting the effective transition of people from their first contact with the corrections system through to successful reintegration into the community, including through transitional accommodation. Funding of $350,000 per annum has been applied to employ parenting and family reintegration facilitators and to provide assistance for transitional accommodation for prisoners.

Department of Justice Annual Report 2017–2018 17 Justice Connect The Government recognises and values the important role that legal assistance organisations play in our community, and the funding allocated has allowed the Justice Connect is an initiative driven primarily by the CLCs and the LACT to continue delivering important need to address the shortcomings of existing technology legal advice and assistance to the most vulnerable in key justice business systems. members of our community. The Department has identified a number of significant In light of the Government’s ongoing support for the problems with the management of information in the sector, the Department also commenced an evaluation criminal justice sector that are impeding its ability to of Tasmania’s legal assistance sector to ensure that it is efficiently deliver services to the Tasmanian community. equipped to provide assistance to the greatest number of The Department recognises an opportunity to review Tasmanians, particularly those who are disadvantaged or how it plans to replace these key business systems in need. and develop a contemporary ICT architecture for the This work is being led by the Department of Justice, with criminal justice sector systems that will better serve the a Steering Committee made up of representatives from community. the Department of Justice, the Department of Treasury At its core, the Department is looking to redevelop and Finance, and two members nominated by the State’s these business systems and replace them with a Community Legal Centres and the Legal Aid Commission Service-Orientated Architecture (SOA) that enhances of Tasmania. efficiencies and improves policy outcomes through The work of the Steering Committee includes: better information sharing, access to timely and trusted information and integration across Government with • considering the type and number of services delivered relevant critical ICT systems (e.g. Department of Police, by providers; Fire and Emergency Management).This SOA will become • identifying who benefits from those services and Justice Connect. whether there is any unnecessary duplication; An allocation of $150,000 in 2017-18 was made within • developing recommendations for Government as to Finance-General to commence the preparation of the best combination of legal services to be delivered detailed requirements for the redevelopment of the by the sector collectively, to address legal need and Department’s key Justice ICT systems. improve access to justice in Tasmania; and The Justice Connect Program has been established and • developing a funding model to ensure services are scoping of requirements commenced, with the target delivered effectively and efficiently to those in need. of releasing a Request for Proposal in late 2018 and It is anticipated that the Committee will complete a final proceeding to a formal tender in 2019. report by November 2018.

Legal Assistance Services Local Provision Schedules

Australian Government funding for the provision The Tasmanian Planning Scheme requires planning of legal assistance services was reduced under the authorities to prepare Local Provisions Schedules (LPSs) National Partnership Agreement on Legal Assistance to give effect to the State Planning Provisions (SPPs).The Services, signed in 2015. In April 2017, the Australian three regional council groups have determined to work Government announced that an additional $39 million together to prepare the relevant local councils’ LPSs. would be available for Community Legal Centres (CLCs) nationwide, with family law and family violence services Funding of $300,000 has been provided in 2017-18 to prioritised. assist the regions to facilitate the required changes to the LPSs. As at 30 June 2018, three councils had lodged their The Tasmanian Government committed to provide LPSs with the Tasmanian Planning Commission, with a funding of $2.5 million across the 2017-18 and 2018- further six expected to be lodged by the end of 2018. 19 financial years to offset the previously expected reduction in Australian Government funding to Legal Assistance Services. This funding was to assist the Legal Aid Commission of Tasmania (LACT) and the State’s Community Legal Centres to maintain core service levels while also restructuring legal assistance services and continuing negotiations with the Australian Government.

18 Department of Justice Annual Report 2017–2018 Mary Hutchison Women’s Prison - Refurbishment works for Division 7 are well underway, with practical completion expected in late 2018. Further Mother and Baby Unit structural maintenance works will continue in 2018-19 to help extend the lifecycle of this asset. The 2017-18 State Budget allocated new capital funding of $500,000 in 2019-20 to build a Mother and Baby Unit Supreme Court Acting Judges within the Mary Hutchison Women’s Prison (MHWP). This new facility will provide more appropriate facilities to accommodate babies within the prison environment, Additional funding of $1.9 million was provided over with the additional benefit of providing more beds within two years to reflect the appointment of additional acting the women’s prison. Judges within the Supreme Court.This funding covered the additional salary and related costs of the acting Judges Recurrent funding was allocated from 2019-20 for and other associated costs for the smooth operation of additional staff to supervise the new facility and for Court processes.This includes funding for Supreme Court property and maintenance costs. In September 2017, the operations as well as the Legal Aid Commission of Tasmania. Department of Treasury and Finance approved a request to bring forward this funding to 2017-18 and to provide Additional funding was also provided to the Office of the increased funding of $1.291 million for an additional 20 Director of Public Prosecutions to meet their associated beds in MHWP. cost impacts of this initiative. Construction of the Mother and Baby Unit and additional MHWP accommodation is well underway, with practical Tasmanian Civil and Administrative completion expected in late 2018. Tribunal (TASCAT)

O’Hara Pre-Release Facility - As part of preparation for the establishment of a single Additional Units Tasmanian Civil and Administrative Tribunal (TASCAT), funding of $100,000 was provided to investigate the potential long-term accommodation options available for The 2017-18 Budget also provided funding of $1.5 million TASCAT as a result of the amalgamation of a number of over two years from 2018-19 for the construction of Tribunals under the jurisdiction of the Department of Justice. four additional independent living accommodation units to increase the pre-release capacity for minimum security A business case has been prepared and is currently prisoners on the Risdon site. undergoing further assessment. These units have been designed to house four prisoners within each unit, resulting in an increase to prison Tasmania Prison Service - Current Cost capacity of 16 beds.This will free up some of the and Demand Pressure existing beds in the Ron Barwick Minimum Security Prison. Recurrent funding was allocated from 2019-20 for additional staff to supervise the new units and for Additional funding of $4 million per annum was provided to property and maintenance costs. the Tasmania Prison Service to assist with increasing cost and demand pressures as a result of a sustained increase Design and pre-construction work is scheduled to in prisoner numbers, in line with national trends towards commence in July 2018. increasing prison populations. Ron Barwick Minimum Security Prison - Cell Recommissioning

Funding of $3 million over two years from 2017-18 was allocated for the refurbishment of Division 7 within the Ron Barwick Minimum Security Prison to provide an additional 40 minimum security cells within the facility.This funding will also help to address ageing infrastructure, including electrical and plumbing issues, throughout the facility. Recurrent funding was allocated from 2018-19 for additional staff to supervise the additional cells and for property and maintenance costs.

Department of Justice Annual Report 2017–2018 19 Staff profile: Brian Edwards

20 Department of Justice Annual Report 2017–2018 Brian Edwards arrived in Tasmania to bring change to The pace of change was swift initially, and improvements the Tasmania Prison Service, but even he could not have were made across the organisation. imagined the influence he would have on the organisation. However, Brian believes a measure of cultural change Initially recruited for the position of Change Manager in success is that staff who try to think back over the early 2012, Brian found himself in the role of Director of changes struggle to define the “old ways of doing things” Prisons under difficult circumstances a little over a year because the new ways are logical and become second later. nature. He retired in June 2018 having worked towards The culture change resulted in an almost immediate transforming the culture of the TPS and set it on a path reduction in prisoner complaints and greater staff towards a bright future, including commencing a suite satisfaction and motivation. of exciting infrastructure projects that will continue to In early 2017, Brian handed the reins over to Ian Thomas, improve its effectiveness in rehabilitating prisoners for who is instigating his own systemic change that builds on decades to come. Brian’s work and is preparing staff for new infrastructure Brian had already enjoyed a distinguished career in and a larger statewide prison estate. corrections before coming out of retirement to accept Since then, Brian has been hard at work in his role the position in Tasmania. as Director of Strategic Infrastructure and Projects, Having joined as a prison officer in December 1970, Brian concentrating on planning and delivering new facilities had worked his way through the ranks from a physical at the Mary Hutchinson Women’s Prison, Division 7 of education instructor to become a Senior Governor in Ron Barwick and expansion of the O’Hara precinct, and England. the proposed Southern Remand Centre and Northern Remand Centre and prison. In addition, Brian’s team His career highlights included retaking prisons from is now completing further projects within the Hobart rioting prisoners, rescuing hostages and significantly Reception Prison and the Courts. raising the ranking of several difficult, low-performing prisons. “New infrastructure is the most important aspect of the future of the TPS because of its impact on culture and Brian retired to his home in France but was almost our ability to rehabilitate prisoners for the safety of the immediately called upon as a consultant with the British community,” he said. prison service, spending two years assessing, mentoring and training governors. “Tasmania has such a potential to be a world leader in corrections, if we can get the infrastructure right.” Retirement then beckoned again but the lure of a southern hemisphere posting proved too great for Brian Brian has seen and achieved a lot in his 47 years of service and wife Rita and they moved to Hobart as a family in but it is not the accolades, the heroic acts or even the early 2013 to begin working in earnest to improve the ushering in of a new era in the Tasmania Prison Service culture and the poor community perceptions of the that he wants to be remembered for. Instead, he hopes State’s prison system following the Palmer report into people will recall and follow the example he set in dealing the TPS. with people. He immediately instigated greater consultation with “If people have changed in the way they act towards unions and set about building a management structure others, I’d be a happy person,” he said. and enhancing the training offered to correctional staff. “I hope people see the value of being honest with others “I believe training should be self-motivated but you need and that decency is key to how we treat each other. to help staff get into that space to be motivated for it,” “I hope I have shown that all staff need to feel proud of Brian said. what they do for the community and of being part of the “In the past, training or lack of it was used as a poor Tasmania Prison Service.” excuse for performance. Brian now intends to “disappear very quietly” with his “Therefore, I introduced assessments for people who home in France still waiting. Brian leaves the Department wanted to move up the ranks and highly specialised with a significant legacy and after many fond farewells. training for staff who volunteered to be involved with staff safety and security. “I felt this enthusiasm among the staff to be successful, to protect their colleagues.And there was no shortage of volunteers. “All staff need good training, pride in the work they do and good leadership skills.”

Department of Justice Annual Report 2017–2018 21 3. Output Group 1 Administration of Justice

22 Department of Justice Annual Report 2017–2018 Supreme Court Services The Andrew Inglis Clark Law Library and the Launceston Law Library are open to practitioners and members of the public, including self-represented litigants.The The Supreme Court is the highest court in the State with D.M. Chambers Library at Crown Law, and the Judges’ responsibility for civil and criminal matters.The Supreme Library at the Supreme Court share some resources and Court has unlimited jurisdiction in criminal and civil materials with ILLS, but they are closed access collections. matters except where legislation, either Commonwealth There are small working collections at the Magistrates or State, provides otherwise. Courts (Hobart, Launceston, Devonport and Burnie) and The Full Court and Court of Criminal Appeal hear appeals other agencies within the Department of Justice. from decisions of single Judges.The Court is also a court The ILLS aims to supply a comprehensive and cost- of review from the Magistrates Court and the majority effective range of primary and secondary legal of statutory tribunals that exercise specialist jurisdiction. information resources for clients, with an increasing focus The Court has jurisdiction to review decisions and hear on electronic service delivery. Highly trained staff assist applications under a wide range of statutory provisions. clients with reference and research support, and offer The Supreme Court also exercises probate and admiralty a variety of training programs to improve skills in using jurisdictions. legal resources across the community. The Supreme Court is provided with funding for The integration of the libraries has facilitated the six Judges, five acting Judges, an Associate Judge and development of a more strategic approach to the judicial support staff including associates, attendants, collections.The establishment of regional and local user administrative and secretarial support. Funding is also groups has enabled library staff to develop relationships provided for registry services and facilities to support with key stakeholders, thus ensuring that the collection the work of the Court. Registries are located in Hobart, reflects the changing needs of clients. Launceston and Burnie. The library continues to support the transition to an It provides the following specialised services: online environment by expanding its range of resources, • the Registrar’s office provides a mediation service in reducing unnecessary duplication of print titles and matters before the Court; and taxes bills of costs in the implementing procedures to standardise and centralise Supreme Court and under the Legal Profession Act 2007; core administrative tasks and services. • the Registrar in Probate grants probate, letters of In 2017-18, staff responded to 4,563 reference requests administration and reseals in non-contested matters; of which 98% were satisfied by close of business on the and day they were received.This exceeded the library service • the Sheriff executes civil process (including admiralty desk standard of 95%. Use of the print collection of jurisdiction) and manages the jury system. primary and secondary resources increased over the last twelve months, with 2,294 titles borrowed or referred Find the Supreme Court annual report, practice directions, to within the libraries.The use of electronic resources decisions and other information at continues to rise and the library recorded 76,514 https://www.supremecourt.tas.gov.au/. searches within subscription databases during this period. Law Library Services Find more information about the ILLS at https://www.lawlibrary.tas.gov.au/. The Integrated Law Library Services (ILLS) is administered according to a partnership agreement between the Crown and the Law Society of Tasmania.The strategic direction of the ILLS is determined by a Library Management Committee, comprised of representatives of each of the partner organisations. Day-to-day management is provided by the Department of Justice, through the Library Manager under the administrative direction of the Registrar of the Supreme Court. The ILLS provides library and information services to the Department of Justice and private legal practitioners through the following libraries: • Andrew Inglis Clark Law Library (central service point) in Hobart; • Launceston Law Library; and • North-West Law Library.

Department of Justice Annual Report 2017–2018 23 “We have quite a young workforce and it is important to be able to guide them through, giving them the opportunity to learn while providing them with structure and guidance.”

24 Department of Justice Annual Report 2017–2018 Staff profile: Jane McLeod

The Magistrates Court is always a hive of activity and it Jane has been with the Magistrates Court since 1997 and is thanks to people like Jane McLeod that it continues to has always been actively involved in morale-building and effectively administer justice for Tasmanians. team-building activities, including organising Christmas dinners, quiz nights, morning teas and countless A Team Leader in Hobart, Jane works quietly behind fundraising activities. the scenes taking responsibility for the accuracy of all documents produced through the Court process. “Part of my position as a team leader is to get some positivity into the workplace,” Jane said. Magistrates Court records are still predominantly paper-based and Jane has an intimate knowledge of “I like to be very encouraging.We have quite a young the processes and procedures the Court uses to keep workforce and it is important to be able to guide them relevant parties informed in an age when more and more through, giving them the opportunity to learn while information is being dealt with electronically. providing them with structure and guidance on how to perform in the workplace and what the principles of the Jane leads a team of up to eight staff who are responsible State Service are. for data entry and front counter administrative tasks and works as a systems administrator to ensure the Criminal “When someone is doing a great job you should get Registration Information Management Enquiry System some praise for that.” (CRIMES) works effectively. This attitude is borne out of Jane’s own experiences, She is regarded as the Magistrates Court’s “go-to” person which helped her career blossom from junior positions for systems and data and is a great believer in passing on to Team Leader. knowledge to build the skills base. “I was always provided with adequate training and “I’ve got a big drive getting everyone multi-skilled so they supervision and there were people there who could offer can support each other,” Jane said. help and support,” she said. “I find satisfaction when, at the end of the day, each team “They gave me the confidence that I could do it and I member knows their role and is confident in their role know there are still opportunities available for me if I while also being able to help out the rest of the team want to further my career.” because they have a well-rounded knowledge. “It comes from having confidence in the staff and them having confidence in you.” Over her career, Jane has taken responsibility for producing and continually updating the Court’s Data Entry Manual, which is now used statewide. She is currently involved in a project designed to help the Court transition to further digitisation of records and is renowned as someone willing to trial new ideas in search of better ways of doing things. She has been a key participant in regular Team Leader meetings with her colleagues from around the state as they seek to improve the system.

Department of Justice Annual Report 2017–2018 25 Magistrates Court Services In 2017-18, BDM: • registered 13,988 life events; The Magistrates Court hears and determines simple • issued more than 40,000 certificates; offences, crimes heard summarily under State and Commonwealth legislation, breaches of duty, and • received 13,673 phone calls; applications under various State and Commonwealth • responded to approximately 2,500 e-mail enquires; statutes. It also exercises a wide range of appellate and and review functions. • had more than 400,000 page views on its website. Daily court sittings occur at Hobart, Launceston, Devonport and Burnie, and circuit court sittings at Table 3.1: Performance indicators Queenstown, Smithton, Currie,Whitemark, Scottsdale, St Helens and Huonville. Measure 2016-17 2017-18 2017-18 Actual Actual Target The Magistrates Court comprises 15 Magistrates, who in the: % of events registered in 84 91 85 less than 7 days • Courts of Petty Sessions hear and determine simple % of applications 86 90 85 offences, crimes triable summarily under State processed in less than 7 and Commonwealth legislation, breaches of duty, days applications under various State and Commonwealth Registration error rate statutes, and exercise a wide range of appellate and 1.3 1.8 <2.0 review functions; (%) Unit cost per transaction • Youth Division hear simple and indictable offences and 14.88 14.76 14.50 ($) exercise child protection and welfare responsibilities under various Acts; • Civil Division hear and determine civil matters to a These indicators measure the accuracy and accessibility value of $50,000 (or an unlimited amount with the of BDM certificates to all Tasmanians in 2017-18.The consent of the parties) and minor civil claims to a growing need for people to access certificates for value of $5,000; identification, in a timely manner, means that the time BDM takes to accurately register events and issue • Coronial Division sit as Coroners to conduct certificates is a key measure of accessibility. inquests into sudden and unexpected deaths, fires and explosions; and Find more BDM registration statistics, including most popular baby names, at https://www.justice.tas.gov.au/bdm. • Administrative Appeals Division conduct administrative appeals from various statutory Same Sex Marriage authorities, including appeals from the Residential Tenancy Commissioner. Following changes to the Commonwealth Marriage Act Find the Magistrates Court annual report, decisions, 1963 in December 2017, BDM made changes to local coronial findings, forms and other information at systems, forms and processes to register same sex https://www.magistratescourt.tas.gov.au/. marriages that occur in Tasmania. From the date the legislation changed in December 2017, through until 30 June 2018, BDM registered 70 same sex Births, Deaths and Marriages marriages.

The Registry of Births, Deaths and Marriages (BDM) is Access to Services responsible for registering and maintaining records for life events occurring in Tasmania. It also issues certificates To improve operational efficiency and make it quicker for and provides information to approved applicants. people to obtain certificates, BDM encourage customers to use existing online services. Activity and Performance In 2017-18: BDM registration activity increased slightly and the • all data from the Coroner’s Office was received demand for certificates remained constant during electronically; 2017-18.The average processing time for certificate • 96% of death registrations were received applications was 3 days. electronically from funeral directors; and • 67% of birth notifications were received electronically from Tasmanian maternity hospitals.

26 Department of Justice Annual Report 2017–2018 BDM has commenced a project to establish additional Victims Assistance Unit online registration and certificate ordering services.This will streamline existing processes so that by: The Victims Assistance Unit is responsible for: • the end of 2018, customers will be able to order and • producing and maintaining the Eligible Persons Register pay for certificates online; and providing information to victims on this Register; • early 2019, new parents will have the option to • liaising between the victim and other divisions of the register their newborn child online; and Department; • mid-2019, marriage celebrants will be able to lodge • providing information to victims about court processes marriage registration details online. and outcomes; and Throughout the year, BDM continued to convert older • administering the Victims of Crime Assistance Act 1976 paper records into an electronic format.This will enable and supporting the Criminal Injuries Compensation easier access to information in the future. Commissioners. Access to national death data for research purposes has improved as a result of ongoing collaboration with other Table 3.2:Victims of Crime Assistance Awards Australian BDMs and the Australian Bureau of Statistics, Measure 2016-17 2017-18 through the National Civil Registration and Statistics Improvement Committee. Further work is under way to Number of applications 443 323 improve the quality and management of all national life Numbers of awards 246 (including 289 event data. made interim awards) (including interim awards) Total payments excl. Protection of Personal Information 3,528 4,510 costs ($’000) The protection of personal information remains a Total costs - including 171 239 key priority for BDM and work continues to improve reports ($’000) compliance with National Identity Proofing Guidelines. In September 2017, BDM began sending all certificates by Average award $15,040.88 $16,438.20 registered post, to allow for tracking during the delivery process.Throughout the year, BDM cancelled a small Note:Total payments exclude amounts paid to victims number of certificates reported as lost or stolen, to help to reimburse the costs associated with their claims for avoid their use for fraudulent purposes. compensation.These costs include expenses such as legal BDM continues to work with State and Federal costs, the costs of medical and other reports.These are Government Agencies to protect people’s identity and reported under Total costs. assist with data-cleansing activities. In 2017-18, BDM electronically validated the information on more than Court Support and Liaison Service 31,000 Tasmanian certificates, via the Commonwealth Document Verification Service (DVS). BDM also carried The Court Support and Liaison Service is a Safe at Home out approximately 1500 manual information checks for program working with adult and child victims of family Tasmania Police and other Government Agencies. violence. Its services include: • advising victims of family violence on how to take out a Support and Compensation for Family Violence Order; Victims of Crime • supporting Legal Aid in completing applications for Family Violence Orders; Victims Support Services (VSS) was established to meet • accompanying victims to court and providing personal the needs of victims of crime in the community.VSS support throughout the court process; and manages the operation of the Victims Assistance Unit, • providing ongoing updates on progress of a matter in the Eligible Persons Register, Court Support and Liaison court. Service and the Victims of Crime Service.

Find more VSS information and publications at Table 3.3: Court Support and Liaison Service client interactions https://www.justice.tas.gov.au/victims. Measure 2016-17 2017-18 Number of client contacts 8,507 9,722 Number of new clients 759 997

Department of Justice Annual Report 2017–2018 27 Victims of Crime Service Act 1997 has been amended to provide for a victim of a family violence offence to apply to be listed as an eligible The Victims of Crime Service (VoCS) is a face-to-face person on the Eligible Persons Register.The Eligible counselling, support and referral service for self-identified Persons Register is managing the new and expanded victims of crime. service for victims on a statewide basis. The VoCS provides: • personal support, counselling and information; Table 3.6: Eligible Persons Register activity data • referral to appropriate community services and Measure 2016-17 2017-2018 resources; Number of letters of invitation to 95 131 • information regarding the criminal justice system; and join the register Number of Victim Impact Statements 52 59 • assistance with the provision of victim impact statement provided to the Parole Board (VIS) and completing Victim of Crime Assistance Number of non-contact clause 85 125 (VoCA) applications. requests forwarded to the Parole Board Table 3.4:Victims of Crime client interactions Number of leave notifications sent 2234 1526 to registrants Measure 2016-17 2017-18 New registrations 73 65 Number of victim contacts 2,005 1,468 Number of current registrations on 268 311 Number of new clients 299 233 the Register (including offenders currently serving parole) Table 3.5 Victims of Crime: Client Group Composition

Measure 2016-17 2017-18 Legal Aid Female 1,445 968 The Legal Aid Commission of Tasmania delivers a Male 560 500 range of high-quality legal assistance services to the community, tailored to ensure better access to justice for The 1,468 contacts by VoCS in the period 1 July 2017 to disadvantaged Tasmanians. 30 June 2018 were made up of 740 counselling sessions The Legal Aid Commission is a statutory body set with the remaining 728 being assistance with Victim up under the Legal Aid Commission Act 1990 and Impact Statements and/or,Victim of Crime Applications, receives funding from the Commonwealth and State preparation of correspondence (referrals, etc.), Governments. psychological reports, and provision of court support. Find the Legal Aid Commission annual report, In 2017-18, the VoCS provided: publications and other information at • 740 counselling sessions for victims of crime; https://www.legalaid.tas.gov.au/. • 66 psychological reports to assist with VoCA applications; and Protective Jurisdictions • assisted victims with the completion of 198 VoCA applications and extension of time applications (EOTs). Guardianship and Administration Board Eligible Persons Register The Guardianship and Administration Board adjudicates Victims on the Eligible Persons Register are entitled to on applications for the appointment of guardians be provided with certain information about the offender and administrators for adults with decision-making while they remain within the prison system including their incapacities.The Board supervises and periodically location, security classification, parole and hearing dates as reviews those appointments.The Board also adjudicates well as possible release dates and times. on applications: The Role of the Eligible Persons Register is to provide • to review the appointment of enduring guardians and information about leave; they do not make decisions about enduring powers of attorney; granting leave. • for consent to medical or dental treatment; A recent legislative change has allowed for the inclusion of • for consent to restrictive interventions; and a broader category of victims who can now gain access to the Eligible Persons Register. Section 87 A of the Corrections • for the making of statutory wills.

28 Department of Justice Annual Report 2017–2018 The Board’s jurisdiction is derived from the Guardianship Anti-Discrimination Commissioner and Administration Act 1995, the Wills Act 2008, the Powers of Attorney Act 2000 and the Disability Services Act 2011. The Anti-Discrimination Commissioner is a statutory Find the Guardianship and Administration Board annual appointee administering the Tasmanian Anti-Discrimination Act report, publications and other information at 1998 (the Act).The Commissioner’s role and functions are https://www.guardianship.tas.gov.au/. specified in the Act. Equal Opportunity Tasmania (previously the Office of the Anti-Discrimination Commissioner) Mental Health Tribunal supports the Commissioner to fulfil her obligations and functions under the Act. The Mental Health Tribunal is an administrative body with primary responsibility to authorise and review the Find the Anti-Discrimination Commissioner’s annual report, treatment of patients with mental illness who are unable along with other reports, publications and information at to provide informed consent.The Tribunal is established https://www.equalopportunity.tas.gov.au/. under the Mental Health Act 2013 and its primary functions are to: Electoral Services • make, vary, renew and discharge treatment orders; • authorise the treatment of forensic patients; The Tasmanian Electoral Commission (TEC) has statutory responsibility for the independent and impartial conduct • authorise special psychiatric treatment; of elections and referendums, which are fundamental to • annually review people subject to Restriction and Tasmania’s democracy.The TEC conducts parliamentary and Supervision Orders; local government elections and a range of statutory and • determine applications for leave from secure mental non-statutory elections on behalf of other organisations. It health units for patients subject to restriction orders; conducts: and • House of Assembly elections, by-elections and recounts; • carry out any further functions given to it under that • Legislative Council elections and by-elections; or any other Act. • local government elections, by-elections and recounts; Find the Mental Health Tribunal annual report, publications and other information at • State referendums; https://www.mentalhealthtribunal.tas.gov.au/. • local government elector polls; • the implementation of electoral boundary Office of the Public Guardian (OPG) redistributions; The Public Guardian has broad functions under the • Aboriginal Land Council of Tasmania elections; Guardianship and Administration Act 1995 associated with • other statutory elections; the promotion and protection of the rights and interests of adults who have a disability that results in impaired • semi-government and other elections conducted in the capacity for decision making.The Public Guardian is public interest; and appointed by the Guardianship and Administration • public electoral information programs. Board to act as guardian of last resort to make personal, lifestyle and health care decisions for an adult with The TEC and the Australian Electoral Commission jointly a disability.This constitutes the bulk of the work manage and maintain the electoral rolls for Federal, State undertaken by the OPG’s delegated guardians. Other key and Local Government elections. functions include providing information and education Find the TEC annual report, electoral results and other to the community about the operation of the Act and information at https://tec.tas.gov.au/. the roles of the Board and the Public Guardian, and investigating complaints concerning the actions of a guardian, administrator or person acting under an Tasmanian Industrial Commission enduring power of attorney, or any other matter referred by the Board. This report relates primarily to the industrial functions Find the Office of the Public Guardian annual report, carried out by the Tasmanian Industrial Commission publications and other information at (TIC) pursuant to the Industrial Relations Act 1984, as the https://www.publicguardian.tas.gov.au/. President is required to report separately on the review functions that the TIC carries out under the State Service Act 2000. Find the TIC annual report, awards, decisions and other information at https://www.tic.tas.gov.au/.

Department of Justice Annual Report 2017–2018 29 Overview Table 3.7: Breakdown of applications by type

The TIC is Tasmania’s industrial relations tribunal. It is Applications received 2016-17 2017-18 independent of government and other interests, with Awards a jurisdiction mainly limited to state public servants employed pursuant to the State Service Act 2000.A private Award variations (s23) 22 17 sector jurisdiction exists for long service leave matters Total 22 17 where long service leave is not covered in an award or Disputes (s29) registered agreement. Termination of employment 9 5 The principal powers and functions of the TIC Mode, terms and conditions 18 15 Commission are set out in the Industrial Relations Act Breach of award or agreement 13 8 1984. Section 50 of the State Service Act 2000 also enables the TIC to review applications from State Service Long service leave 14 6 employees for a review of decisions involving selections Bans and Limitations 1 1 or any other action that relates to their employment. Award Interest 1 1 In a reciprocal arrangement, the President holds an Total 56 36 appointment as a member of the Fair Work Commission, Registered Agreements (s55) and a number of Fair Work Commissioners hold Approved 21 11 appointments as commissioners of the Tasmanian Industrial Commission. Varied 2 - Retirements 7 2 The TIC is primarily located in Hobart but convenes conferences and hearings throughout the State as Total 30 13 required. Full Bench Proceedings Appeals (s70) 1 2 Performance Appeals (s14) 2 - Total 3 2 The number of applications received remains steady and Long Service Leave Disputes (s13) comparable with previous years, allowing for the cycle of approval of award variations and registration of industrial Long Service Leave Act 1976 2 5 agreements.The number of applications received is also Total 2 5 dependent upon factors such as labour market conditions Grand Total 113 73 in the Tasmanian State Service and ongoing employment change processes. Section 50 of the State Service Act 2000 provides an entitlement (with some exceptions) for State Service Figure 3.1:Total applications received by reporting period employees to make application to the TIC for a review of decisions involving selections or any other action that Applications received relates to their employment.

200 Table 3.8: Breakdown of section 50 applications by type 150 100

166 Applications received 2015-16 2016-17 157 Review selections 26 32 50 135 Review other 27 30 0 Total 53 62 2015–16 2016–17 2017–18

Key initiatives The Industrial Relations Act 1984 provides the TIC with Review of Local Government Councillor Allowances the power to hear and determine matters and things arising from, or relating to, industrial matters, including By Terms of Reference, the President and Deputy the making of awards and registration of industrial and President, appointed under section 215 of the Local enterprise agreements. Government Act 1993 (the Local Government Act), formed a Board of Inquiry to conduct a review into Local Government Councillor Allowances.

30 Department of Justice Annual Report 2017–2018 The review inquired into the allowances payable to • Motor Accidents Compensation Tribunal; and each member of local government, including the kinds, • Workers Rehabilitation and Compensation Tribunal. and amounts of, any additional allowances and benefits payable to each member of local government. The Tribunals are presently constituted by a full- time Chief Commissioner, along with a part-time The report was finalised and provided to the Premier in Commissioner.The workload is split between the various April 2018. Tribunals, with the majority of time spent on Workers Review of Salaries and Allowances for members of the Rehabilitation and Compensation Tribunal matters. Tasmanian Parliament The Tribunals have primary premises in Hobart and In accordance with the Parliamentary Salaries, leased premises in Launceston.The Tribunal conducts Superannuation and Allowances Act 2012, a Full Bench of conciliation conferences in Hobart, Launceston and the TIC conducted a review of the salary, allowances and Devonport in order to resolve disputes by agreement. other entitlements payable to elected members of the Hearings are held throughout the State in order to Tasmanian Parliament (MPs). resolve disputes by arbitration where agreement cannot be reached between the parties. A Report and Determination was provided to the houses of Parliament on 10 May 2018. Processes for all Tribunals are harmonised as far as possible, to enable familiarity and ease of access for Tasmanian Industrial Commission Users Group (TICUG) stakeholders.Work is under way to identify possible Held in May 2018 and chaired by the President, the enhancements to streamline the operation of the inaugural meeting of the newly formed TICUG brought Tribunals. together delegates from union organisations, Unions Find the Workers Rehabilitation and Compensation Tas and State Government Departments.The TICUG is Tribunal annual report, decisions and other information at intended to be a forum to guide the review, development https://www.workerscomp.tas.gov.au/. and implementation (where appropriate) of guidelines, policies and procedure of the Commission. It will also be a forum at which continuing education can be facilitated, Resource Management and Planning including the dissemination of information regarding Appeal Tribunal recent decisions, and the development of advocacy training for those who appear, or wish to appear, before The Resource Management and Planning Appeal Tribunal the Commission. is an independent statutory body established by the The TICUG will meet three or four times a year Resource Management and Planning Appeal Tribunal Act depending on the needs and wishes of the members. 1993. Its objectives are to: The President participated in Unions Tasmania’s annual • promote the sustainable development of natural and Anna Stewart Memorial Project, an annual work physical resources and the maintenance of ecological experience program aimed at increasing women’s active processes and genetic diversity; union involvement. • provide for the fair, orderly and sustainable use and The President attended a meeting of the Heads of all development of air, land and water; State Tribunals and the Federal tribunal.These meetings • encourage public involvement in resource are convened to further cooperation between the management and planning; various tribunals and exchange information of mutual interest to all tribunals. • facilitate economic development in accordance with these objectives; and Workers Rehabilitation and • promote the sharing of responsibility for resource management and planning between the different Compensation Tribunal spheres of Government, the community and industry in Tasmania. The Workers Rehabilitation and Compensation Tribunal The Tribunal is also responsible for the Forest Practices hosts the Tribunals listed below, providing the registry, Tribunal and the Building Appeal Tribunal. accommodation and full administrative support for all Tribunals that are headed by the Chief Commissioner of Find the Resource Management and Planning Appeal the Workers Rehabilitation and Compensation Tribunal: Tribunal annual report, decisions and other information at https://www.rmpat.tas.gov.au/. • Anti-Discrimination Tribunal; • Asbestos Compensation Tribunal; • Health Practitioners Tribunal;

Department of Justice Annual Report 2017–2018 31 “There has been, and will continue to be, a lot of changes in BDM.We’ve gone from using exclusively manual records to a digital system, and we’re moving more and more to web-based interactions with our clients.”

32 Department of Justice Annual Report 2017–2018 Staff profile: Tony Damm

Tony Damm has been helping Tasmanians navigate some of “We developed a way to scan the documents and life’s major milestones for a decade. attach them to the records so that we had a searchable database and could process them more efficiently.” In those ten years at the Tasmanian Registry of Births, Deaths and Marriages, he has been involved in some The Department’s flexible work practices have also significant changes in the way information about these provided Tony with career-changing opportunities. critical life events is managed. A family emergency led to Tony seeking 12 months Tony started his career in a client service role, finding leave without pay so that he could temporarily move to great satisfaction in assisting clients who were seeking to Queensland. He spent this time working in temporary register a birth or marriage, or those dealing with a death roles for a private company and was then able to transfer in the family. his new project management and document control skills to the BDM office. The second half of his time with BDM has allowed Tony to branch out into data management, and he is now at “I came back with a fresh outlook on my work and the the forefront of introducing technology that will forever confidence of knowing I could take on new things – so it change the way births and marriages are registered in this was a win-win situation,” he said. state. Now a veteran of the tight-knit BDM team,Tony is “The first half of my career was all about helping people looking forward to an innovative future, which will in the community,” Tony, a Senior Registry Officer (Data produce better results for the Tasmanian community even Management), said. as the BDM workload increases. “Either they’d just had a baby or had just got married, “There has been, and will continue to be, a lot of changes or maybe they were going through a sad time.That was in BDM.We’ve gone from using exclusively manual satisfying work, spending time on the phone making the records to a digital system, and we’re moving more and process as smooth as possible for them.” more to web-based interactions with our clients,” Tony said. “But now I’m finding that sense of satisfaction in being a part of changing the way Births, Deaths and Marriages “We value teamwork in our office and it is vital as we is operating.These are significant changes we’re working move forward.” on and that will be something I can look back on and feel good about.” Tony’s career has benefited from regular training offered by the Department and the opportunities he has been given to generate and develop new and better ways of working. Early in his career,Tony was at the forefront of changes to filing marriage registrations that streamlined the process through the use of digital records. “At busy times we would get so many marriage registrations in one week that our filing system just couldn’t keep up,” he said.

