Victorian Law Reform Commission Annual Report 2001–02 Contents
Victorians have their say on law reform 1 Victorian LawReform Commission
The Honourable Rob Hulls MP Chairperson’s Foreword 2 Attorney-General 55 St Andrews Place Introducing the Part-time Commissioners 4 Melbourne Victoria 3002 Chief Executive Officer’s Report 6 Dear Attorney-General,
Organisational Chart 8 Annual Report2001 I am pleased to present to you the Annual Report of the Victorian Law Reform Commission for the year ended 30 June 2002. Our Functions 9 There are a number of highlights for the year, including: Our Approach 10
• completion of two major references with publication of the Reports: – Disputes Between Co-owners and Criminal Liability for Workplace 02 Death and Serious Injury in the Public Sector; Our Vision and Objectives 11 • completion of the community law reform project and Report: References Failure to Appear in Court in Response to Bail; Disputes Between Co-owners 12 • publication of Sexual Offences—Law and Procedure: Discussion Paper; Defences to Homicide: Issues Paper and People with Sexual Offences 13 Intellectual Disabilities at Risk—A Legal Framework for Compulsory Defences to Homicide 15 Care: Discussion Paper; Privacy 17 • wide-ranging consultation on our Sexual Offences and Compulsory Care references, including a program of visits to regional cities; Intellectual Disability and Compulsory Care 19 • development of a number of strategic partnerships with community Criminal Liability for Workplace Death and philanthropic organisations. and Serious Injury in the Public Sector 21 Yours sincerely, Community Law Reform 22
Community Outreach and Education 25 Professor Marcia Neave Chairperson Other Activities 28
Ordered to be printed. Financial Statements 29 Victorian Government Printer October 2002 No. 180 Session 1999–2002
ISBN 0 9581829 0 6 3 Victorian Law Reform Commission Annual Report 2001– 02 AO . The colloquium involved The colloquium involved . Chairperson As well as fostering community participationAs well in issues, the debate about specific law reform to facilitate Commission has a responsibility understanding and encourage debate about the of our legal system and governmental nature institutions. As part the of this process, Commission contributed to a colloquium and Privatisation the Monash organised by on the topic of Centre Accountability Public of The Role Accountable: Governments Keeping Agencies Independent of views participants between a frank exchange the public sector and the political arena, from at the colloquium revealed academia. Discussion a range of views and meaning of about the value and how this should be expressed ‘independence’ in legislation and administrative practices. and Accounts Public The Parliamentary Estimates Committee has been considering in the public sector. structures governance Commission’s Law Reform Victorian the In submission to that Committee, I commented the that it would be helpful to consider how in the idea of independence is reflected legislation establishing independent public Law Reform Victorian sector bodies such as the arrange- Commission and in the administrative such between the relationship ments governing bodies and their portfolio agencies. success in meeting our The Commission’s is largely due to the outstanding objectives and the research contributions made by me the gives This report staff. administrative my gratitude to the other opportunity to express Commissioners, to all members of staff and Officer, particularly to the Chief Executive of Raman. I am also grateful for the work Padma advisory committees and consultants. reference Neave Marcia Professor a number of practical problems in the a number of practical problems application of the criminal law. with Indigenous relationships developing are We speaking communities and non-English The Commission is communities. background partnershipsalso establishing co-operative with Foundation, such as the Lance Reichstein groups Women’s funds to the Islamic which provided and House Hoffman Council, Elisabeth Welfare Legal Service to Discrimination the Disability with their clients and undertake research Offences input into the Sexual provide I am most grateful for the support reference. and hope that it the Foundation, by provided will be possible to forge similar co-operative partnerships with other bodies in the future. to build co- hard The Commission has worked with other law reform relationships operative I am a member of the federal level, bodies. At the Advisory Committee to the joint Australian and Health Commission/National Law Reform Inquiry into the Council’s Research Medical I Information. Genetic of Human Protection organised was also invited to chair a workshop Advisory Ministers’ Health the Australian by Committee to discuss medical indemnity reform and participated in the national forum to The discuss medical indemnity issues. Law in the Queensland Commission is involved on National project Commission’s Reform the the state level, Laws. At Succession matters Commission has discussed law reform Committee, Law Reform with the Parliamentary an as with other bodies which have as well of such as the Federation in law reform interest VicHealth and the Community Legal Centres Control. Tobacco for Centre As well as reporting on matters referred by the by on matters referred as reporting As well the Commission is able to Attorney-General, which projects initiate small-scale law reform community organisations, may be suggested by have We individuals or the legal profession. a number of suggestions and have investigated in to Appear on Failure completed a project which has been to Bail, Court in Response to be tabled to the Attorney-General presented was suggested to us This project in Parliament. Legal Service. Aboriginal Victorian the by The Commission is committed to an inclusive which engages the process law reform in the community in identifying problems operation of the law and in debating proposals aim to enhance the democratic We for change. fostering public understanding