Department of Commerce Annual Report 2015–2016
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Government of Western Australia Department of Commerce Annual Report 2015–2016 Contents Statement of legislative compliance 1 About the department 1 Guide to sections 2 Overview 3 Director General’s year in review 4 Our services 7 Our Corporate Executive for 2015–16 9 Operational structure 12 Our regional services 13 Administered legislation 14 Performance management framework 15 Shared responsibilities 16 Agency performance 19 Resource Agreement 20 Report on performance/operational highlights 25 Our people 42 Significant issues impacting the agency 47 Building Commission 48 Consumer Protection 49 EnergySafety 50 Labour Relations and Industry Development 52 WorkSafe 52 Department 52 Disclosures and legal compliance 53 Audit Opinion 54 Financial Statements 57 Statement of Comprehensive Income 58 Statement of Financial Position 59 Statement of Changes in Equity 60 Statement of Cash Flows 61 Schedule of Income and Expenses by Service 62 Schedule of Assets and Liabilities by Service 63 Summary of Consolidated Account Appropriations and Income Estimates 64 Notes to the Financial Statements 65 Key Performance Indicators 122 Ministerial directives 139 Government policy requirements 167 Appendices 175 Appendix 1: Agreements 176 Appendix 2: Changes to written laws 179 Appendix 3: Legal actions 182 Appendix 4: Functions of boards, commissions, committees, councils and tribunals 228 Appendix 5: Annual Report feedback 244 Department of Commerce | Annual Report 2015–16 Statement of legislative compliance In accordance with section 63 of the Financial Management Act 2006, I hereby submit for your information and presentation to Parliament, the Annual Report of the Department of Commerce for the year ended 30 June 2016. The Annual Report has been prepared in accordance with the provisions of the Financial Management Act 2006. This report also fulfils my obligations pursuant to section 73(3) of the Building Services (Registration) Act 2011, section 26 of the Consumer Affairs Act 1971, section 60 of the Credit (Administration) Act 1984, section 12A of the Debt Collectors Licensing Act 1964, section 33 of the Electricity Act 1945, section 10A of the Employment Agents Act 1976, section 13CA of the Gas Standards Act 1972, section 19 of the Industry and Technology Development Act 1998, section 31 of the Land Valuers Licensing Act 1978, section 51 of the Motor Vehicle Dealers Act 1973, section 59H(2) of the Plumbers Licensing Act 1995, section 135(2) of the Hon. Michael Mischin MLC Real Estate and Business Agents Act 1978, section 12(1) of the Attorney General; Minister for Retirement Villages Act 1992, section 112(2) of the Settlement Commerce Agents Act 1981 and section 58 of the Travel Agents Act 1985. Anne Driscoll Anne Driscoll, Director General 19 September 2016 About the department The Department of Commerce (department) Our values maintains a vital role in facilitating a business • integrity and professionalism; environment that is productive, innovative, fair and safe. It works to create a contemporary, • making a difference; diversified economy that provides for the • value our people and their contribution; and growth, safety and protection of the Western • innovation. Australian community. Enabling legislation Our vision The Department of Commerce is established as a A business environment that is productive, department under section 35 of the Public Sector innovative, fair and safe. Management Act 1994. Our mission Responsible Minister To create a contemporary, diversified economy In 2015–16 the Department of Commerce was that provides for the growth, safety and protection responsible to the Hon. Michael Mischin, MLC, of the community. Attorney General and Minister for Commerce. Department of Commerce | Annual Report 2015–16 | 1 Guide to sections 2 | Department of Commerce | Annual Report 2015–16 Overview This section provides a review of the year, highlighting the Department of Commerce’s broad strategic directions and priorities, key issues and achievements. The Overview section also details the services the department provides, its organisational structure, the legislation it is responsible for administering, its shared responsibilities and performance management framework. Director General’s year in review 4 Our services 7 Our Corporate Executive for 2015–16 9 Operational structure 12 Our regional services 13 Administered legislation 14 Performance management framework 15 Shared responsibilities 16 Department of Commerce | Annual Report 2015–16 | 3 Director General’s year in review I am pleased to present In 2015–16, managing fatigue in the commercial the Department of vehicle sector continued as a focus with six joint Commerce’s annual roadblock operations undertaken by WorkSafe report for the financial in association with Western Australia Police and year 2015–16. The Main Roads Western Australia. report presents in detail The highly successful collaboration by Consumer the work of the agency Protection with the Western Australia Police over the last 12 months Major Fraud Squad to reduce community harm in what was a period through scams and fraud went from strength to that demonstrated a strength with latest results indicating a 55 per genuine cross-agency commitment to working cent reduction in overall losses to relationship collaboratively to get better outcomes. Despite and romance scams. At the same time, the form an environment of diminished resources, of scams continues to morph with increases in collectively our people worked together to losses now observed from deceptions involving accomplish the many achievements, outlined accommodation, rebate and refund and tax in the pages that follow. debt scams. The message that continues to For Commerce to achieve its goal of enabling a be reinforced is that we all need to be vigilant competitive economy that also safeguards the to the possibilities that seemingly trustworthy community, we need to ensure the regulatory communications may be an attempt to defraud. settings are appropriate. The department is The department worked to improve the mobile genuinely appreciative of the constructive and telephone and data coverage gaps in small considered engagement by both industry groups communities and at strategic locations in and employee and consumer stakeholders. regional Western Australia in collaboration with a These important relationships will continue to be number of agencies, including the Departments necessary as technology and changing markets of Regional Development and Lands. Through the require new approaches. Regional Telecommunications Project, 22 mobile An example of the commitment by industry to base stations were completed and turned on ensure the setting is right was evident in the during the reporting period. State’s first ever Building Summit held in February As the resource sector of the State’s economy 2016. The Minister for Commerce initiated undergoes a period of adjustment from an the meeting after hearing of the raft of issues investment phase to a production phase, the confronting builders across both State agencies ongoing development of Western Australian and local governments. The Summit, opened industry is key to the continuing health of our by the Premier and attended by the Ministers State’s economy. With the announcement in April for Commerce, Planning and Local Government 2016 by the Federal Government of an $89 billion and Communities, sent a clear message that upgrade to Australia’s naval maritime capability, all parts of Government were committed to the Industry Development Directorate is developing working across boundaries. Representatives of initiatives to profile the internationally competitive the Western Australian building industry and local skills and infrastructure capabilities of Western and State Government agencies were able to Australia to the naval shipbuilding industry to hear issues from each other’s perspectives and maximise naval building and sustainment projects agree on priority areas to fix regulatory blockages. for Western Australia, creating jobs and economic Already, a number of requested actions have growth for the State. To aid this, the Industry been implemented, with a number of other major Facilitation and Support Program (IFSP) provided projects advancing well. over $350,000 in funding to businesses looking to The cross-agency theme extended to a number of modify their activities to be more competitive in other initiatives to directly benefit the community. the naval ship building sector. Since its inception 4 | Department of Commerce | Annual Report 2015–16 in 2011, the IFSP has assisted 257 Western Australian Standard AS 5577-2013. Under the new Australian-based small and medium enterprises regulations, transparency between the network win contracts worth over $313 million. operators, the department and the wider public is improved, with network operators now required In 2015–16, the department continued its to provide quarterly and annual statements of ongoing program of legislative reform and red network safety performance and publish the tape reduction. statements on their respective web pages. One of the most significant legislative changes During the year, WorkSafe completed a review of implemented by the department during the the model Work Health and Safety Regulations financial year was the passage of legislation to identify where they can be modified to modernising the regulatory environment for minimise prescription and keep the burden of the more than 18,000 community and sporting compliance at