Department of Justice Annual Report 2017–2018 33 4. Output Group 2 Legal Services

34 Department of Justice Annual Report 2017–2018 Crown Law • major infrastructure projects; • major development projects; and Crown Law provides a framework for the provision • other Government contracts. of legal services to the State of Tasmania. It provides This year 1,809 new matters were opened, which is support to the independent statutory officers, the largely consistent with last year (1,822 new matters) and Solicitor-General and the Director of Public Prosecutions, continues a long-term trend of strong demand for Crown and encompasses the Office of the Crown Solicitor. Solicitor services.This is due to a variety of factors Together with the independent statutory officers, it including the level of transactional activity requiring ensures that Government is provided with accurate, legal services and a government focus on infrastructure timely and effective legal services. investment. The Office of the Crown Solicitor, in addition to Solicitor-General providing routine transactional legal services, continues The Solicitor-General is an independent statutory officer to provide high quality legal advice and services for major responsible for providing legal advice to Ministers, procurements, contracts and projects including: departments and other government instrumentalities, • the Parliament Square project; and undertaking constitutional litigation on behalf of the Crown. • the Theatre Royal redevelopment project; The Solicitor-General reports annually to Parliament on • the Tasmanian Government Radio Network (TasGRN) the exercise of his functions. Find the Solicitor-General’s project; annual report and other information at https://www. • new bus contracts for services subsidised by the crownlaw.tas.gov.au/solicitorgeneral. Crown; • the Bruny Island ferry service procurement; and Director of Public Prosecutions • other projects relating to Crown land. The Office of the Director of Public Prosecutions is This year the Office also commenced a project to rewrite responsible for the: the Crown’s existing procurement documentation.The • conduct of all criminal prosecutions on indictment in first stage of the Project involves: the Supreme Court of Tasmania; • Stakeholder engagement – meeting with each • prosecution of some regulatory offences; agency’s procurement team seeking feedback as to • conduct of appeals from the Magistrates Court to the their experience with Crown Law’s current suite of Supreme Court on behalf of the State; and Request for Quotation templates; • conduct of all child safety legal matters on behalf • Making the documents more user friendly - of the Secretary of the Department of Health and making the Request for Tender document easier Human Services. to use so that agencies can clearly capture the relevant commercial details upfront (including the The Director of Public Prosecutions reports annually to specification); Parliament on the exercise of his functions and is funded through a direct appropriation. Find the Director of • Streamlining - rationalising the conditions of contract Public Prosecutions’ annual report and other information governing goods and services (including consultancy at https://www.dpp.tas.gov.au/. services) so that there is one standard contract for the supply of most goods and services; and Crown Solicitor • Standardised legal documentation – capturing the “conditions of quotation” and “conditions of The Office of the Crown Solicitor provides commercial contract” as stand-alone documents. law and conveyancing services to the Crown, including services related to: The next stage of the project is to consider procurement documentation governing IT matters and building and • property acquisition and disposal; construction. • leases and licences of Crown land; • procurement of goods and services including tendering; • Government grants; • financing transactions;

Department of Justice Annual Report 2017–2018 35 Strategic Legislation and Policy • Sentencing Amendment (Mandatory Sentencing for Serious Sexual Offences Against Children) Bill 2018;

The Office of Strategic Legislation and Policy is • Sentencing Amendment (Phasing Out of Suspended responsible for developing and reviewing legislation Sentences) Bill 2017; for the Attorney-General and Minister for Justice and • Statutory Appointments (Miscellaneous Amendments) providing strategic policy advice in relation to law reform Bill 2017; and and the administration of justice. • Terrorism (Restrictions on Bail and Parole) Bill 2018. The Office assists the Attorney-General in discharging their Parliamentary, Ministerial and constitutional duties, Policy development including: The Office also progressed policy development on a • Commonwealth and State meetings such as the range of issues, including: Council of Attorneys-General (CAG) and the Legislative and Governance Forum on Corporations; • development of and broad consultation on a Position and Paper on Bail Law reform in Tasmania; and • administering cooperative legislative schemes • contributing to national policy development in a range established by Inter-Governmental Agreements such of important areas including family violence and a as Corporations, Defamation, Uniform Evidence and national response to elder abuse. Classification Laws. Regulations made and remade The Office is also responsible for copyright administration for the whole of Government for Tasmania Section 11 of the Subordinate Legislation Act 1992 provides other than Education. that subordinate legislation is automatically repealed on In 2017-18, the Office participated in two Council of the tenth anniversary of the date on which it is made. If Attorneys-General (CAG) meetings and provided advice the regulations are still required, they need to be re- and support to law enforcement, family violence and made. community safety projects agreed to by the CAG and The following regulations were either made or re-made monitored through the CAG Senior Officials Group. in 2017-18: Bills introduced • Neighbourhood Disputes About Plants Regulations 2017; The following bills were developed through the Office • Workers Rehabilitation and Compensation and either introduced into, or passed by, Parliament in Amendment Regulations 2017; 2017-18: • Explosives Amendment (Fireworks) Regulations 2018; • Corrections Amendment (Prisoner Remission) Bill 2018; • Evidence (Audio and Audio Visual Links) Regulations 2018; • Court Security Bill 2017; • Legal Profession (Prescribed Authorities) Regulations • Criminal Code Amendment (Dangerous Driving) Bill 2018; 2017; • Magistrates Court (Civil Division) (Fees) Regulations • Evidence and Related Legislation Amendment Bill 2018; 2017; • Monetary Penalties Enforcement Regulations 2018; • Expungement of Historical Offences Bill 2017; • Rules Publication Regulations 2018; • Family Violence Amendment Bill 2017; • Sentencing Regulations 2018; • Justice and Related Legislation (Miscellaneous Amendments) Bill 2016; • Guardianship and Administration Regulations 2017; • Justices of the Peace Bill 2018; • Associations Incorporation Regulations 2017; and • Limitation Amendment Bill 2017; • Associations Incorporation (Model Rules) Regulations 2017. • Neighbourhood Disputes About Plants Bill 2017; • Sentencing Amendment (Assaults on Off-Duty Police) Bill 2018; • Sentencing Amendment (Sentences of Imprisonment) Bill 2017;

36 Department of Justice Annual Report 2017–2018 Department of Justice Annual Report 2017–2018 37 “Being one of two female Senior Counsel among the 15 currently practising was just the start of a cultural change occurring in the legal profession, which traditionally has had difficulty retaining women in the workforce.”

38 Department of Justice Annual Report 2017–2018 Staff profile: Linda Mason

Linda Mason’s career proves what can be achieved Linda also lectures at the Tasmanian Legal Practice course through hard work and a supportive workplace. and works in professional development activities in the office of the DPP and for Tasmania Police prosecutors. Linda this year became one of only three women in the state to have been appointed Senior Counsel. Linda said being one of two female Senior Counsel among the 15 currently practising was just the start of a Now the Deputy Director of Public Prosecutions wants cultural change occurring in the legal profession, which to inspire more people, especially females, to strive for traditionally has had difficulty retaining women in the higher honours in their chosen careers. workforce. “Hopefully I can be a mentor for others who work Historically this was due to the demands of practice, the tirelessly developing their professional careers while culture of the workplace and the difficulty of balancing trying to juggle a home life and family,” said Linda, who family and work commitments. has been practising as a prosecutor in the office of the Director of Public Prosecutions since being admitted as a “I think there are changes under way to recognise the legal practitioner in 1994. importance of flexible workplaces for both males and females,” Linda said. “It’s pretty special to be one of three women silks in the state. It illustrates that women are now realising they can The support she has received has allowed Linda to succeed and have a good work-life balance.” concentrate on her passion for acting as a voice for vulnerable people. Senior Counsel, formerly known as Queen’s Counsel, are appointed by the Chief Justice after consultation with “Working in criminal law is important because we are other judges, tribunal heads, the Law Society of Tasmania the conduit between the community and the court and the Tasmanian Bar. system and this accolade recognises the quality of service provided by the DPP,” Linda said. Legal practitioners can submit an expression of interest and the appointments are a reflection of the successful applicant’s outstanding service in the administration of justice. North-West-based Magistrate Tamara Jago was the first Tasmanian woman “silk”, as Senior Counsel are traditionally called, while Sandra Taglieri was appointed from the private bar along with Linda in May. Linda was also the first woman in Tasmania to be appointed as a Crown Law officer, in 2010. Her work involves appearing as leading or sole counsel in complex and difficult criminal trials and appeals while also providing substantial supervision and mentoring of other prosecutors.

Department of Justice Annual Report 2017–2018 39 5. Output Group 3 Corrections and Enforcement

40 Department of Justice Annual Report 2017–2018 Tasmania Prison Service (TPS) The Dr Vanessa Goodwin Cottages On 13 May 2018, a specialised unit providing modern The TPS aims to contribute to a safer Tasmania by childcare facilities for mothers with newborn babies was ensuring the safe and secure containment of prisoners, unveiled at the Risdon Prison site by Attorney-General and by providing them with opportunities for and Minister for Justice, Corrections, Environment and rehabilitation, personal development and community the Arts, the Hon Elise Archer MP. The unit was named engagement. after the late Attorney-General and Minister for Justice The TPS’s facilities at Risdon Vale, Hobart and Launceston and Corrections, Dr Vanessa Goodwin, who was well provide custody (at various levels of security) and care known for her commitment to prisoner rehabilitation. for prisoners and people on remand.The reception The new facility will increase accommodation capacity prisons in Hobart and Launceston also provide short- for the Mary Hutchinson’s Women’s Prison (MHWP) and term accommodation for people detained in police provide a comfortable and warm environment to help custody. strengthen the bond between mother and baby in that Access more information about the Tasmania Prison early critical period of life. It will have secure indoor and Service at https://www.justice.tas.gov.au/prisonservice. outdoor play areas and will also cater for mothers with disabilities. Overview Roster Review In 2017-18, the TPS has continued to undertake significant work to improve rehabilitation and throughcare The TPS has engaged an independent roster expert, outcomes for prisoners in line with Breaking the Cycle – A Shiftwork Solutions, to conduct a review of rosters for Safer Community: Strategies for Improving Throughcare for the TPS.The aim of the review is to achieve rosters Offenders 2016-2020. for the TPS that provide the capability to progress a number of key initiatives linked to Breaking the Cycle, for Tasmania’s prison population has increased in line with example, improved out-of-cell hours and greater access the national trend, and whilst the TPS is not at capacity, and engagement in activities. In particular, the review the higher prisoner numbers can reduce operational aims to improve the quality and delivery of services by flexibility. ensuring appropriate staffing levels to operate prisons The Tasmanian Government has provided significant for the TPS while realising efficiencies for savings or funding to boost capacity and fix ageing infrastructure, reinvestment. and further details of the specific projects underway are The review is progressing well with high levels of staff contained in the Strategic Infrastructure and Projects engagement and draft rosters have been developed for section of this report (Section 7). consultation with staff and unions.

Above left: Attorney-General and Corrections Minister Elise Archer, left, at the site of new facilities being built at the Mary Hutchinson Women’s Prison at Risdon, with cousins of Vanessa Goodwin, from left, Claire Goodfellow, Rebecca Terry, Maggie Saunders and Elizabeth Saunders. Above right: Mr Ian Thomas, Director of Prisons, left, with Attorney- General and Corrections Minister Elise Archer.

Department of Justice Annual Report 2017–2018 41 • TPS Performance and Compliance Framework (PCF) – Developing an integrated risk-based compliance management system, which incorporates all of the following systems which are currently under development within the TPS: • KPI Monitoring and Performance – the development of a suite of key business objectives across all TPS departments and an associated system that will promote improved performance in high risk, core business services; • Incident Management System (IMS) – a central register of all TPS incidents has been developed and is in use that meets internal KPI and Australian Government (Report on Government Services, ROGS) reporting requirements; Correctional Officer Recruit Graduation • Investigations – the P&C Unit has conducted pilot investigations and the Unit will, in time, conduct In the past financial year, the TPS has welcomed 41 new or oversight TPS in the conduct of professional Correctional Officer recruits to its ranks. investigations within the organisation; On 22 December 2017, 18 correctional officer recruits • Integrated Performance System (IPS) –The IPS graduated and a further 23 graduated on 27 April 2018. allows TPS to capture, monitor and manage all Graduation ceremonies were held at the end of both items requiring action within the organisation from rigorous 11-week training courses and the new officers all stakeholders – internal and external. Since the celebrated with their families and colleagues.The implementation of the IPS in early 2018 more than TPS wishes the new Correctional Officers a long and 200 items requiring action across all prisons in high- successful career in Corrective Services. risk or high-priority areas have been resolved by responsible managers; Legislative Reform and Policy Development • TPS Reporting – enhanced TPS reporting to include and Review reporting and analysis of performance against KPIs, as well as identifying trends relating to high-risk issues A significant body of work was completed in order to across the organisation; review and develop a number of TPS policy documents to coincide with the enactment of the Corrections • Risk Management – in addition to the Work Health (Miscellaneous Amendments) Bill 2016.The enactment and Safety (WHS) Risk Management process, the of the new legislation involved changes to provisions re-implementation of the Strategic Risk Register and involving migration detainees, searching, conducting a development of an automated “live” Risk Management business in or from prison, prisoner change of name and System through the IPS will provide a sound basis disclosure of health information. for the risk-management approach of TPS to core business services; and Policy review and development has continued to provide support to TPS outputs in order to address • Internal Audit and Compliance – a flexible, prioritised, emerging trends and issues in contemporary correctional and risk-based audit schedule spanning 3 years and management and operations. covering all core TPS business processes, with an emphasis on identifying and correcting breaches Implementation of Performance and and controlling risks. Process audits commenced in September 2017 and have continued to have a Compliance Unit significant positive impact on high-risk processes and The TPS Performance and Compliance (P&C) Unit is the associated work areas. responsible for promoting compliance with legislation, policies and guidelines within the TPS and ensuring – as far as is practicable – that the prison service meets its reporting obligations.The Unit is also responsible for the development and implementation of systems that facilitate monitoring of TPS performance against key requirements, or “key performance indicators” (KPIs).

In particular, the TPS P&C Unit is responsible for the Above: Graduating Correctional Officers entering their graduation following functions: ceremony.

42 Department of Justice Annual Report 2017–2018 Performance Work Health and Safety There were no deaths in custody due to apparent The TPS has initiated several measures focussed on unnatural causes in 2017-18. supporting staff who may experience psychological injuries as a result of undertaking their duties. During While assault figures for 2017-18 were higher than the year, the TPS developed and introduced the PARLIE for the previous year, the number of prisoners and (Prepare,Act, Recover, Learn, Improve, and Evaluate) remandees this year was also up on 2016-17. It is noted process. that the number of serious prisoner on prisoner assaults declined significantly in 2017-18. PARLIE is a simple full-circle incident performance and recovery process that is being introduced into TPS to provide a more effective way of managing critical Table 5.1:Assaults: Prisoners on staff and cumulative incidents.The Mates Are There for Measure 2016-17 2017-18 Encouragement and Support (M.A.T.E.S) team is being Serious assaults 1 2 equipped to facilitate a cool down after incidents with further training planned in the future. Assaults 7 18 A new group of Health and Safety representatives was elected in February and is receiving training to assist staff Note: For national comparability purposes, these figures with safety related matters. do not include assaults by watch-house detainees. Chemical management improvement, and prevention strategies against trips and falls involving stairs have been Table 5.2:Assaults: Prisoner on prisoner developed during the year and will come online in Measure 2016-17 2017-18 2018-19. Serious assaults 16 7 Assaults 42 79

Note:Assaults are measured by the number of victims, not the number of attackers or events and are broken down by seriousness. A ‘serious assault’ is defined as one requiring overnight hospitalisation, on-going medical treatment or any sexual assault. An ‘assault’ is defined as an act of physical violence resulting in physical injuries (which may or may not require medical treatment).

Table 5.3: Escapes

Measure 2016-17 2017-18 Secure Custody 0 0 Open 0 0

Table 5.4: Staff Days Lost Due to Workers Compensation

Measure 2016-17 2017-18 Average days lost 11.3 12.1 Total days lost 587 593

The percentage of random urinalysis tests completed this year was 86% compared to 93% last year. The percentage of Tier 1 health assessments completed this year was 100%. This was the same result as last year. The average out of cell hours per prisoner per day was 8.5 this year, compared to 8.8 last year.

Department of Justice Annual Report 2017–2018 43 Induction Prison Program The TPS Induction Prison Program has now been in place at the Hobart Reception Prison for more than a year.This five-day program provides the TPS with an opportunity to commence the assessment process with prisoners, to provide them with some basic training in WHS and Food Handling.A peer supporter also takes time to provide new receptions with information about what prison is like, and the kinds of opportunities available to them. As part of the continued assessment process, prisoners have been given the opportunity to state what their program and educational needs are and the TPS is able to collect data that informs prisoners’ education and program preferences.

Figure 5.1: Prisoner education preferences Figure 5.2: Criminogenic program preferences

Alcohol and Other Drugs Counselling Computers

EQUIPS Addiction Construction

EQUIPS Aggression Diploma Degree

EQUIPS Domestic Abuse Engineering

EQUIPS Foundation Food Industries

Horticulture

Humanities

Literacy & Numeracy

44 Department of Justice Annual Report 2017–2018 Circle of Security: Attachment-Parenting Sustainable Prison Project – Paper Bricks Program Prisoners from the Medium Security Precinct within the The Circle of Security Program has been used around the Risdon Prison Complex began work recently on the world for more than 20 years but it was run in a prison Paper Bricks Project as part of contributing to the TPS for the first time this past year.The attachment-parenting being a sustainable prison. program was run by Speech Pathologist Rosie Martin and The bricks created from the project are utilised as a her organisation, Chatter Matters. Ms Martin began her substitute for firewood. Paper bricks are made from used volunteer work in the men’s prison by teaching illiterate paper sourced currently from within the Medium Security prisoners to read and write.This work resulted in Ms Precinct and cardboard sourced from various RPC sites. Martin being named Tasmania’s 2017 Australian of the Sawdust supplied by the Ron Barwick Minimum Security Year. Prison (RBMSP) Wood Workshop is also used as part of The parenting attachment course focuses on encouraging the brick creating process.Work is under way to expand and supporting learning in children and reflecting supply to the project from other areas within the prison, on parenting.The success rate for the program was with a goal to increase prison recycling of disposed paper extremely high and the program featured on the ABC’s for the production of bricks. Currently 1,100 bricks are 7.30 Report in January 2018.The Government has ready for distribution. committed $150,000 in the 2017-18 State Budget to run The first recipient to receive a donation of bricks will be 15 more cycles of the program in the prison and three the Risdon Vale Community Centre. It is envisaged that staff training sessions. as the project expands other charitable organisations will benefit from the project, which aims to give back to the New Industry Opportunity community. The TPS commenced a trial to construct oyster baskets for a local oyster farmer in October 2017, which has proved successful.The TPS was provided a further order in May of 15,000 oyster baskets. It is expected that the last 2,500 of these will be completed in July. A target of constructing 1,000 baskets per week was set and the prisoners working on this project were able to maintain the required output. It is hoped that the TPS will continue to support the local business and potentially provide this service to others in the future.

Above left: Rosie Martin working with prisoners as part of the Circle of Security Program (Picture courtesy of ABC News, Natalie Whiting). Above right: Bricks made by prisoners from recycled paper and woodchips.

Department of Justice Annual Report 2017–2018 45 Education and Training four month period.The project also aimed to create a bridge for participants to take up other learning The TPS and TasTAFE have continued to work together opportunities.The project leads are currently in the to provide a variety of training courses in 2017-18. process of finalising a printed publication of the work. Prisoner Education and Training staff are currently The participants progressed from being reluctant to write working with TasTAFE to implement the 2018 Vocational anything to independently working through their ideas Education and Training Plan. Both organisations are and getting them on paper and resolving these to the continuing to look for ways to increase the number of point that they were comfortable enough being recorded courses as well as delivery methods.The focus is on reading them aloud.The gains they made in using language offering a targeted set of employment pathways that will more carefully and expressively were noticeable. provide prisoners with employability skills and knowledge prior to their release in areas such as construction, A total of 22 participants were engaged, 15 of horticulture and hospitality. them wrote poems for publication and 35 poems were submitted, including two group poems. Of the The TPS has an ongoing strong relationship with the participants, three have continued to write poetry University of Southern Queensland (USQ), which beyond the group that the coordinator is aware of, six provides computer-based on-line and off-line learning have engaged with other literacy supports or other opportunities in preparation programs to prisoners. educational opportunities and three have requested full USQ successfully established a projected titled “Get time education at the end of the course. Connected” specifically designed for prison education. It has developed an off-line program called “Study Desk” Artists with Conviction and has provided the TPS education area with the necessary hardware and software free of charge. In November 2017, the TPS held its seventh consecutive Artists with Conviction Exhibition.The exhibition, titled Tales from the SLAMmer ‘Ever Changing Weather’, was housed at the Mawson’s Waterside Pavilion. The TPS partners with a variety of, government and non- government, organisations in order to facilitate learning As with previous years, the exhibition was open to all and development opportunities for prisoners. One prisoners and offenders subject to community-based significant partnership is that between the TPS and LINC orders statewide, providing them with an outlet for Tasmania, through which an innovative project using a expression and the ability to develop and improve their Writer in Residence model and Slam Poetry as the focus, creative and vocational skills. commenced during 2017-18. Attendance at the exhibition exceeded previous The project arose following an identified need to provide years, with more than 500 persons attending. Prisoner informal educational opportunities for prisoners with engagement also increased with more than 80 entries low literacy levels, that is, those who are not able to from prisoners.The TPS would like to thank the very participate in more demanding accredited qualifications generous sponsors who supported the event:Women’s and/or who have memories of education as a negative Health Tasmania, 26 Ten, LINC Tasmania, ad Art,The 20, experience. Artery and the University of Tasmania. This project involved workshops on two days per week Planning for the 2018 exhibition is well under way. that minimised barriers to engagement over a three to

46 Department of Justice Annual Report 2017–2018 Prisoner Work many factors, including police and court practices and corrective services. Prisoner participation in structured activities, such as work, contributes to a healthier and more stable prison The figures measure the proportion of adults returned environment, as well as improved prisoner behaviour. to corrective services under sentence for a new offence within two years of being released from prison or Participating in work gives prisoners and detainees the completing a community-based order. opportunity to learn and develop skills, give back to the community and prepare for reintegration, reducing their People are counted as having ‘returned to corrections’ if: risk of re-offending when released. • within two years of release from prison, they start a Wherever possible, work at the TPS is aligned to further period of sentenced imprisonment or a new vocational training to improve prisoners’ employability probation or community service order; upon release. Some examples of the linkages between • within two years of completing a probation or work and vocational training are cleaning, food handling, community service order, they start a period of construction and horticulture. Employment-related sentenced imprisonment or a new probation or courses such as First Aid are also widely available. community service order; or The TPS has established links with the community where • while serving a community service or probation order, prisoners are able to participate in community service they start a period of sentenced imprisonment. work. For example, there are a number of prisoners The figures from the most recent ROGS are provided working at the Botanical Gardens and Government below. Figures for 2017-18 will be publicly available when House - a service that has been provided to the the next ROGS is published in January 2019. community for many years. Other places where prisoners work include: Adult offenders released from prison • the Community Garden on the Risdon Prison site; • Kingston Community Garden; Table 5.5: Prisoners released during 2014-15 who returned to prison or corrective services with a new sentence or a new • Scout Association of Australia (The Lea); correctional sanction within two years: • City Mission, Moonah; Prisoners returning to: TAS AUS • Dogs’ Homes of Tasmania; Prison 44.3% 44.8% • RSPCA Mornington; Corrective services 55.0% 53.4% • St David’s Cathedral, Adult offenders discharged from community corrections orders • Velocity Church and Christian Family Centre; • Relay for Life, Hobart; and Table 5.6: Offenders discharged from community corrections • various projects in partnership with Clarence City orders in 2014-15 who returned to corrective services with a Council and Risdon Vale Neighbourhood Centre. new correctional sanction within two years: Female prisoners in the MHWP are employed in the Offenders returning to: TAS AUS kitchen and laundry, undertake cleaning and gardening Community Corrections 18.1% 15.9% work, and can participate in ‘Handmade with Pride’ which Corrective Services 24.2% 25.3% provides items to the Royal Hobart Hospital neonatal ward, Cancer Council, UnitingCare, and the Launceston General Hospital neonatal ward. Prisoner participation in community service activities supports the concept of altruism among prisoners and connects them to pro-social people and groups in the community.

Return to Corrections One of the primary objectives of Tasmania’s criminal justice system is to reduce the incidence of repeat offending by offenders.This is tracked using benchmarks from the national data on return-to-corrections rates, which is published in the annual Report on Government Services. Return-to-corrections rates are affected by

Department of Justice Annual Report 2017–2018 47 “I enjoy the daily challenges. And seeing a prisoner change their life – that brings a lot of satisfaction.”

48 Department of Justice Annual Report 2017–2018 Staff profile: Shaun Wheeler

Managing a correctional facility comes with its fair share Cancer Council Tasmania and the neonatal wards of challenges; yet Shaun Wheeler has always enjoyed his of the Launceston and Hobart hospitals. In addition, job. prisoners were taught basic sewing skills and the use of industrial machinery that provided future employment Whether it is seeing prisoners step away from their opportunities. offending behaviour, facilitating the upgrade of facilities or fostering camaraderie with staff, Shaun’s work life is In his current role, Shaun and his team have implemented consistently satisfying. an induction program that is delivered to every prisoner entering the TPS. Prisoners passing through the facility “I enjoy coming to work,” Shaun, a veteran of 31 years also undertake food-handling and work health and safety with the Tasmania Prison Service, said. courses ensuring they are ready to work when they “I enjoy the daily challenges.And seeing a prisoner change move into the wider system. their life – that brings a lot of satisfaction.” “It’s a total change from just lock and key,” Shaun said. Change has been a constant theme across Shaun’s career. “It’s more satisfying and it’s better for their rehabilitation. He started with the TPS as a Correctional Officer in We’re providing them with the skills, knowledge and 1987, when the job centred on accounting for prisoners assistance to move forward.” with a “lock and key” approach. Once attaining managerial level, Shaun has adopted an “It was a whole lot different to the restorative justice and open-door policy that endeavours to foster a positive rehabilitation principles that we work with now,” Shaun cohesive environment that supports and values staff. said. “There was no alarm system, there was no radio system, no computers and everything was recorded in a book. There’s been a lot of change.” Being able to adapt to that change, as well as undertaking further study, afforded Shaun opportunities to advance and move steadily through the ranks. He is currently Superintendent at the Hobart Reception Prison, where he is overseeing a significant refurbishment, but has been employed in every facility within the prison service. Shaun was the last full -time manager of Hayes Prison Farm before it was decommissioned in 2012. He then moved to the Mary Hutchinson Women’s Prison where he was instrumental in the implementation of the Handmade with Pride sewing program. This program drew on the principles of restorative justice, with items made by the prisoners donated to various community organisations including the

Department of Justice Annual Report 2017–2018 49 Community Corrections Collaborative Initiatives Community Corrections has established important Community Corrections contributes to a just and relationships within the community to combine resources safe Tasmania by working with offenders, through a and expertise to provide targeted services.These combination of support and accountability, to inspire services include a partnership with Maxx Employment to positive change in their lives. deliver employment services via their CHOICES initiative, Its core services include: which includes assessments, training and support necessary for offenders to gain employment. • case managing offenders who are ordered to serve their sentence in the community, via various types of The Department of Education’s LINC literacy Community Based Court order; support program is based in Community Corrections accommodation and provides the following services: • undertaking assessments and reporting on offender risks and needs to assist the decision making of the • general literacy support; Courts and the Parole Board; and • group skills training such as White Card and other • delivering programs to reduce re-offending. general group learning with a literacy or training pathway; Community Corrections has offices located in the Hobart CBD, Glenorchy, Launceston, Devonport and • support with TAFE enrolment or studies or enquiries Burnie. into available courses/training; Services are also provided at shared office locations in • assistance with applying for Learner Driver Licences; Rosny Park, Huonville, Sorell, New Norfolk, Queenstown, and Smithton, George Town and Ulverstone. • assistance with form filling such as MPES payment variations and ID applications. Order Completions Staff Development Initiatives The Report on Government Services is issued each year by the Productivity Commission and includes Tasmanian Prison Service and Community Corrections comparative measures of performance within Corrective share resources and expertise to provide staff with Services across Australia. The most recent report professional skills and development essential for their highlighted that Community Corrections in Tasmania roles within the justice system. continues to achieve high rates of order completion. This year staff accessed training opportunities in The overall order completion rate of 86.4% in Tasmania tactical communications to enhance skills necessary to compared favourably with the Australian average 72.2%. confidently deal with difficult and aggressive situations. The full report is available at the Report on Government Another important initiative allowed case management Services website. staff to receive professional training in the area of contemporary Sex Offender Management.The training Sentencing Changes was delivered through Queensland Corrective Services. The Government’s amendments to the Sentencing Act, An internal program was commenced to provide 1997 have continued to be a major focus of activity for development and support for staff in leadership positions. Community Corrections. The program is heavily focused around emotional The first tranche of these amendments introduced intelligence and has been received positively by deferred sentences and extended Court Mandated participants. Diversion as a sentencing option for the Supreme Court. The implementation of these changes has proceeded Engaging with Stakeholders smoothly. Community Corrections is committed to engaging The second tranche will bring Community Service and with relevant stakeholder groups to help support their Probation Orders together into a single order type – initiatives to improve integration of offenders back into Community Corrections Orders. Home detention and the community. electronic monitoring orders will also be introduced as In 2017-18, senior staff attended meetings of JusTas and part of tranche two. CAPO (Children affected by Parental Offending). The amendments are expected to commence during JusTas is a forum that brings together representatives of a 2018-19 and significant work has been completed in wide variety of community and government organisations preparation for these changes.This work has included a to identify initiatives to improve reintegration of tender request for the provision of electronic monitoring offenders. services for persons sentenced to home detention.

50 Department of Justice Annual Report 2017–2018 CAPO is an initiative of Pastor Norm Reed of the Table 5.8: Parole orders completed Christian Family Centre Church in Hobart. CAPO brings together government agencies and community groups to Measure 2015-2016 2016-2017 2017-2018 identify initiatives that will enhance the lives of children Number of parole 77 93 120 who have a parent who is imprisoned or subject to a orders imposed community order. Number of parole 80 83 85 orders completed Safe at Home Number of parole 31 27 36 Safe at Home is an integrated whole-of-government orders revoked criminal justice response and intervention system to family violence that aims to: Community Service Orders • improve the safety and security for adult and child Work performed under Community Service Orders victims of family violence in the short and long term; provides an opportunity for offenders to give back to • ensure that offenders are held accountable for family the community. Community Corrections works closely violence as a public crime, and change their offending with local groups to identify meaningful opportunities for behaviour; offenders to serve their orders. • reduce the incidence and severity of family violence in A good example is the work pictured below, which was the longer term; and performed with the Tasmania Parks and Wildlife Service Northern Region. CSO Workers completed work on • minimise the negative impacts of contact with the public walking track maintenance at Cormiston Creek, a criminal justice system on adult and child victims. wetlands area just outside of Launceston. Safe at Home annual reports, other publications and The completion rate for community service orders in information can be found at https://www.safeathome.tas. Tasmania was 79.6%.This was the second highest in gov.au/. Australia, and above the national average of 76.4%. Probation Orders Table 5.9: Community service orders completed Offenders subject to a probation order are supervised through case management to reduce their risk of re- Measure 2015-2016 2016-2017 2017-2018 offending. Offenders are referred to community services and/or support services, which provide them with tools Number of CSOs imposed 776 788 784 to lead a pro-social lifestyle. Number of CSOs 973 738 773 completed The number of probation orders increased by 9% during Number of CSOs revoked/ 202 154 137 2017-2018. cancelled

Table 5.7: Probation orders Preparation of Reports

Measure 2015-2016 2016-2017 2017-2018 An important part of the work performed by Community Corrections is the preparation of reports to the Courts Number of probation 1,149 1,058 1,154 orders imposed and the Parole Board to help them make their sentencing and parole decisions. Number of probation 1,039 1,114 984 orders completed Number of probation 45 51 35 Table 5.10: Court and Parole Board reports completed orders revoked/cancelled 2015-2016 2016- Measure 2017-2018 Parole Orders 2017 Total reports prepared 1,839 1,788 2,036 Parole orders enable prisoners to serve a portion of Pre-sentence reports 1,009 1,041 1,174 their sentence of imprisonment under supervision in the community. Parole supervision is monitored stringently, Pre-parole reports 129 160 177 and breaches of conditions are highly likely to lead to Screening assessments 476 426 538 revocation.When a parole order is revoked, the inmate CSO suitability assessments 137 159 135 is returned to prison to serve the remainder of their Deferred sentence N/A 2 12 sentence, including the time they had spent in the assessments community (unless the Parole Board directs otherwise).

Department of Justice Annual Report 2017–2018 51 Court Mandated Diversion (CMD) Table 5.12: Completion rates for the Sober Driver Program

CMD has continued to be an effective sentence for Date Offenders who Offenders who Completion drug related offending and, in 2017-18, amendments to started the finished the Rates the Sentencing Act 1997 in February provided for the program program expansion of this program, allowing Supreme Court July 2008 - Judges to use CMD as a sentencing option. June 2009 33 19 57% Drug Treatment and Bail Diversion Orders are imposed July 2009 - by the Magistrates Court and are supervised by Court June 2010 70 47 67% Diversion Officers in the CMD program. Sentencing for July 2010 - these orders has established a link between a person’s June 2011 114 88 77% offending behaviours and their use of an illicit substance. July 2011 - The 2017-18 Budget provided additional funding to June 2012 89 79 88% increase participant numbers in the program. CMD July 2012 - assessment reports grew significantly as a result with June 2013 171 143 83% 141 suitability assessment reports requested compared July 2013 - to 108 the previous year.Twenty of those assessment June 2014 174 136 78% requests came from the Supreme Court. July 2014 - June 2015 237 199 84% Table 5.11: CMD orders imposed July 2015 - June 2016 183 159 87% Measure 2015-2016 2016-2017 2017-2018 July 2016 to June 2017 151 128 85% Number of drug treatment 66 44 56 orders imposed July 2017 – June 2018 109 84 77% Number of bail diversion 43 42 34 orders imposed Family Violence Offender Intervention Number of Supreme court N/A N/A 7 orders imposed Program (FVOIP) The Safe Homes, Safe Families:Tasmania’s Family Violence Sober Driver Program (SDP) Action Plan 2015-2020 was developed in 2005 as a whole of government response to family violence. The SDP was introduced into Community Corrections in July 2008. It is an educational and skill-based group The Family Violence Offender Intervention Program program that targets adult drink driving offenders. (FVOIP) is an important component of this strategy and is managed by Community Corrections. Demand is high, Originally developed by the Department of Transport for with Magistrates consistently referring offenders to this New South Wales, the program addresses issues such program. as the consequences of drink driving, effects of alcohol on driving, managing drinking situations, alternatives Delivery of the program commenced in July 2007. It is to drinking and driving, relapse prevention and stress a high intensity program most appropriate for high-risk management. offenders.All participants are assessed prior to being directed to the program which aims to assist offenders Evaluation studies conducted in NSW found that reduce their family violence behaviour and attitudes by offenders who completed this program are more changing the way they think, their actions and the choices than 40% less likely to re-offend within two years of they make. completion than similar offenders who received sanctions alone.

52 Department of Justice Annual Report 2017–2018 Table 5.13: Number of persons commencing and completing the FVOIP

2014-15 2015-16 2016-17 2017 -18 Commenced Completed Commenced Completed Commenced Completed Commenced Completed

20 14 22 17 15 17* 16 14 South

22 8 29 27 39 38 43 27 North

8 4 24 16 16 14 21 14 North West

Totals 50 26 75 60 70 69 80 55 Note: *Some commencements occurred in a previous financial year

EQUIPS Programs Table 5.14: Number of EQUIPS Programs In 2017 Community Corrections began delivering EQUIPS Program Addiction Aggression Domestic programs from the Explore, Question, Understand, Abuse Investigate, Practise, Succeed (EQUIPS) suite of programs. Programs offered 18 5 1 EQUIPS was developed by NSW Corrections and targets persons at medium to high risk of reoffending. Programs 13 4 1 The program consists of a suite of three offence-specific completed programs that seek to reduce re-offending in the areas of Addiction,Aggression, and Domestic Abuse. Participants who 123 32 6 EQUIPS Addiction is designed to address the addictive commenced a behaviours of offenders who have been assessed as program having a high level of drug or alcohol abuse within the Participants who 95 24 6 past 12 months. graduated from a EQUIPS Aggression targets offenders, including female program offenders, convicted of offences of a violent nature who have a high range of aggressive behaviours. It is designed to increase participants’ ability to manage difficult life events and minimise the risk of any consequent aggressive behaviour. EQUIPS Domestic Abuse is delivered to family violence offenders who fall outside the high-risk category targeted by the Family Violence Offender Intervention Program (FVOIP). It is designed for male offenders convicted of family violence assessed as being at a medium risk of future family violence offending and aims to address abuse towards intimate partners and where children are involved.

Department of Justice Annual Report 2017–2018 53 “At the end of it, you get a genuine shake of the hand. They say they won’t be back and they don’t come back.”