of the by process which groups and involving process, law reform traditionally had limited opportunitieshave to participate in public debate on matters which Commissioners the past year, affect them. Over participatedand staff have in a wide range of activities with and outreach networking and in both metropolitan community groups Consultations on our Sexual areas. regional enabled us to identify have reference Offences Disputes Criminal Liability for Liability Criminal and . The terms of reference for the latter The terms of reference . This is the first full year of Victorian Law Reform Commission’s by the operations. The Commission has been strengthened appointment of four part-time Commissioners: The Honourable Her Honour Judge Jennifer Coate, Professor Justice David Harper, Sam Ricketson. Their appointments Felicity Hampel SC and Professor bring an abundance of experience and legal expertise to the Commission, and I am delighted to welcome them. Chairperson’s Foreword Chairperson’s the Commission year, the reporting During the Attorney- from four new references received range a varied new cover Our projects General. of legal issues, including defences to homicide, the compulsory of people with care privacy, at risk of intellectual disabilities who are or others, and criminal harming themselves death and serious injuryliability for workplace in the public sector. for year This has been a busy and productive completed two major have We the Commission. the Reports: producing references, Between Co-owners Between project required the Commission to report to the Commission to report required project two months in just over the Attorney-General Despite the commencement of project. from the technical complexity of legal issues to examine, the required were which we this Commission met this deadline. During period the Commission has also published issues to our papers and discussion in relation to Defences Offences, on Sexual references and Compulsory of People Homicide, Care Disabilities. with Intellectual Workplace Death and Serious Injury in the Public Injury and Serious Death Workplace Sector
2 Victorian Law Reform Commission Annual Report 2001– 02 5 Victorian Law Reform Commission Annual Report 2001– 02 Professor Sam Ricketson Sam Professor of Melbourne University Ricketson is a member of the Law Professor and of Melbourne of the University Faculty Bar, Victorian also practises part-time at the of intellectual property. principally in the area has written, taught and advised widely in He conflicts of intellectual property law, the areas of law and corporate has held academic of Melbourne positions at the University Mary College, London (1977-91), Queen he where University, (1984-6), and Monash Aickin Chair of Commercial Keith held the Sir a panel is currently Law (1991-2000). He Property Intellectual World member of the body in dispute resolution Organisation’s to domain names. relation SC Part-time Commissioners, from left: Commissioners, from Part-time Harper David Justice The Honourable Coate Jennifer Judge Honour Her SC Hampel Felicity Professor Ricketson Sam Professor Barrister in Bar Victorian joined the Hampel Professor in public interest 1981 and has made a career legal education. and professional advocacy Counsel in 1996, was appointed a Queens She Counsel in 2001. Professor converted to Senior was a founding member and former Hampel Association Barristers Women of the Convenor member of Australian and a foundation Board is immediate past She Lawyers. Women Victorian the Victoria, of Liberty President a is currently Council for Civil Liberties. She and Management member of the Board Institute Advocacy Committee of the Australian of Law, in the Faculty Professor and Adjunct is a Hampel Professor University. Monash of the Castan member of the Advisory Board Rights. for Human Centre Professor Felicity Hampel Hampel Felicity Professor Her Honour Judge Jennifer Coate Jennifer Judge Honour Her Court of the Children’s President of the Coate was appointed a Judge Judge of the Children’s County Court and President was appointed as a 2000. She Court in June to the in 1992 and was promoted Magistrate in 1996. Chief Magistrate position of Deputy solicitor as a barrister, to that she worked Prior in a range involved and teacher was actively and committees concerning social of groups the Coate is currently Judge and legal policy. Services for Abused Chairperson of the Health Committee and is a member of the Children Justice Criminal of Melbourne’s University the Advisory Board, Psychology and Forensic Committee, Protocols Violence Family and Council of the Australian and the Board Administration. of Judicial Institute In October 2001, the Attorney-General announced the appointment of four part-time Commissioners to the Victorian Law Reform Court Supreme Commission: The Honourable Justice David Harper, of the of Victoria; Her Honour Judge Jennifer Coate, President Felicity Hampel SC, Barrister; and Court; Professor Children’s Sam Ricketson, University of Melbourne.Professor Introducing the Part-time Commissioners Harper David Justice The Honourable Victoria Court of Supreme was appointed to the Supreme Harper Justice at the Bar 1992, after a career Court in March was appointed a QC which began in 1970. He Chair of the is currently in 1986. He Victoria in Law Advisory Humanitarian International (Victorian branch) Cross Committee of the Red of the Council Legal and has been a Member has a long Harper since 1992. Justice Education Bar Victorian with the involvement and active Council, including as Chairman between of the International was President 1990-1. He section, (Australian Commission of Jurists 1994, 1992-9. Since branch) from Victorian of the has been President Harper Justice and Association for the Care Victorian and since (VACRO) of Offenders Resettlement 1999, Chair of the trustees of the Northcote was a part-time Harper Justice Trust. Law Reform Commissioner of the previous in 1991-2. Victoria Commission of
4 Victorian Law Reform Commission Annual Report 2001– 02 7 Victorian Law Reform Commission Annual Report 2001– 02 Our reference on sexual offences seeks to make reference Our to the needs responsive more law and procedure The Commission has consulted of complainants. The Commission has widely on this reference. partnerships to ensure novel also developed community engagement. An example of such the a partnership is found in the relationship Commission has with the Disability Legal Service to undertakeDiscrimination input with their clients and provide research The reference. Offences into the Sexual a strategic Commission has also developed Multicultural Victorian partnership with the Commission to assist in consulting with non- communities speaking background English long-term solutions to address and to develop sexual assault in these communities. fortunate to have The Commission is extremely and administrative a team of dedicated research and hard Their commitment, creativity staff. has been vital in ensuring a successful first work my of operation. I would like to express year gratitude to all of them. I would also sincere like to thank our inspiring Chairperson, me who has provided Neave, Marcia Professor with enormous support and encouragement. Raman Padma Officer Chief Executive Planning 2002, all Commissioners and staff April In our in a planning day to revisit involved were strategic plan, determine our and devise years for the next three directions The planning day our annual action plan. Commissioners and facilitated by sessions were an opportunity for the staff and provided and critically reflect organisation to collectively was an important our performance.evaluate It to clear agreed day for the Commission as we and years for the next three strategic directions for the next financial to performance measures also discussed criteria for our We year. and the role program, community law reform composition of advisory committees for and ways to enhance the relationship projects staff and Commissioners. between fit neatly into financial rarely projects Law reform that the Commission has periods. Given year our references receive when we over no control long-term in nature, are and that some projects has been planning processes developing uses a project The Commission now essential. to plan our references management approach and allocate resources. Community engagement The Commission is committed to a law reform of our first full year In that is inclusive. process to develop hard worked have operation, we and to with community groups relationships publicise the functions of Commission. As will outline, the Commission has this report to Victoria throughout extensively travelled seek community input into the law reform we to specific references, relation In process. basic information on also tried to provide have law and to build capacity in the current to specific law reform communities to respond that not all community recognise We proposals. the time or resources or individuals have groups The formal submissions. to prepare a policy in Commission has also developed to submissions that seeks encourage relation maximum community participation. As the Commission recruited newAs the Commission recruited staff was an induction program in the financial year, The Commission and utilised. also developed Scheme and Trainee Youth participated in the youth an Indigenous sought and recruited The Commission Jackomos. trainee, Naida and progress was very with Naida’s impressed at the end her full-time employment offered of her traineeship. The Commission sees itself as a learning reviewing organisation and has spent the year and processes its administrative and improving after the Commission financial systems. Soon designed and implemented was established, we document management a Lotus Notes-based system which is integrated with our contacts The Commission has also developed database. of all our a template for the production our continually refined have We publications. amounts of information site with increasing web and access to all Commission on our projects publications. which provides a which provides development and establishment of financial, development policies and human resource administrative and systems; and utilisation of planning development references for strategic directions, processes and publications; of strategic partnershipsdevelopment with community organisations and other agencies to facilitate greater government community engagement in law reform. The Commission's first full year of operations has been a achievements. It has been an exciting, challenging and extremely In 2001–2, the period for Commissioners and staff. productive the towards Commission completed or made significant progress in addition to establishing a completion of a number projects, range of important internal and procedures. processes convenient guide to a range of workplace issues. guide to a range of workplace convenient Chief Executive Officer’s Report Chief Executive Officer’s of the highlights: Some and financial systems Administrative During its staff highly. The Commission values policies in co- workplace developed we the year, operation with staff on flexible working arrangements, adapting the Department of policies to suit the needs of staff in our Justice a The Commission also developed organisation. Manual and Procedures Policies
6 Victorian Law Reform Commission Annual Report 2001– 02 Organisational Chart
Our Functions