54 Department of Justice Annual Report 2017–2018 Staff profile: John Hay

John Hay has worked on the front line of Tasmania’s John’s days usually start at 8.15am when he collects efforts to rehabilitate offenders since the early 1980s and his vehicle and equipment. He spends the next hour has no intention of retiring from a job he describes as and a half picking up offenders and taking them to sites immensely gratifying. where they will perform their community service.There are careful protocols in place to ensure offenders are Recently presented with the inaugural Australian matched to suitable work opportunities. Corrections Medal by Tasmanian Governor Professor Kate Warner, John will continue serving the state as a Some offenders serve up to 210 hours of community Community Service Order Field Officer as he enters his service, working one or two days a week. Community eighth decade. Corrections has about 20 lawnmowers and up to a dozen line trimmers for them to use, and part of John’s role “While I’m enjoying it and achieving some success, there’s is to draw on his mechanical skills to ensure these are no reason not to keep going,” John, 69, said. maintained. Success in John’s line of work involves guiding offenders John was awarded the Australian Corrections Medal through their Community Service Orders to become because his managers recognised he demonstrated a level productive members of society who do not return to of commitment that went above and beyond his required their offending. duties; but John admits he initially thought someone was “Our job is to re-educate,” John said. playing a prank. “And there’s great job satisfaction when it works. “It was so close to being deleted,” he said of the email

“You build up a rapport with them; you can leave them that alerted him to the honour. and they get the job done.At the end of it, you get a “But once I went to Government House, I knew this was genuine shake of the hand.They say they won’t be back a big deal. Especially since it was the first time it had been and they don’t come back.” awarded. John draws on his vast life experience when working with “But it’s not only for me. It’s more of a joint award for offenders. He does his best to get to know them as he the work the whole team has done over the years.” picks them up in the morning to take them to where they will serve, most often in gardening work for pensioners. “I’ve always treated people as I find them. I don’t care what they’ve done or where they’re from,” he said.“I like to spend time with them to find out things – like their sporting habits, their outside activities, or if they’re looking for work. “You’ve got to be friendly but not friends.” John started his working life as a mechanic and began specialising in small engines.After a workplace accident, he looked into other career options. His work now combines mechanical knowledge with his exceptional work ethic, reliability and interpersonal skills for the benefit of the Tasmanian community.

Department of Justice Annual Report 2017–2018 55 Monetary Penalties Enforcement Table 5.16: Collection rate Service Debt type 2016-17 2017-18 Infringement notices 105% 107% MPES collects monetary penalties that are referred to it by courts, police, local governments and public sector Court fines 114% 113% bodies. In collecting these amounts, MPES ensures that Pecuniary penalty orders 67% 119% the penalties are an effective part of the justice system Compensation 12% 19% and contribute to achieving the Department’s aim of a Total referred debt 96% 100% fair, just and safe Tasmania. Fees 94% 82% This report satisfies the requirements of section 121 of Total all debt 98% 96% the Monetary Penalties Enforcement Act 2005. Find more information about MPES at https://www. Note:The referral or collection of high-value Pecuniary justice.tas.gov.au/fines/home. Penalty Orders and Compensation Orders may significantly affect collection rates. Referrals Table 5.17: Value collected MPES receives referrals from three main sources:

• fines, compensation orders, pecuniary penalty orders, Creditor 2016-17 2017-18 costs and levies imposed by courts; Consolidated Fund 15,507,346.70 15,104,660.38 • infringement notices issued by police and public Local Government 2,959,614.40 2,953,899.76 sector bodies; and Compensation 208,716.76 223,282.33 • infringement notices issued by councils. Other Tasmanian State Government 122,097.92 193,139.87 Table 5.15: Referrals in dollar value Crime (Confiscation of Profits) 223,294.60 147,842.54 Measure 2016-17 2017-18 Commonwealth Government 83,629.32 84,117.82 Infringement notices 9,124,758 8,280,058 Appeals Cost Fund 41,197.22 40,098.04 Court fines 5,243,271 5,647,027 Pecuniary penalty orders 335,140 124,221 Total collected $19,145,896.92 $18,747,040.74 Compensation orders 2,041,169 1,730,669 Total referrals 16,744,338 15,781,975 An important measure of service effectiveness is the debt finalisation rate.The debt finalisation rate is the number Collection Performance of fines and infringements finalised as a proportion of the number of fines and infringements referred for enforcement. MPES collects approximately $19 million in monetary Unlike the collection rate, this measure is not impacted by penalties each year. high-value penalties. A key measure of service effectiveness is the collection rate, which is the value of fines and infringements Table 5.18: Debt finalisation rate collected as a percentage of the value of fines and infringements referred. 2016-17 2017-18 The collection rate achieved for all referred debt this year was 100%, when MPES fees are excluded. When fees Finalisation rate all referred debt 111% 115% imposed by MPES were added to the debt referred, the collection rate was 96%.

56 Department of Justice Annual Report 2017–2018 Table 5.19: Debt finalisation Compliance and Sanctions

2016-17 2017-18 The Director of MPES has powers to take enforcement action and impose sanctions when a person fails or Number of debts referred for 84,857 78,183 refuses to pay.This can include publishing a person’s name collection (gross) on the MPES website, suspending their driver licence less Debts withdrawn by issuing 4,527 4,843 and suspending vehicle registrations. Other enforcement authority options include redirecting money owed to the person less Debts revoked for re-issue 2,379 1,877 and seizure and sale of property. Debts referred for collection (net) 77,951 71,463 Enforcement orders for unpaid monetary penalties are routinely issued 35 days after referral to MPES. If the Paid in full 80,533 74,547 amount remains unpaid then the first sanction is applied Deemed uncollectable 5,663 8,067 after a further 21 days have elapsed.This year 24,914 sanctions were applied compared to 27,387 last year. Administrative debt withdrawal 783 912 Monetary Penalty Community 41 4 Sanctions are lifted once the outstanding monetary Service Order (MPCSO) penalty is paid in full or when payment arrangements are Debts satisfied 87,020 83,530 approved.

Debts finalised 93,926 90,270 Table 5.21: Breakdown of sanctions by type

Payment Options Sanction Number Percentage Suspension of Driver Licence 17,982 72.17% MPES offers a variety of options for persons to pay their Publication of Name 4,631 18.6% monetary penalties. Payments are applied firstly to fees and costs; secondly to the amount of any compensation Suspension of Vehicle 2,268 9.10% order; and thirdly, to the amount of the monetary penalty. Registration(s) Enforcement Warrant - Charge 18 0.07% Over Registered Land Table 5.20: Breakdown of receipts by payment option Redirection of Money Owing 11 0.04% Enforcement Warrant - Seizure 4 0.02% Payment option Number of receipts Percentage and Sale of Assets BPay 131,723 44% Total 24,914 100% Centrepay 98,439 33% Note: More than one enforcement sanction may be Service Tasmania 40,384 14% applied to a person. Internet 12,593 4% Telephone 9,702 3% payment line Mail and direct 4,082 2% deposit Total 296,473 100%

Persons who cannot pay their monetary penalty in full within two years can apply to pay by instalments. A written application is required detailing the person’s income and expenditure and this is assessed in light of the person’s ability to pay. If a person’s only source of income is Centrelink benefits then they are not required to make a written application provided they agree to pay from their Centrelink benefits at a minimum rate of $25 per fortnight. There were 25,179 applications to pay by instalments this year, compared to 24,545 last year.

Department of Justice Annual Report 2017–2018 57 6. Output Group 4 Regulatory and other services

58 Department of Justice Annual Report 2017–2018 Worksafe Tasmania Strategic Initiatives The main areas of focus for the 2017-2018 planning year WorkSafe Tasmania promotes healthier and safer were informed by a greater use of data and analytics to workplaces and work practices, investigates workplace ensure regulatory responses were tailored to emerging incidents, encourages prompt and effective return to issues and priorities including high-risk tasks and high- work of injured workers and offers advice and assistance consequence activities.WorkSafe’s strategic focus to Tasmanian businesses by partnering with unions and included but was not limited to: employer organisations to encourage a constructive role in promoting improvements in work health and safety • asbestos awareness and compliance; practices.WorkSafe Tasmania promotes the provision of • falls from heights; advice, information, education and training in relation to • hazardous substances; work health and safety, and aims to secure compliance with administered laws through effective and appropriate • hazardous manual tasks; compliance and enforcement activities. • slips trips and falls; Asbestos Awareness Campaign • safe movement of vehicles and plant; and • machine guarding. WorkSafe Tasmania’s Asbestos Awareness Campaign, run in late 2017, received a number of accolades.The asbestos awareness and education campaign informed Table 6.1: Incidence Rates for Tasmanian Workplaces tradespeople, do-it-yourselfers and home renovators Incidence Rate 2016-17 2017-18 about how to safely identify and manage asbestos and Lost Time Injury (resulting in the worker was developed in consultation with the Asbestos Safety 16.0 15.6 and Eradication Agency.A major focus of the campaign taking one or more days off work) Serious Injury (resulting in the worker was on increasing the awareness and understanding 14.1 13.1 of asbestos among do-it-yourself home renovators. taking five or more days off work) The National Asbestos Awareness Campaign awarded Severe Injury (resulting in the worker 3.7 3.6 WorkSafe a Best Asbestos Awareness Campaign award taking twelve or more weeks off work) for a government department or organisation, and Fatality 1.4 2.5 Jenna Mays, Principal Executive Officer, was awarded the Outstanding 2017 Asbestos Awareness Campaign Manager. Note: Incidence rates differ due to the nature of data reporting being at a ‘point in time’, for example, worker numbers have decreased and serious injury numbers have increased. Incidence rates for the three categories of injury are calculated by the number of injuries per 1,000 workers. Incidence rate for fatalities is calculated by the number of Above: Betty the ADRI House visited 28 communities across Tasmania injuries per 100,000 workers. during National Asbestos Awareness Month 2017 as part of WorkSafe Tasmania’s Asbestos Awareness Campaign.

Department of Justice Annual Report 2017–2018 59 Targeted Industry Safety Action Plan A consistent approach employed by inspectors and health, safety and wellbeing advisors results in:

WorkSafe Tasmania has a targeted approach to industry • focused inspection and advisory resources on high- safety focusing on being a ‘facilitator or enabler’ that risk industries and high-consequence activities; collaborates with unions and employer associations to • providing greater responsiveness, consistency and improve safety outcomes. This has resulted in significant transparency through pro-active engagement; and changes in the way WorkSafe Tasmania operates, the aim being a greater focus on cooperation and facilitation • building strong strategic relationships with all leading to capacity building. stakeholders and clients.

Although coercive powers and sanctions are still used, WorkSafe Tasmania’s targeted industry safety action plans they are more likely to result from an escalation of include a dedicated focus on: response rather than the go-to position thus supporting • Agriculture, Forestry and Fishing; the overall compliance approach. Safety networks are • Construction; established to provide a forum for industry and unions to share knowledge and identify solutions to common safety • Health Care and Social Assistance; and problems within targeted sectors. • Manufacturing.

By adopting a collaborative partnership approach, Regionalisation and Segmentation WorkSafe Tasmania has been able to better engage and build trust with and between businesses to work together to improve health and safety outcomes for all Tasmanians. An ability to tailor a consistent approach to regionalised issues and areas of greatest risk is one of the strengths of this approach. Focusing on the ‘Top-10’ injury and causal factors allows a greater flexibility in approach and methodology.

Table 6.2:Total injury occurrence per year 2008-09 to 2017-18 by Industry Division - State Service

Industry Division 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2016-16 2016-17 2017-18 Total Arts and Recreation 43 44 40 57 75 46 44 44 40 34 467 Services

Education and Training 522 531 584 543 558 505 482 441 462 393 5,021 Electricity, Gas, Water 1 2 7 5 1 12 19 9 6 1 63 and Waste Service Financial and Insurance 3 3 3 4 2 0 1 0 0 0 16 Services Health Care and Social 438 391 428 375 460 137 273 340 434 424 3,700 Assistance Information, Media and 7 7 6 9 7 2 1 2 13 10 64 Telecommunications Professional, Scientific 13 11 11 9 5 16 23 6 5 3 102 and Technical Services Public Administration 482 471 508 418 381 613 513 479 412 411 4,688 and Safety Year Total 1,509 1,460 1,587 1,420 1,489 1,331 1,356 1,321 1,372 1,276 14,121

60 Department of Justice Annual Report 2017–2018 Table 6.3:Total injury occurrence per year 2008-09 to 2017-18 by Industry Division - Private Sector

Industry Division 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2016-16 2016-17 2017-18 Total Accommodation and 327 362 385 346 322 325 328 346 342 268 3,351 Food Services Administrative and 398 346 442 388 305 297 315 314 285 197 3,287 Support Services Agriculture, Forestry 547 492 458 265 447 427 502 472 431 381 4,422 and Fishing Arts and Recreation 135 112 112 156 108 114 116 126 107 109 1,195 Services Construction 878 895 992 808 686 599 596 589 632 593 7,268 Education and Training 158 186 189 184 181 174 208 219 200 138 1,837 Electricity, Gas, Water 134 115 117 154 221 193 121 127 95 105 1,382 and Waste Service Financial and 65 43 57 65 50 45 61 29 35 43 493 Insurance Services Health Care and 994 911 942 1,090 969 1,055 1,107 1,044 997 952 10,061 Social Assistance Information, 40 49 60 48 39 44 48 58 41 32 459 Media and Telecommunications Manufacturing 1,851 1,534 1,497 1,454 1,207 999 984 789 782 676 11,773 Mining 180 142 206 167 162 146 119 87 58 67 1,334 Other Services 246 272 309 278 249 201 242 210 213 183 2,403 Professional, Scientific 178 187 182 258 188 137 125 111 111 82 1,559 and Technical Services Public Administration 354 402 403 445 485 449 389 428 317 302 3,974 and Safety Rental, Hiring and 32 35 29 39 35 42 29 47 29 26 343 Real Estate Services Retail Trade 836 865 893 789 756 660 693 621 595 559 7,267 Transport, Postal and 466 444 426 422 343 374 316 298 342 301 3,732 Warehousing Wholesale Trade 275 329 366 275 279 245 195 196 187 188 2,535 Unspecified 28 59 89 224 0 0 0 0 1 0 401 Year Total 8,122 7,780 8,154 7,855 7,032 6,526 6,494 6,111 5,800 5,202 69,076

Department of Justice Annual Report 2017–2018 61 “I try to be approachable and to relate to people with empathy. People know they can rely on me, even if it’s just for a quick compliance question, and that I will help them work through their issues.”

62 Department of Justice Annual Report 2017–2018 Staff profile: Kylie Featherstone

Kylie Featherstone is breaking down barriers for women “As an Inspector you have to continually upskill, be in a traditionally male-dominated industry. adaptable and flexible.You have to always be doing some form of training.” The WorkSafe Tasmania Senior Inspector is at the forefront of a rising number of females working to make Now-retired Manager Keven Williams mentored Kylie Tasmanian workplaces safer. when she started as an Inspector and she now has the privilege of passing on her knowledge to others while A commitment to building positive relationships with encouraging more women to consider the role as a stakeholders, a wide knowledge of safety issues and a career option. passion for keeping workers safe have ensured Kylie has become highly respected and valued by Tasmanian The job can take Kylie to all corners of the state but business owners and managers. she is still actively involved in team-building exercises at the Rosny office where she is based, including breakfast “It has been a male-dominated area and I’ve had to earn catch-ups and health and wellbeing activities such as respect,” Kylie said. walking groups. “But I’ve found it to be extremely satisfying being able to Work as a Senior Inspector is rarely dull and Kylie build relationships and provide assistance to people in remains motivated by the knowledge of the importance industry. of her role in providing safer workplaces for Tasmanians. “I try to be approachable and to relate to people with “I’m really mindful of how the work I do fits into the empathy. People know they can rely on me, even if it’s just bigger picture,” she said. for a quick compliance question, and that I will help them work through their issues.” “I’m going to consistently do the best job I can because nothing is more important in workplaces than safety.” Kylie’s job is not for the faint-hearted.As a Senior Inspector she needs to work comfortably at height, in confined spaces and in tough weather conditions, all the while drawing on knowledge of relevant legislation, Australian Standards and various codes of practice while inspecting sites ranging from large power-generation plants to small businesses. “You have to have a broad range of knowledge but you also have to have an enquiring mind, knowing that you can’t be an expert in all these fields.You’ve got to keep asking questions,” she said. Kylie is able to draw on previous experience in other government and non-government roles in her work and has also completed several courses of study to ensure her skills are as up-to-date as possible. “Changes in legislation are always occurring and I need to ensure industry are well informed, to not only meet demands but to enhance work health, safety and wellbeing in Tasmania,” she said.

Department of Justice Annual Report 2017–2018 63 Tasmanian Planning Commission Preparation of Local Provision Schedules The PPU has assisted local councils in preparing their LPSs The Tasmanian Planning Commission (TPC) is an including supporting a statewide LPS Steering Committee independent statutory body, established under the chaired by the Secretary of the Department of Justice which Tasmanian Planning Commission Act 1997. It performs has regional local council representation. In late June /early a range of planning assessment, review and advisory July 2017, the PPU prepared three Advisory Statements to functions under the legislative framework for the assist councils, primarily with respect to the preparation of Tasmanian Resource Management and Planning System, their LPSs.These were endorsed by the then Minister for including: Planning and Local Government and related to: • the Tasmanian Planning Scheme (State Planning • transitional arrangements for Existing Particular Purpose Provisions and draft Local Provision Schedules); Zones, Specific Area Plans and Site Specific Qualifications • draft planning scheme amendments and combined - providing information on transitioning existing scheme amendments and planning permits; particular provisions in interim planning schemes to the LPSs; • draft planning directives and interim planning directives; • amendment of Regional Land Use Strategies for the finalisation of draft Local Provisions Schedules • projects of state or regional significance; - providing guidance in relation to the process for • draft state policies and state of the environment amendments to RLUS, should they be required; and reporting; and • amendments to the SPPs - providing advice on the • draft park and water management plans. process for amendments to the SPPs, as outlined in Division 2 of Part 3 of the Act. The TPC operates in accordance with its legislative responsibilities, a Ministerial Statement of Expectation The PPU worked with the TPC in preparing Practice Note 6: and an administrative framework provided by the ‘Preparing draft Local Provisions Schedules for exhibition’. Department of Justice.The TPC provides public access The PPU coordinated a refinement to the savings provisions to planning schemes and information on statutory in the Land Use Planning and Approvals Act 1993 (the Act) for assessments and reviews through the iplan website.The continuing protection for places listed in heritage codes.The TPC’s annual report, along with publications and other Land Use Planning and Approvals Amendment (Transitional information on Tasmania’s planning system, is available at Provisions) Bill (40 of 2017) was introduced to Parliament https://www.planning.tas.gov.au/. in June 2017 and took effect on 5 September 2017.The amendments ensure that transitional arrangements operate Planning Policy Unit effectively, and as intended, and provide for the continued protection and management of special places already approved in current planning schemes - where these During 2017-18, the Planning Policy Unit (PPU) continued are consistent with the new Tasmanian Planning Scheme to deliver the planning reforms established by the Land legislation. Use Planning and Approvals Amendment (Tasmanian Planning Scheme) Act 2015, which came into law on 17 December At the end of June 2018, three LPSs had been formally 2015.This provides the framework for establishing the lodged with the TPC and based on advice provided to the Tasmanian Planning Scheme (TPS), which comprises the LPS Steering Committee, a further six are anticipated by the State Planning Provisions (SPPs) and Local Provision end of 2018. Schedules (LPSs) for each local government area.The During the 2017-18 period, the PPU has managed the Amendment Act also included the process for preparing distribution of $300,000 of funding to the regions and and approving both. specific councils to assist with preparation of the LPSs. The SPPs were made on 22 February 2017 and made available to local councils in their role as planning Development of Housing Land Supply Bill authorities to develop their LPSs.The SPPs will not come into effect in a municipal area until the local council has One of the outcomes of the Housing Summit, hosted by the prepared its LPS and had this assessed by the Tasmanian Premier on 15 March 2018, was a commitment to introduce Planning Commission (TPC). legislation, in the Autumn 2018 session of Parliament, to rezone government land to enable an accelerated supply At the end of 2017, the PPU proposed a number of of affordable housing. As a result, the PPU prepared the minor amendments to the SPPs to correct anomalies and Housing Land Supply Bill (19 of 2018) which was introduced other issues that were identified since their making in to Parliament on 13 June 2018.The Bill provides for a February.These minor amendments came into effect in more direct and efficient process for rezoning Housing April 2018. Tasmania land and surplus Crown land to help accelerate

64 Department of Justice Annual Report 2017–2018 the supply of land that can be developed for affordable Consumer, Building and Occupational housing in Tasmania. It also provides for the nomination of specific planning controls relating to residential use and Services development that will apply to certain areas of Housing Tasmania land or surplus Crown land. Consumer, Building and Occupational Services (CBOS) is responsible for the administration of: Preparation of Tasmanian Planning Policies • building and construction industry standards; The PPU has carriage of the preparation and • electricity and gas industry standards and the implementation of a suite of new Tasmanian Planning associated technical safety; Policies (TPPs) which will provide strategic guidance to the planning system and with a focus on the future needs • various registration and occupational licensing of the Tasmanian community.The new policies will cover processes, including working with vulnerable people; a broad range of planning matters such as economic • administration of rental bonds and bond dispute development, settlement and liveable communities, processes; and transport and infrastructure, natural and cultural heritage, • compliance and dispute resolution across building, and hazards and risks.The policies will inform a review of construction and consumer law. Tasmania’s three regional land use strategies and the first review of the Tasmanian Planning System. In 2017, CBOS staff developed a five-year strategic plan that reflects a fresh approach to the work of CBOS, Following two consultation processes in 2016-17, the which has been developing since it came together in PPU has continued to progress work on the Land Use 2015, with a focus on shared responsibility. Planning and Approvals Amendment (Tasmanian Planning Policies) Bill 2017.The Bill establishes a mechanism As part of the strategic plan, the CBOS staff developed to create and amend the TPPs and ensures that the a set of goals and principles that influence how we will consistency with the State Policies, SPPs and LPS and engage with, and deliver our services to, the community ensure that Regional Land Use Strategies are in alignment. as well as develop and strengthen our organisational It is anticipated that the draft Amendment Bill will be culture. introduced in the Spring 2018 Session of Parliament. Our Mission Statement Reform of Major Projects Assessment A fair, just and safe Tasmania through the delivery of Process equitable, efficient and effective consumer, building and Amendments to the Act to provide for a staged and occupational regulation. more integrated assessment process for major projects Office of the Executive Director are currently in development.The draft Bill has been Statutory Offices and Functions; Policy and Projects; subject to two periods of public consultation, firstly Compliance and Dispute Resolution; Business and Shared in mid-2017 and secondly in early 2018. Revisions to Services. the Bill will clarify and reinforce the key processes of independent assessment and public engagement. It is Regulatory Services anticipated that a Bill to amend the Act will be introduced Trade licensing; High-risk licensing; Corporate Affairs; in the Autumn 2019 Session of Parliament. Rental Services. Technical Regulation Input to Hobart City Deal Building Standards and Regulation; Plumbing Standards and Safety; Gas Standards and Safety; Electrical Standards The PPU has provided input to the development of a and Safety Hobart City Deal and Greater Hobart Act, particularly with respect to initiatives to support affordable housing, Our Goals improved amenity and residential options. Improve trading practices and safeguard the community. Visitor Accommodation Reforms Increase the capacity of consumers and industries to The PPU prepared the draft Planning Directive to understand and exercise their rights and obligations. implement the Government’s reforms to home sharing Develop and manage systems and processes that support for visitor accommodation, which came into interim the effective operation of our services. effect in July 2017.The Directive was finalised in May 2018 following a TPC process with PPU involvement. Build the skills of our staff to maximise the effective operation of our services. Strengthen our organisational culture to support a positive and productive workplace.

Department of Justice Annual Report 2017–2018 65 • managed 43 pieces of legislation including a review of the Occupational Licensing Scheme for building service providers, amendments to building legislation and the Residential Tenancy Act and released Director’s Determinations around roof plumbing and electrical safety standards; and • continued work on the Planning and Building Portal, which will deliver a single, integrated online development portal for Tasmania, which integrates all planning, building and related approvals. Connected devices such as PCs, tablets and smart phones are changing the way people do business and interact. In order to keep up with the way in which people are consuming information, CBOS has launched a new website that makes it easier for people to find the information they need. Our Principles The Consumer Affairs and Fair Trading Facebook page has Engagement gained significantly more ‘likes’ in the last 12 months.The Listening to the community and users of our services page allows CBOS to get warnings and other information about their service needs. to the Tasmanian community quickly and at no cost. The most popular post, published over Easter 2018, was Respect about recycling and reached more than 60,000 people Treating all users of our services, our partners and each with 1,740 total engagements (reactions, comments and other with respect and courtesy. shares), and was shared 486 times. Value Compliance and Dispute Resolution Delivering information that is clear and accurate and services that are prompt and efficient. The Compliance and Dispute Resolution (CDR) Unit undertakes a range of activities to support the: Innovation Tailoring services and using digital technology to meet • Director of Consumer Affairs and Fair Trading in the diverse circumstances of our service users. the administration of the Australian Consumer Law (ACL); Collaboration Working together and with partners to continuously • Director of Building Control in the administration and improve our services. performance of statutory roles under the Building Act 2016, and the Residential Building Work Contracts and Office of the Executive Director Dispute Resolution Act 2016; and • Administrator of Occupational Licensing in Policy and Projects performance of statutory roles under the Occupational The Policy and Projects unit of CBOS has the following Licensing Act 2005 (OLA). responsibilities: The CDR Unit has two main streams: • legislative development and associated projects; and 1 Consumer Services, which encourages a fair, safe and • CBOS communications. equitable marketplace. During the 2017-18 reporting period, the Unit: 2 Building Services, which determines if licence holders are acting within the scope of work, as determined by • published and distributed Consumer Connections to the legislative framework. help consumers understand their rights; Some key initiatives undertaken by CDR throughout the • published two editions of Connections, which brings 2017-18 reporting period were: important trade-based information to the attention of our licensees; • participated in the national review of the Australian Consumer Law.The Executive Director, Dale Webster, chaired CAANZ – the meeting of Australian and New Zealand consumer law regulators;

Above: Connections, trade magazine and Consumer Connections.

66 Department of Justice Annual Report 2017–2018 Fuel Price Boards Audit Table 6.4:Audit and Compliance Checks

The Australian Consumer Law (Tasmania) (Code of Practice Functions 2016-17 2017-18 for Fuel Price Boards) Regulations 2017 came into effect Accredited building practitioner 122 107 on 7 May 2018, and require retailers in Tasmania to audits advertise the full price on petrol price boards, rather than ACL trader visits 450 55 a discounted price, and regulates the manner in which fuel prices are displayed. CDR undertook a statewide OLA Checks 54 37 audit to monitor compliance and consult with industry Total 626 199 stakeholders. The audit found that 100% of fuel retailers Note:The number of ACL trader visits in 2016-17 was audited were compliant, with 195 fuel retailers checked particularly high due to a statewide campaign to raise over a 13 day period. awareness of consumer rights and relevant laws, which Consumer Engagement Program saw Compliance Officers, attend all major regional centres and provided trader information packs to CBOS was represented at local events including HIA businesses. Homefest,Agfest, University Careers Day, and many others.These events allow CBOS to engage with the community to help provide information and education Table 6.5:Total infringements issued surrounding administered legislation. CBOS endeavours to build a more informed community, which helps to Occupation Number Value encourage voluntary compliance with the law. issued Australian Consumer Law 80 $123,790 Small Business Product Safety and Fair Trading Occupational Licensing Act 104 $75,615.50 Initiatives Total 184 $199,406.50 The Australian Consumer Law (ACL) aims to protect consumers and ensure fair trading in Australia. CBOS sits on a number of Australian consumer protection Table 6.6:Australian Consumer Law matters received committees, and administers mandatory standards and Functions Enquiries Complaints Total bans in Tasmania under the national product safety system. CBOS has actively undertaken product safety Consumer guarantees 356 494 850 inspections, to ensure compliance with product bans and Miscellaneous 99 93 192 mandatory safety and information standards. Misleading or deceptive 28 66 94 Local Government Permit Authority Compliance conduct Engagement Program Repair, refund or 50 108 158 exchange Between January and June 2018, CBOS engaged with local Seek legal advice 34 54 88 government offices to help educate Councils and their Permit Authorities of the compliance functions under Warranties 44 61 105 the Building Act 2016 (the Act).This program provided Total 611 876 1487 guidance and mechanisms for enforcing the Act, as well as building a working relationship between local government Regulatory Services and the regulator. Rental Services: Rental Deposit Authority Aluminium Composite Panels Audit Program The Rental Deposit Authority (RDA) provides an Following the 2017 Grenfell apartment tower fire in independent service for the lodgement and disbursement London, and the previous Lacrosse Building fire in of rental bonds for tenants, agents and property owners Melbourne, the Prime Minister of Australia made a for residential tenancies in Tasmania. request of the Premier of Tasmania to audit the use of Aluminium Composite Panels (ACP) in Tasmania.This This year, the RDA processed an average of 1,426 audit was undertaken by the CDR Unit to ensure ACP bond lodgements and 1,591 bond claims per month, has been installed in accordance with the manufacturer’s totalling 17,123 lodgements and 19,095 claims. Since its specification and is compliant with the Building Code of commencement in 2009, more than 170,500 bonds have Australia (BCA). It identified one building as high risk, the been lodged with the RDA and more than 125,000 bonds Launceston General Hospital. CBOS is working with the have been paid to tenants and property owners. Department of Health and Human Services to develop a At 30 June, the amount held by the RDA was program to replace all combustible cladding on the site. $45,395,248.45. During the reporting period, just more than $17.57 million of bonds were paid out, and just less than $20.4 million of bonds were paid into the RDA.

Department of Justice Annual Report 2017–2018 67 Ongoing system and process review ensures the branch Of the 2,485 rental bond disputes handled by the RTC continues to process claims within its benchmark period this year: of 30 days.This year 79.4% of non-disputed claims were • 540 were processed as agreed claims; processed within 10 days of receipt and 69% of disputed claims were processed within 10 days from the date of • 1,594 were unilateral, where one party cannot be receiving evidence. found or does not contest the claim; During 2016-17, work commenced on a project to • 318 were bilateral disputes, where both parties replace the existing rental bond management system. A submit claims with supporting evidence; and Request for Tender was released in late November 2017, • 32 remained incomplete at the end of the reporting with the contract awarded and work commencing in May period. 2018. The new MyBond system is due to go live in May 2019. In unilateral and bilateral disputes, the RTC is required to assess and determine the disbursement of rental bonds on the basis of evidence supplied.This involves in-depth Table 6.7: Bond claim payments (disposition and clearance rates) consideration of each issue and liaison with all concerned parties to ensure procedural fairness is maintained. Financial year/disposition Claims Paid % of claims paid Only 1.7% of all determinations issued during 2017-18 2017-18 17,811 were appealed to the Magistrate’s Court.The majority 0 - 30 Days 15,657 88 of appeals are dealt with by way of Court mediation, meaning the RTC’s decision is not often legally tested. 30 - 60 Days 2019 11 Appeals are also dealt with as a hearing de novo, meaning 60 - 180 Days 122 0.6 new evidence and claims can be considered in the appeal, 2016-17 18,207 which can affect the outcome. 0 - 30 Days 16,025 88 The RTC’s powers under the Act have expanded to 30 - 60 Days 2,073 11.4 now include investigations of complaints by tenants, 60 - 90 Days 90 <0.5 and applications by parties. During 2017-18, the Office undertook approximately 141 investigations, in response 90 - 180 Days 19 0.1 to: 2015-16 20,489 • 14 complaints concerning breaches by an owner/agent 0 - 30 Days 17,825 87 involving minimum standards matters; 30 - 60 Days 1,891 9.2 • 35 complaints and requests for resolution with 60 - 180 Days 49 <4.0 respect to repairs and maintenance; and Note:This table includes all claims that are processed • 44 complaints concerning rent related matters, non- as agreed, those referred to the Residential Tenancy lodgement of bond, and miscellaneous matters; and Commissioner, and those subject to appeal against a Commissioner’s determination (and therefore includes • 28 requests for an order that a rent increase was the days spent in the Magistrates’ Court process). unreasonable. Rental Services: Residential Tenancy Commissioner Licensing and Accreditation The Residential Tenancy Commissioner (RTC) determines The Occupational Licensing Unit issues licences to disputes about residential tenancy security deposits or plumbers, gas-fitters, building service providers and rental bonds. electrical workers.The unit is also responsible for processing permits for owner builders.

Table 6.8: Rental Bond Disputes Table 6.9:Trade Licence Categories Reporting Period Total number of disputes 2010-11 1,563 Trade Occupation 2016-17 2017-18 2011-12 2,071 Electrical practitioner 5,333 5,192 2012-13 3,230 Plumbing practitioner/certifier 1,332 1,271 2013-14 3,361 Gas-fitter practitioner/certifier 442 438 2014-15 3,054 Electrical contractor 1,015 955 2015-16 2,885 2016-17 2,717 2017- 18 2,485

68 Department of Justice Annual Report 2017–2018 Trade Occupation 2016-17 2017-18 This year 88 incorporated associations were deregistered due to non-lodgement of an annual return and a

Plumbing contractor 556 537 further 42 following an application for self-revocation. Gas-fitter contractor 186 196 151 school associations were also deregistered due to Automotive gas-fitter their registrations being transferred to the Education 62 58 practitioner Department under the Education Act. Automotive gas-fitter contractor 7 7 Total 8,933 8,654 Table 6.11: Corporate Affairs and Charity Registrations Note:The total amount refers to the licenses issued as at Registration Total Registered inDe-Registered 30 June 2018, not the number of licensed persons. Some Category Registrations 2017-18 in 2017-18 licensed persons have more than one licence class. Incorporated 3,666 162 281 associations Table 6.10: Building Service Providers Categories,Active Co-operatives 24 1 0 Licenses Limited 135 5 2 Building Service Provider 2016-17 2017-18 partnerships Architect 221 228 Charities 1,093 160 0 Builder 1,746 1,931 Total 4,918 328 283 Building Designer 429 436 Building Services Designer 105 74 Risk Based Licensing Building Surveyor 73 72 The Risk Based Licensing Unit is responsible for Civil Designer 6 7 registering people to work with children and the Construction Manager 95 94 registration of security officers, security agents, and body corporates, as well as motor vehicle traders. Demolisher 52 53 Engineer 357 338 Registration to Work with Vulnerable People Fire Protection Services Builder 13 13 The need to better protect our most vulnerable people Total 3,097 3,246 has had an increasing profile over recent years.This has arisen through various Royal Commissions, increased Note:The total amount refers to the licenses issued as at law enforcement focus, and national and state bodies 30 June 2018, not the number of licensed persons. Some introducing policies that require high level screening licensed persons have more than one licence class. processes. The number of Owner Builder Permits issued during At 30 June 2018, more than 115,000 Tasmanians had 2017-18 was 512. been registered to work or volunteer with children, 49 The Occupational Licensing Unit is also responsible applicants were deemed unsuitable to work or volunteer for ensuring licence holders, including Building Services with children, and continuous monitoring has resulted in Providers, maintain and develop their skills through eight registrations being cancelled. continuing professional development (CPD). Annual CPD events are held across the state to keep Table 6.12: Registrations by purpose industry informed of any legislative changes and current Purpose of applicant 2016-17 2017-18 and updated industry standards.A CBOS calendar of upcoming events can be found at Employment/volunteer 26, 397 17,628 https://www.cbos.tas.gov.au/. Volunteer 18, 772 21,589

Corporate Affairs Total 45, 169 39,217 Many Tasmanian not-for-profit organisations, such as Note: Employment/volunteer registration allows local clubs, charities and associations are incorporated registrants to undertake both paid and voluntary work. under the Associations Incorporation Act 1964, which is Note:Volunteer registration only allows registrants to administered by Corporate Affairs. Corporate Affairs also undertake unpaid, voluntary work. administers the Collections for Charities Act 2001.

Department of Justice Annual Report 2017–2018 69 Security, Conveyancing and Motor Vehicle Traders products. These amendments were undertaken in response to nationally and internationally identified issues During the 2017-18 reporting period the Security with external building cladding products.The changes Licensing database was redeveloped, providing a ensure that there are stricter controls in place for the central system to meet the needs of stakeholders, use of cladding products planned for use in our higher- satisfy legislative requirements and better support risk buildings. the operations of the Unit. Features include allowing registrants to apply for their licences online, automatic BSR and PSR continue to review and improve the requests for supporting documentation and enhanced information available to those impacted by the building reporting functionality. framework to ensure consistent implementation across the state. In addition to routine activities, PSR also Employee licences have moved from a 1 to 3-year licence commenced an assessment of the installation of On-site period, which is more efficient and results in significant Wastewater Management Systems in Tasmania to inform savings to the employee licence holder. future auditing activities.