Commission Professor Marcia Neave AO (Chairperson) 8 9 The Honourable Justice David Harper Her Honour Judge Jennifer Coate Victorian LawReform Commission Victorian Law Reform Commission Professor Felicity Hampel SC The Victorian Law Reform Commission was established under Professor Sam Ricketson the Victorian Law Reform Commission Act 2000 as a central agency for developing law reform in Victoria. Executive Assistant Lorraine Pitman The functions of the Commission are: Annual Report2001 nulRpr 01 02 Annual Report 2001– Chief Executive Officer to examine, report and make recommend- Padma Raman ations to the Attorney-General on any proposal Staff member: or matter relating to law reform in Victoria that is referred to the Commission by the – Administrative Officer Attorney-General; 02 ( Executive Assistant Simone Marrocco Lorraine Pitman to examine, report and make recommend- ations to the Attorney-General on any matter that the Commission considers raises relatively minor legal issues that are of general ) community concern if the Commission is satisfied that the examination of that matter Operations Manager Policy and Research Officers Legal Research and will not require a significant deployment of Kathy Karlevski Sangeetha Chandrashekeran (from Nov 2001) Information Officer the resources available to the Commission; Sara Charlesworth (until Dec 2001) Trish Luker to suggest to the Attorney-General that a Chris Dent (from Dec 2001) proposal or matter relating to law reform in Victoria be referred to the Commission by Stephen Farrow the Attorney-General; Michelle Fisher (until Oct 2001) to monitor and co-ordinate law reform Kate Foord (from Dec 2001) Receptionist Librarian activity in Victoria; and Naida Jackomos Nicky Friedman (from Jan 2002) Julie Bransden to undertake educational programs on Ailsa Goodwin (until Oct 2001) (from Jan 2002) any area of the law relevant to a reference, Melanie Heenan (from May 2002) whether past or current. Jamie Walvisch 11 Victorian Law Reform Commission Annual Report 2001– 02 Parliament with high quality, timely, timely, with high quality, Parliament advice on law and effective responsive which is independent of government reform agencies and of the political process; by and Parliament Attorney-General engaging the community in law reform fostering community-wide and by processes proposals; debate on law reform community understanding of law improve to the relevant and legal processes references; Commission’s of emerging concern; and identify areas and financial systems administrative a safe and supportive working provide to supportenvironment the law reform activities of the Commission. Our Objectives of the Commission during The objectives period 2002–5 are: year the three 1. and the Attorney-General to provide 2. advice to the to enhance the Commission’s 3. and of law reform the role to promote 4. and Victoria in law reform to coordinate 5. to maintain efficient and effective establish a high reputation for rigorous for rigorous establish a high reputation community and extensive legal research consultation; and high quality thorough timely, produce which provide recommendations law reform solutions to complex policy issues; innovative and build community trust in government fostering by enhance the democratic process and public understanding of law reform encouraging informed community debates on key issues; within to marginalised groups a voice give the community; is fully informed that the Government ensure which have developments on law reform interstate and overseas; occurred fearless, impartial and independent provide of the day and be advice to the government seen to be doing so; build partnerships with other bodies involved inefficient duplication to avoid in law reform of effort. Our vision is to establish the Victorian Law Reform Commission as agency in Australia. In all its activities, the the leading law reform just, responsive, Commission will contribute to the building of a fair, inclusive and accessible legal system for all Victorians. Our Aspirations The Commission will: Our Vision and Objectives Our Vision Innovative The Commission is committed to progressive simplify which is designed to improve, reform to make will endeavour We and update the law. practical for change which are recommendations to implement and which make the law more accessible. to of the need for law reform aware are We take account of local needs and circumstances as being consistent with national and as well international standards. closely will work We the legal profession with community groups, bodies in addition to and other research and experience in drawing on the initiatives and countries. other States have agencies, we many other law reform Unlike legal information an important in providing role to relevant which are and education on areas with community and will work We our projects. strategies which are legal agencies to develop designed to enhance understanding and application of the law and legal processes. The Commission will establish close links with and agencies both in Australia law reform internationally and will make particular use of new technologies to facilitate productive communication and exchange. Independent Commission has Law Reform Victorian The been established as an independent, organisation with a charter government-funded to facilitate community-wide consultation and and to improve on how advise Parliament is committed to It law. Victorian update which is and public law reform transparent independent of the political process. The Commission has been established as the are There Victoria. agency for major law reform in law a number of other bodies involved including the Department of Victoria, in reform Law Reform the Parliamentary Justice, The groups. Committee and other reference with these bodies to Commission will work and duplication unnecessaryavoid overlap to law reform. approach a coordinated ensure The Victorian Law Reform Commission has committed itself to being to law reform. inclusive, innovative and independent in its approach Inclusive is It The law affects all members of society. important that everyone has an opportunity to to ensure participate of legal review in processes relevant, for change are that recommendations and fair. responsive Commission will Law Reform Victorian The closely with the community to identify work When an area of law in need reform. areas the to the Commission by has been referred will consult widely with we Attorney-General, proposed people who may be affected by who and with individuals groups reforms will seek We expertisehave in the area. making before comments on proposals for change. recommendations The Commission will