Table 6.13: Registrations by purpose Gas Standards and Safety The Gas Standards and Safety (GSS) Unit monitors Licence Category 2016-17 2017-18 gas safety in Tasmania, from gas entity infrastructure to Conveyancers 17 14 customer installation and gas product sales and use. Motor vehicle traders 145 122 The Director of Gas Safety, supported by the GSS Unit, Security (individual) 1,727 2,075 administers the safety and technical aspects of the Gas Act Body Guard 75 72 2000 and Gas Pipelines Act 2000. Commercial 35 37 Key outcomes for the 2017-18 reporting period included: Crowd Control 1,434 1,738 • effective planning for natural gas supply/quality, and Inquiry 145 130 successful response to incidents within industry, Monitoring Room Operator 411 462 preventing any major interruption to Tasmanian Security General Guarding 1,553 1885 natural gas supply; Security with dog 18 16 • increased inspections of gas installations, as opposed Security with firearm 115 110 to desktop design reviews, in line with public and

Security (body corporate) 81 86 industry expectations; Total licences 1,970 2,297 • development of gas installation compliance data which has driven risk reduction measures including targeted Note:The holder of a security licence (individual) may be stakeholder engagement and educational programs; licenced to undertake more than one activity. • review and audit of gas infrastructure remaining life Technical Regulation reviews, safety management studies, location class and risk assessments, and corrosion protection activities; Building Standards and Regulation and Plumbing Standards and and Regulation • regulation of the safe and compliant cut out and The Building Standards and Regulation (BSR) Unit repair of a significant anomaly in Derwent Park Road administers the building regulatory control framework Glenorchy. for the building industry in Tasmania. BSR provides technical input to the development and interpretation of Table 6.14: Gas Standards and Safety Unit Activities the National Construction Code (NCC) to ensure that a nationally consistent approach remains applicable to Activities 2016-17 2017-18 Tasmania. Gas infrastructure incident 16 16 The Plumbing Standards and Regulation (PSR) Unit, investigation in conjunction with BSR, administers the plumbing Reported third party activity 9 10 regulatory control framework. PSR also provides technical incidents input to the development and interpretation of the NCC Gas installation inspections 265 729 to ensure that a nationally consistent approach remains Gas installation desk top design 252 310 applicable to Tasmania. assessments During the reporting period, the most significant Gas installation or storage 29 17 change to the building regulatory framework was the incident investigation introduction of accreditation for high-risk building

70 Department of Justice Annual Report 2017–2018 Electrical Standards and Safety Table 6.15: Statutory Functions

The Electricity Standards and Safety Unit monitors Activities 2016-17 2017-18 electrical safety in Tasmania, from electricity entity Inspections conducted 9,670 9,500 infrastructure to customer installation and electrical product sales and use. Investigations conducted 172 200 High risk inspections 82 170 Electrical work performed by licensed electrical contractors is inspected by TechSafe Australia, a company contracted by the Department to conduct these Table 6.16: Performance inspections. Activities 2016-17 2017-18 These inspections ensure work performed is compliant Inspection delay (days) 90 90 (average)* with the Australian Standards; mandated by the Occupational Licensing Act 2005. Defect rate 20% 15% Contractor audits 22 5 Key outcomes for 2017-18 included: *Note: It is a contractual requirement for TechSafe • managing the Electrical Safety Inspection Contract to to perform inspections within 90 days of receiving a ensure contractual requirements were met; Certificate of Electrical Compliance. • managing the newly awarded “High Risk Electrical Inspection Contract” on Government-owned schools and health care facilities; • liaising with the relevant Government Departments in relation to this contract to facilitate a rectification process using a risk based approach; • reviewing in excess of 200 identified breaches of the Occupational Licensing Act 2005; • ongoing review and auditing of existing Electrical Safety Management Schemes; • review of every shock and fire report attended by the Electrical Safety Inspection Service to determine the cause and, where necessary, implement measures to avoid a repeat incident; • ongoing auditing and investigation of non-compliant electrical equipment and participation in national product recalls; and • notification to owners of Private Electricity Poles and associated infrastructure that has been identified as being no longer fit for purpose, defective or otherwise unsafe; and • ongoing management of this process to ensure appropriate rectification was conducted within acceptable time frames.

Department of Justice Annual Report 2017–2018 71 7. Office of the Secretary

Director72 of the Royal Commission Response Unit Amber Mignot Department of Justice Annual Report 2017–2018 The Office of the Secretary (OTS) provides Table 8.1: ICT Strategy Vision and Intent administrative leadership to all areas of the Department. It acts as a centre for integration and coordination of VISION: That the Department of Justice has efficient and effective ICT services and solutions that are adaptive and trusted to deliver administration functions, activities, policies and practices, optimal business and customer outcomes. and manages designated significant organisational projects. Current State Target State It provides advice and assistance to staff across the Systems Siloed and aged Fully supported and Department in relation to the preparation of Ministerial solutions maintained systems and Parliamentary documents. Minimal integration Systems are fit for It is responsible for Right to Information policy and High manual effort purpose, easy to use and enable strategic process; Board, tribunal and statutory appointments; and Lack of support outcomes strategic planning advice and guidance as required to the Systems integrate and Tasmanian legal assistance sector. automate business processes During the year, the OTS led the incoming government briefing process as well as the Budget Estimates briefing Systems and data accessible and trusted process. Technology Initial move to IaaS Technology is proactively The OTS supports key governance functions such as Lack of tested managed and maintained Agency Executive and the Senior Managers Forum. disaster recovery and Changes were made to a number of internal governance availability management functions during the year, with the aim of better Lack of proactive integrating all Outputs with Agency Executive, and making technology refresh Agency Executive’s processes more transparent. program End of life technologies in use ICT Strategy 2017-2021 IT Service Low maturity and lack Established and mature Capability of strategic planning processes and KPIs In late 2017, the Office of the Secretary commissioned a Reactive firefighting Trusted to deliver approach health check of ICT across the Department, including the Continuous improvement creation of a current state Enterprise Architecture and in place strategy for commencing a significant wave of investment IT Delivery Lack of overall Centralised investment to modernise Justice ICT. Model and governance and governance Governance planning Centralised support and The Department of Justice has historically lacked a 53% of systems with delivery model eliminates formal ICT strategy. This has resulted in a reactive and support KPD KPD risks and unlocks inconsistent approach to ICT investments, support economies of scale and lifecycle management. In turn, this has resulted in the degradation of systems, increasing risk, creating barriers to innovation, and reducing the effectiveness and This target state vision will be achieved by meeting the efficiency of IT as an enabler of business outcomes. strategic objectives listed below. The objectives will be implemented through a roadmap of initiatives, and The 2017-2020 ICT strategy is the result of an governed by a set of defined principles. assessment of the current state of systems, people and processes, as well as a review of the strategic objectives The key objectives of this strategy are: of outputs across the Department, and its wider strategic • reducing complexity; context. The vision and intent is summarised in the table below. • improving operational efficiencies and effectiveness; • enabling operational innovation and agility; • improving security and reliability; and • maturing vendor and contract management. Initiatives will focus both on solution outcomes for the Department and uplifting the ICT service capability and maturity. The centrepiece of the Department’s ICT Roadmap is the Justice Connect Program, which will benefit the Department, other State agencies and the wider Tasmanian community.

Department of Justice Annual Report 2017–2018 73 Justice Connect Strategic Infrastructure and Projects

Justice Connect is a major program of work that will The Department established the Strategic Infrastructure address shortcomings with existing systems, processes and Projects unit in 2017 to take responsibility for and data supporting the criminal, correctional and civil the management and delivery of major infrastructure jurisdictions managed by the Department of Justice. It projects across the Corrections and Administration of will replace outdated technologies with a contemporary Justice sectors. architecture and platform that enhances efficiencies, improves policy outcomes through better information Strategic Infrastructure Framework for sharing and provides access to timely and trusted Custodial Corrections in Tasmania information. In September 2017, the unit completed a Strategic The vision of Justice Connect is to deliver ‘a contemporary, Framework for Custodial Corrections in Tasmania. integrated, end to end Justice System’.This vision will be The Framework outlines the future demand and achieved over multiple stages, with Stage 1 focusing on infrastructure requirements for the Tasmania Prison criminal and corrective justice. Stage 2 will focus on civil Service (TPS) and provides a fresh approach to alignment justice in the courts, and Stage 3 will focus on tribunals. of prison design and operations to achieve rehabilitation, community engagement and reintegration outcomes for Stage 1 – Phase 1 prisoners. Capital funding of $1.65 million was provided, through the Two major projects identified and scoped in the Digital Transformation Priority Expenditure Program, in the Framework received funding in the 2018-19 Budget, 2017-18 State Budget to initiate Phase 1 of Stage 1 of Justice specifically a new Northern Prison ($270 million Connect.This phase is currently in progress and includes provided over 10 years) and a new Southern Remand designing a contemporary operating model for the courts, Centre ($70 million over 3 years). the Director of Public Prosecutions, the Tasmania Prison Service, Community Corrections and Victims Support, as Currently, 46% of the prison population is from the well as interactions with Police,Youth Justice, Family Violence north or north-west of Tasmania, and access to family and Child Protection.The operating model aims to reduce and support networks, and housing and employment reliance on manual paper-based processes, and ensure real- upon release are critical factors to decreasing recidivism. time delivery of high quality information to improve justice The new Northern Prison will address these factors and outcomes and public safety. It is anticipated that this phase provide accommodation for 270 prisoners. The facility will result in the procurement of a new system platform to will be constructed in two stages with the first 140-bed serve all impacted functions of Justice. stage to be operational in 2022-23.The Department has established a Siting Panel to provide a recommendation Quick Wins Stream to Government on a shortlist of suitable sites by March 2019. Phase 1 also includes the ‘quick wins’ stream, to provide The fastest growing cohort of the prison population is stabilisation of existing systems and deliver immediate those remanded in custody. The new Southern Remand benefits across the Justice sector.The quick wins stream Centre at Risdon will allow the TPS to manage the includes the following initiatives: remand population in accordance with the Standard • upgrade and revamp of the Supreme Court case Guidelines for Corrections in Australia and the United management system (completed in 2017-18); Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela rules).The new Southern • functional, performance and integration improvements Remand Centre will provide 140 dedicated remand beds, to the Magistrates Court case management system (completed in 2018); and with site works to commence in March 2019. • improvements to the custodial, offender and victim The unit is also progressing a number of smaller but no management systems (in progress). less critical correctional projects including: Benefits of the quick win initiatives to date have included • Mary Hutchinson’s Women’s Prison (two new improved: 10 bed minimum security units and a new 5 bed mother and baby unit, which will be named the • reporting enabling the Supreme Court to proactively Dr Vanessa Goodwin Cottages in memory of the manage its case backlog; former Attorney General and Minister for Justice • information sharing between the courts and other and Corrections, the Hon Dr Vanessa Goodwin, who outputs; was a strong and passionate advocate for improving • process efficiencies and data quality; and correctional outcomes for female prisoners and their families); • system stability, performance and supportability.

74 Department of Justice Annual Report 2017–2018 • Ron Barwick Minimum Security Prison (upgrades to Royal Commission into Institutional Division 7, which will accommodate prisoners with physical and age-related disabilities, and services Responses to Child Sexual Abuse critical to prison operations); and • Hobart Reception Prison (electronic security system The Royal Commission Response Unit is responsible for upgrades and essential building maintenance). coordinating the Tasmanian Government’s implementation of recommendations of the Royal Commission into Northern Courts Infrastructure Program Institutional Responses to Child Sexual Abuse. Implementation of the recommendations covers multiple In 2017, the Government committed to the current two- areas of service delivery, consistent with the Commission’s court system in Burnie and Devonport, and the 2018- view that governments, institutions and the broader 19 Budget allocated funding for two projects aimed at community share responsibility for keeping children safe. supporting access to justice on the north-west coast: In addition to implementation activities at a State • Burnie Court Complex upgrade ($15 million over 4 level, Tasmania continues to work with the Australian years, commencing in 2019-20); and Government in relation to progressing national initiatives, • Police out of Courts: Launceston Supreme Court such as the development of a National Strategy to Prevent ($789 000 per annum). Child Sexual Abuse and a National Framework for Child Safety, which will further address a number of the The upgrade of the Burnie Court Complex will Commission’s recommendations. address some of the critical operational and functional deficiencies of the building and assist in extending its In 2017-18 the Unit: design life for the short-to-medium term. • supported the Tasmanian Government’s engagement The scope of the project includes the amalgamation with the national redress taskforce and Tasmania’s May of the Supreme and Magistrates Courts’ registries, 2018 agreement to join the National Redress Scheme; refurbishment of the cells, improvements to building • worked with the Australian Government as part of amenity and major upgrades to the building services the ongoing engagement with the Royal Commission (electrical, mechanical and hydraulic).A tender for into Institutional Responses to Child Sexual Abuse construction works will be released in March 2019. (CARC) Implementation Taskforce; and In late 2017, the Government announced that Tasmania • coordinated the development of the Tasmanian Police officers would no longer provide court security Government initial response to the Royal Commission and prisoner escort services at the Launceston Supreme into Institutional Responses to Child Sexual Abuse Final Court.As at 30 June 2018, preparation for the transfer Report. of these duties to the TPS was well underway, with the transition period commencing on 6 July 2018.To support the increase in staff numbers to undertake these new White Ribbon duties, the unit is managing upgrades to the Launceston Reception Prison to provide an appropriate work A key priority for the Department in the last twelve environment.The unit is also overseeing upgrades to months was commencing the White Ribbon accreditation the cells and sally port areas at the Launceston Supreme process as part of the whole of government commitment Court to bring them in line with the Nelson Mandela to Safe Homes, Safe Families:Tasmania’s Family Violence Rules. Action Plan (Action 5).The Department is committed Work is also underway to enable the TPS to take over to implementing a range of initiatives to demonstrate the duties currently undertaken by Tasmania Police in the achievement across the three required standards: Burnie Court. Leadership and Commitment; Prevention of Violence against Women; and Responses to Violence against Women. An all-staff baseline survey was disseminated across the Department, and a strong take-up by staff has meant the Department quickly exceeded its required response rate. Survey responses will inform priority actions for the Department, which has approximately 18 months to address and provide evidence of action against the accreditation criteria. The Department aims to be a White Ribbon Accredited Workplace by 31 October 2019.

Department of Justice Annual Report 2017–2018 75 8. Corporate Support and Strategy

Finance Branch Human Resources Branch

The Finance Branch provides a wide range of specialist The Human Resources Branch provides support to all financial, budgeting, accounting, procurement, data areas of the Department.The key services and outcomes analysis, facilities and asset and property management of the HR Branch are: services. In providing these services, the Branch has a • the recruitment and payment of employees; vision to be SAVI: to be Strategic, to Automate, to Value add and to Integrate. • provision of strategic advice to Departmental management and staff on the management of change This year the Branch received funding to commence the and other initiatives; and development of a justice system demand analysis model. The Branch has recruited specialist demand analysis • the development and implementation of activities staff to adapt the Victorian Justice system’s model.These that improve the Department’s people management specialist staff have met with representatives from Victoria practices to assist all areas of the Department to and have commenced development of the demand analysis meet their objectives. model for Tasmania.The first three phases of the model The Human Resources Branch also provides support to include Police, Courts and Corrections.Additionally, the a number of external organisations through Service Level Branch has taken on responsibility for statistical reporting Agreements.These include the Tasmanian Audit Office, for the Report on Government Services in addition to the Integrity Commission, Ombudsman and the Public Australian Bureau of Statistics requests. Trustee. The Branch has also: HR Operations • conducted disability access audits on two leased and two owned buildings; The Operations Unit continued to provide a high level • rolled out the use of reloadable debit cards and of recruitment and payroll services to managers and portable EFTPOS machines to outputs; employees throughout the reporting period. In addition, key initiatives of the Operations team included: • implemented online payment gateways to enable the public to more easily make payments for services; • improvements in payroll processing and recruitment, including further implementation of the whole of • undertaken lease negotiations for a new and Government eRecruitment system, PageUp; and expanded Community Corrections site in Devonport; and • ongoing development of a Department-wide web- based Learning Management System (LMS) called • commenced preparation for relocation of the Learning@Justice which provides an accessible and Department’s Corporate Services and Office of the effective method of delivering training to the widely Secretary outputs to new offices within the Podium dispersed areas of the Agency. This supports the space at Parliament Square. ongoing development of employees with relevant and easily accessible training, particularly in relation to mandatory courses.

76 Department of Justice Annual Report 2017–2018 Table 7.1: Learning Management System Usage Work Health and Safety Learning Management 2016-17 2017-18 The Department continues to focus on the continuous System improvement of its Work Health and Safety Management Active Users 1107 1363 System (WHSMS) through its internal audit program Courses Completed 3122 4060 and the review and implementation of the key WHS procedures and processes. For example: Workplace Relations • annual review of Outputs’ WHS Risk Registers; Workplace Relations provides support to employees • alignment of its dealing with client aggression and managers with a range of Human Resource matters procedures with the “Tasmanian State Service encompassing workers compensation, industrial relations, Occupational Violence and Aggression Definition and workplace grievances, managing misconduct and data Statement of Key Principles”; and reporting. Key activities included: • Safety and Security risk assessments across various • continued support to employees and managers in Courts and Tribunals resolving workplace grievances.There has been ongoing refinement of the procedures following their Table 7.2: Department of Justice WHS KPIs introduction last year, with the aim being to make it simpler for employees to raise and resolve grievances Measure 2016-17 2017-18 % Change at a local level; Lost Time Injury 29.1 25.2 - 13% • commenced a review into the identification and Frequency Rate management of misconduct at the Department, Total Recordable Injury 40.1 48.6 + 17% following the release of the Tasmanian Integrity Frequency Rate Commission report into misconduct management Average Days Lost 14.0 11.8 - 15.7% in the State Service and the development of their Through Injury associated good practice guide.The Department’s examination of its misconduct management processes Hazards and Near Misses 220 293 + 33% Reported are also being informed by the broader review of associated employment directions being undertaken by the State Service Management Office; and • worked with employees and managers to support employees returning to the workplace from injury and to resolve long term workers compensation claims.

Department of Justice Annual Report 2017–2018 77 Health and Wellbeing Information and Communications The Department continues to deliver a range of health Technology Services and wellbeing activities designed to raise awareness of our workers’ health and to encourage participation The Information and Communications Technology (ICT) through its Health and Wellbeing Champions Network. Services Branch provides support services and advice to Examples include: the Department on technology solutions as well as: • bi-annual heart health checks; • managing the procurement and installation of • annual skin cancer screening checks; hardware and software to enable Outputs to provide services to the community; • Ritualize and other physical activity challenges; • coordinating the maintenance and modification of • stress reduction activities such as Stress Down Day some Agency information systems; and R U OK? Day; and • managing contracts related to these services; • the Creating Mentally Healthy Workplaces program. • maintaining a service desk for support calls and

To complement the health and wellbeing activities requests; and currently undertaken in the Department, the Human Resources Branch has continued to sponsor and support • assisting with data and statistical reporting. the Strategic Health and Wellbeing Facilitation project.This project seeks to identify ways to broaden the proactive Achievements health and wellbeing strategies within the Department and increase participation across the workforce. During 2017-18, ICT: The key resource driving the Health and Wellbeing • completed the migration of the fleet of application Program is the Department’s Health and Wellbeing servers to an on-island cloud provider in line with the Champions Network. This group of staff drawn from Tasmanian Cloud Policy; across the Department meets approximately bi monthly • continued the upgrade of supported computers to and members take a key role in promoting and organising Windows 10; wellness related activities in their individual work areas. • provided assistance in upgrading a number of applications; Table 7.3: Health and Wellbeing KPIs • introduced some business units to Office 365 Measure 2016-17 2017-18 products; Number of Health and Wellbeing 40 46 • upgraded the FIND environment to contribute to the Champions longevity of the application; • tested disaster recovery for the Births, Deaths and Diversity and Inclusion Marriages system; The Diversity and inclusion Project at Justice supports • provided technical specifications to numerous the Tasmanian State Service Diversity Framework, goals projects; and actions. • supported requests for information reporting and The project commenced in May 2018 and seeks to work statistics; towards creating a workforce that is diverse in gender, • participated in numerous security enhancements and ethnicity, cultural background, age, sexual orientation introduced regular patching to systems; and religious beliefs. It also supports a workforce that is diverse in skills, qualifications, work and life experiences, • ‘monitored and responded to cyber security risks; and personality, abilities, family and caring responsibilities, and • prepared for the migration of email from TMD. their experience of disability.An important part of the project is to embed a culture that ensures the values and behaviours of the organisation enable everyone to be respected in the workplace and to have equal access to opportunities and resources. Over the next 18 – 24 months, the project steering committee and working group will work with the project manager to develop a Diversity and Inclusion Strategy for the Department of Justice with associated actions aimed at uncovering, and working to mitigate and remove, the barriers that currently exist.

78 Department of Justice Annual Report 2017–2018 Projects and Information Branch Communications

The Projects and Information Branch has a strategic focus The Communications Branch encompasses three separate on business operations and is responsible for building functions and teams, specifically: project management and information management • Records Services; capabilities across the Department. • Web Services; and The branch oversees the Department’s portfolio of projects and provides project management and business • Media and Communications. analysis services as required.This includes business case Key functions of the Branch include: development, requirements definition, business process • media liaison; reengineering, drafting procurement documentation, contract development, and managing projects on behalf of • managing internal communications; outputs. • provision of advice and guidance to Departmental Key activities for 2017-18 included: officers on media and communication tasks and issues; • Review of Issue and Change management by the • management of the Department’s online content (including external websites and internal intranets); branch including: • provision of training, information resources and - update of forms for recording; technical support to web content authors; - implementation of a new workflow for both • coordination of business planning processes; development, implementation and support of projects; and • production of the Department’s annual report; - improved reporting for governance. • development and implementation of records management policy, procedures and systems across the • Project management and business analysis services Department; for: • administering the Department’s Content Manager - the implementation of the new Rental Deposits datasets; and Authority system, called ‘MyBond’ with a go live date of 1 May 2019; • provision of direction, advice and support to staff in practical aspects of records management. - Industry safety solution to support Worksafe Tasmania inspection and investigation activities; and Highlights for the branch in 2017-18 included: - Births, Deaths and Marriages – online registration • launching the Department’s new intranet in early 2018; services for births and marriages and request for • development, design and implementation of a new certificates. website for Consumer Building and Occupational • Business analysis services resulting in the development Services; of Project Briefs for new solutions for: • development of a new Consultation portal on the - registration of Working with Vulnerable People Department’s website providing details of open Extension – for working with Adults and the consultation processes, allowing submissions to be inclusion of NDIS requirements; made online and publishing submissions received in response to consultation processes; - backup Audio Visual System for the Supreme • redesigning the websites for the Ombudsman and Court; Health Complaints Commissioner; - Chemical Management System – for the • management of more than 220 media queries; management of hazardous chemicals in the Tasmania Prison Service; and • development and implementation of a new Media Relations Policy and Social Media Policy; - Tasmania Prison Service Learning Management System. • introduction of a news feed within the new Intranet providing regular updates to staff on a range of issues; • Provide services to assist Outputs across the Department in completing the Architectural Review • assuming responsibility for oversight of both Content Board checklist for assessment by the Board. Manager datasets operating within the Department; • preparing for the addition of five new staff to the Records Services team from 1 July 2018; and • transitioning Human Resources from hard copy to electronic information management.

Department of Justice Annual Report 2017–2018 79 “Everyone should feel like their manager, their work group and their workplace is respectful and that everyone has a voice and equal access to opportunities and resources.”

80 Department of Justice Annual Report 2017–2018 Staff profile: Serena Ellery

Diversity and inclusion affect everyone and Serena Ellery’s making the Department a diverse and inclusive workplace mission is to ensure all Department of Justice employees is effective. benefit from a welcoming, safe and supportive workplace. Serena has experience in change management through Serena is the Department’s Diversity and Inclusion her career at the DHHS, transitioning disability workers Project Manager and is driven by a belief that diverse and into other roles through a process that was often inclusive workplaces have happier employees who are challenging. However, she expects the changes that will more productive, loyal and committed to their work. arise from the Diversity and Inclusion Project to be overwhelmingly positive. “Essentially, diversity and inclusion are about respect,” Serena said. “It is going to influence culture positively,” she said. “Everyone brings a unique set of circumstances and “Working in the Justice area is not always easy so beliefs into their jobs and we need to value everyone’s employees need to know that they are supported in diverse characteristics. serving the community to the best of their abilities. “An organisation is enriched by the fact that everyone is “Everyone should feel like their manager, their work different and by valuing differences. group and their workplace is respectful and that everyone has a voice and equal access to opportunities “It’s not just about being respectful of people of different and resources.” ethnic backgrounds. It includes differences relating to physical appearance, ability, norms and family backgrounds Serena acknowledges there will be challenges along as well.” the way, particularly in areas that can traditionally be resistant to change. However, she knows that any changes Serena has come into the project following two years of that result from the project will ultimately make the work on the Department of Health and Human Services’ Department a better place to work. diversity committee, part of a 10-year career at the DHHS. “People are protective of what they know, they like the status quo. My job is to educate that it’s a positive change Her background in human resources – in non- – I can’t see any negative things about this project,” she government organisations and the public service – has said. provided Serena with a clear understanding of the uniqueness of individuals and what this means for their “It will be a series of small steps which will equate to a working lives. bigger leap when we look back.” “Equal doesn’t mean identical, nor does it mean that gender differences should be eliminated,” Serena said. “Fairness often means treating people differently to achieve the same outcome.” Serena initially wants to educate the Department of Justice workforce about diversity and inclusion and then plans to set up a reference group that will help uncover the barriers that currently exist. She will draw inspiration from innovative workplaces and explore best practice in the private and public sectors to ensure her approach to

Department of Justice Annual Report 2017–2018 81 9. Climate Change

The Department has a Carbon Emissions Reduction Plan, Greenhouse Gas Emissions which identifies a number of key initiatives to help reduce the Department’s greenhouse gas emissions and help Table 9.1:Total Greenhouse Gas Emissions the Tasmanian Government achieve its climate change objectives. Energy Unit 2016-17 2017-18 Energy (Stationary Sources) Energy Use Electricity kWh 11,601,032 12,261,007 LPG (non-vehicles) Litres 75,662 102,389 This area focuses on reducing the amount of electricity used in kilowatt hours. Measures the Department has Energy (Transport) adopted include using energy efficient light globes and Petrol vehicles litres 133,656 149,671 technology, installing automatic sensor lights that turn off Diesel vehicles litres 130,197 136,876 when no one is in the room, and ensuring air conditioning Air Travel kms 677,806 773,744 operates as efficiently and effectively as possible. Other Fuel Usage Transport Unleaded litres 4,400 1,600 Diesel litres 158,181 144,200 This area focuses on reducing the amount of kilometres Total staff travel by land and air, and using more fuel efficient means when they do travel. Measures include ensuring Energy Usage GJ 59,558 62,054 G-plated vehicles purchased are four cylinders (unless CO2 emissions Tonnes 5,286 5,514 there is an operational need for a six cylinder vehicle) and Note:The Department’s total carbon dioxide (CO2) private-plated vehicles allocated to senior executive staff emissions for 2017-18 were made up of 77.9% from and statutory office holders meet a minimum Australian stationary sources (76.4% in 2016-17), 14.5% from Government Green Vehicle Guide greenhouse rating of 5.5. transport (14.7% in 2016-17) and 7.6% from other fuel usage (8.9% in 2016-17). Minimise Waste The Department uses the National Greenhouse This area focuses on efficient use of paper resources and Accounts Factors, determined by the Federal reducing overall waste produced. Measures adopted include Department of Environment to determine its annual installing recycling bins in kitchens for plastic bottles, glass estimated carbon dioxide emissions.These factors are containers and cans, and recycling items no longer needed revised and recalculated each year. according to the Department’s Disposal Policy. Find more information on how these factors are Procurement calculated at the Federal Department of Environment website. This area focuses on ensuring energy efficient and environmentally friendly products are purchased. Measures adopted include complying with Treasurer’s Instruction 1121 – Climate Change and Environmental Impact: goods and services, and Treasurer’s Instruction 1227 – Climate Change and Environmental Impact: building and construction.

82 Department of Justice Annual Report 2017–2018 10. Police Powers 11. Right to (Public Safety) Information

The Police Powers (Public Safety) Act 2005 began on 14 Some of the Department’s right to information statistics December 2005 to authorise Police Officers to stop for 2017-18 include: and search people and vehicles, question people, and • 64 applications for assessed disclosure received; seize things for the purposes of public safety and related matters. • 37 applications for assessed disclosure determined; Under section 31 of this Act, the Attorney-General must • 13 applications for assessed disclosure transferred or report annually to Parliament on any powers exercised part-transferred to another public authority; under the Act. • five determinations where the information applied for The Commissioner of Police has confirmed that no was provided in full; powers were exercised under the Act in the period 1 July • 20 determinations where the information applied for 2017 through to 30 June 2018. was provided in part; • 12 determinations where all the information applied for was claimed as exempt; • six applications where the information applied for was not in possession of the public authority or Minister; and • 22 determinations made within 20 days of the application being accepted. Find detailed right to information statistics for the Department in the Right to Information Annual Report.

Department of Justice Annual Report 2017–2018 83 12. Public Interest 13. Processes for Disclosures Appealing Decisions of the Agency

Under the Public Interest Disclosures Act 2002, the The Department of Justice operates under, and enforces, Department is required to report on any disclosures an extensive and diverse list of legislation (a full listing about improper conduct by its public officers or the is provided in Section 14 below). Many of these Acts Department. include decision making powers for either staff of the Department and/or Ministers responsible for the specific In accordance with the requirements of section 86 of this legislation, and in a number of cases also provide for a Act, the Department advises that in the 2017-18 financial right of appeal in relation to decisions. year:

• its procedures under the Act continued to be available Where an individual or organisation seeks review of a on the Department of Justice website; decision made by the Department, the process may vary • no disclosures of public interest were made to the depending on the legislation under which the decision Department; was made. • no public interest disclosures were investigated by the Where a right of appeal is provided in relation to a Department; decision, the reasons for which an appeal may be lodged and the process for doing so, are communicated to • no disclosed matters were referred to the people as part of the decision. Department by the Ombudsman; There is also a provision for review in relation to • no disclosed matters were referred by the administrative matters, available through the Ombudsman, Department to the Ombudsman to investigate; including in relation to the right to information and • no investigations of disclosed matters were taken personal information. over by the Ombudsman from the Department; • there were no disclosed matters that the Department decided not to investigate; • there were no disclosed matters that were substantiated on investigation as there were no disclosed matters; and • the Ombudsman made no recommendations under the Act that relate to the Department.

84 Department of Justice Annual Report 2017–2018 Department of Justice Annual Report 2017–2018 85 14. Legislation Administered by the Department

Attorney-General/Minister for Justice Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981

Access to Neighbouring Land Act 1992 Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code Acts Enumeration Act 1947 Companies and Securities Legislation (Miscellaneous Acts Interpretation Act 1931 Amendments) Act 1982 Administration and Probate Act 1935 Companies (Application of Laws) Act 1982 Admission to Courts Act 1916 Companies Auditors and Liquidators Disciplinary Board Act Age of Majority Act 1973 1982 Aliens Act 1913 Companies (Tasmania) Code Alternative Dispute Resolution Act 2001 Coroners Act 1995 Annulled Convictions Act 2003 Corporations (Administrative Actions) Act 2001 Anti-Discrimination Act 1998 Corporations (Ancillary Provisions) Act 2001 Appeal Costs Fund Act 1968 Corporations (Commonwealth Powers) Act 2001 Appointments Act 1876 Corporations (Tasmania) Act 1990 Apportionment Act 1871 except in so far as it relates to the superannuation Bail Act 1994 entitlements of transferred members of the Australian Securities Commission (see Department of Treasury and Births, Deaths and Marriages Registration Act 1999 Finance under the Treasurer) Boy Scouts Association Act 1954 Costs in Criminal Cases Act 1976 Business Names (Commonwealth Powers) Act 2011 Council of Law Reporting Act 1990 Business Names Registration (Transitional and Consequential Court Security Act 2017 Provisions) Act 2011 Credit (Commonwealth Powers) Act 2009 Civil Liability Act 2002 Credit (Commonwealth Powers) (Transitional and Civil Process Acts 1839, 1870 and 1985 Consequential Provisions) Act 2009 Classification (Publications, Films and Computer Games) Crime (Confiscation of Profits) Act 1993 Enforcement Act 1995 Crimes at Sea Act 1999 Commercial Arbitration Act 2011 Criminal Code Act 1924 Commissions of Inquiry Act 1995 Criminal Code Amendment (Life Prisoners and Dangerous Commonwealth Powers (De Facto Relationships) Act 2006 Criminals) Act 1994 Commonwealth Powers (Family Law) Act 1987 Criminal Investigation (Extra-Territorial Offences) Act 1987 Companies (Acquisition of Shares) (Application of Laws) Act Criminal Justice (Mental Impairment) Act 1999 1981 Criminal Law (Detention and Interrogation) Act 1995 Companies (Acquisition of Shares) (Tasmania) Code

86 Department of Justice Annual Report 2017–2018 Criminal Law (Territorial Application) Act 1995 Legal Aid Commission Act 1990 Criminal Procedure (Attendance of Witnesses) Act 1996 Legal Profession Act 2007 Crown Proceedings Act 1993 Legislative Council Boundaries Expenses Act 1995 Crown Remedies Act 1891 Legislative Council Electoral Boundaries Act 1995 Debtors Acts 1870 and 1888 Limitation Act 1974 Defamation Act 2005 Listening Devices Act 1991 Director of Public Prosecutions Act 1973 Magistrates Court Act 1987 except in so far as it relates to the superannuation Magistrates Court (Administrative Appeals Division) Act 2001 entitlements of the Director of Public Prosecutions (see Magistrates Court (Children’s Division) Act 1998 Department of Treasury and Finance under the Treasurer) Magistrates Court (Civil Division) Act 1992 Disposal of Uncollected Goods Act 1968 Married Women’s Property Act 1935 Domestic Violence Orders (National Recognition) Act 2016 Mental Health Act 2013 Domicile Act 1980 Parts 2 and 3 of Chapter 3, and Schedules 3, 4 and Electoral Act 2004 5 (otherwise see Department of Health and Human Services Electronic Transactions Act 2000 under the Minister for Health) Energy Ombudsman Act 1998 Mercantile Law Act 1935 Evidence Act 2001 Minors Contracts Act 1988 Evidence (Audio and Audio Visual Links) Act 1999 Misuse of Drugs Act 2001 Evidence (Children and Special Witnesses) Act 2001 Monetary Penalties Enforcement Act 2005 Evidence on Commission Act 2001 Motor Accidents (Liabilities and Compensation) Act 1973 Expungement of Historical Offences Act 2017 in so far as it relates to the appointment, functions, Factors Act 1891 powers and operation of the Motor Accidents Compensation Tribunal (otherwise see Department of State Family Violence Act 2004 Growth under the Minister for Infrastructure) Fatal Accidents Act 1934 Neighbourhood Disputes About Plants Act 2017 Federal Courts (State Jurisdiction) Act 1999 Notaries Public Act 1990 Financial Transaction Reports Act 1993 Oaths Act 2001 Forensic Procedures Act 2000 Offshore Waters Jurisdiction Act 1976 Futures Industry (Application of Laws) Act 1987 Ombudsman Act 1978 Futures Industry (Tasmania) Code Partnership Act 1891 Girl Guides’ Association Act 1957 Penalty Units and Other Penalties Act 1987 Guardianship and Administration Act 1995 Perpetuities and Accumulations Act 1992 Guardianship and Custody of Infants Act 1934 Personal Information Protection Act 2004 Guesdon Bequest (Administration) Act 1972 Personal Property Securities (Commonwealth Powers) Act Health Complaints Act 1995 2010 Health Practitioners Tribunal Act 2010 Personal Property Securities (National Uniform Legislation) Implementation Act 2011 Integrity Commission Act 2009 Police Powers (Assumed Identities) Act 2006 Intestacy Act 2010 Police Powers (Controlled Operations) Act 2006 Judicial Review Act 2000 Police Powers (Public Safety) Act 2005 Juries Act 2003 Police Powers (Surveillance Devices) Act 2006 Jurisdiction of Courts (Cross-Vesting) Act 1987 Powers of Attorney Act 2000 Justices Act 1959 in so far as it relates to the functions and powers of the Kennerley Trust Act 2015 Guardianship and Administration Board in relation to Landlord and Tenant Act 1935 enduring powers of attorney (otherwise see Department of Law of Animals Act 1962 Primary Industries, Parks,Water and Environment under the Minister for Primary Industries and Water)