use flexible and creative strategies to encourage people participate in organisations Many process. the law reform people and individuals to make written require will We evidence formally. submissions or give individuals and which allow use approaches their views in ways that suit to express groups them, including written submissions, oral meetings, discussion at public and private mail and on-line discussion groups. electronic better able to of the community are Members if debates effectively participate in law reform that will ensure We is genuinely open. the process traditionally marginalised groups, people from communities, and remote including regional non-English peoples, people from Indigenous and people with disabilities, speaking backgrounds their views. the opportunityhave to express The Commission is able to suggest minor of general community changes to the law in areas will be asking the community to We concern. which could be advise us on legal problems small-scale changes to the law. by overcome Our Approach
Victorian Law Reform Commission Annual Report 2001– 02 10 13 Victorian Law Reform Commission Annual Report 2001– 02 ) Policy and Research Officers and Research Policy Staff members, from left: members, from Staff Heenan Chandrashekeran and Melanie Sangeetha ( Consultation commenced The second stage of the reference 2001, focusing on consultation. in December with The Commission has consulted extensively and other the public and with service providers Melbourne both in metropolitan professionals met with and have We Victoria. and in regional members of written submissions from received in sexual offences the public with an interest with victims/survivors (women and some law, offences, and many not reported men) who have the been through and have reported who have criminal justice system as complainants. occasions The Commission has met on several Police, Victoria of with representatives particularly with members of the various (SOCA) units, and Child Abuse Offence Sexual from and counsellor/advocates co-ordinators Against Sexual of Centres network Victoria’s support agencies Assault (CASAs), victims’ Assistance Witness including the staff of Victims the from Service and representatives and Assistance Service, representatives Referral Service, members of the of the Court Network Association, the Bar the Criminal judiciary, Legal Victoria Prosecutions, of Public Office of Community Legal Aid, the Federation medical officers and and forensic Centres court registrars. Sexual Offences: Law and Offences: Sexual marking the first stage of marking Sexual Offences on reference The aim of the Commission’s sexual offences is to determine what legislative, changes might be or procedural administrative necessary that the criminal justice to ensure to the needs of responsive system is more The complainants in sexual offences cases. Commission will also consider the types of that might be useful to educational programs and understanding of facilitate a knowledge reforms. any existing and proposed The is divided into two stages. The reference laws on sexual Victorian first stage compared of the draft Model offences with the provisions the second stage, Code. In Criminal Commission is examining the wider issues the implementation of law and raised by to in responding relevant which are procedures The Commission is taking this sexual assault. of the fact that formal in recognition approach may not always changes to laws and procedures in practice. reform in effective result Discussion Paper 2001, the Commission published December In Paper, a Discussion Procedure, a number of legislative canvassed It reference. to specific and asked for responses reforms The questions about possible reforms. concerned both the Paper Discussion Victoria law of sexual offences in substantive also and evidence. It and the laws of procedure the current sought information about how in practice. working are provisions 26 submissions from The Commission received a range of legal and non-legal agencies of the issues which attracted individuals. Some directions included judges’ interest the greatest on consent, the subpoenaing of confidential defence counsel, and the counselling notes by concerning persistent sexual abuse provisions of a child. Disputes to the Attorney- on 24 April 2002. on 24 April Victorian Law Reform Commission Law Reform Victorian the Attorney-General is required to is required the Attorney-General that co-owners be required to specify whether be required that co-owners to be joint tenants or in they are of their interest. common upon registration later disputes This may assist in preventing interest; of co-owners’ about the nature to be con- that joint tenancies be allowed verted into tenancies in common (‘severed’) lodging an instrument at the by of severance a much This will provide Land Registry. quicker and simpler method of severance available; than those currently Civil and Administrative Victorian that the jurisdiction to be given (VCAT) Tribunal the sale or physical division of co- order This will make the land and goods. owned more of ending co-ownership process accessible to most co-owners. Report 2002, the Commission completed February In and forwarded its Report, this reference, Co-owners, Disputes Between contains a number of The Report General. including: recommendations, the reflecting includes a draft Bill The Report which was recommendations, Commission’s of with the assistance of Office prepared Counsel. Parliamentary the Under considering the is now The Government recommendations. Commission’s Act 2000, Act of the Commission within 14 table all reports parliamentary the sitting days of receiving tabled The Attorney-General report. Co-Owners: Report Between Property with a view to introducing The major projects undertaken by the Victorian Law Reform The major projects by the Attorney-General. During 2001-2, referred Commission are the Defences to Homicide, four new references: Commission received Criminal Liability for Intellectual Disability and Compulsory Care, continues on Work and Privacy. Death and Serious Injury, Workplace In February 2002, the Commission on Sexual Offences. the reference on Disputes Between Co-owners. completed its reference References Disputes Between Co-owners the 2001 the Attorney-General, 27 April On asked the MP, Hulls Rob Honourable IV of the Part Commission to review 1958, Law Act simpler and cheaper processes for the resolution simpler and cheaper processes and the sale or co-owners of disputes between property. physical division of co-owned Paper The Commission published a Discussion law in the 2001, describing the current in June with the existing law highlighting problems area, a number of possible reforms. and proposing 2001. 1 August sought by were Submissions a submissions from The Commission received range of organisations and individuals, diverse the Victoria, of including the Law Institute of and the Solicitor-General Bar Victorian practitioners interested as from as well Australia, and litigants. The Commission also consulted with a number aspects of the of individuals on different including members of the Land reference, Civil and Administrative Victorian the Registry, Association, Bankers’ the Australian Tribunal, the Banking Bank, the Commonwealth Victoria. of and the Law Institute Ombudsman the Honourable was also sought from Advice Supreme Chief Justice, AC, Phillips Justice Chief Judge Honour His Victoria; Court of County Court Chief Judge, AO, Waldron Mr Justice and the Honourable Victoria; of Civil and Victorian President, Kellam, Tribunal. Administrative
Victorian Law Reform Commission Annual Report 2001– 02 12 15 Victorian Law Reform Commission Annual Report 2001– 02 outlines Defences to Homicide, Defences 2. To recommend actions, including the recommend To 2. which may of educational programs, development of proposed the effectiveness be necessary to ensure reforms. and procedural administrative legislative, separates homicide into law currently Victorian and manslaughter. two main categories: murder of these offences is defined in legislation. Neither of time as the result over developed They have many of the rules decided cases. Consequently, historical times in different been developed have when, for example, the mandatory penalty for was death, or when many homicides murder men. in the context of duels between occurred This has led to a number of criticisms the law of homicide, and in particular of the defences to the offence of homicide. available which are critics argue that these defences retain Many not consistent notions which are anachronistic is often with contemporary It social values. or condone male argued that they excuse or perpetuate stereotypes patterns of aggression, or sexual race, religion about a person’s that the is for this reason It preference. the reference. Commission has been given Paper Issues 2002, the Commission completed June In publishing two papers. first stage of the project, Paper, An Issues that identifies the areas law in the area, the current and raises some will be the focus of reference of the issues that Commission will be invest- the course of project. igating throughout in the addressed of law are main areas Three it examines the law of self- Firstly, Paper. Issues of the questions raised include: defence. Some scope of the legal test what should be the precise for self-defence; should it contain an objective belief in the element, or should a subjective be necessity to kill in the circumstances women should the law treat sufficient; how to domestic violence? who kill in response Fatal , along with it would be appropriate to reform, narrow or narrow to reform, it would be appropriate extend defences or partial to homicide, excuses and including self-defence, provocation diminished responsibility; is necessary reform or procedural any related that a fair trial is accorded to ensure appropriate or manslaughter, to persons accused of murder such a defence or partial may be excuse where applicable; and sufficiently are plea and sentencing practices in flexible and fair to accommodate differences found offenders who are culpability between or murder guilty of, or plead to, manslaughter. Defences to Homicide 2001 the Attorney-General, 20 September On asked the MP, Hulls Rob the Honourable Commission: examine the law of homicide and To 1. consider whether: Law Victorian these matters, the reviewing In to relevant regard Commission should have Reform Code Officers Criminal of the Model provisions Committee of Committee of the Standing 1998 discussion paper Attorneys-General’s Against the Person Offences in other jurisdictions. and proposals developments
Staff member: Julie Bransden (Librarian) The Commission will also examine how judges The Commission will also examine how to juries, in their directions delivering are telling juries about the particular what they are and definition and meaning of ‘consent’ having is any issue made of there whether there The been a delay in the initial complaint. the broader Commission is keen to explore directions of judges’ issues of comprehensibility ways of assisting and to consider alternative juries with understanding and applying the law to the particular issues in the case. concerns The other component of this research to a the admissibility of evidence relating Attention prior sexual history. complainant’s to whether defence barristers are will be given them observing legislation that requires current notice of their intention to question to provide the complainant about prior sexual history. will also be further monitoring of the There extent to which sexual history evidence is ruled admissible in rape trials. some of the The Commission is also researching to child victims of issues that arise in relation sexual offences, including the often complex in investigating involved multi-agency processes looking are We child abuse allegations. specifically at some of the particular concerns to child witnesses, including tests for relevant of legal competence, the comprehensibility capacity to be compelled language, a child’s to the