Department of Justice Annual Report 2017–2018 87 Presumption of Survivorship Act 1921 Trustee Act 1898 Professional Standards Act 2005 Trustee Companies Act 1953 Promissory Oaths Act 2015 Unauthorized Documents Act 1986 Public Interest Disclosures Act 2002 Variation of Trusts Act 1994 Public Trustee Act 1930 Vexatious Proceedings Act 2011 Records of Offences (Access) Act 1981 Victims of Crime Assistance Act 1976 Referendum Procedures Act 2004 Victims of Crime Compensation Act 1994 Registration to Work with Vulnerable People Act 2013 Wills Act 2008 Relationships Act 2003 Witness (Identity Protection) Act 2006 Right to Information Act 2009 Wrongs Act 1954 Royal Society Act 1911 Youth Justice Act 1997 Rules Publication Act 1953 in so far as it relates to the establishment and Sale of Goods Act 1896 operation of the Magistrates Court (Youth Justice Division) (otherwise see Department of Health and Human Sale of Goods (Vienna Convention) Act 1987 Services under the Minister for Human Services) Salvation Army (Tasmania) Property Trust Act 1930 Sea-Carriage Documents Act 1997 Minister for Building and Construction Search Warrants Act 1997 Second-hand Dealers and Pawnbrokers Act 1994 Architects Act 1929 Securities Industry (Application of Laws) Act 1981 Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 Securities Industry (Tasmania) Code Associations Incorporation Act 1964 Senate Elections Act 1935 Australian Consumer Law (Tasmania) Act 2010 Sentencing Act 1997 Building Act 2016 Settled Land Acts 1884 and 1911 Building and Construction Industry Security of Payment Act Sex Industry Offences Act 2005 2009 Sheriff Act 1873 Collections for Charities Act 2001 Solicitor-General Act 1983 Commissioner for Corporate Affairs Act 1980 except in so far as it relates to the superannuation Construction Industry (Long Service) Act 1997 entitlements of the Solicitor-General (see Department of Treasury and Finance under the Treasurer) Consumer Affairs Act 1988 Status of Children Act 1974 Conveyancing Act 2004 Statutory Appointments (Validation) Act 2016 Co-operative Schemes (Administrative Actions) Act 2001 Statutory Authorities (Protection from Liability of Members) Co-operatives National Law (Tasmania) Act 2015 Act 1993 Dangerous Goods (Road and Rail Transport) Act 2010 Supreme Court Acts 1856, 1887 and 1959 Electricity Industry Safety and Administration Act 1997 Supreme Court Civil Procedure Act 1932 Electricity Industry Safety and Administration (Consequential Supreme Court (Judges’ Independence) Act 1857 and Transitional Provisions) Act 1997 Surrogacy Act 2012 Electricity Supply Industry Act 1995 Syme Trusts Act 1989 Part 8 and regulations that relate to Part 8 (otherwise see Department of State Growth under the Minister for Energy Tasmanian Government Officers’ Salaries Attachment Act and Department of Treasury and Finance under the Treasurer) 1927 Explosives Act 2012 Terrorism (Commonwealth Powers) Act 2002 Flammable Clothing Act 1973 Terrorism (Preventative Detention) Act 2005 Gas Act 2000 Testator’s Family Maintenance Act 1912 in so far as it relates to provisions relating to the Travel Agents Repeal Act 2014 appointment, functions, powers and duties of the

88 Department of Justice Annual Report 2017–2018 Director of Gas Safety (otherwise see Department of State Minister for Planning Growth under the Minister for Energy)

Gas Pipelines Act 2000 Approvals (Deadlines) Act 1993 in so far as it relates to provisions relating to the Land Use Planning and Approvals Act 1993 functions, powers and duties of the Director of Gas Safety (otherwise see Department of State Growth under the Local Government (Building and Miscellaneous Provisions) Act Minister for Energy) 1993 Local Government (Building and Miscellaneous Provisions) Act except Part 7 (see Department of Justice under the Minister 1993 for Building and Construction) Part 7 (otherwise see Department of Justice under the Local Government (Subdivision Approval Validation) Act 1995 Minister for Planning) Major Infrastructure Development Approvals Act 1999 Long Service Leave Act 1976 Public Land (Administration and Forests) Act 1991 Long Service Leave (Casual Wharf Employees) Act 1982 Part 2 (otherwise see Forestry Corporation under the Minister Long Service Leave (State Employees) Act 1994 for Resources) Mines Work Health and Safety (Supplementary Resource Management and Planning Appeal Tribunal Act 1993 Requirements) Act 2012 State Policies and Projects Act 1993 Motor Vehicle Traders Act 2011 Part 4 and the making of regulations under section 46, in Occupational Licensing Act 2005 so far as those regulations relate to Part 4 (otherwise see Department of Premier and Cabinet under the Premier) Occupational Licensing National Law Repeal Act 2016 Sullivans Cove Waterfront Authority (Repeal) Act 2011 Prepaid Funerals Act 2004 Tasmanian Planning Commission Act 1997 Property Agents and Land Transactions Act 2016 Residential Building Work Contracts and Dispute Resolution Treasurer Act 2016 Residential Tenancy Act 1997 Industrial Relations Act 1984 Retirement Villages Act 2004 Industrial Relations (Commonwealth Powers) Act 2009 Security and Investigations Agents Act 2002 Workplaces (Protection from Protesters) Act 2014 Security-Sensitive Dangerous Substances Act 2005 Shop Trading Hours Act 1984 Statutory Holidays Act 2000 Trades Unions Act 1889 Work Health and Safety Act 2012 Work Health and Safety (Transitional and Consequential Provisions) Act 2012 Workers’ (Occupational Diseases) Relief Fund Act 1954 Workers Rehabilitation and Compensation Act 1988

Minister for Corrections

Corrections Act 1997 Custodial Inspector Act 2016 International Transfer of Prisoners (Tasmania) Act 1997 Interstate Transfer (Community-based Sentences) Act 2009 Parole Orders (Transfer) Act 1983 Prisoners (Interstate Transfer) Act 1982 Prisoners (Removal of Civil Disabilities) Act 1991

Department of Justice Annual Report 2017–2018 89 15. Location of Services

Anti-Discrimination Commissioner Planning and Policy Unit Level 1, 54 Victoria Street, Hobart Level 4, 144 Macquarie Street, Hobart* Community Corrections Crown Law Directorate (Hobart) Office of the Crown Solicitor Corner of Murray and Bathurst Street, Hobart* Level 9, 15 Murray Street, Hobart* Hobart office Office of the Director of Public Prosecutions 27 Liverpool Street, Hobart Hobart office Glenorchy office Level 8, 15 Murray Street, Hobart* 3 Terry Street, Glenorchy* Launceston office Launceston office 112 Cameron Street, Launceston* 111 Cameron Street, Launceston* Burnie Office Burnie office 14 Alexander Street, Burnie* Level 3, 46 Mount Street, Burnie* D M Chambers Library Consumer Building and Occupational Services Level 8, 15 Murray Street, Hobart* Southern region and Head Office Office of the Solicitor-General 30 Gordons Hill Road Rosny* Level 8, 15 Murray Street, Hobart* Northern region Level 1, 1 Civic Square, Launceston Monetary Penalties Enforcement Service North-West region Level 2, 54 Victoria Street, Hobart* Level 2, 46 Mount Street, Burnie* Guardianship and Administration Board Corporate Support and Strategy Level 2, 144 Macquarie Street, Hobart* Finance Branch Legal Aid Commission of Tasmania Level 14, 110 Collins Street, Hobart* Hobart office Human Resources Branch 158 Liverpool Street, Hobart* Level 14, 110 Collins Street, Hobart* Launceston office Communications and Executive Support Branch 64 Cameron Street Launceston* Level 14, 110 Collins Street, Hobart* Burnie office Information Services Branch 50 Alexander Street, Burnie 30 Gordons Hill Road Rosny* Devonport office Projects and Information Branch 8 Griffith Street, Devonport 30 Gordons Hill Road Rosny*

90 Department of Justice Annual Report 2017–2018 Magistrates Courts Hobart Reception Prison 27 Liverpool Street, Hobart Hobart registry 23-25 Liverpool Street, Hobart Risdon Prison Complex East Derwent Highway, Risdon Vale Launceston registry 73 Charles Street, Launceston Mary Hutchinson Women’s Prison East Derwent Highway, Risdon Vale Burnie registry 38 Alexander Street, Burnie Ron Barwick Minimum Security Prison East Derwent Highway, Risdon Vale Devonport registry 8 Griffith Street, Devonport Victims Support Services Mental Health Tribunal Hobart office Level 1, 54 Victoria Street, Hobart* Level 4, 144 Macquarie Street, Hobart* Launceston office Office of the Secretary Level 3, 1 Civic Square Launceston* Level 14, 110 Collins Street, Hobart* Burnie office Public Guardian, Office of the Level 2, 46 Mount Street, Burnie* Level 1, 54 Victoria Street, Hobart * Devonport office Magistrate Court, 8 Griffiths Street, Devonport Registry of Births, Deaths and Marriages Workers Rehabilitation and Compensation Tribunal 30 Gordons Hill Road, Rosny* Hobart office Resource Management and Planning Appeal Tribunal Level 7, 86 Collins Street, Hobart* Level 6, 144 Macquarie Street, Hobart* Launceston office 111-113 St Johns Street, Launceston* Strategic Legislation and Policy Level 14, 110 Collins Street, Hobart* WorkSafe Tasmania Southern region and Head Office Supreme Court 30 Gordons Hill Road, Rosny* Hobart registry Northern region Salamanca Place, Hobart Level 3, 1 Civic Square Launceston* Launceston registry North-West region 116 Cameron Street, Launceston Level 2, 46 Mount Street, Burnie* Burnie registry 38 Alexander Street, Burnie WorkCover Tasmania Andrew Inglis Clark Library 30 Gordons Hill Road Rosny* Lower Level, Supreme Court, Hobart *Rented premises Tasmanian Electoral Commission Level 2, 163-169 Main Road, Moonah* Tasmanian Industrial Commission Level 2, 144 Macquarie Street, Hobart* Tasmanian Planning Commission Hobart office Level 3, 144 Macquarie Street, Hobart* Launceston office Level 2, 1 Civic Square, Launceston* Tasmania Prison Service Launceston Reception Prison Cimitiere Street, Launceston

Department of Justice Annual Report 2017–2018 91 16. Staffing Information

Table 16.1: Full time equivalent employees at 30 June 2018 Table 16.2: Full time equivalent employees at 30 June 2018 (Administration of Justice) (Legal Services)

Output Full time Full time Division Full time Full time equivalent equivalent equivalent equivalent employees at employees at employees at employees at 30 June 2017 30 June 2018 30 June 2017 30 June 2018 Anti-Discrimination Crown Law 34.13 40.29 12.36 11.55 Commissioner Strategic Legislation and 11.00 10.80 Births, Deaths and Marriages 7.00 8.00 Policy Electoral Services 12.70 13.30 Total 45.13 51.09 Legal Aid 63.72 70.84 Magistrates Court Services 69.78 72.30 Table 16.3: Full time equivalent employees at 30 June 2018 Protective Jurisdictions 19.79 23.61 (Office of the Director of Public Prosecutions) Guardianship Board 8.39 8.39 Division Full time Full time Mental Health Tribunal 6.80 8.90 equivalent equivalent employees at employees at Public Guardian 4.60 6.32 30 June 2017 30 June 2018 Resource Management and 7.29 7.49 Office of the Director of Planning Appeal Tribunal 56.68 64.78 Public Prosecutions Support and Compensation 13.06 14.69 for Victims of Crime Total 56.68 64.78 Supreme Court Services (including Law Library 52.97 54.66 Table 16.4: Full time equivalent employees at 30 June 2018 Services) (Corrections and Enforcement) Tasmanian Industrial 5.00 5.00 Commission Division Full time Full time equivalent equivalent Workers Rehabilitation and 7.00 6.10 employees at employees at Compensation Tribunal 30 June 2017 30 June 2018 Total 270.67 287.54 Community Corrections 95.33 101.30 Monetary Penalties 21.81 22.23 Enforcement Service Tasmania Prison Service 441.30 469.78 Total 558.44 593.31

92 Department of Justice Annual Report 2017–2018 Table 16.5: Full time equivalent employees at 30 June 2018 Table 16.8: Full time equivalent employees at 30 June 2018 (Regulatory and Other Services) (Agency total)

Division Full time equivalent Full time equivalent Department of Full time equivalent Full time equivalent employees at 30 employees at 30 Justice employees at 30 employees at 30 June 2017 June 2018 June 2017 June 2018 Consumer, Building Total 1,233.51 1313.25 and Occupational 77.67 81.00 Services The next three tables include staff employed in the Office of the Ombudsman and the Office of the Director Public Planning Policy Unit 5.93 8.00 Prosecutions but exclude statutory and judicial office Tasmanian Planning 24.55 19.85 holders. Commission WorkSafe Tasmania 88.29 89.49 Table 16.9: Employees by gender and age Total 196.44 198.34 Age group Female Male Total 15-19 1 1 2 Note: Prior to 2017-2018, Consumer Building and 20-24 31 13 Occupational Services was included in the Corrections 44 and Enforcement output, but has this year transferred to 25-29 86 41 127 Regulatory and Other Services. 30-34 103 44 147 35-39 108 66 174 Table 16.6: Full time equivalent employees at 30 June 2018 40-44 101 54 (Corporate Support and Strategy and Office of the Secretary) 155 45-49 128 113 241 Division Full time equivalent Full time equivalent 50-54 107 104 employees at employees at 211 30 June 2017 30 June 2018 55-59 76 120 196 Corporate 60+ 62 84 146 Support and 66.67 74.99 Total 803 640 1443 Strategy Communications and Executive 8.50 11.34 Table 16.10: Salary profile Support Salary group Female Male Total Finance 12.13 15.94 $40 000-49 999 4 1 5 Human 15.89 19.55 Resources $50 000-59 999 153 44 197 Information and $60 000-69 999 182 66 248 Communication 19.63 19.36 $70 000-79 999 186 257 443 Technology $80 000-89 999 71 87 158 Projects and 10.52 8.80 $90 000-99 999 42 26 68 Information $100 000-109 999 88 49 137 Office of the 16.87 23.10 Secretary $110 000-119 999 26 34 60 Total 83.54 98.09 $120 000-129 999 19 21 40 $130 000-139 999 8 8 16 Table 16.7: Full time equivalent employees at 30 June 2018 $140 000-149 999 0 2 2 (Office of the Ombudsman) $150 000-199 999 15 16 31 Division Full time equivalent Full time equivalent Above $200 000 9 29 38 employees at employees at 30 June 2017 30 June 2018 Total 803 640 1443 Office of the 20.10 20.10 Ombudsman Table 16.11: Part time/Full time status Total 20.10 20.10 Female Male Total Full-time 532 586 1118 Part-time 256 44 300 Casual 15 10 25 Total 803 640 1443

Department of Justice Annual Report 2017–2018 93 17. Gender Diversity in the Tasmanian State Service

Overview The total number of positions reported in this table has increased this year as positions classified as Equivalent The Department has continued to work to promote Specialist have been reported for the first time. gender equality throughout the past 12 months. Officers classified at the equivalent of a SES level A key milestone during the reporting period was the share some of the attributes and capabilities of the appointment of a Project Manager to progress a specific SES, however they will generally be more focused on Diversity and Inclusion Project, which will align with the the service responsibilities of the Agency and their State Service Diversity and Inclusion Framework 2017-2020. professional speciality. The Department continues to advertise all vacant Equivalent specialists include senior lawyers and positions as being available with flexible and presidents of tribunals and boards. contemporary working arrangements, and encourages The number of Senior Executive Officers in the new and existing employees to consider flexible work Department reduced by one (SES 1) as of 30 June 2018 practices. compared to 30 June 2017. Employment Data by Gender The SES 3 Deputy Secretary Administration of Justice, which remained vacant as at 30 June 2017, was filled Table 17.1: Senior Executive Officers by classification and during the reporting period, however in terms of overall gender Senior Executive Officer numbers this was offset by the retirement of the former Director of Prisons (SES 4). SES level 2016 2017 2018 Male Female Male Female Male Female SES 1 3 3 4 4 3 4 SES 2 4 1 3 1 3 1 SES 3 2 1 3 0 3 1 SES 4 1 0 1 0 0 0 Head of 1 0 1 0 0 1 Agency Equivalent - - - - 9 6 Specialists Total 11 5 12 5 18 13

94 Department of Justice Annual Report 2017–2018 Figure 17.1: Senior Executive Officers by gender As at 30 June 2018, the gender profile for the Department of Justice was 803 female (56%) and 640 20 (44%) male employees. These percentages have remained 18 largely unchanged for the last 3 years. 16 Figure 17.3: Male/female ratio by award classification – 14 General Stream 12 10 M 300 8 250 6 F 200 4 F 150 2 100 0 50 M 2015–16 2016–17 2017–18 0 The State Service has a commitment to achieving 50/50 Band 1-3 Band 4-6 Band 7-8 Band 9-10 gender equality amongst senior executive officers, with at least 40% female representation by 2020. As at 30 June 2018, the Department of Justice had exceeded this target with 42% female representation amongst senior executive officers, a significant increase from 30 June 2017 when the figure was 29%.

Figure 17.2: Department of Justice gender profile

900 800 700 600 F 500 M 400 300 200 100 0 2016 2017 2018

Department of Justice Annual Report 2017–2018 95 Figure 17.4: Male/female ratio by award classification – Recruitment Activity Correctional Table 17.2: Number of new appointments/promotions 250 (permanent and fixed-term) by gender for the past 12 months 225 Employment Female Male Total 200 M type 175 Permanent 69 50 119 150 Fixed Term 66 24 90 125 SES Contract 3 1 4 100 Total 138 75 213 75 F 50 Table 17.3: Separations by gender for the past 12 months 25 0 Separations Female Male Total Resignation 28 30 58

Chief Retirement 9 7 16

Officer 1 Transfers to other 10 4 14 agencies Correctional Correctional Correctional Deputy Chief Superintendent Superintendent Promotion to 4 1 5 Superintendent 1 Superintendent 2

Officer Supervisor other agencies Workforce 2 1 3 Renewal Incentive Figure 17.5: Male/female ratio by award classification – Program Legal Practitioners Targeted and 0 2 2 35 Negotiated Voluntary 30 Redundancies 25 Other 22 17 39 20 Total 75 62 137 15

10 F Females account for a higher proportion of both 5 appointments (65%) and separations (55%), which is M 0 consistent with the greater number of females (56%) LP1 LP2 LP3 LP4 LP6 employed within the Department.

Table 17.4: Higher Duties Allowance (HDA)/More Responsible Figure 17.6: Male/female ratio by award classification – Duties Allowance (MRDA) by male/female, by less than 3 Professional Stream months and more than 3 months 25 Allowance type Female Male Total 20 HDA >3 months 77 57 134 15 HDA < 3 months 76 131 207 10 MRDA >3 months 27 9 36 5 MRDA <3 months 30 15 M 45 0 F Total 210 212 422 Prof 1 Prof 2 Prof 3 Prof 4 Prof 5

Females are recipients of a greater number of allowances than males in most categories, with the only exception being HDAs of less than 3 months’ duration.This is due to a high proportion of the HDAs under 3 months relating to Correctional Supervisor roles, and therefore being drawn from the Correctional Officer pool, which has high male representation.

96 Department of Justice Annual Report 2017–2018 18. Superannuation Certificate

I, Kathrine Morgan-Wicks, Secretary of the Department of Justice, hereby certify that the Department of Justice has met its obligations under the Commonwealth’s Superannuation Guarantee (Administration) Act 1992 in respect of those employees of the Department who are members of complying superannuation schemes to which the Department contributes.

Kathrine Morgan-Wicks Acting Secretary Department of Justice 27 September 2018

Department of Justice Annual Report 2017–2018 97 19. Contracts and Consultancies Awarded

The Department of Justice ensures procurement Table 19.1: Summary of Participation by Local Business for is undertaken in accordance with the mandatory 2017-18 (for contracts (including consultancies) and tenders requirements of the Treasurer’s Instructions (TI) relating greater than $50,000) to procurement, including enhancing opportunities for Tasmanian businesses to compete for Agency business. Category Total Total number of contracts awarded 33 contracts Table 19.1 provides a summary of the level of participation by local businesses for contracts, tenders Total number of contracts awarded to 28 contracts Tasmanian businesses and/or quotations with a value of $50,000 or over (excluding GST). Total value of contracts awarded $14,208,593 Total value of contracts awarded to $13,007,935 Table 19.2 provides detailed information on contracts Tasmanian businesses with a value of $50 000 or over (excluding GST). Total number of tenders called and 24 Table 19.3 provides a summary of contracts awarded as a written quotation processes run result of an exemption to TI 1114 and 1107. Total number of bids/written quotations 79 Table 19.4 provides a summary of contract extensions received approved in accordance with TI 1115. Total number of bids/written quotations 66 received from Tasmanian businesses

98 Department of Justice Annual Report 2017–2018 Table 19.2: Contracts (including consultancies) with a value greater than $50,000

Name of Contractor Location of Contractor Description of Period of Contract Total Value of Contract Contract Robert Lane Welding Hobart, TAS HRP Manufacture and Jul 17 – Jun 18 $263,992 Install New Cell Shower Screens Maintenance Systems Hobart, TAS HRP Waterproofing of Jul 17 – Jun 18 $68,460 Cell Shower Bays VISY Spreyton, TAS Cardboard Polling Box Aug 2017 $65,744 BSH Electrical Hobart, TAS Security Access Control Mar 18 – Jun 18 $88,745 - Launceston Magistrates Court Shiftwork Solutions Fortitude Valley, QLD TPS Staff Rosters Review Mar 18 – Mar 19 $141,600 and Redevelopment 20th Century Plumbing Hobart, TAS Hydraulic/Plumbing Apr 18 – Jun 18 $106,831 Works in Division 7 BSH Electrical Pty Ltd Hobart, TAS Electrical Upgrade Apr 18 – Jun 18 $173,400 RBMSP Main Switchboard Tas Hotel and Club Hobart, TAS Combination Ovens - Apr 18 – Jun 18 $120,063 Supplies TPS Kitchen RBD Electrical & Hobart, TAS Upgrade of Division 7 May 18 – Jun 18 $138,407 Instrumentation Electrical Department of Justice Melbourne, VIC Anti-Ligature Bed Bases Jun 2018 $114,554 and Regulation Victoria and Bunk Beds for RBMSP and MHWP Synateq Pty Ltd Hobart, TAS Development of an Jan 17 – Jul 17 $215,090 Integrated Postal Vote Management System for the Tasmanian Electoral Commission Tas Isle Trading Hobart, TAS Washing Machines 3 and Jun 18 $187,405 4 Replacement UCI Hobart, TAS Community Corrections Jun 18 – Jul 18 $98,178 - Furniture replacement Highfield House General Window Hobart, TAS Cleaning - Hobart Nov 17 - Nov 21 $234,804 Cleaning Pty Ltd Magistrates Court General and Window Hobart, TAS Cleaning Contract - 30 Nov 17 - Nov 21 $143,828 Cleaning Pty Ltd Gordons Hill Road, Rosny Park The Contact Group Hobart, TAS Contract Services for Jul 18 – Jun 22 $90,080 Building Maintenance Mechanical North The Contact Group Hobart, TAS Contract Services for Jul 18 – Jun 22 $58,688 Building Maintenance Fire and Electrical North The Contact Group Hobart, TAS Contract Services for Jul 18 – Jun 22 $85,028 Building Maintenance Fire and Electrical South OTIS Hobart, TAS Contract Services for Jul 18 – Jun 22 $127,200 Building Maintenance Hydraulic (Lift Services) BSH Electrical Hobart, TAS RBMSP CCTV Nov 17 – Jun 18 $467,000 Installation Contractor

Department of Justice Annual Report 2017–2018 99 Name of Contractor Location of Contractor Description of Period of Contract Total Value of Contract Contract Hansen Yunken Hobart, TAS MHWP Additional Jan 18 – Sep 18 $2,388,000 Accommodation Design and Construct Contractor Synateq Pty Ltd Hobart, TAS MyBond Management Jun 18 – Jun 25 $1,326,320 Solution The Contact Group Hobart, TAS Contract Services for Jul 18 – Jun 22 $201,100 Building Maintenance Mechanical South Wilson Security Hobart, TAS Supply of Security Jul 18 – Jun 22 $5,263,094 Services xSquared Architects Hobart, TAS Architectural Services - Nov 17 – Feb 18 $84,285 60 Bed Medium Security Unit and Southern Remand Prison xSquared Architects Hobart, TAS Architectural Planning Nov 17 – Mar 18 $79,960 - SIIRP Point 2 Business Case Submission

Table 19.3: Exemptions from TI 1114 and TI 1217

Name of Contractor Description of Contract Period of Contract Total Value of Contract Axiell Births, Deaths and Oct 17 – Jun 18 $200,000 Marriages - Online Certificate and Registration Services Technology One TPC Iplan Project Dec 17 – Nov 19 $237,505 Anderson Morgan Pty Ltd Sophos Antivirus July 18 – Jun 19 $753,901 Software Support and Maintenance Synateq Pty Ltd Documentation for GLIS Oct 17 – Jun 18 $415,000 Professional Plumbing RBMSP Sewer Pipe Repair Dec 17 $69,500 Comsec TR Pty Ltd Arunta Phone Services Dec 17 – Oct 18 $507,000 BSH Electrical Electrical Upgrade RBMSP June 18 $71,020 Sub Switchboards

Table 19.4: Contract extensions approved in accordance with TI 1115

Name of Contractor Description of Contract Period of Contract Total Value of Contract Wilson Security Supply of Security Services Mar 18 – Jun 18 $250,000 SPT Security Supply of Security Services Mar 18 – Jun 18 $60,000

Note:Any contracts awarded by the WorkCover Tasmania Board are reported separately in the WorkCover Tasmania Board annual report available at https://www.workcover.tas.gov.au/.

100 Department of Justice Annual Report 2017–2018 20. Debts, Loss and Damage

Debts Written Off

This year, the Department wrote off 8,237 debts totalling $1,391,904.78.The majority of these relate to the Monetary Penalties Enforcement Service.

Loss and Damage

The Department manages a diverse number of sites and resources and this leaves the Department open to potential loss of or damage to these assets and facilities. There is also the potential for general liability claims brought against the Department resulting from its activities.

Table 20.1: Summary of claims lodged with the Tasmanian Risk Management Fund in 2017-18

Category Number of Estimated incidents value General property 0 0 General liability 4 $378,919 Motor vehicle 20 $42,961 New workers compensation 81 $3,202,057 Personal accident 0 0 Transit 0 0

Department of Justice Annual Report 2017–2018 101 21. Financial Statements

102 Department of Justice Annual Report 2017–2018 Statement of Certification

The accompanying Financial Statements of the Department of Justice are in agreement with the relevant accounts and records and have been prepared in compliance with Treasurer’s Instructions issued under the provisions of the Financial Management and Audit Act 1990 to present fairly the financial transactions for the year ended 30 June 2018 and the financial position as at the end of the year.

At the date of signing, I am not aware of any circumstances that would render the particulars included in the financial statements misleading or inaccurate.

Kathrine Morgan-Wicks Secretary Department of Justice

27 September 2018

Department of Justice Annual Report 2017–2018 103 Independent Auditor’s Report

To the Members of Parliament

Department of Justice

Report on the Audit of the Financial Statements

Opinion

I have audited the financial statements of the Department of Justice (the Department), which comprise the statement of financial position as at 30 June 2018 and statements of comprehensive income, changes in equity and cash flows for the year then ended, notes to the financial statements, including a summary of significant accounting policies, other explanatory notes and the statement of certification by the Secretary of the Department.

In my opinion, the accompanying financial statements: (a) present fairly, in all material respects, the Department’s financial position as at 30 June 2018 and its financial performance and its cash flows for the year then ended (b) are in accordance with the Financial Management and Audit Act 1990 and Australian Accounting Standards.

Basis for Opinion

I conducted the audit in accordance with Australian Auditing Standards. My responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements 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 statements in Australia. I have also fulfilled my other ethical responsibilities in accordance with the Code.

The Audit Act 2008 further promotes the independence of the Auditor-General. The Auditor- General is the auditor of all Tasmanian public sector entities and can only be removed by Parliament. The Auditor-General may conduct an audit in any way considered appropriate and is not subject to direction by any person about the way in which audit powers are to be exercised. The Auditor- General has for the purposes of conducting an audit, access to all documents and property and can report to Parliament matters which in the Auditor-General’s opinion are significant. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my opinion. …1 of 5

104 Department of Justice Annual Report 2017–2018 My audit is not designed to provide assurance on the accuracy and appropriateness of the budget information in the Department’s financial statements.

Key Audit Matters

Key audit matters are those matters that, in my professional judgement, were of most significance in my audit of the financial report of the current period. These matters were addressed in the context of my audit of the financial report as a whole, and in forming my opinion thereon, and I do not provide a separate opinion on these matters.

Why this matter is considered to be one of the Audit procedures to address the matter most significant matters in the audit included Property, plant and equipment Refer to notes 7.2 and 9.3 The Department's property, plant and • Evaluating the appropriateness of the equipment, totalling $148.88m as at 30 June valuation methodology applied to 2018, was recognised at fair value and determine fair value. comprised specialised land, buildings, prison • Evaluating management’s assessment of buildings and other structures. the useful lives. The valuation of land is determined with • Performing substantive analytical reference to observable prices in an active procedures on building depreciation market, adjusted for the impact of restrictions expenses. on use. • Testing capital work-in-progress to ensure The valuation of specialised buildings and that active projects will result in usable prison buildings and structures, is based on a assets and that assets commissioned are current replacement cost approach, which transferred in a timely manner. considers the cost to construct assets with similar utility. • Evaluating the adequacy of disclosures made in the financial report, including The calculation of depreciation requires those regarding key assumptions used. estimation of asset useful lives, which involves a high degree of subjectivity. Changes in assumptions can significantly impact depreciation charged. The Department’s expenditure on its capital program and other non-financial assets was significant, with payments of $3.32m on acquisition of non-financial assets and $1.54m remaining in capital work-in-progress at year end. Capital projects can contain a combination of enhancement and maintenance activity which are not distinct and therefore the allocation of costs between capital and operating expenditure is inherently judgemental.

…2 of 5

Department of Justice Annual Report 2017–2018 105 Asbestos Compensation Fund Refer to notes 15.11 and 15.14 The Department is responsible for the • Assessing the scope, expertise and administration of the Asbestos Compensation independence of the actuary engaged to Fund. The Fund is funded through a levy on the assist in calculation of the Provision for premiums of licensed insurers and the notional Compensation Payable. premiums of self-insurers. • Reviewing the source data and economic The calculation of the future Asbestos assumptions used by the actuary in the Compensation levies receivable of $68.43m at calculation of the Provision for 30 June 2018 was based on the fact that all Compensation Payable. expenditure incurred by the Fund over its entire • Assessing the basis of the calculation of life will be obtained from licensed insurers and the future Asbestos Compensation levies self-insurers through the levy. receivable. The Provision for Compensation Payable of • Evaluating disclosures made in the $85.78m at 30 June 2018 was measured as the financial report, including agreeing them present value of the expected future payments to details provided by the actuary. to persons who had an accepted claim for compensation or who were estimated by the • Assessing the adequacy of relevant actuaries to be entitled to compensation in the disclosures in the administered financial future. statements. These form a material component of the administered financial statements of the Department and by their nature are highly complex and subjective.

Fees and Fines, Sales of Goods and Services and Other Revenue Refer to notes 6.3, 6.4, 6.6, 15.3 and 15.4 The Department collects a substantial level of • Evaluating the design and implementation fees and fines and generates a large amount of of relevant application controls in revenue from sale of goods and services. A selected systems. significant amount of the revenue is also • Testing process controls to support the disclosed within the Administered Financial completeness, accuracy and integrity of Statements, representing funds collected by sale systems. the Monetary Penalties Enforcement Service. • Examining reconciliations of information Sales of goods and services revenue is from subsidiary systems to the general recognised when consideration is received or ledger. receivable in respect of a wide range of services • Performing substantive testing over a rendered, captured through discrete systems. sample of sales of goods and services The diversity of revenue streams and systems, transactions. together with numerous divisions operated • Performing substantive analytical from locations across the State, increase the procedures on revenue generated risk that revenue may not be correctly recorded or receipted. • Assessing the adequacy of relevant disclosures in the financial report. …3 of 5

106 Department of Justice Annual Report 2017–2018 Responsibilities of the Secretary for the Financial Statements

The Secretary is responsible for the preparation and fair presentation of the financial statements in accordance with Australian Accounting Standards, and the financial reporting requirements of Section 27 (1) of the Financial Management and Audit Act 1990. This responsibility includes such internal control as determined necessary to enable the preparation of the financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, the Secretary is responsible for assessing the Department’s ability to continue as a going concern unless the Department’s operations will cease as a result of an administrative restructure. The assessment must disclose, as applicable, matters related to going concern and the appropriateness of using the going concern basis of accounting.

Auditor’s Responsibilities for the Audit of the Financial Statements

My objectives are to obtain reasonable assurance about whether the financial statements as a whole are 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 the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of the financial statements.

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 statements, 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 the purpose of 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 Secretary. • Conclude on the appropriateness of the Secretary’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 statements or, if such disclosures are inadequate, to modify my opinion. My conclusion is based 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.

…4 of 5

Department of Justice Annual Report 2017–2018 107 • Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation.

I communicate with the Secretary 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 Secretary, 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.

Ric De Santi Deputy Auditor-General Delegate of the Auditor-General

Tasmanian Audit Office

31 August 2018 Hobart

…5 of 5

108 Department of Justice Annual Report 2017–2018 Department of Justice Annual Report 2017–2018 109 Statement of Comprehensive Income for the year ended 30 June 2018

Notes 2018 2018 2017 Budget Actual Actual $’000 $’000 $’000 Continuing operations Revenue and other income from transactions Revenue from Government Appropriation revenue – recurrent 6.1 159 208 165 646 146 568 Appropriation revenue - works and services 6.1 2 125 2 355 665 Other revenue from Government 6.1 0 824 636 Grants 6.2 8 813 10 074 9 312 Sales of goods and services 6.3 3 903 3 969 3 599 Fees and fines 6.4 9 257 12 046 10 244 Interest 6.5 816 781 749 Other revenue 6.6 7 607 7 544 8 441 Total revenue and other income from transactions 191 729 203 239 180 214

Expenses from transactions Employee benefits 7.1 119 091 122 235 111 297 Depreciation and amortisation 7.2 7 812 8 124 8 423 Supplies and consumables 7.3 41 445 41 644 34 254 Grants and subsidies 7.4 16 729 18 331 15 775 Other expenses 7.5 14 197 18 253 16 962 Total expenses from transactions 199 274 208 587 186 711

Net result from transactions (net operating balance) (7 545) (5 348) (6 497)

Other economic flows included in net result Net gain/(loss) on non-financial assets 8.1 - - (241) Net gain/(loss) on accounts receivable 8.2 - 34 (19) Total other economic flows included in net result - 34 (260)

Net result (7 545) (5 314) (6 757)

Comprehensive result (7 545) (5 314) (6 757)

This Statement of Comprehensive Income should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 4 of the accompanying notes.

110 Department of Justice Annual Report 2017–2018 Statement of Financial Position as at 30 June 2018

Notes 2018 2018 2017 Budget Actual Actual $’000 $’000 $’000 Assets Financial assets Cash and deposits 13.1 22 232 28 544 26 323 Receivables 9.1 1 278 1 112 664 Non-financial assets Inventories 9.2 394 552 448 Property, plant and equipment 9.3 148 409 148 880 153 756 Intangibles 9.4 2 363 3 830 3 817 Total assets 174 676 182 918 185 008

Liabilities Payables 10.1 2 460 3 386 2 518 Employee benefits 10.2 26 915 29 130 27 510 Other liabilities 10.4 74 1 561 824 Total liabilities 29 449 34 077 30 852

Net assets 145 227 148 841 154 155

Equity Reserves 12.1 52 564 52 564 52 564 Accumulated funds 92 663 96 277 101 591 Total equity 145 227 148 841 154 155

This Statement of Financial Position should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 4 of the accompanying notes.