hearsay exceptions testify against a parent, rule arrange- and an extension of alternative cross-examination. ments including pre-recorded The Commission is also engaging a wide range and of stakeholders on both substantive issues facing victims/survivorsprocedural from been identified which have specific target groups as experiencing particular when disadvantage dealing with the legal system: people (including mental illness, impairments’ ‘mental dementia or brain injury), intellectual disability, speaking backgrounds non-English people from roundtable people. Separate and Indigenous discussions with key stakeholders will be held for each of the groups. describing the findings of Report An Interim is scheduled to be some of these projects the end of 2002. by released The Commission visited Warrnambool in Warrnambool The Commission visited 2002 to in June 2002 and Mildura March to the Sexual conduct consultations in relation met each location we In reference. Offences with victims/survivors as with the local as well Assault (CASA), members Against Sexual Centre (SOCA) and Child Abuse Offence of the Sexual of the representatives Police, Victoria of Unit local legal Assistance Program, Victim agency practitioners, court personnel, welfare and school teachers welfare representatives A community legal education forumworkers. of the representatives where was held in Mildura CASA and the SOCA unit spoke about issue These visits form an important of sexual assault. Victoria part of our engagement with regional towards and assist the Commission to work some of the strategies to address appropriate to in responding specific difficulties involved sexual assault in these communities. Regional in Wangaratta and visits to Shepparton in December 2001 and Geelong September 2001 included consultation with CASAs and SOCA units (see page 25). projects Research The Commission has initiated a number of as part projects of this reference. research conducted into prosecution to research Further for the years Victoria outcomes for rape in 1997/8 to 1998/9, the Commission has now into sexual offences against conducted research to as ‘non- referred people and children, young also looked at the have We offences. rape’ outcomes, such factors influencing prosecution the victim and between as the relationship offender and the location of trial and metropolitan). (rural/regional Victoria being conducted with The research reporting of low focuses on the problem Police in interested are We rates for sexual offences. the factors in reporting, determining trends laid and which influence what charges are general difficulties experienced by victims/survivors, police and sexual assault process. in the context of reporting workers video- in finding out how also interested are We is operating, and audio-taped evidence (VATE) it is used in courts. and how
Victorian Law Reform Commission Annual Report 2001– 02 14 17 Victorian Law Reform Commission Annual Report 2001– 02 the interests of employers and other users of of employers the interests in surveillance, including their interest property and assets, complying with protecting ensuring productivity laws and regulations, places; safe and secure and providing autonomy and of the privacy, the protection and other individuals; dignity of workers and Common- State between the interaction laws, and the jurisdictional limits wealth and Parliament; Victorian imposed on the of building on the work the desirability bodies. of other law reform (b) whether legislative or other measures are or other measures (b) whether legislative is appropriate that there necessary to ensure and of surveillance,control including current emerging methods of surveillance. As part of this examination, the Commission should consider the by models proposed whether any regulatory to surveillance of Commission in relation could be applied in other surveillanceworkers contexts, such as surveillance in places of public for a uniform to the approach to provide resort, of surveillance. regulation the Commission undertaking this reference, In to: regard should have After the launch, Attorney-General expanded the terms to include an inquiry into the taking and over for controls the need, if any, of photographs in the context producing and emerging methods of surveillance.current The Commission is undertaking the workplace first and will section of the reference privacy to surveillance on issues relating in public work places at a later stage of the project. Privacy Law: Options Law: Options Privacy ttorney-General, the Honourable ttorney-General, which outlined possible areas for which outlined possible areas surveillance and monitoring of workers’ communications; and surveillance current by of workers emerging technologies, including the use of video and audio devices on the employers’ or in other places; premises testing of workers, physical and psychological including drug and alcohol testing, medical testing and honesty testing; and their possessions; of workers searching collecting, using or disclosing personal records. information in workers’ (a) whether legislative or other reforms should be or other reforms (a) whether legislative including privacy, that workers’ made to ensure independent contractors, that of employees, is appropriately and volunteers, outworkers the course of this In Victoria. in protected the Commission should consider inquiry, activities such as: Privacy 2001, the Commission published August In Paper, an Information for Reform, discusses how Paper The Information reform. and includes privacy protects the law currently of privacy the protection suggestions as to how could be improved. of these suggestions, dealing with work- Two included and surveillance,place privacy were launched, on 5 March in the terms of reference the A 2002, by MP: Hulls Rob use of surveillance and light of the widespread In technologies in workplaces other privacy-invasive and the potential and places of public resort, these technologies, the benefits and risks posed by Commission will inquire Law Reform Victorian upon: progressively into and report