Department of Justice Annual Report 2017–2018 111 Statement of Cash Flows for the year ended 30 June 2018

Notes 2018 2018 2017 Budget Actual Actual $’000 $’000 $’000 Cash flows from operating activities Inflows Inflows Inflows (Outflows) (Outflows) (Outflows) Cash inflows Appropriation receipts – recurrent 159 208 165 646 146 568 Grants 8 813 9 919 9 380 Sales of goods and services 3 878 3 975 3 558 Fees and fines 9 257 12 015 10 267 GST receipts 5 700 6 304 6 086 Interest received 816 781 749 Other cash receipts 7 607 7 566 8 507 Total cash inflows 195 279 206 206 185 115

Cash outflows Employee benefits (118 641) (120 641) (109 864) GST payments (5 700) (6 526) (5 841) Supplies and consumables (41 345) (41 061) (34 124) Grants and transfer payments (16 729) (18 315) (15 782) Other cash payments (14 197) (18 041) (16 687) Total cash outflows (196 612) (204 584) (182 298) Net cash from (used by) operating activities 13.2 (1 333) 1 622 2 817

Cash flows from investing activities Cash inflows Receipts from non-operational capital funding – 2 125 3 916 1 489 Works and services Total cash inflows 2 125 3 916 1 489

Cash outflows Payments for acquisition of non-financial assets (2 125) (3 317) (3 517) Total cash outflows (2 125) (3 317) (3 517) Net cash from (used by) investing activities - 599 (2 028)

Net increase (decrease) in cash held and cash (1 333) 2 221 789 equivalents held Cash and deposits at the beginning of the 23 565 26 323 25 534 reporting year Cash and deposits at the end of the reporting year 13.1 22 232 28 544 26 323

This Statement of Cash Flows should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 4 of the accompanying notes.

112 Department of Justice Annual Report 2017–2018 Statement of Changes in Equity for the year ended 30 June 2018

Notes Reserves Accumulated Total equity $’000 Funds $’000 $’000 Balance as at 1 July 2017 52 564 101 591 154 155

Net result - (5 314) (5 314)

Total (5 314) (5 314) Balance as at 30 June 2018 52 564 96 277 148 841

Balance as at 1 July 2016 52 564 108 610 161 174

Net result - (6 757) (6 757) Decrease in equity associated with CLAF proceeds 8.1 - (187) (187) Administrative restructure – net assets transferred 12.2 - (75) (75) Total (7 019) (7 019) Balance as at 30 June 2017 52 564 101 591 154 155

This Statement of Changes in Equity should be read in conjunction with the accompanying notes.

Department of Justice Annual Report 2017–2018 113 22. Notes to and forming part of the Financial Statements for the year ended 30 June 2018

114 Department of Justice Annual Report 2017–2018 Contents

Statement of Comprehensive Income for the year ended 30 June 2018 110 Statement of Financial Position as at 30 June 2018 111 Statement of Cash Flows for the year ended 30 June 2018 112 Statement of Changes in Equity for the year ended 30 June 2018 113 Notes to and forming part of the Financial Statements for the year ended 30 June 2018 114 Note 1: Administered Financial Statements 118 1.1 Schedule of Administered Income and Expenses 118 1.2 Schedule of Administered Assets and Liabilities 119 1.3 Schedule of Administered Cash Flows 120 1.4 Schedule of Administered Changes in Equity 121 Note 2: Departmental Output Schedules 122 2.1 Output Group Information 122 2.2 Reconciliation of Total Output Groups Comprehensive Result to Statement of Comprehensive Income 129 2.3 Reconciliation of Total Output Groups Net Assets to Statement of Financial Position 127 2.4 Administered Output Schedule 128 2.5 Reconciliation of Total Administered Output Groups Comprehensive Result to Administered Statement of Changes in Equity 132 2.6 Reconciliation of Total Administered Output Groups Net Assets to Schedule of Administered Assets and Liabilities 132 Note 3: Expenditure under Australian Government Funding Arrangements 133 Note 4: Explanations of Material Variances between Budget and Actual Outcomes 134 4.1 Statement of Comprehensive Income 134 4.2 Statement of Financial Position 135 4.3 Statement of Cash Flows 135 Note 5: Underlying Net Operating Balance 135 Note 6: Income from Transactions 136 6.1 Revenue from Government 136

Department of Justice Annual Report 2017–2018 115 6.2 Grants 137 6.3 Sales of Goods and Services 137 6.4 Fees and Fines 138 6.5 Interest 138 6.6 Other Revenue 138 Note 7: Expenses from Transactions 139 7.1 Employee Benefits 139 7.2 Depreciation and Amortisation 141 7.3 Supplies and Consumables 142 7.4 Grants and Subsidies 142 7.5 Other Expenses 143 Note 8: Other Economic Flows included in Net Result 144 8.1 Net gain/(loss) on Non-financial Assets 144 8.2 Net gain/(loss) on Accounts Receivable/Payable 144 Note 9: Assets 145 9.1 Receivables 145 9.2 Inventories 145 9.3 Property, Plant and Equipment 146 9.4 Intangibles 150 Note 10: Liabilities 151 10.1 Payables 151 10.2 Employee Benefits 151 10.3 Superannuation 152 10.4 Other Liabilities 152 Note 11: Commitments and Contingencies 153 11.1 Schedule of Commitments 153 11.2 Contingent Assets and Liabilities 154 Note 12: Reserves 155 12.1 Reserves 155 12.2 Administrative Restructuring 155 Note 13: Cash Flow Reconciliation 156 13.1 Cash and Deposits 156 13.2 Reconciliation of Net Result to Net Cash from Operating Activities 156 13.3 Reconciliation of liabilities arising from financing activities 156 13.4 Acquittal of Capital Investment and Special Capital Investment Funds 156 Note 14: Financial Instruments 158 14.1 Risk Exposures 158 14.2 Categories of Financial Assets and Liabilities 160

116 Department of Justice Annual Report 2017–2018 14.3 Reclassifications of Financial Assets 160 14.4 Comparison between Carrying Amount and Net Fair Value of Financial Assets and Liabilities 160 Note 15: Notes to Administered Statements 162 15.1 Explanations of Material Variances between Budget and Actual Outcomes 162 15.2 Administered Sales of Goods and Services 163 15.3 Administered Fees and Fines 163 15.4 Administered Other Revenue 164 15.5 Administered Employee Benefits 164 15.6 Administered Depreciation and Amortisation 164 15.7 Administered Supplies and Consumables 165 15.8 Administered Grants and Subsidies 165 15.9 Administered Other Expenses 165 15.10 Gain/(loss) on Accounts Receivable 166 15.11 Administered Receivables 166 15.12 Intangibles 167 15.13 Administered Payables 167 15.14 Administered Provisions 168 15.15 Administered Employee Benefits 170 15.16 Schedule of Administered Commitments 170 15.17 Administered Cash and Deposits 171 15.18 Reconciliation of Administered Net Result to Net Cash from Administered Operating Activities 171 15.19 Reconciliation of liabilities arising from financing activities (Administered) 171 15.20 Financial Instruments (Administered) 171 15.21 Categories of Administered Financial Assets and Liabilities 174 15.22 Comparison between Carrying Amount and Net Fair Value of Administered Financial Assets and Liabilities 175 Note 16: Transactions and Balances Relating to a Trustee or Agency Arrangement 175 Note 17: Events Occurring After Balance Date 176 Note 18: Other Significant Accounting Policies and Judgments 176 18.1 Objectives and Funding 176 18.2 Basis of Accounting 177 18.3 Reporting Entity 177 18.4 Functional and Presentation Currency 177 18.5 Changes in Accounting Policies 177 18.6 Foreign Currency 178 18.7 Comparative Figures 178 18.8 Rounding 178 18.9 Departmental Taxation 179 18.10 Goods and Services Tax 179

Department of Justice Annual Report 2017–2018 117 Note 1: Administered Financial Statements

The Department administers, but does not control, certain resources on behalf of the Government as a whole. It is accountable for the transactions involving such administered resources, but does not have the discretion to deploy resources for the achievement of the Department’s objectives.

1.1 Schedule of Administered Income and Expenses

Notes 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Administered revenue and other income from transactions Sales of goods and services 15.2 17 91 28 Fees and fines 15.3 25 271 25 470 24 907 Interest 124 152 158 Other revenue 15.4 16 110 14 229 15 134 Total administered revenue and other income 41 522 39 942 40 227 from transactions

Administered expenses from transactions Employee benefits 15.5 3 369 3 029 2 943 Depreciation and amortisation 15.6 109 117 111 Supplies and consumables 15.7 2 942 997 1 311 Grants and subsidies 15.8 253 847 764 Transfers to the Consolidated Fund 22 768 20 749 20 503 Other expenses 15.9 11 903 13 782 8 978 Total administered expenses from transactions 41 344 39 521 34 610

Administered net result from transactions 178 421 5 617 attributable to the State

Administered other economic flows in administered net result Gain/(loss) on accounts receivable 15.10 - (920) 290 (Increase)/decrease in Provision for Compensation 15.14 - 9 793 5 621 Payable Increase/(decrease) in future levies receivable 15.11 - (9 668) (10 856) Total administered other economic flows included - (795) (4 945) in net result

Administered net result 178 (374) 672

Administered comprehensive result 178 (374) 672

This Schedule of Administered Income and Expenses should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 15.1 of the accompanying notes.

118 Department of Justice Annual Report 2017–2018 1.2 Schedule of Administered Assets and Liabilities

Notes 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Administered assets Administered financial assets Cash and deposits 15.17 17 516 21 920 21 259 Receivables 15.11 130 428 119 596 129 824 Administered non-financial assets Intangibles 15.12 594 584 701 Total administered assets 148 538 142 100 151 784

Administered liabilities Payables 15.13 3 435 3 671 3 175 Employee benefits 15.15 880 874 887 Provisions 15.14 91 464 85 781 95 574 Other liabilities 2 - - Total administered liabilities 95 781 90 326 99 636

Administered net assets 52 757 51 774 52 148

Administered equity Accumulated funds 52 757 51 774 52 148 Total administered equity 52 757 51 774 52 148

This Schedule of Administered Assets and Liabilities should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 15.1 of the accompanying notes.

Department of Justice Annual Report 2017–2018 119 1.3 Schedule of Administered Cash Flows

Notes 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Administered cash flows from operating activities Administered cash inflows Sales of goods and services 17 68 44 Fees and fines 25 271 24 741 24 347 Interest received 124 152 158 Other cash receipts 16 110 14 691 14 758 Total administered cash inflows 41 522 39 652 39 307

Administered cash outflows Employee benefits (3 363) (3 041) (2 924) Supplies and consumables (2 939) (1 011) (1 297) Grants and transfer payments (253) (890) (783) Transfers to the Consolidated Fund (22 768) (20 749) (20 503) Other cash payments (11 902) (13 300) (8 538) Total administered cash outflows (41 225) (38 991) (34 045) Administered net cash from (used by) operating activities 15.18 297 661 5 262

Administered cash flows from investing activities Administered cash outflows Payments for acquisition of non-financial assets - - - Total administered cash outflows - - - Administered net cash from (used by) investing activities - - -

Net increase (decrease) in administered cash held 297 661 5 262 Administered cash and deposits at the beginning of the 17 219 21 259 15 997 reporting year Administered cash and deposits at the end of the 15.17 17 516 21 920 21 259 reporting year

This Schedule of Administered Cash Flows should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 15.1 of the accompanying notes.

120 Department of Justice Annual Report 2017–2018 1.4 Schedule of Administered Changes in Equity

Notes Accumulated Total surplus / deficit equity $’000 $’000 Balance as at 1 July 2017 52 148 52 148

Total comprehensive result (374) (374)

Total 51 774 51 774 Balance as at 30 June 2018

Balance as at 1 July 2016 51 476 51 476 Total comprehensive result 672 672

Total 672 672 Balance as at 30 June 2017 52 148 52 148

This Schedule of Administered Changes in Equity should be read in conjunction with the accompanying notes.

Department of Justice Annual Report 2017–2018 121 Note 2: Departmental Output Schedules 2.1 Output Group Information

Budget information refers to original estimates and has not been subject to audit. Output Group 1 – Administration of Justice 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Continuing operations Revenue and other income from transactions Revenue from appropriation 39 696 41 336 37 103 Revenue from Reserved By Law 15 948 16 543 11 570 Grants 8 813 9 517 9 060 Sales of goods and services 720 774 448 Fees and fines 1 670 2 645 2 210 Other revenue 3 071 2 770 3 302 Total revenue and other income from transactions 69 918 73 585 63 693

Expenses from transactions Employee benefits 37 360 34 966 30 142 Depreciation and amortisation 2 184 2 258 2 255 Supplies and consumables 11 886 13 501 10 463 Grants and subsidies 15 850 17 397 15 305 Other expenses 5 413 6 278 6 165 Total expenses from transactions 72 693 74 400 64 330 Net result from transactions (net operating balance) (2 775) (815) (637)

Other economic flows included in net result Net gain/(loss) on non-financial assets - - (241) Net gain/(loss) on accounts receivable - 15 (7) Total other economic flows included in net result - (15) (248)

Net result (2 775) (800) (885)

Comprehensive result (2 775) (800) (885)

Expense by output 1.1 Supreme Court Services 14 442 14 780 13 846 1.2 Magisterial Court Services 15 603 16 266 14 475 1.3 Births, Deaths and Marriages 1 642 1 391 1 367 1.4 Support and Compensation for Victims of Crime 8 291 8 496 6 890 1.5 Legal Aid 16 311 16 464 14 913 1.6 Protective Jurisdictions 3 534 4 085 3 695 1.7 Anti-Discrimination Commissioner 1 619 1 681 1 614 1.8 Elections and Referendums 6 412 6 995 3 570 1.9 Tasmanian Industrial Commission 1 364 1 090 1 043 1.10 Workers Rehabilitation and Compensation Tribunal 1 721 1 587 1 444 1.11 Resources Management Planning Appeals Tribunal 1 754 1 565 1 473 Total 72 693 74 400 64 330

Net Assets Total assets deployed for Administration of Justice 56 571 57 445 Total liabilities incurred for Administration of Justice (7 458) (6 764) Net assets deployed for Administration of Justice 49 113 50 681

122 Department of Justice Annual Report 2017–2018 Output Group 2 – Legal Services 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Continuing operations Revenue and other income from transactions Revenue from appropriation 7 107 7 147 6 680 Revenue from Reserved By Law 518 491 478 Grants - 4 7 Sales of goods and services 158 229 215 Other revenue - 355 82 Total revenue and other income from transactions 7 783 8 226 7 462

Expenses from transactions Employee benefits 6 672 6 188 5 070 Depreciation and amortisation - 158 85 Supplies and consumables 1 064 1 447 1 147 Grants and subsidies 51 3 2 Other expenses 54 231 175 Total expenses from transactions 7 841 8 027 6 479

Net result from transactions (net operating balance) (58) 199 983

Other economic flows included in net result Net gain/(loss) on accounts receivable - 1 - Total other economic flows included in net result - 1 -

Net result (58) 200 983

Comprehensive result (58) 200 983

Expense by output 2.1 Crown Law 6 529 6 659 5 500 2.2 Legislation Development and Review 1 312 1 368 979 Total 7 841 8 027 6 479

Net Assets Total assets deployed for Legal Services 3 963 3 655 Total liabilities incurred for Legal Services (1 519) (1 341) Net assets deployed for Legal Services 2 444 2 314

Department of Justice Annual Report 2017–2018 123 Output Group 3 – Corrections and Enforcement 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Continuing operations Revenue and other income from transactions Revenue from appropriation 78 430 83,220 74 204 Grants - 518 157 Sales of goods and services 2 745 2 580 2 551 Other revenue 825 965 1 017 Total revenue and other income from transactions 82 000 87 283 77 929

Expenses from transactions Employee benefits 56 013 62 023 56 668 Depreciation and amortisation 5 611 5 501 5 965 Supplies and consumables 21 059 19 178 16 283 Grants and subsidies 200 211 48 Other expenses 5 307 5 917 5 015 Total expenses from transactions 88 190 92 830 83 979

Net result from transactions (net operating balance) (6 190) (5 547) (6 050)

Other economic flows included in net result Net gain/(loss) on accounts receivable - 16 (7) Total other economic flows included in net result - 16 (7)

Net Result (6 190) (5 531) (6 057)

Comprehensive result (6 190) (5 531) (6 057)

Expense by output 3.1 Prison Services 71 073 76 394 68 568 3.2 Community Corrective Services 12 066 11 869 10 586 3.3 Enforcement of Monetary Penalties 5 051 4 567 4 825 Total 88 190 92 830 83 979

Net Assets Total assets deployed for Corrections and Enforcement 105 685 106 074 Total liabilities incurred for Corrections and Enforcement (17 511) (16 438) Net assets deployed for Corrections and Enforcement 88 174 89 636

124 Department of Justice Annual Report 2017–2018 Output Group 4 – Regulatory and Other Services 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Continuing operations Revenue and other income from transactions Revenue from appropriation 17 509 16 909 16 533 Other revenue from Government - - 540 Grants - 35 88 Sales of goods and services 280 386 385 Fees and fines 7 587 9 401 8 034 Interest 816 781 749 Other revenue 3 711 3 454 4 040 Total revenue and other income from transactions 29 903 30 966 30 369

Expenses from transactions Employee benefits 19 046 19 058 19 417 Depreciation and amortisation 17 207 118 Supplies and consumables 7 436 6 776 6 296 Grants and subsidies 628 720 420 Other expenses 3 423 5 826 5 607 Total expenses from transactions 30 550 32 587 31 858

Net result from transactions (net operating balance) (647) (1 621) (1 489)

Other economic flows included in net result Net gain/(loss) on accounts receivable - 2 (5) Total other economic flows included in net result - 2 (5)

Comprehensive result (647) (1 619) (1 494)

Expense by output 4.1 WorkSafe Tasmania 11 184 9 708 9 522 4.2 Tasmanian Planning Commission 4 774 3 949 4 225 4.3 Planning Policy and Reform 1 068 1 169 1 224 4.4 Consumer, Building and Occupational Services 13 524 17 761 16 887 Total 30 550 32 587 31 858

Net Assets Total assets deployed for Regulatory and Other Services 15 138 16 993 Total liabilities incurred for Regulatory and Other Services (5 933) (5 485) Net assets deployed for Regulatory and Other Services 9 205 11 508

Department of Justice Annual Report 2017–2018 125 Output Group – Infrastructure Investment 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Continuing operations Revenue and other income from transactions Appropriation revenue – works and services 2 125 2 355 665 Other revenue from Government - 824 96 Total revenue and other income from transactions 2 125 3 179 761

Expenses from transactions Supplies and consumables - 742 65 Other expenses - 1 - Total expenses from transactions - 743 65

Net result from transactions (net operating balance) 2 125 2 436 696

Comprehensive result 2 125 2 436 696

Expense by output 92.990 Mary Hutchinson Women’s Prison Infrastructure Upgrades - 95 - 92.992 Ron Barwick Minimum Security Prison CCTV Upgrades - 19 3 92.994 Office of the Public Guardian - - 7 92.995 Supreme Court Security Upgrades - - 55 92.996 RBMSP Accommodation - 629 - Total - 743 65

Net Assets Total assets deployed for Infrastructure Investment 1 561 824 Total liabilities incurred for Infrastructure Investment (1 656) (824) Net assets deployed for Infrastructure Investment (95) -

Infrastructure Investment includes the Capital Investment Program. Further details of specific projects within this Program are included in Note 13.3 Acquittal of Capital Investment and Special Capital Investment Funds.

126 Department of Justice Annual Report 2017–2018 2.2 Reconciliation of Total Output Groups Comprehensive Result to Statement of Comprehensive Income

2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Total comprehensive result of Output Groups (7 545) (5 314) (6 757)

Comprehensive result (7 545) (5 314) (6 757)

2.3 Reconciliation of Total Output Groups Net Assets to Statement of Financial Position

2018 Actual 2017 Actual $’000 $’000 Total net assets deployed for Output Groups 148 841 154 156

Net assets 148 841 154 156

Department of Justice Annual Report 2017–2018 127 2.4 Administered Output Schedule

Budget information refers to original estimates and has not been subject to audit. Output Group 1 – Administration of Justice 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Administered revenue and other income from transactions Sales of goods and services - 91 28 Fees and fines 3 746 3 522 3 132 Other revenue 30 64 129 Total administered revenue and other income from transactions 3 776 3 677 3 289

Administered expenses from transactions Transfers to the Consolidated Fund 3 776 3 598 3 212 Other expenses - 46 80 Total administered expenses from transactions 3 776 3 644 3 292

Administered net result from transactions (net operating balance) - 33 (3)

Administered other economic flows included in net result Gain/(loss) on accounts receivable - (32) (2) Total administered other economic flows included in net result - (32) (2) Administered net result - 1 (5)

Total administered comprehensive result - 1 (5)

Administered expense by output 1.1 Supreme Court Services 1 176 841 669 1.2 Magisterial Court Services 576 622 650 1.3 Births, Deaths and Marriages 1 953 1 953 1 905 1.8 Elections and Referendums 51 181 48 1.11 Resources Management Planning Appeals Tribunal 20 47 20 Total 3 776 3 644 3 292

Administered financial assets Cash and deposits 6 8 Receivables 143 127 Total administered assets 149 135 Total administered net assets 149 135

Administered Net Assets Total administered assets deployed for Administration of Justice 149 135 Administered net assets deployed for Administration of Justice 149 135

128 Department of Justice Annual Report 2017–2018 Output Group 3 – Corrections and Enforcement 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Administered revenue and other income from transactions Fees and fines 20 625 20 663 20 815 Other revenue - 6 - Total administered revenue and other income from transactions 20 625 20 669 20 815

Administered expenses from transactions Transfers to the Consolidated Fund 18 125 15 904 16 375 Other expenses 2 500 4 316 4 152 Total administered expenses from transactions 20 625 20 220 20 527

Administered net result from transactions (net operating balance) - 449 288

Administered other economic flows included in net result Gain/(loss) on accounts receivable - (887) 290 Total administered other economic flows included in net result - (887) 290 Administered net result - (438) 578

Total administered comprehensive result - (438) 578

Administered expense by output 3.3 Enforcement of Monetary Penalties 20 625 20 220 20 527 Total 20 625 20 220 20 527

Administered financial assets Cash and deposits 1 231 1 036 Receivables 51 018 51 499 Total administered assets 52 249 52 535

Administered liabilities Creditors and accruals (950) (790) Total administered net assets (950) (790)

Administered Net Assets Total administered assets deployed for Corrections and Enforcement 52 249 52 535 Total administered liabilities incurred for Corrections and Enforcement (950) (790) Administered net assets deployed for Corrections and Enforcement 51 299 51 745

Department of Justice Annual Report 2017–2018 129 Output Group 4 – Regulatory and Other Services 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Administered revenue and other income from transactions Sales of goods and services 7 - - Fees and fines 850 1 246 927 Other revenue 10 - - Total administered revenue and other income from transactions 867 1 246 927

Administered expenses from transactions Transfers to the Consolidated Fund 867 1 246 916 Other Expenses - - 11 Total administered expenses from transactions 867 1 246 927

Administered net result from transactions (net operating balance) - -

Administered other economic flows included in net result - -

Total administered comprehensive result - -

Administered expense by output 4.1 WorkSafe Tasmania 607 835 631 4.2 Tasmanian Planning Commission 20 15 16 4.4 Consumer, Building and Occupational Services 240 396 280 Total 867 1 246 927

Administered Net Assets Total administered assets deployed for Resource Planning - - Total administered liabilities incurred for Resource Planning - - Administered net assets deployed for Resource Planning - -

130 Department of Justice Annual Report 2017–2018 Output Group 91 – Administered Expenses 2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Administered revenue and other income from transactions Sales of goods and services 10 - - Fees and fines 50 39 33 Interest 124 152 158 Other revenue 16 070 14 159 15 006 Total administered revenue and other income from transactions 16 254 14 350 15 197

Administered expenses from transactions Employee benefits 3 369 3 029 2 943 Depreciation and amortisation 109 117 111 Supplies and consumables 2 942 997 1 311 Grants and subsidies 253 847 764 Other expenses 9 403 9 421 4 734 Total administered expenses from transactions 16 076 14 411 9 863

Administered net result from transactions (net operating balance) 178 (61) 5 334

Administered other economic flows included in net result Gain/(loss) on accounts receivable - (1) - (Increase)/decrease in Provision for Compensation Payable - 9 793 5 621 Increase/(decrease) in future levies receivable - (9 668) (10 856) Total administered other economic flows included in net result - 124 (5 235) Administered net result 178 63 99

Total administered comprehensive result 178 63 99

Administered expense by output 91.753 Bail Monies Magistrates Court - 178 130 91.754 WorkCover Tasmania Board 9 288 7 478 7 799 91.755 Asbestos Compensation Fund 6 788 6 755 1 934 Total 16 076 14 411 9 863

Administered financial assets Cash and deposits 20 683 20 215 Receivables 68 435 78 198 Administered non-financial assets Intangibles 584 701 Total administered assets 89 702 99 114

Administered liabilities Creditors and accruals (2 721) (2 385) Employee Benefits (874) (887) Provisions (85 781) (95 574) Total administered liabilities (89 376) (98 846) Total administered net assets 326 268

Administered Net Assets Total administered assets deployed for Administered Payments 89 702 99 114 Total administered liabilities incurred for Administered Payments (89 376) (98 846) Administered net assets deployed for Administered Payments 326 268

Department of Justice Annual Report 2017–2018 131 2.5 Reconciliation of Total Administered Output Groups Comprehensive Result to Administered Statement of Changes in Equity

2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Total administered net result of Output Groups 178 (374) 672

Net surplus (deficit) 178 (374) 672

2.6 Reconciliation of Total Administered Output Groups Net Assets to Schedule of Administered Assets and Liabilities

2018 Actual 2017 Actual $’000 $’000 Total administered net assets deployed for Output Groups 51 774 52 148

Administered net assets 51 774 52 148

132 Department of Justice Annual Report 2017–2018 Note 3. Expenditure under Australian Government Funding Arrangements

State Funding Australian Government Funding 2018 Actual 2017 Actual 2018 Actual 2017 Actual $’000 $’000 $’000 $’000

National Partnership Payments Via appropriation Legal Aid Commission 7 455 6 177 - - Direct funding Legal Aid Commission - - 6 458 6 330 Community Legal Centres - - 1 538 1 659 National Outcome Standards for Perpetrator - - 170 - Interventions Family Advocacy Support Service - - 605 -

National Healthcare Funding Via appropriation Court Mandated Diversion Program - - 1 907 1 618

Total 7 455 6 177 10 678 9 607

Revenue from National Partnership Payments and National Healthcare Funding is received by the Department via its annual appropriation. Expenditure to the Legal Aid Commission and Community Legal Centres is made via grants. Refer Note 7.4.

Department of Justice Annual Report 2017–2018 133 Note 4. Explanations of Material Variances between Budget and Actual Outcomes

Budget information refers to original estimates as disclosed in the 2017 18 Budget Papers and is not subject to audit. The following are brief explanations of material variances between Budget estimates and actual outcomes.Variances are considered material where the variance exceeds 10 per cent of Budget estimate and $1 million.

4.1 Statement of Comprehensive Income

Note Budget Actual Variance Variance $’000 $’000 $’000 % Grants (a) 8 813 10 074 1 261 14 Grants and subsidies (b) 16 729 18 331 1 602 10 Other expenses (c) 14 197 18 253 4 056 29

Notes to Statement of Comprehensive Income variances

(a) This increase is due to the provision of additional grants for Family Advocacy, National Outcome Standards for Perpetrator Interventions, Justice Connect and for various Structured Infrastructure Investment Review Processes not budgeted for. Refer Note 6.2 for further details. (b) This increase is due to the payment of additional grants for Family Advocacy, Local Provision Schedules and additional grants under the Safe Homes, Safe Families Action Plan not budgeted for. Refer Note 7.4 for further details. (c) This increase is primarily due to increases in costs awarded to victims of crime and salary on costs. Refer Note 7.5 for details.

4.2 Statement of Financial Position

Budget estimates for the 2017 18 Statement of Financial Position were compiled prior to the completion of the actual outcomes for 2016-17.As a result, the actual variance from the Original Budget estimate will be impacted by the difference between estimated and actual opening balances for 2017-18.The following variance analysis therefore includes major movements between the 30 June 2017 and 30 June 2018 actual balances.

Note Budget 2018 2017 Budget Actual $’000 Actual Actual Variance Variance $’000 $’000 $’000 $’000 Cash and deposits (a) 22 232 28 544 26 323 6 312 2 221 Property, plant and equipment (b) 148 409 148 878 153 756 469 (4 878) Intangibles (c) 2 363 3 830 3 817 1 467 13 Other liabilities (d) 74 1561 824 1 487 737

Notes to Statement of Financial Position variances

(a) This increase is primarily due to the actual cash balance as at 30 June 2017 being higher than estimated in the 2017-18 Budget, in addition to an increase in funding carried forward under section 8A of the Public Account Act. Refer Note 10.4 for further details. (b) The decrease between the 30 June 2018 and 2017 balances reflects the depreciation of these assets exceeding the purchase of additional assets or upgrade of existing assets. (c) This increase is due to the continuing development of a number of IT systems throughout various divisions of the Department, aimed at improving service delivery and creating administrative efficiencies not included in the 2017-18 Budget. (d) The increase is due to an increase in funding carried forward under section 8A of the Public Account Act. Refer Notes 10.4 and 13.4 for further details.

134 Department of Justice Annual Report 2017–2018 4.3 Statement of Cash Flows

Note Budget Actual Variance Variance $’000 $’000 $’000 % Grants (a) 8 813 9 919 1 106 13 Fees and fines (b) 9 257 12 015 2 758 30 Other cash payments (c) 14 197 18 041 3 844 27 Payments for acquisition of non- (d) 2 125 3 916 1 791 84 financial assets

Notes to Statement of Cash Flows variances

(a) This increase is due to the provision of additional grants for Family Advocacy, National Outcome Standards for Perpetrator Interventions, Justice Connect and for various Structured Infrastructure Investment Review Processes not budgeted for. Refer Note 6.2 for further details. (b) This increase is primarily due to an increase in fees received for the provision of building permit levies and building and occupational licences. Refer Note 6.4 for further details. (c) This increase is primarily due to increases in costs awarded to victims of crime and salary oncosts. Refer Note 7.5 for details. (d) This increase is primarily due to the development of a number of IT systems throughout various divisions of the Department, in addition to a capital works on projects carried forwards from prior years not included in the 2017-18 Budget.

Note 5. Underlying Net Operating Balance

Non-operational capital funding is the income from transactions relating to funding for capital projects.This funding is classified as income from transactions and included in the net operating balance. However, the corresponding capital expenditure is not included in the calculation of the net operating balance.Accordingly, the net operating balance will portray a position that is better than the true underlying financial result. For this reason, the net operating result is adjusted to remove the effects of funding for capital projects.

Notes 2018 2018 2017 Budget Actual Actual $’000 $’000 $’000

Net result from transactions (net operating balance) (7 545) (5 314) (6 497)

Less impact of Non-operational capital funding

Revenue from Government – works and services 6.1 2 125 2 355 665 Other revenue from Government 6.1 - 824 - Total 2 125 3 179 665

Underlying Net operating balance (9 670) (8 493) (7 162)

Department of Justice Annual Report 2017–2018 135 Note 6. Income from Transactions

Income is recognised in the Statement of Comprehensive Income when an increase in future economic benefits related to an increase in an asset or a decrease of a liability has arisen that can be measured reliably.

6.1 Revenue from Government

Appropriations, whether recurrent or capital, are recognised as revenues in the period in which the Department gains control of the appropriated funds. Except for any amounts identified as carried forward, control arises in the period of appropriation. Revenue from Government includes revenue from appropriations, appropriations carried forward under section 8A(2) of the Public Account Act 1986 and Items Reserved by Law. Section 8A(2) of the Public Account Act allows for an unexpended balance of an appropriation to be transferred to an Account in the Special Deposits and Trust Fund for such purposes and conditions as approved by the Treasurer. In the initial year, the carry forward is recognised as a liability, Revenue Received in Advance (refer Note 10.4).The carry forward from the initial year is recognised as revenue in the reporting year, assuming that the conditions of the carry forward are met and the funds are expended. The Budget information is based on original estimates and has not been subject to audit.

2018 2018 2017 Budget Actual Actual $’000 $’000 $’000 Continuing operations Appropriation revenue - recurrent Current year 142 742 148 612 134 520 R008 Salary, Solicitor-General 518 491 478 R010 Salaries of Magistrates 4 943 4 965 4 655 R011 Salaries of Judges 3 567 3 580 3 106 R012 Salary and Travelling Allowance of Associate Judge of the 440 417 406 Supreme Court R051 Expenses of Parliamentary Elections and Referendums 5 428 5 433 2 068 R072 Criminal Injuries Compensation Fund 1 500 1 970 1 190 R075 Expenses under the Legislative Council Electoral Boundaries 65 156 140 Act R077 Expenses of the Aboriginal Land Council of Tasmania 5 22 5 Total 159 208 165 646 146 568

Revenue from Government - other Appropriation carried forward under section 8A(2) of the Public - 824 636 Account Act 1986 taken up as revenue in the current year Total - 824 636

Non-operational capital funding Appropriation revenue – works and services 2 125 2 355 665 Total 2 125 2 355 665

Total revenue from Government 161 333 168 825 147 869

136 Department of Justice Annual Report 2017–2018 6.2 Grants

Grants payable by the Australian Government are recognised as revenue when the Department gains control of the underlying assets.Where grants are reciprocal, revenue is recognised as performance occurs under the grant. Non-reciprocal grants are recognised as revenue when the grant is received or receivable. Conditional grants may be reciprocal or non-reciprocal depending on the terms of the grant.

2018 2017 $’000 $’000 Continuing operations Grants from the Australian Government 8 166 7 989 Grants from State Government 1 908 942 Grants from non-government sources - 381 Total 10 074 9 312

Total revenue from Grants 10 074 9 312

The grants received from the Australian Government include grants for the Legal Aid Commission ($7.391 million) Family Advocacy ($605,000) and National Outcome Standards for Perpetrator Interventions ($170,000). Grants received from the State Government include grants for the Safe Homes Safe Families Action Plan ($1,353,000), Justice Connect ($150,000) and for various Structured Infrastructure Investment Review Processes ($396,000).

6.3 Sales of Goods and Services

Amounts earned in exchange for the provision of goods are recognised when the significant risks and rewards of ownership have been transferred to the buyer. Revenue from the provision of services is recognised in proportion to the stage of completion of the transaction at the reporting date.The stage of completion is assessed by reference to surveys of work performed.

2018 2017 $’000 $’000 Crown Law – commercial and civil legal charges 206 200 Births, Deaths and Marriages – provision of statistical data 9 53 Tasmania Prison Service – Industry Sales 2 236 2 205 Magistrates and Supreme Court charges 458 87 Service level agreement revenue 1 032 912 Other sales of goods and services 28 142 Total 3 969 3 599

Department of Justice Annual Report 2017–2018 137 6.4 Fees and Fines

Revenue from fees and fines is recognised when an obligation to pay arises, pursuant to the issue of an assessment. Interest is charged on outstanding amounts and is brought to account, where possible, on an accrual basis, or otherwise as it is received. Receivables are assessed at balance date for impairment.

2018 2017 $’000 $’000 Building permit levy 1 625 1 024 Security agents fees 217 248 Probate fees 1 797 1 433 Civil registry fees 346 301 Mediation fees - 8 Building practitioners accreditation 858 1 223 Workplace standards 27 28 Electrical Safety Inspections Fees 3 943 3 878 Building and Occupational Licences 2 636 1 534 Other fees 597 567 Total 12 046 10 244

6.5 Interest

Interest on funds invested is recognised as it accrues using the effective interest rate method.

6.6 Other Revenue

Revenue from other sources is recognised when the Department gains control of the funds and it is probable that the inflow of funds has occurred and can be reliably measured.

2018 2017 $’000 $’000 Property rental 40 41 Cash received on behalf of third parties 64 696 Magistrates and Supreme Court fees 499 337 Electoral Office 542 284 Tasmania Prison Service 739 708 Consumer Affairs 534 462 Workers Rehabilitation Tribunal 1 333 1 339 WorkSafe Tasmania 151 145 Working With Vulnerable People 2 710 3 275 Guardianship and Administration Board 249 214 Other revenue 682 940 Total 7 544 8 441

138 Department of Justice Annual Report 2017–2018 Note 7. Expenses from Transactions

Expenses are recognised in the Statement of Comprehensive Income when a decrease in future economic benefits related to a decrease in asset or an increase of a liability has arisen that can be measured reliably.

7.1 Employee Benefits

Employee benefits include, where applicable, entitlements to wages and salaries, annual leave, sick leave, long service leave, superannuation and any other post-employment benefits.

(a) Employee expenses

2018 2017 $’000 $’000 Wages and salaries 105 682 96 486 Superannuation – defined contribution scheme 11 127 9 884 Superannuation – defined benefit scheme 2 226 2 238 Other employee expenses 3 200 2 689 Total 122 235 111 297

Superannuation expenses relating to defined benefits schemes relate to payments into the Consolidated Fund.The amount of the payment is based on an employer contribution rate determined by the Treasurer, on the advice of the State Actuary.The current employer contribution is 12.95 per cent (2017: 12.85 per cent) of salary. Superannuation expenses relating to defined contribution schemes are paid directly to the relevant superannuation fund at a rate of 9.5 per cent (2017: 9.5 per cent) of salary. In addition, departments are also required to pay to Treasury a “gap” payment equivalent to 3.45 per cent (2017: 3.35 per cent) of salary in respect of employees who are members of the contribution schemes.

(b) Remuneration of Key management personnel

Short-term benefits Long-term benefits 2018 Salary Other Super- Leave Termination Total $’000 Benefits annuation Benefits Benefits $’000 $’000 $’000 $’000 $’000 Key management personnel Kathrine Morgan-Wicks, Secretary (Acting Secretary 257 13 24 42 - 336 from 19-8-17 and appointed as Secretary on 28-3-18) Simon Overland, Secretary (to 18-8-17) 58 - 6 (59) 22 27 Nick Evans, Deputy Secretary Corrections 232 18 26 7 - 283 Kristy Bourne, Deputy Secretary Administration of 134 1 11 9 - 155 Justice (from 6-11-17) Acting Key management personnel Kerrie Crowder, Deputy Secretary Administration of 64 7 8 6 - 85 Justice (to 5-11-17)

Total 745 39 75 4 22 885

Department of Justice Annual Report 2017–2018 139 Short-term benefits Long-term benefits 2017 Salary Other Super- Leave Termination Total $’000 Benefits annuation Benefits Benefits $’000 $’000 $’000 $’000 $’000 Key management personnel Simon Overland, Secretary 302 18 29 (7) - 342 Ginna Webster, Deputy Secretary Administration of 141 18 13 (10) - 162 Justice (to 23-3-2017 including Acting Secretary from 6-10-16 to 1-11-16) Nick Evans, Deputy Secretary Corrections 194 18 25 (23) - 214

Acting Key management personnel Graham Hill, Deputy Secretary Administration of 22 - 2 3 - 27 Justice (from 18-7-16 to 31-7-16 and 22-8-16 to 5 9 16 Dale Webster, Deputy Secretary Corrections (from 25 2 3 2 - 32 12-9-16 to 1-11-16) Catherine Vickers, Deputy Secretary Administration of Justice (from 6-10-16 to 25-11-16) 25 3 3 2 - 33 Kerrie Crowder, Deputy Secretary Administration of 50 5 6 4 - 65 Justice (from 21-3-17)

Total 759 64 81 (28) - 876

Key management personnel are those persons having authority and responsibility for planning, directing and controlling the activities of the agency, directly or indirectly. Remuneration during 2017-18 for key personnel is set by the State Service Act 2000. Remuneration and other terms of employment are specified in employment contracts. Remuneration includes salary, motor vehicle and other non-monetary benefits. Long term employee expenses include annual and long service leave, superannuation obligations and termination payments. Short-term benefits include motor vehicle and car parking fringe benefits in addition to any other short term benefits. Fringe benefits have been reported at the grossed up reportable fringe benefits amount. The Fringe Benefits Tax (FBT) year runs from 1 April to 31 March each year, any FBT attributable to key management personnel is reported on that basis. It should be noted that because annual and long service leave liabilities are calculated by discounting future cashflows (detailed in Note 10.2) which may change from year to year, it is possible for key personnel to accrue negative leave benefits in any particular financial year, or they may utilise more leave than they accrue in any particular financial year. Acting Arrangements When members of key management personnel are unable to fulfil their duties, consideration is given to appointing other members of senior staff to their position during their period of absence. Individuals are considered members of key management personnel when acting arrangements are for more than a period of one month.

(c) Related Party Transactions

There are no material related party transactions requiring disclosure.

140 Department of Justice Annual Report 2017–2018 7.2 Depreciation and Amortisation

All applicable Non-financial assets having a limited useful life are systematically depreciated over their useful lives in a manner which reflects the consumption of their service potential. Land, being an asset with an unlimited useful life, is not depreciated. Depreciation is provided for on a straight line basis, using rates which are reviewed annually. Major depreciation rates are as follows:

Plant, equipment and vehicles 2-33 per cent Buildings and Structures 1-10 per cent Prison Buildings and Structures 1-10 per cent Library 2-20 per cent Building Improvements 4-10 per cent

All intangible assets having a limited useful life are systematically amortised over their useful lives reflecting the pattern in which the asset’s future economic benefits are expected to be consumed by the Department.

Major amortisation rates are: Software 5 - 10 per cent

(a) Depreciation

2018 2017 $’000 $’000 Plant, equipment and vehicles 636 650 Buildings 1 799 1 764 Prison buildings and structures 4 385 4 364 Building improvements 508 461 Library 72 77 Total 7 400 7 316

(b) Amortisation 2018 2017 $’000 $’000 Intangibles 724 1 107 Total 724 1 107

Total depreciation and amortisation 8 124 8 423

Department of Justice Annual Report 2017–2018 141 7.3 Supplies and Consumables

2018 2017 $’000 $’000 Audit fees – financial audit 98 91 Audit fees – internal audit 61 119 Operating lease costs 6 083 5 857 Information technology 5 313 3 851 Consultants 980 890 Personnel expenses 548 495 Juror, witness and Court expenses 1 392 1 207 Electoral expenses 1 851 784 Plant and equipment 1 157 847 Travel and transport 1 795 1 496 Property expenses 7 967 6 594 Maintenance 3 346 2 049 Prison expenses 5 562 5 242 Advertising and promotion 341 421 Office requisites 395 437 Printing 372 346 Library 855 886 Communications 2 470 2 037 Building and construction consultants 465 109 Other supplies and consumables 593 496 Total 41 644 34 254

Audit fees payable for the 2017-18 financial statements were $98,270 ($89,040 for 2016-17).

7.4 Grants and Subsidies

Grant and subsidies expenditure is recognised to the extent that: • the services required to be performed by the grantee have been performed; or • the grant eligibility criteria have been satisfied. A liability is recorded when the Department has a binding agreement to make the grants but services have not been performed or criteria satisfied.Where grant monies are paid in advance of performance or eligibility, a prepayment is recognised.

2018 2017 $’000 $’000 Legal Aid Commission of Tasmania 13 913 12 507 Community Legal Centres 2 446 2 259 Safe Homes, Safe Families Action Plan 997 - Local Provision Schedules 271 - Other grants and subsidies 704 1 009 Total 18 331 15 775

The grants provided to the Legal Aid Commission of Tasmania assist in the running of the services provided to persons who would be considered disadvantaged if they were not granted legal representation. Grant funding of $2.446 million was provided to the State’s Community Legal Centres to maintain current service levels. Other grants and subsidies include grants for Safe at Home funding ($252,000), Family Violence Action Plan ($745,000), Local Provision Schedules ($271,000) in addition to various minor grants made by the Department.

142 Department of Justice Annual Report 2017–2018 7.5 Other Expenses

Expenses from operating activities are recognised when it is probable that the consumption or loss of future economic benefits resulting in a reduction in assets or an increase in liabilities has occurred and can be reliably measured.

2018 2017 $’000 $’000 Legal costs 81 257 Costs awarded 4 061 3 121 Bank fees 162 129 Service Tasmania fees 348 383 Salary on costs 5 747 4 652 TPC Panel sitting fees 137 66 Disbursements on behalf of third parties 75 843 Electrical safety inspection fees 3 364 3 198 Professional Services 430 439 Security checks 598 870 Contributions to other organisations 497 336 Other expenditure 2 753 2 669 Total 18 253 16 962

Department of Justice Annual Report 2017–2018 143 Note 8. Other Economic Flows included in Net Result

Other economic flows measure the change in volume or value of assets or liabilities that do not result from transactions.

8.1 Net gain/(loss) on Non-financial Assets

Gains or losses from the sale of Non-financial assets are recognised when control of the assets has passed to the buyer. Key Judgement All non financial assets are assessed to determine whether any impairment exists. Impairment exists when the recoverable amount of an asset is less than its carrying amount. Recoverable amount is the higher of fair value less costs to sell and value in use. The Department’s assets are not used for the purpose of generating cash flows; therefore value in use is based on depreciated replacement cost where the asset would be replaced if deprived of it. All impairment losses are recognised in Statement of Comprehensive Income and Statement of Administered Income and Expenses. In respect of other assets, impairment losses recognised in prior periods are assessed at each reporting date for any indications that the loss has decreased or no longer exists.An impairment loss is reversed if there has been a change in the estimates used to determine the recoverable amount.An impairment loss is reversed only to the extent that the asset’s carrying amount does not exceed the carrying amount that would have been determined, net of depreciation or amortisation, if no impairment loss had been recognised.

2018 2017 $’000 $’000 Write-off of Intangible asset - (178) Written down value of non-financial assets disposed - (250) Proceeds from the sale of non-financial assets Campbell Town Court House - 187 Total net gain/(loss) on non-financial assets - (241)

8.2 Net gain/(loss) on Accounts Receivable/Payable

Financial assets are assessed at each reporting date to determine whether there is any objective evidence that there are any financial assets that are impaired. A financial asset is considered to be impaired if objective evidence indicates that one or more events have had a negative effect on the estimated future cash flows of that asset. Key Judgement An impairment loss, in respect of a financial asset measured at amortised cost, is calculated as the difference between its carrying amount, and the present value of the estimated future cash flows discounted at the original effective interest rate when it can be reliably measured. All impairment losses are recognised in the Statement of Comprehensive Income and Schedule of Administered Income and Expenses. An impairment loss is reversed if the reversal can be related objectively to an event occurring after the impairment loss was recognised. For financial assets measured at amortised cost, the reversal is recognised in profit or loss. For Administered Fines collection receivables, the Department maintains a provision for impairment and a provision for expected remissions. Impaired Administered Fines collection receivables are calculated as described above. As these fines are from time to time remitted by the issuing authority on appeal, the Department has also calculated a provision for expected remissions. Changes in the provision for expected remissions are recognised in the Schedule of Administered Income and Expenses.

2018 2017 $’000 $’000 Impairment of accounts receivable 34 (19) Total net gain/(loss) on financial instruments 34 (19)

144 Department of Justice Annual Report 2017–2018 Note 9. Assets

Assets are recognised in the Statement of Financial Position when it is probable that the future economic benefits will flow to the Department and the asset has a cost or value that can be measured reliably.

9.1 Receivables

Receivables are recognised at amortised cost, less any impairment losses, however, due to the short settlement period, receivables are not discounted back to their present value.

2018 2017 $’000 $’000 Receivables 1 146 731 Less: Provision for impairment (34) (67) Total 1 112 664

Sales of goods and services (inclusive of GST) 434 285 Tax assets 678 446 Total 1 112 664

Settled within 12 months 1 112 664 Total 1 112 664

Reconciliation of movement in provision for impairment of receivables

Carrying amount at 1 July 67 50

Increase/(decrease) in provision recognised in profit or loss (33) 19 Bad debts written off - (2) Carrying amount at 30 June 34 67

For ageing analysis of the financial assets past due but not impaired, refer to Note 14.1.

9.2 Inventories

Inventories held for distribution are valued at cost adjusted, when applicable, for any loss of service potential. Inventories acquired for no cost or nominal consideration are valued at current replacement cost. Inventories are measured using standard cost principles with each item being given a unit value based on average recent costs. 2018 2017 $’000 $’000 Stock on hand 552 448 Total 552 448

Settled within 12 months 552 448 Total 552 448

Department of Justice Annual Report 2017–2018 145 9.3 Property, Plant and Equipment

Key estimate and judgement (i) Valuation basis Land, buildings and other long lived assets are recorded at fair value less accumulated depreciation.All other Non-current physical assets, including work in progress, are recorded at historic cost less accumulated depreciation and accumulated impairment losses. All assets within a class of assets are measured on the same basis. The Department’s land, buildings, prison buildings and library and heritage assets were revalued as at 31 December 2015 by independent valuers.The revaluation was undertaken in accordance with relevant Valuation and Accounting Standards and is based on fair value. Where possible, assets have been valued on the basis of market value with reference to observable prices in an active market, using traditional methods such as sales comparison. However, due to the nature of some of the Department’s assets, including prisons and court buildings, they are unlikely to transact in the market for their existing use. Accordingly these assets have been valued on a current replacement cost basis.These valuations take into account market prices for construction costs, the economic life of the buildings, the condition of the buildings and any design aspects which would alter their value. Library assets are valued using the depreciated replacement cost method. Replacement costs are derived from observable prices in an active market. In addition, the Department has a number of library assets which are considered to have an intrinsic value. These assets have been valued from observable prices in the antiquarian books and fine arts market, are classified as Heritage assets and are not depreciated. Cost includes expenditure that is directly attributable to the acquisition of the asset.The costs of self constructed assets includes the cost of materials and direct labour, any other costs directly attributable to bringing the asset to a working condition for its intended use, and the costs of dismantling and removing the items and restoring the site on which they are located. Purchased software that is integral to the functionality of the related equipment is capitalised as part of that equipment. When parts of an item of property, plant and equipment have different useful lives, they are accounted for as separate items (major components) of property, plant and equipment. Fair value is based on the highest and best use of the asset. Unless there is an explicit Government policy to the contrary, the highest and best use of an asset is the current purpose for which the asset is being used or build occupied. (ii) Subsequent costs The cost of replacing part of an item of property, plant and equipment is recognised in the carrying amount of the item if it is probable that the future economic benefits embodied within the part will flow to the Department and its costs can be measured reliably.The carrying amount of the replaced part is derecognised.The costs of day to day servicing of property, plant and equipment are recognised in profit or loss as incurred. (iii) Asset recognition threshold The asset capitalisation thresholds adopted by the Department is $10,000 for equipment and $50,000 for buildings and leasehold improvement and $100,000 for intangibles.Assets valued at less than these thresholds are charged to the Statement of Comprehensive Income in the year of purchase (other than where they form part of a group of similar items which are material in total). (iv) Revaluations Assets are grouped on the basis of having a similar nature or function in the operations of the Department. The Department revalues all assets within each appropriate asset class with sufficient regularity to ensure they reflect fair value at balance date.

146 Department of Justice Annual Report 2017–2018 (a) Carrying amount

2018 2017 $’000 $’000 Land At fair value (Land revalued on 31 December 2015) 14 600 14 600 Total 14 600 14 600

Buildings At fair value (Buildings revalued on 31 December 2015) 92 100 92 085 Less: Accumulated depreciation (51 959) (50 160) Total 40 141 41 925

Prison buildings and structures At fair value (Prison buildings and structures revalued on 31 December 2015) 161 927 161 256 Less: Accumulated depreciation (77 889) (73 503) 84 038 87 753 Work in progress (at cost) 1 450 65 Total 85 488 87 818

Building improvements At cost 5 393 5 354 Less: Accumulated amortisation (2 149) (1 641) 3 266 3 713 Work in progress (at cost) 22 14 Total 3 266 3 727

Library and Heritage Assets Heritage assets at fair value (Heritage assets revalued on 31 December 2015) 2 074 2 074 Depreciable assets at fair value (Library assets revalued on 31 December 2015) 3 082 3 082 Less: Accumulated amortisation (1 904) (1 832) Total 3 252 3 324

Plant, equipment and vehicles At cost 6 802 6 512 Less: Accumulated depreciation (4 739) (4 201) 2 063 2 311 Work in progress 69 51 Total 2 132 2 362

Total property, plant and equipment 148 880 153 756

Revaluations are shown on a gross basis where a replacement cost basis of valuations has been used.Asset revaluations based on a market basis have been disclosed on a net basis.

Department of Justice Annual Report 2017–2018 147 (b) Reconciliation of movements

Reconciliations of the carrying amounts of each class of Property, plant and equipment at the beginning and end of the current and previous financial year are set out below. Carrying value means the net amount after deducting accumulated depreciation and any accumulated impairment losses.

2018 Land Buildings Prison Building Library and Plant Total Level 3 Level 3 buildings improve- Heritage equipment $’000 (Land with no (specific and ments assets and active markets purpose / use and/or buildings) structures $’000 Level 3 vehicles significant $’000 Level 3 $’000 $’000 restrictions) (specific purpose $’000 / use buildings) $’000

Carrying value at 1 July 14 600 41 925 87 818 3 727 3 324 2 362 153 756

Additions - 15 670 40 - 388 442 Disposals - - - - - Revaluation increments ------(decrements) Gain/(loss) on revaluations ------Net movement in Work in - - 1 385 8 - 18 2 082 progress Depreciation and amortisation - (1 799) (4 385) (508) (72) (636) (7 400)

Carrying value at 30 June 14 600 40 141 85 488 3 267 3 252 2 132 148 880

2017 Land Buildings Prison Building Library and Plant Total Level 3 Level 3 buildings improve- Heritage equipment $’000 (Land with no (specific and ments assets and active markets purpose / use and/or buildings) structures $’000 Level 3 vehicles significant $’000 Level 3 $’000 $’000 restrictions) (specific purpose $’000 / use buildings) $’000

Carrying value at 1 July 14 600 42 932 92 010 3 468 3 401 2 613 159 024

Additions - 757 2 031 706 - 348 3 842 Disposals ------Revaluation increments ------(decrements) Gain/(loss) on revaluations ------Net movement in Work in - - (1 859) 14 - 51 (1 749) progress Depreciation and amortisation - (1 764) (4 364) (461) (77) (650) (7 316)

Carrying value at 30 June 14 600 41 925 87 818 3 727 3 324 2 362 153 756

All Departmental Land, Buildings and Prison buildings and structures are prison and court related and as such are classified as specialist assets with no active markets against which to be valued. As a result, all Land, Buildings and Prison buildings and structures assets are valued as Level 3 inputs.

148 Department of Justice Annual Report 2017–2018 (c) Level 3 significant valuation inputs and relationship to fair value

Description Fair value at 30 June Significant unobservable Possible alternative Sensitivity of fair value to $’000 inputs used in valuation values for level 3 inputs changes in level 3 inputs

Land – with no active 14 600 A – economic Note 1 Economic conditions have markets and/or significant conditions, improved over the last 12 restrictions) months with demand for B – availability of and land increasing. Interest demand for similar rates remain at historical assets for sale lows and are expected to continue at those levels. However, due to the recent land and buildings valuation in 2015-16 it is unlikely that significant variations in values will arise in the short term.

Buildings – specific 40 141 A – Construction costs Note 1 Tasmanian construction purpose / use buildings indexes have increased B – Design life over the last 12 months. C – Age and condition Design and useful lives of asset are reviewed regularly but generally remain D – Remaining useful life unchanged. Additionally, these assets were recently revalued in 2015-16, as a result, it is unlikely that significant variations in values will arise in the short term. Prison buildings and 85 488 A – Construction costs Note 1 Tasmanian construction structures - specific indexes have increased B – Design life purpose / use buildings over the last 12 months. C – Age and condition Design and useful lives of asset are reviewed regularly but generally remain D – Remaining useful life unchanged. Additionally, these assets were recently revalued in 2015-16, as a result, it is unlikely that significant variations in values will arise in the short term. Library and Heritage 3 252 A – Rarity of asset Note 2 Not applicable. assets B – Age of asset C – Condition of asset

Note 1:When valuing these assets, their existing use and possible alternative uses are taken into account by valuers. As a result, it is most unlikely that alternative values will arise unless there are more changes in known inputs. Note 2: In valuing library and heritage assets, observable prices in an active market are considered by the valuer to estimate their fair values. It is unlikely that alternative values, applying other inputs where available, would result in a materially different value.

Department of Justice Annual Report 2017–2018 149 9.4 Intangibles

An intangible asset is recognised where: • it is probable that an expected future benefit attributable to the asset will flow to the Department; and • the cost of the asset can be reliably measured. Intangible assets held by the Department are valued at fair value less any subsequent accumulated amortisation and any subsequent accumulated impairment losses where an active market exists.Where no active market exists, intangibles are valued at cost less any accumulated amortisation and any accumulated impairment losses.

(a) Carrying amount

2018 2017 $’000 $’000 Intangibles with a finite useful life Software at cost 9 385 8 476 Less: Accumulated amortisation (6 251) (5 526) 3 134 2 950 Work in progress (at cost) 696 867 Total 3 830 3 817

(b) Reconciliation of movements

2018 2017 $’000 $’000 Carrying amount at 1 July 3 817 3 785

Additions 908 2 367 Write-offs - (178) Net movement in Work in progress (171) (923) Transfer to DPIPWE - (127) Amortisation expense (724) (1 107)

Carrying amount at 30 June 3 830 3 817

During 2016-17, the Department transferred work in progress towards the development of the Poppy Licensing Software System to the Department of Primary Industries, Parks,Water and Environment (DPIPWE) as part of the transfer of the Poppy Advisory and Control Board (PACB) to DPIPWE. See Note 12.2 for further details.

150 Department of Justice Annual Report 2017–2018 Note 10. Liabilities

Liabilities are recognised in the Statement of Financial Position when it is probable that an outflow of resources embodying economic benefits will result from the settlement of a present obligation and the amount at which the settlement will take place can be measured reliably.

10.1 Payables

Payables, including goods received and services incurred but not yet invoiced, are recognised at amortised cost, which due to the short settlement period, equates to face value, when the Department becomes obliged to make future payments as a result of a purchase of assets or services.

2018 2017 $’000 $’000 Trade Payables 1 023 539 Accrued expenses 2 363 1 979 Total 3 386 2 518

Settled within 12 months 3 386 2 518 Total 3 386 2 518

Settlement is usually made within 30 days.

10.2 Employee Benefits

Key estimate and judgement Liabilities for wages and salaries and annual leave are recognised when an employee becomes entitled to receive a benefit.Those liabilities expected to be realised within 12 months are measured as the amount expected to be paid. Employee benefits are measured as the present value of the benefit at 30 June, where the impact of discounting is material, and at the amount expected to be paid if discounting is not material. The Department assumes that all staff annual leave balances less than 20 days will be settled within 12 months, and therefore valued at nominal value, and balances in excess of 20 days will be settled in greater than 12 months and therefore calculated at present value. A liability for long service leave is recognised, and is measured as the present value of expected future payments to be made in respect of services provided by employees up to the reporting date. The Department makes a number of assumptions regarding the probability that staff who have accrued long service leave, but are ineligible to take it will remain with the Department long enough to take it. For those staff eligible to take their long service leave, the Department assumes that they will utilise it on average, evenly over the following ten years. All long service leave that will be settled within 12 months is calculated at nominal value and all long service leave that will be settled in greater than 12 months is calculated at present value.

2018 2017 $’000 $’000 Accrued salaries 1 042 962 Annual leave 9 649 8 975 Long service leave 18 439 17 573 Total 29 130 27 510

Settled within 12 months 8 712 8 052 Settled in more than 12 months 20 418 19 458 Total 29 130 27 510

Department of Justice Annual Report 2017–2018 151 10.3 Superannuation

(i) Defined contribution plans A defined contribution plan is a post employment benefit plan under which an entity pays fixed contributions into a separate entity and will have no legal or constructive obligation to pay further amounts. Obligations for contributions to defined contribution plans are recognised as an expense when they fall due. (ii) Defined benefit plans A defined benefit plan is a post employment benefit plan other than a defined contribution plan. Key estimate and judgement The Department does not recognise a liability for the accruing superannuation benefits of Departmental employees.This liability is held centrally and is recognised within the Finance General Division of the Department of Treasury and Finance.

10.4 Other Liabilities

Other liabilities are recognised in the Statement of Financial Position when it is probable that the outflow of resources embodying economic benefits will result from the settlement of a present obligation and the amount at which the settlement will take place can be measured reliably. 2018 2017 $’000 $’000 Revenue received in advance Appropriation carried forward from current and previous years under section 8A of the 1 561 824 Public Account Act 1986 Total 1 561 824

Settled within 12 months 1 561 824 Total 1 561 824

Section 8A(2) of the Public Account Act allows for an unexpended balance of an appropriation to be transferred to an Account in the Special Deposits and Trust Fund for such purposes and conditions as approved by the Treasurer. In the initial year, the carry forward is recognised as a liability, Revenue Received in Advance.The carry forward from the initial year is recognised as revenue in the reporting year, assuming that the conditions of the carry forward are met and the funds are expended.

152 Department of Justice Annual Report 2017–2018 Note 11. Commitments and Contingencies

11.1 Schedule of Commitments

2018 2017 $’000 $’000 By type Capital commitments Prison Infrastructure Projects 1 174 - Total capital Commitments 1 174 -

Lease commitments Operating leases 26,048 23 821 Total lease commitments 26,048 23 821

Other commitments Prison Maintenance 4 759 6 286 Inspection Services - 1 923 Other Commitments 2 328 109 Total other commitments 7 087 8 318

By maturity Capital Commitments One year or less 1 174 - Total capital commitments 1 174 -

Operating lease commitments One year or less 5 378 4 730 From one to five years 13 826 12 602 More than five years 6 844 6 489 Total operating lease commitments 26 048 23 821

Other commitments One year or less 2 818 3 543 From one to five years 4 269 4 775 More than five years - - Total other commitments 7 087 8 318 Total 34 309 32 139

The operating lease commitments include buildings, motor vehicles and information technology equipment leases. All amounts shown are exclusive of GST. The Department has entered into a number of operating lease agreements for property, plant and equipment, where the lessors effectively retain all the risks and benefits incidental to ownership of the items leased. Equal instalments of lease payments are charged to the Statement of Comprehensive Income over the lease term, as this is representative of the pattern of benefits to be derived from the leased property. The Department is prohibited by Treasurer’s Instruction 502 Leases from holding finance leases. Lease income from operating leases where the Department is a lessor is recognised in income on a straight line basis.

Department of Justice Annual Report 2017–2018 153 11.2 Contingent Assets and Liabilities

Contingent assets and liabilities are not recognised in the Statement of Financial Position due to uncertainty regarding any possible amount or timing of any possible underlying claim or obligation. (a) Quantifiable contingencies A quantifiable contingent asset is a possible asset that arises from past events and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events not wholly within the control of the entity. A quantifiable contingent liability is a possible obligation that arises from past events and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events not wholly within the control of the entity; or a present obligation that arises from past events but is not recognised because it is not probable that an outflow of resources embodying economic benefits will be required to settle the obligation.To the extent that any quantifiable contingencies are insured, details provided below are recorded net.

2018 2017 $’000 $’000 Quantifiable contingent liabilities Contingent claims Contingent legal claims 110 50 Total quantifiable contingent liabilities 110 50

At 30 June 2018 the Department had a number of legal claims against it in dispute.

154 Department of Justice Annual Report 2017–2018 Note 12. Reserves

12.1 Reserves

2018 Land Buildings Prison buildings Library and Total $’000 $’000 and structures Heritage asset $’000 $’000 $’000 s Asset revaluation reserve Balance at the beginning of financial year 11 566 24 418 13 632 2 948 52 564 Revaluation increments/(decrements) - - - - - Balance at end of financial year 11 566 24 418 13 632 2 948 52 564

2017 Land Buildings Prison buildings Library and Total $’000 $’000 and structures Heritage asset $’000 $’000 $’000 s Asset revaluation reserve Balance at the beginning of financial year 11 566 24 418 13 632 2 948 52 564 Revaluation increments/(decrements) - - - - - Balance at end of financial year 11 566 24 418 13 632 2 948 52 564

(a) Nature and purpose of reserves Asset Revaluation Reserve The Asset Revaluation Reserve is used to record increments and decrements on the revaluation of Non financial assets. During 2015-16, the Department revalued all its land, building, prison building and library and heritage assets. Refer Note 9.4 for details.

12.2 Administrative Restructuring

Net assets received under a restructuring of administrative arrangements are designated as contributions by owners and adjusted directly against equity. Net assets relinquished are designated as distributions to owners. Net assets transferred are initially recognised at the amounts at which they were recognised by the transferring agency immediately prior to the transfer. As a result of the State Service (Restructuring) Order 2016 made under Section 11 of the State Service Act 2000, the PACB, part of the Department of Justice, was amalgamated with DPIPWE on 1 July 2016. In respect of activities relinquished, the Department transferred the following assets and liabilities to DPIPWE for no consideration:

2018 2017 $’000 $’000 Net assets relinquished on restructure

Intangibles - 127 Total assets relinquished - 127

Employee entitlements - (51) Payables - (1) Total liabilities relinquished - (52) Net assets relinquished on restructure - 75

Department of Justice Annual Report 2017–2018 155 Note 13. Cash Flow Reconciliation

Cash means notes, coins, any deposits held at call with a bank or financial institution, as well as funds held in the Special Deposits and Trust Fund, being short term of three months or less and highly liquid. Deposits are recognised at amortised cost, being their face value.

13.1 Cash and Deposits

Cash and deposits includes the balance of the Special Deposits and Trust Fund Accounts held by the Department, and other cash held, excluding those accounts which are administered or held in a trustee capacity or agency arrangement.

2018 2017 $’000 $’000 Special Deposits and Trust Fund balance T516 Operating Account 27 614 24 936 T658 Local Government 305 419 T766 Criminal Injuries Compensation 15 15 T829 Rental Deposit Authority Account 610 953 Total 28 544 26 323

Total cash and deposits 28 544 26 323

13.2 Reconciliation of Net Result to Net Cash from Operating Activities

2018 2017 $’000 $’000 Net result (5 314) (6 757) Receipts from non-operational capital funding – works and services (3 916) (1 489) Depreciation and amortisation 8 124 8 423 (Gain) loss on non-financial assets - 241 (Gain) loss on accounts receivable (34) 19 Decrease (increase) in Receivables (359) 623 Decrease (increase) in Inventories (104) (54) Increase (decrease) in Employee benefits 1 620 1 366 Increase (decrease) in Payables 868 257 Increase (decrease) in Other liabilities 737 188 Net cash from (used by) operating activities 1 622 2 817

13.3 Reconciliation of liabilities arising from financing activities

The Department does not have any liabilities arising from financing activities.

13.4 Acquittal of Capital Investment and Special Capital Investment Funds

The Department received Works and Services Appropriation funding to fund specific projects. Cash outflows relating to these projects are listed below by category. Budget information refers to original estimates and has not been subject to audit.

156 Department of Justice Annual Report 2017–2018 (a) Project expenditure

2018 Budget 2018 Actual 2017 Actual $’000 $’000 $’000 Capital Investment Program Office of the Public Guardian - - 146 Supreme Court of Tasmania Security Upgrades - - 450 Tasmanian Prison Infrastructure - Mary Hutchinson Women’s Prison 650 1 426 42 iplan Integrated Planning and Building Portal 475 475 - Ron Barwick Maximum Security Prison - Cell Recommissioning 1 000 613 - Ron Barwick Maximum Security Prison – CCTV Upgrades - 666 - Mary Hutchinson Women’s Prison Infrastructure Upgrades - - 96 Total 2 125 3 180 761

The Department was provided with additional capital funding of $2.125 million as part of the 2017 18 State Budget. Due to delays with the Ron Barwick Minimum Security Prison – Cell Recommissioning and Mary Hutchinson Women’s Prison, funding of $387,000 and 1.174 million respectively was carried forward into 2018-19.

(b) Classification of cash flows

The project expenditure above is reflected in the Statement of Cash Flows as follows.

2018 2017 $’000 $’000 Cash outflows Information technology 476 6 Other supplies and consumables 74 1 Property expenses 574 62 Payments for acquisition of assets 2 056 692 Total cash outflows 3 180 761

Department of Justice Annual Report 2017–2018 157 Note 14. Financial Instruments

14.1 Risk Exposures

(a) Risk management policies

The Department has exposure to the following risks from its use of financial instruments: • credit risk; • liquidity risk; and • market risk. The Head of Agency has overall responsibility for the establishment and oversight of the Department’s risk management framework. Risk management policies are established to identify and analyse risks faced by the Department, to set appropriate risk limits and controls, and to monitor risks and adherence to limits.

(b) Credit risk exposures

Credit risk is the risk of financial loss to the Department if a customer or counterparty to a financial instrument fails to meet its contractual obligations.

Financial Instrument Accounting and strategic policies Nature of underlying instrument (including recognition criteria and (including significant terms and measurement basis) conditions affecting the amount. Timing and certainty of cash flows) Financial Assets Receivables Receivables are recognised at It is Departmental policy to issue amortised cost, less any impairment invoices with 30 day terms of trade. losses, however, due to the short settlement period, receivables are not discounted back to their present value. Cash and deposits Deposits are recognised at Cash means notes, coins, any deposits amortised cost, being their face held at call with a bank or financial value. institution, as well as funds held in the Special Deposits and Trust Fund.

The Department does not have any concentration of credit risk. The Department monitors receivables on a monthly basis and follow up procedures are undertaken for all debts that are overdue. Action taken is dependent on the length of time the debt is overdue. The carrying amount of financial assets recorded in the Financial Statements, net of any allowances for losses, represents the Department’s maximum exposure to credit risk. The Department does not hold any collateral or other security over its receivables. The Department’s credit risk is considered to be minimal. The following tables analyse financial assets that are past due but not impaired.

Analysis of financial assets that are past due at 30 June 2018 but not impaired Past due 30 days Past due 60 days Past due 90 days Total $’000 $’000 $’000 $’000 Receivables 97 4 18 119

Analysis of financial assets that are past due at 30 June 2017 but not impaired Past due 30 days Past due 60 days Past due 90 days Total $’000 $’000 $’000 $’000 Receivables 22 11 81 114

158 Department of Justice Annual Report 2017–2018 (c) Liquidity risk

Liquidity risk is the risk that the Department will not be able to meet its financial obligations as they fall due.The Department’s approach to managing liquidity is to ensure that it will always have sufficient liquidity to meet its liabilities when they fall due.

Financial Accounting and strategic policies Nature of underlying instrument Instrument (including recognition criteria and (including significant terms and measurement basis) conditions affecting the amount. Timing and certainty of cash flows) Financial Liabilities Payables Payables are recognised at amortised Payables, including goods received and cost, which due to the short settlement services incurred but not yet invoiced period, equates to face value, when the arise when the Department becomes Department becomes obliged to make obliged to make future payments as future payments as a result of a purchase a result of a purchase of assets or of assets or services. services. The Department’s terms of trade are 30 days.

Monitoring of revenue and expenditure forecasts and current cash balances is undertaken by the Department on a monthly basis. The following tables detail the undiscounted cash flows payable by the Department by remaining contractual maturity for its financial liabilities. It should be noted that as these are undiscounted, totals may not reconcile to the carrying amounts presented in the Statement of Financial Position:

2018 Maturity analysis for financial liabilities 1 Year 2 Years 3 Years 4 Years 5 Years More than Undis- Carrying $’000 $’000 $’000 $’000 $’000 5 Years counted Amount $’000 Total $’000 Financial liabilities Payables 3 386 - - - - - 3 386 3 386 Total 3 386 - - - - - 3 386 3 386

2017 Maturity analysis for financial liabilities 1 Year 2 Years 3 Years 4 Years 5 Years More than Undis- Carrying $’000 $’000 $’000 $’000 $’000 5 Years counted Amount $’000 Total $’000 Payables 2 518 - - - - - 2 518 2 518 Total 2 518 - - - - - 2 518 2 518

Department of Justice Annual Report 2017–2018 159 (d) Market risk

Market risk is the risk that the fair value of future cash flows of a financial instrument will fluctuate because of changes in market prices.The primary market risk that the Department is exposed to is interest rate risk. The Department’s exposure to interest rate risk is considered to be minimal. The majority of the Department’s interest bearing financial instruments are managed by the Department of Treasury and Finance. At the reporting date the Department did not have any controlled interest bearing accounts However, the Department earns interest on the funds in Trust Account T829 - Rental Deposit Authority Account. This is not recognised as a Controlled activity of the Department and is considered to be held in trust by the Department. Further details can be found in Note 16. However, the interest earned on T829 is considered by the Department to be a Controlled activity and is recognised in the Controlled Statement of Comprehensive Income. An increase in variable rates of 100 basis points would have a $463,125 effect on the Department’s net result in 2017-18 ($437,410 in 2016-17), and a decrease in variable rates of 100 basis points would have a ($463,125) in 2017-18 (($437,410) in 2016-17) effect. These analyses assume all other variables remain constant. These analyses were performed on the same basis for 2018.

14.2 Categories of Financial Assets and Liabilities

2018 2017 $’000 $’000 Financial assets Cash and deposits 28 544 26 323 Receivables 1 112 664 Total 29 656 26 987

Financial Liabilities Financial liabilities measured at amortised cost 3 386 2 518 Total 3 386 2 518

14.3 Reclassifications of Financial Assets

The Department has not reclassified any financial assets during the 2017-18 financial year.

14.4 Comparison between Carrying Amount and Net Fair Value of Financial Assets and Liabilities

Carrying Net Fair Carrying Net Fair Amount 2018 Value 2018 Amount Value 2017 $’000 $’000 $’000 Financial assets Cash and deposits 28 544 28 544 26 323 26 323 Receivables 1 112 1 112 664 664 Total financial assets 29 656 26 656 26 987 26 987

Financial liabilities Payables 3 386 3 386 2 518 2 518 Total financial liabilities 3 386 3 386 2 518 2 518

160 Department of Justice Annual Report 2017–2018 The Department does not have any financial assets or financial liabilities carried at fair value through the profit and loss or any available for sale financial assets. Financial Assets The net fair values of Cash and deposits and Receivables approximate their carrying amounts as this is the amount the Department expects to be able to settle on these items. Financial Liabilities The net fair values of Trade creditors approximate their carrying amounts as this is the amount the Department expects to be able to settle on these items.

Department of Justice Annual Report 2017–2018 161 Note 15. Notes to Administered Statements

Variances are considered material where the variance exceeds the greater of 10 per cent of Budget estimate and $1 million.

15.1 Explanations of Material Variances between Budget and Actual Outcomes

(a) Schedule of Administered Income and Expenses

Statement of Comprehensive Income variances are considered material where the variance exceeds the greater of 10 per cent of Budget estimate and $1 million.

Note Budget Actual Variance Variance $’000 $’000 $’000 % Other revenue (a) 16 110 14 229 (1 881) (12) Supplies and consumables (b) 2 942 997 1 945 66 Other expenses (c) 11 903 13 782 (1 879) (16) (Increase)/decrease (d) - 9 793 9 793 <(100) in Provision for Compensation Payable Increase/(decrease) in (e) - (9 668) (9 668) >100 future levies receivable

Notes to Schedule of Administered Income and Expenses variances (a) This decrease is primarily due to a decrease in the rate levied on the premiums of licensed insurers and the notional premiums of self-insurers by the Asbestos Compensation Fund. The rate was reduced from 3.5 per cent in 2016-17 to 3.0 per cent in 2017-18. Refer Note 15.4 for details. (b) This is primarily due to administration costs and medical expenses for the Asbestos Compensation Fund being less than anticipated, in addition to reduced WorkCover Board related expenditure compared with budget. (c) This decrease is due to a decrease in WorkCover Board related expenditure compared with budget. (d) This is to recognise the change in the Asbestos Compensation Fund Provision for Compensation Payable. Refer Note 15.14 for further details. (e) This is to recognise the change in the Asbestos Compensation Fund’s right to levy licensed insurers and self-insurers. Refer Note 15.11 for further details.

(b) Schedule of Administered Assets and Liabilities

Statement of Financial Position variances are considered material where the variance exceeds the greater of 10 per cent of Budget estimate and $1 million. Budget estimates for the 2017 18 Statement of Financial Position were compiled prior to the completion of the actual outcomes for 2016 17.As a result, the actual variance from the Original Budget estimate will be impacted by the difference between estimated and actual opening balances for 2017-18.The following variance analysis therefore includes major movements between the 30 June 2017 and 30 June 2018 actual balances.

Note Budget 2018 2017 Budget Actual $’000 Actual Actual Variance Variance $’000 $’000 $’000 $’000 Cash and deposits (a) 17 516 21 920 21 259 4 404 661

Notes to Schedule of Administered Assets and Liabilities variances (a) This increase reflects the increases in the cash balance of the Asbestos Compensation Fund as at 30 June 2017 that was not able to be included in the 2017-18 budget. Refer Note 15.17 for further details.

162 Department of Justice Annual Report 2017–2018 (c) Schedule of Administered Cash Flows

Statement of Cash Flows variances are considered material where the variance exceeds the greater of 10 per cent of Budget estimate and $1 million.

Note Budget Actual Variance Variance $’000 $’000 $’000 % Other cash receipts (a) 16 110 14 691 (1 419) (9) Supplies and consumables (b) 2 939 1 011 1 928 66 Other cash payments (c) 11 902 13 300 (1 398) (12)

Notes to Schedule of Administered Cash Flow variances (a) This decrease is primarily due to a decrease in the rate levied on the premiums of licensed insurers and the notional premiums of self-insurers by the Asbestos Compensation Fund. The rate was reduced from 3.5 per cent in 2016-17 to 3.0 per cent in 2017- 18. Refer Note 15.4 for details. (b) This is primarily due to administration costs and medical expenses for the Asbestos Compensation Fund being less than anticipated, in addition to reduced WorkCover Board related expenditure compared with budget. (c) This decrease is due to a decrease in WorkCover Board related expenditure compared with budget.

15.2 Administered Sales of Goods and Services

For Significant Accounting Policies relating to Sales of goods and services please refer to Note 6.3.

2018 2017 $’000 $’000 Sale of publications and transcripts 91 28 Total 91 28

15.3 Administered Fees and Fines

For significant Accounting Policies relating to Fees and Fines please refer to Note 6.4.

2018 2017 $’000 $’000 Fines – infringements 19 700 19 795 Supreme Court Fees 743 570 Workplace Standards 841 636 Registration Services 1 956 1 875 Other fees and fines 2 230 2 031 Total 25 470 24 907

Department of Justice Annual Report 2017–2018 163 15.4 Administered Other Revenue

For Significant Accounting Policies relating to Other revenue please refer to Note 6.6.

2018 2017 $’000 $’000 WorkCover contributions 7 810 7 232 (Increase)/Decrease in Accrual Refund for Contributions (391) 440 Asbestos Compensation Fund levies 6 503 7 040 Cash received on behalf of third parties 281 314 Other revenue 26 108 Total 14 229 15 134

As detailed in Note 15.13, the WorkCover Board does not accumulate surpluses, with the necessary accrual adjustment made to Contributions revenue to reflect this.

15.5 Administered Employee Benefits

For Significant Accounting Policies relating to Employee benefits please refer to Note 7.1.

2018 2017 $’000 $’000 Wages and salaries 2 579 2 520 Superannuation – defined contribution scheme 237 208 Superannuation – defined benefit scheme 95 112 Other employee expenses 118 103 Total 3 029 2 943

Superannuation expenses relating to defined benefits schemes relate to payments into the Consolidated Fund.The amount of the payment is based on an employer contribution rate determined by the Treasurer, on the advice of the State Actuary.The current employer contribution is 12.95 per cent (2017: 12.85 per cent) of salary. Superannuation expenses relating to defined contribution schemes are paid directly to the relevant superannuation fund at a rate of 9.5 per cent (2017: 9.5 per cent) of salary. In addition, departments are also required to pay to Treasury a “gap” payment equivalent to 3.45 per cent (2017: 3.35 per cent) of salary in respect of employees who are members of the contribution schemes.

15.6 Administered Depreciation and Amortisation

For significant Accounting Policies relating to Depreciation and amortisation please refer to Note 7.2.

(a) Amortisation

2018 2017 $’000 $’000 Intangibles 117 111 Total 117 111

164 Department of Justice Annual Report 2017–2018 15.7 Administered Supplies and Consumables

For significant Accounting Policies relating to Supplies and consumables please refer to Note 7.3.

2018 2017 $’000 $’000 Audit fees – financial audit 23 32 Audit fees – internal audit 14 32 Operating lease costs 13 18 Information technology 105 199 Plant and equipment 4 28 Communications 22 55 Library 47 78 Consultants 74 112 Travel and transport 84 92 Property expenses 4 12 Advertising and promotion 384 426 Office requisites 1 6 Printing 99 54 Personnel Expenses 86 132 Other supplies and consumables 37 35 Total 997 1 311

15.8 Administered Grants and Subsidies

For significant Accounting Policies relating to Grants and subsidies please refer to Note 7.4.

2018 2017 $’000 $’000 Grants 847 764 Total 847 764

15.9 Administered Other Expenses

For significant Accounting Policies relating to Other expenses please refer to Note 7.5.

2018 2017 $’000 $’000 Salary on costs 91 60 Panel sitting fees 44 86 Disbursements on behalf of third parties 224 209 WorkCover reimbursement to Workers Rehabilitation and Compensation Tribunal 1 322 1 324 Asbestos Compensation Paid 6 315 1 630 Asbestos Compensation Fund administration costs paid to Justice 174 170 Fines remittances to other organisations 4 316 4 153 Professional Services 1 123 950 Other expenditure 173 397 Total 13 782 8 979

Department of Justice Annual Report 2017–2018 165 15.10 Gain/(loss) on Accounts Receivable

For significant Accounting Policies relating to Net gain/(loss) on financial instruments and statutory receivables/payables please refer to Note 8.2.

2018 2017 $’000 $’000 Reversal of impairment of accounts receivable (920) 290 Reversal of impairment of accounts receivable (920) 290

15.11 Administered Receivables

For general Accounting Policies relating to Receivables please refer to Note 9.1. For Administered Fines collection receivables and Asbestos Compensation levies receivable, due to the long settlement periods, the Department discounts these receivables back to their present value along with the associated provisions for impairment and expected remissions.

2018 2017 $’000 $’000 Future Asbestos Compensation levies receivable 68 432 78 100 Fines collection receivables 65 428 65 038 Other receivables 211 251 Less: Provision for impairment (3 499) (2 579) Less: Provision for expected remissions (10 976) (10 986) Total 119 596 129 824

Future Asbestos Compensation levies receivable 68 432 78 100 Fines collection receivables 50 987 51 475 Other receivables 177 249 Total 119 596 129 824

Settled within 12 months 41 676 38 493 Settled in more than 12 months 77 920 91 331 Total 119 596 129 824

The Department is responsible for the administration of the Asbestos Compensation Scheme. The Scheme is funded through a levy on the premiums of licensed insurers and the notional premiums of self insurers. The calculation of the future Asbestos Compensation levies receivable is based on the fact that all expenditure incurred by the Scheme over its entire life can be obtained from licensed insurers and self-insurers through the levy. During 2017-18, impairment on fines collection receivables was reassessed. This reassessment resulted in an increase in the Provision for impairment of $920,000 and a decrease in the Provision for expected remissions of $123,000. Fines collection receivables to be settled within 12 months has been based on the average of fines collected over the last three financial years.

Reconciliation of movement in provision for impairment and expected remissions of 2018 2017 administered receivables $’000 $’000 Carrying amount at 1 July 13 565 13 162

Increase/(decrease) in provision recognised in profit or loss 797 403 Carrying amount at 30 June 14 362 13 565

For ageing analysis of administered financial assets past due but not impaired please refer to Note 15.19.

166 Department of Justice Annual Report 2017–2018 15.12 Intangibles

For significant Accounting Policies relating to Intangibles please refer to Note 9.5.

(a) Carrying amount

2018 2017 $’000 $’000 Intangibles with a finite useful life Software at cost 1 120 1 120 Less: Accumulated amortisation (536) (419) 584 701 Work in progress (at cost) - - Total 584 701

(b) Reconciliation of movements

2018 2017 $’000 $’000 Carrying amount at 1 July 701 812

Additions - 60 Net movement in Work in progress - (60) Amortisation expense (117) (111)

Carrying amount at 30 June 584 701

15.13 Administered Payables

For general Accounting Policies relating to Payables please refer to Note 10.1.

The WorkCover Board is funded by contributions from licensed insurers and self-insurers with the contributions based on an estimate of the amount of money required for the payment or discharge of expenses, charges and obligations of the Board. As a result, the Board does not accumulate surpluses, with the necessary accrual adjustment made to reflect this. The accrual adjustment is recognised as an Accrual Refund for Contributions, and is classified as an Administered Payable.

2018 2017 $’000 $’000 Trade Payables 53 90 Accrued expenses 71 89 WorkCover Refund for Contributions 2 597 2 206 MPES payables 950 790 Total 3 671 3 175

Settled within 12 months 3 671 3 175 Total 3 671 3 175

Settlement is usually made within 30 days.

Department of Justice Annual Report 2017–2018 167 15.14 Administered Provisions

A provision arises if, as a result of a past event, the Department has a present legal or constructive obligation that can be estimated reliably, and it is probable that an outflow of economic benefits will be required to settle the obligation. Provisions are determined by discounting the expected future cash flows at a rate that reflects current market assessments of the time value of money and the risks specific to the liability.Any right to reimbursement relating to some or all of the provision is recognised as an asset when it is virtually certain that the reimbursement will be received. The Department only has one non-employee provision which is the Asbestos Compensation Fund Provision for Compensation Payable. The Provision for Compensation Payable is measured as the present value of the expected future payments to persons who have an accepted claim for compensation or who are estimated by the actuary to be entitled to compensation in the future. The actuarial valuation contains numerous assumptions regarding the future numbers of claims and the characteristics of the persons. Given the uncertainty of this portfolio of claims a range of assumptions may be plausible which reflect the current environment in which claims are managed and settled. The main assumptions are: • Claim numbers, both the starting number assumed for 2017-18 and the Incurred But Not Reported (IBNR) run-off curve; • Age distribution of imminently fatal claims; • Whole person impairment percentage of non-imminently fatal claims; and • Inflation and discount rates. The Department’s actuary, PricewaerhouseCoopers, in valuing the liabilities as at 30 June 2018, has estimated the compensation payable for claims yet to be lodged on an inflated and discounted basis. The following inflation rates and discount rates were used in measuring the provision for compensation payable:

2018 2017 $’000 $’000 Compensation Expected to be Paid Not later than one year Wages inflation rate 2.50 2.50 Discount rate 1.98 1.68

Later than one year Wages inflation rate 2.16 2.79 Discount rate 3.35 3.11

A wage inflation factor is used to inflate the estimated future compensation costs. This is primarily due to the bulk of the scheme benefits being linked to average weekly ordinary full-time earnings. Forecasts of wage inflation are adopted in the short term, then a long term gap between inflation and bond yields in the long term, with the inflation rates blended to the long term rate across the four to ten year range. The estimate of the Provision is discounted to allow for the time value of money.The rate used to discount is based upon the current yield curve and expectations of longer term yield beyond the term of available Government bonds.

168 Department of Justice Annual Report 2017–2018 (a) Sensitivity analysis for the valuation

The liability represents the best estimate and is based on standard actuarial assessment techniques. The table below shows the key sensitivities of the valuation.

2018 Assumptions 30 June Effect on Percentage Liability Liability effect $million $million % Central estimate (including expenses) 85.8 IBNR Claim Numbers Reduce claim numbers by 30% 60.6 (25.2) (29.3) Increase claim numbers by 30% 111.0 25.2 29.3 Average Claim Size Higher average medical costs, at the maximum level 96.3 10.5 12.3 (compared with 45% assumption) Inflation and discount rates ‘Gap’ between inflation and discount increased by 1% for compensation 92.7 6.9 8.1 paid later than 1 year Age Distribution Larger proportion of young claimants 87.1 1.3 1.5

Note: The effect of each variation is made in isolation from the others. The combined effect of two or more changes may involve interactions and substitutions which are not considered in the valuation.

(b) Carrying amount

2018 2017 $’000 $’000 Provision – compensation payments for reported claims Outstanding at beginning of year 1 313 1 653 Net movement during the year 572 (340) Outstanding at end of year 1 885 1 313

Provision – estimated compensation for future claims Estimated at beginning of year 94 261 99 542 Net movement during the year (10 365) (5 281) Estimate at end of year 83 896 94 261

Total Provision for Compensation Payable at end of year 85 781 95 574

Breakdown of compensation payable Settled within 12 months 8 290 6 590 Settled in more than 12 months 77 491 88 984 Total 85 781 95 574

Compensation will be funded by funds held in investments and by future levies. The Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 gives the Minister for Building and Construction authority to impose levies each year to meet annual operating costs. The Department includes in its provision an estimate for compensation payable for claims yet to be made of $85.781 million ($95.574 million as at 30 June 2017). This figure is shown in the Statement of Financial Position as a liability with the corresponding outstanding contributions receivable asset (net of cumulated surplus or deficit to date) representing the right to levy employers for these outstanding claims.

Department of Justice Annual Report 2017–2018 169 15.15 Administered Employee Benefits

For significant Accounting Policies relating to Interest bearing Employee benefits please refer to Note 10.2.

2018 2017 $’000 $’000 Accrued salaries 23 22 Annual leave 259 234 Long service leave 592 631 Total 874 887

Settled within 12 months 262 241 Settled in more than 12 months 612 646 Total 874 887

15.16 Schedule of Administered Commitments

2018 2017 $’000 $’000 By type Lease commitments Operating leases 8 26 Total lease commitments 8 26

Other commitments Grants - 711 Other 443 1 211 Total other commitments 443 1 922

By maturity Operating lease commitments One year or less 8 17 From one to five years - 9 Total operating lease commitments 8 26

Other lease commitments One year or less 326 1 295 From one to five years 117 627 Total Other lease commitments 443 1 922 Total 451 1 948

For significant Accounting policies relating to Commitments and contingencies please refer to Note 11.1. The operating lease commitments include motor vehicles and information technology equipment leases. All amounts shown are exclusive of GST.

170 Department of Justice Annual Report 2017–2018 15.17 Administered Cash and Deposits

For Significant Accounting Policies relating to Cash and deposits please refer to Note 13. Administered Cash and deposits includes the balance of the Special Deposits and Trust Fund Accounts held by the Department, and other cash held, which are administered or held in a trustee capacity or agency arrangement.

2018 2017 $’000 $’000 Special Deposits and Trust Fund balance T516 Justice Operating Account 1 563 1 312 T435 Workers Compensation Act 1988 Fund Account 2 952 2 507 T741 Asbestos Compensation Fund 17 405 17 440 Total 21 920 21 259

Total cash and deposits 21 920 21 259

15.18 Reconciliation of Administered Net Result to Net Cash from Administered Operating Activities

2018 2017 $’000 $’000 Net result (261) 672 (Gain)/loss on accounts receivable 920 (290) Depreciation and amortisation 117 111 Decrease (increase) in Receivables 9 195 10 625 Increase (decrease) in Employee benefits (13) 19 Increase (decrease) in Payables 496 (254) Increase (decrease) in Provisions (9 793) (5 621) Net cash from (used by) operating activities 661 5 262

15.19 Reconciliation of liabilities arising from financing activities (Administered)

The Department does not have any liabilities arising from financing activities.

15.20 Financial Instruments (Administered)

(a) Risk management policies

The Department has exposure to the following risks from its use of financial instruments: • credit risk; • liquidity risk; and • market risk. The Head of Agency has overall responsibility for the establishment and oversight of the Department’s risk management framework. Risk management policies are established to identify and analyse risks faced by the Department, to set appropriate risk limits and controls, and to monitor risks and adherence to limits.

Department of Justice Annual Report 2017–2018 171 (b) Credit risk exposures

Credit risk is the risk of financial loss to the Department if a customer or counterparty to a financial instrument fails to meet its contractual obligations.

Financial Instrument Accounting and strategic policies Nature of underlying instrument (including (including recognition criteria and measurement significant terms and conditions affecting the basis) amount. Timing and certainty of cash flows) Financial Assets Receivables Receivables are recognised at amortised cost, less It is Departmental policy to issue invoices with any impairment losses, however, due to the short 30 day terms of trade. Fines and infringement settlement period, receivables are not discounted receivables are a legislatively imposed penalty and back to their present value. not a commercial debt. Settlement terms vary and are subject to agreed payment schedules in accordance with the Monetary Penalties Enforcement Act 2005. Default terms without an arrangement in place are 28 days. Cash and deposits Deposits are recognised at amortised cost, being Cash means notes, coins, any deposits held at call their face value. with a bank or financial institution, as well as funds held in the Special Deposits and Trust Fund.

The carrying amount of administered financial assets recorded in the Financial Statements, net of any allowances for losses, represents the Departments maximum exposure to credit risk.The Department does not hold any collateral or other security over its receivables. The Department monitors receivables on a monthly basis and follow up procedures are undertaken for all debts that are overdue. Action taken is dependent on the length of time the debt is overdue. The settlement term for receivables (excluding fines and infringements) is thirty days. Fines and infringement receivables are a legislatively imposed penalty and not a commercial debt. Settlement terms vary and are subject to agreed payment schedules in accordance with the Monetary Penalties Enforcement Act 2005. Default terms without an arrangement in place are 28 days. The following tables analyse financial assets that are past due but not impaired.

Analysis of administered financial assets that are past due at 30 June 2018 but not impaired Past due Past due Past due Past due Past due Total 30 days 90 days 180 days 1 Year 5 years $’000 $’000 $’000 $’000

Receivables 1 366 1 808 3 051 8 535 9 283 24 043

Analysis of administered financial assets that are past due at 30 June 2017 but not impaired Past due Past due Past due Past due Past due Total 30 days 90 days 180 days 1 Year 5 years $’000 $’000 $’000 $’000

Receivables 1 241 2 281 3 227 9 443 10 344 26 536

172 Department of Justice Annual Report 2017–2018 (c) Liquidity risk

Liquidity risk is the risk that the Department will not be able to meet its financial obligations as they fall due.The Department’s approach to managing liquidity is to ensure that it will always have sufficient liquidity to meet its liabilities when they fall due.

Financial Instrument Accounting and strategic policies Nature of underlying instrument (including recognition criteria and (including significant terms and measurement basis) conditions affecting the amount. Timing and certainty of cash flows)

Financial Liabilities Trade payables and Accrued expenses Payables are recognised at amortised Payables, including goods received and cost, which due to the short services incurred but not yet invoiced settlement period, equates to face arise when the Department becomes value, when the Department becomes obliged to make future payments as obliged to make future payments as a result of a purchase of assets or a result of a purchase of assets or services. The Department’s terms of services. trade are 30 days.

The following tables detail the undiscounted cash flows payable by the Department by remaining contractual maturity for its financial liabilities. It should be noted that as these are undiscounted, totals may not reconcile to the carrying amounts presented in the Statement of Financial Position.

2018 Maturity analysis for administered financial liabilities 1 Year 2 Years 3 Years 4 Years 5 Years More than Undiscounted Carrying 5 Years Total Amount Financial liabilities Payables 3 671 - - - - - 3 671 3 671 Total 3 671 - - - - - 3 671 3 671

2017 Maturity analysis for administered financial liabilities 1 Year 2 Years 3 Years 4 Years 5 Years More than Undiscounted Carrying 5 Years Total Amount Total 3 175 - - - - - 3 175 3 175

(d) Market risk

Market risk is the risk that the fair value of future cash flows of a financial instrument will fluctuate because of changes in market prices.The primary market risk that the Department is exposed to is interest rate risk. The Department’s exposure to interest rate risk is considered to be minimal. The majority of the Department’s interest bearing financial instruments are managed by the Department of Treasury and Finance. At the reporting date the interest rate profile of the Department’s interest bearing financial instruments is detailed below:

2018 2017 $’000 $’000 Variable rate instruments Financial assets 20 357 19 947 Total 20 357 19 947

Department of Justice Annual Report 2017–2018 173 Changes in variable rates of 100 basis points at reporting date would have the following effect on the Department’s profit or loss and equity as detailed in the following table.

Sensitivity Analysis of Department’s Exposure to Possible Changes in Interest Rates

Statement of Comprehensive Equity Income 100 basis points 100 basis points 100 basis points 100 basis points increase increase increase increase $’000 $’000 $’000 $’000 30 June 2018 Cash in Special Deposits and Trust Fund 204 (204) 204 (204) Net sensitivity 204 (204) 204 (204)

30 June 2017 Cash in Special Deposits and Trust Fund 199 (199) 199 (199) Net sensitivity 199 (199) 199 (199)

This analysis assumes all other variables remain constant. The analysis was performed on the same basis for 2018.

15.21 Categories of Administered Financial Assets and Liabilities

2018 2017 $’000 $’000 Administered financial assets Cash and cash equivalents 21 920 21 259 Receivables 119 709 129 824 Total 141 629 151 083

Administered financial Liabilities Financial liabilities measured at amortised cost 3 671 3 175 Total 3 671 3 175

174 Department of Justice Annual Report 2017–2018 15.22 Comparison between Carrying Amount and Net Fair Value of Administered Financial Assets and Liabilities

Carrying Amount Net Fair Value Carrying Amount Net Fair Value 2018 2018 2017 2017 $’000 $’000 $’000 $’000 Administered financial assets Cash at cash equivalents 21 920 21 920 21 259 21 259 Receivables 119 709 119 709 129 824 129 824 Total administered financial assets 141 629 141 629 151 083 151 083

Administered financial liabilities Payables 3 671 3 671 3 175 3 175 Total administered financial liabilities 3 671 3 671 3 175 3 175

The Department does not have any financial assets or financial liabilities carried at fair value through the Statement of Comprehensive Income or any available for sale financial assets. Administered Financial Assets The net fair values of Cash and deposits and Receivables approximate their carrying amounts as this is the amount the Department expects to be able to settle on these items. Administered Financial Liabilities The net fair values of financial liabilities approximate their carrying amounts as this is the amount the Department expects to be able to settle on these items.

Note 16. Transactions and Balances Relating to a Trustee or Agency Arrangement

Transactions relating to activities undertaken by the Department in a trust or fiduciary (agency) capacity do not form part of the Department’s activities.Trustee and agency arrangements, and transactions/balances relating to those activities, are neither controlled nor administered. Fees, commissions earned and expenses incurred in the course of rendering services as a trustee or through an agency arrangement are recognised as controlled transactions.

Account/Activity Opening balance Net transactions Closing balance $’000 during 2017-18 $’000 $’000 T401 Crown Law Trust Account 3 434 (1 541) 1 893 T402 Property Purchase Retention Amounts Held by Crown Law 112 (6) 106 T404 Prisoner Earning Deposit Account 188 44 232 T434 Magistrates Court (Civil Division Litigants) 37 (1) 36 T451 Appeals Cost Fund Deposit Account 674 44 718 T460 Supreme Court Suitors Fund Deposit Account 1 219 (225) 994 T740 Criminal Injuries Fund 697 (29) 668 T829 Rental Deposit Authority Account 42 788 2 915 45 703

Department of Justice Annual Report 2017–2018 175 Note 17. Events Occurring After Balance Date

There have been no events subsequent to the balance date which would have a material effect on the Department’s Financial Statements as at 30 June 2018.

Note 18. Other Significant Accounting Policies and Judgments

18.1 Objectives and Funding

The aim of the Department of Justice (the Department) is a safe, fair and just Tasmania. Our purpose is to support the Tasmanian Government to promote the rule of law by: • ensuring an effective, efficient and an accessible justice system; • protecting and respecting rights; • improving laws; and • influencing positive behaviour and enforcing responsibilities. We hold the following values. Consistent with the State Service Code of Conduct, all Departmental office holders and employees: • Behave with integrity; • Respect others; • Are accountable for their actions and decisions; • Are co-operative, inclusive and open in their dealings; and • Act without personal bias, prejudice and improper motive. The Department has a number of key functions to which it is committed, including: 1. Supporting our ministers by providing honest, comprehensive, accurate and timely advice; 2. Administering and developing courts, tribunals, statutory and regulatory bodies that promote, protect and enforce laws; 3. Informing the community about laws, rights and responsibilities; 4. Undertaking law and policy development; 5. Supporting the community to achieve effective outcomes in the justice system; 6. Providing a sustainable, safe, secure, humane and effective corrections system; and 7. Ensuring all aspects of the Department’s activities are conducted effectively, efficiently and safely. The Department provides administrative support for the Supreme and Magistrates Courts;Tasmanian Industrial Commission; Legal Aid Commission of Tasmania;Tasmanian Electoral Commission;Workers’ Rehabilitation and Compensation Tribunal;WorkCover Tasmania Board;Asbestos Compensation Commissioner; Guardianship and Administration Board; Mental Health Tribunal; Parole Board of Tasmania; Resource Management and Planning Appeal Tribunal; and the Tasmanian Planning Commission. It also supports the statutory offices of the Solicitor General, Public Guardian and the Anti Discrimination Commissioner. Each of these areas is separately accountable to Parliament. The Department comprises: Corrective Services; Crown Law; Consumer, Building and Occupational Services; the Registry of Births, Deaths and Marriages;WorkSafe Tasmania; Monetary Penalties Enforcement Service; Planning Policy Unit;Victims Support Services; Strategic Legislation and Policy; Corporate Support and Strategy and the Office of the Secretary. In managing these responsibilities the Secretary and other senior officers are supported by the Division of Corporate Support and Strategy (including Financial Services, Human Resources, Information Technology Services, Projects and Information and Communications and Executive Support), and the Office of the Secretary. Departmental activities are classified as either controlled or administered. Controlled activities involve the use of assets, liabilities, revenues and expenses controlled or incurred by the Department in its own right. Administered activities involve the management or oversight by the Department, on behalf of the Government, or items controlled or incurred by the Government, as reported at Note 2.4. The Department is a Tasmanian Government not-for-profit entity that is predominantly funded through Parliamentary appropriations. It also provides services on a fee for service basis, as outlined in Notes 6.4 and 15.3. The financial report encompasses all funds through which the Department controls resources to carry on its functions.

176 Department of Justice Annual Report 2017–2018 18.2 Basis of Accounting

The Financial Statements are a general purpose financial report and have been prepared in accordance with: • Australian Accounting Standards (AAS) and Interpretations issued by the Australian Accounting Standards Board (AASB); and • The Treasurer’s Instructions issued under the provisions of the Financial Management and Audit Act 1990. The Financial Statements were signed by the Secretary on 14 August 2018. Compliance with the AAS may not result in compliance with International Financial Reporting Standards (IFRS), as the AAS include requirements and options available to not-for-profit organisations that are inconsistent with IFRS. The Department is considered to be not-for-profit and has adopted some accounting policies under the AAS that do not comply with IFRS. The Financial Statements have been prepared on an accrual basis and, except where stated, are in accordance with the historical cost convention. The accounting policies are generally consistent with the previous year except for those changes outlined in Note 18.5. The Financial Statements have been prepared as a going concern. The continued existence of the Department in its present form, undertaking its current activities, is dependent on Government policy and on continuing appropriations by Parliament for the Department’s administration and activities. The Department has made no assumptions concerning the future that may cause a material adjustment to the carrying amounts of assets and liabilities within the next reporting period.

18.3 Reporting Entity

The Financial Statements include all the controlled activities of the Department. The Financial Statements consolidate material transactions and balances of the Department and entities included in its output groups. Material transactions and balances between the Department and such entities have been eliminated.

18.4 Functional and Presentation Currency

These Financial Statements are presented in Australian dollars, which is the Department’s functional currency.

18.5 Changes in Accounting Policies

(a) Impact of new and revised Accounting Standards

In the current year, the Department has adopted all of the new and revised Standards and Interpretations issued by the Australian Accounting Standards Board that are relevant to its operations and effective for the current annual reporting period. These include:

• 2016 2 Amendments to Australian Accounting Standards – Disclosure Initiative:Amendments to AASB 107 – The objective of this Standard is to amend AASB 107 Statement of Cash Flows to require entities preparing statements in accordance with Tier 1 reporting requirements to provide disclosures that enable users of financial statements to evaluate changes in liabilities arising from financing activities, including both changes arising from cash flows and non cash changes.This Standard applies to annual periods beginning on or after 1 January 2017.The impact is increased disclosure of financial activities in relation to cash flows and non cash changes as shown at Note 13.3.There is no financial impact. • 2016-4 Amendments to Australian Accounting Standards - Recoverable Amount of Non Cash Generating Specialised Assets of Not for Profit Entities - The objective of this Standard is to amend AASB 136 Impairment of Assets to remove references to depreciated replacement cost as a measure of value in use for not for profit entities and to clarify that the recoverable amount of primarily non cash generating assets of not for profit entities, which are typically specialised in nature and held for continuing use of their service capacity, is expected to be materially the same as fair value determined under AASB 13 Fair Value Measurement, with the consequence that AASB 136 does not apply to such assets that are regularly revalued to fair value under the revaluation model in AASB 116 Property, Plant and Equipment and AASB 138 Intangible Assets, and AASB 136 applies to such assets accounted for under the cost model in AASB 116 and AASB 138.This Standard applies to annual reporting periods beginning on or after 1 January 2017.The impact is enhanced disclosure in relation to non cash generating specialised assets of not for profit entities.There is no financial impact.

Department of Justice Annual Report 2017–2018 177 (b) Impact of new and revised Accounting Standards yet to be applied

The following applicable Standards have been issued by the AASB and are yet to be applied: • AASB 9 Financial Instruments and 2014-7 Amendments to Australian Accounting Standards arising from AASB 9 (December 2014) - the objective of these Standards is to establish principles for the financial reporting of financial assets and financial liabilities that will present relevant information to users of financial statements for their assessment of the amounts, timing, uncertainty of an entity’s future cash flows, and to make amendments to various accounting standards as a consequence of the issuance of AASB 9.These standards apply to annual reporting periods beginning on or after 1 January 2018.The future impact is to recognise impairment losses on financial assets on an expected basis rather than an incurred basis and introduces a fair value through other comprehensive income category for non-equity financial assets.The financial impact is expected to be minimal. • AASB 15 Revenue from Contracts with Customers – The objective of this Standard is to establish the principles that an entity shall apply to report useful information to users of financial statements about the nature, amount, timing, an uncertainty of revenue and cash flows arising from a contract with a customer. In accordance with 2015-8 Amendments to Australian Accounting Standards - Effective Date of AAS 15, this Standard applies to annual reporting periods beginning on or after 1 January 2019.Where an entity applies the Standard to an earlier annual reporting period, it shall disclose that fact.The future impact is to enhance disclosure in relation to revenue from contracts with customers.The financial impact is expected to be minimal. • 2014-5 Amendments to Australian Accounting Standards arising from AASB 15 – The objective of this Standard is to make amendments to Australian Accounting Standards and Interpretations arising from the issuance of AASB 15 Revenue from Contracts with Customers.This Standard applies when AASB 15 is applied, except that the amendments to AASB 9 (December 2009) and AASB 9 (December 2010) apply to annual reporting periods beginning on or after 1 January 2018.This Standard shall be applied when AASB 15 is applied.The financial impact is expected to be minimal. • AABS 16 Leases – The objective of this Standard is to introduce a single lessee accounting model and require a lessee to recognise assets and liabilities for all leases with a term of more than 12 months, unless the underlying asset is of low value.This Standard applies to annual reporting periods beginning on or after 1 January 2019.The impact is enhanced disclosure in relation to leases.The Department has commenced reviewing the financial impact of this standard, which is expected to be similar to the Operating leases commitment included in Note 11.1.

18.6 Foreign Currency

Transactions denominated in a foreign currency are converted at the exchange rate at the date of the transaction. Foreign currency receivables and payables are translated at the exchange rates current as at balance date.

18.7 Comparative Figures

Comparative figures have been adjusted to reflect any changes in accounting policy or the adoption of new standards. Details of the impact of changes in accounting policy on comparative figures are at Note 18.5. Where amounts have been reclassified within the Financial Statements, the comparative statements have been restated. Restructures of Outputs within the Department (internal restructures) that do not affect the results shown on the face of the Financial Statements are reflected in the comparatives in the Output Schedule at Notes 2.1 and 2.4. The comparatives for external administrative restructures are not reflected in the Financial Statements.

18.8 Rounding

All amounts in the Financial Statements have been rounded to the nearest thousand dollars, unless otherwise stated.Where the result of expressing amounts to the nearest thousand dollars would result in an amount of zero, the financial statement will contain a note expressing the amount to the nearest whole dollar.

178 Department of Justice Annual Report 2017–2018 18.9 Departmental Taxation

The Department is exempt from all forms of taxation except Fringe Benefits Tax and the Goods and Services Tax.

18.10 Goods and Services Tax

Revenue, expenses and assets are recognised net of the amount of Goods and Services Tax (GST), except where the GST incurred is not recoverable from the Australian Taxation Office (ATO). Receivables and payables are stated inclusive of GST.The net amount recoverable, or payable, to the ATO is recognised as an asset or liability within the Statement of Financial Position. In the Statement of Cash Flows, the GST component of cash flows arising from operating, investing or financing activities which is recoverable from, or payable to, the ATO is, in accordance with the Australian Accounting Standards, classified as operating cash flows.

Department of Justice Annual Report 2017–2018 179

Department of Justice Annual Report 2017–2018 181 Department of Justice

Ph: 1300 135 513 (general enquiries) Fax: (03) 6173 0210 Office address Trafalgar Building Level 14, 110 Collins St Hobart Tasmania 7000 Postal address GPO Box 825 Hobart Tasmania 7001

182 Department of Justice Annual Report 2017–2018