Staff member: Jamie Walvisch (Policy and Research Officer) Who summarises the This is the first in an ongoing series Occasional Paper Occasional The Commission commissioned Associate to write an Occasional Morgan Jenny Professor published as part of this reference: Paper Legal Why: Looking Beyond Whom and Kills Categories. which is intended to encourage debate and in-depth an opportunity for more provide analysis which may not be possible in traditional publications. law reform Why Whom and Who Kills detail data on homicide in greater Australian and argues that social Paper than in the Issues rather than legal categories, best inform problems, in this area. our thinking about law reform is the publication The next stage in the reference which will include specific Paper, of a Discussion The Commission will then for reform. proposals seeking feed- process, engage in a consultative the community, back and submissions from prior to the publication of a Report. Secondly, the Paper focuses on provocation. In focuses on provocation. the Paper Secondly, certain situations a person who kills because can be convicted of been provoked they have The defence manslaughter rather than murder. has been the subject of much of provocation criticism and the Commission will be examining it is to be whether it should continue to exist. If it will be necessaryretained, to determine the scope of the defence, looking at issues such as test in a person’ the use of ‘ordinary The multicultural society such as Australia. Commission will also look at the issue of gender male operate to excuse provocation bias. Does so, how women? If anger and violence towards combat this bias? do we looks at the Paper the Issues Thirdly, defences of mental impairment, overlapping and automatism, diminished responsibility The main questions raised are: infanticide. which of these defences should form part of our should the defences interact? In and how law, will be looking at whether we particular, should be introduced diminished responsibility into Victorian law. also contains an analysis of Paper The Issues which has been undertaken empirical research on the including data available in this area, of offenders, and sentencing. Overall, prosecution and in this area, is a lack of data available there the Commission intends to undertake research to properly as part in order of the project, in practice. the law is working understand how also examines data drawn from Paper The Issues an overview to give a number of studies in order This has of homicide as a social phenomenon. been done because the Commission believes to work process for the law reform that, in order it is necessary a clear to have most effectively, it is seeking understanding of the social problem to address.
Victorian Law Reform Commission Annual Report 2001– 02 16 19 Victorian Law Reform Commission Annual Report 2001– 02 (2000) and in the Services to People the relevance of the legislative framework to framework of the legislative the relevance impairmentpeople with other cognitive such injury and dual disability brain as acquired (mental illness and intellectual disability); is of whether a court order the relevance or not; and present within the criminal of transfers the process the criminal justice justice system and between system and disability services. In undertaking this reference, the Commission undertaking this reference, In amongst other things, to: regard, should have has been considerable there years recent Over for the concern about the lack of protections rights of people with intellectual disabilities who or others. at risk of harming themselves are in particularly expressed These concerns were report the Auditor-General’s Disability with an Intellectual Forensic Statewide Services’ of Disability review 2001. Services in September it became law, the current researching In to the Commission that lack of apparent for people with and treatment of care regulation seen to be a risk intellectual disabilities who are or others can potentially lead to to themselves serious infringements of rights and freedoms. the principles and objectives under which the principles and objectives would occur; and care compulsory treatment a facility where for approving the process can occur; and care compulsory treatment for admission to such a facility; the process and independent for routine the process decision; in an enforceable that results review that a person can access to initiate the process a review; and seclusion, the the definition of restraint situations in which it can be applied and and requirements; reporting relevant is a need for community based whether there and care. compulsory treatment treatment and care of persons with an and care treatment at risk to intellectual disability who are and the community; themselves for that framework legislative an appropriate and care. compulsory treatment Intellectual Disability and Compulsory Care 2001 the Attorney-General, 21 December On asked the MP, Hulls Rob the Honourable Commission to: I. for the compulsory existing provisions Review II. of on the development recommendations Make should include, amongst framework The legislative other things:
Staff member: Naida Jackomos (Receptionist) Issues Paper Issues Paper, the publication of Information Since the Commission has been undertaking further and is focusing on an examination research can be privacy of the way in which workers’ protected. is scheduled to be published Paper An Issues to further the aims order 2002. In in October will be engaging in a we Paper, of the Issues hope to We wide-ranging consultation process. in with a particularconsult with groups interest issues, such as employer privacy workplace and trade unions, to talk with groups members of the general community. the consultation gain from The feedback we will be veryprocess important to the later stages as it will help us consider the of the project in this area. for reform direction appropriate
Victorian Law Reform Commission Annual Report 2001– 02 18 21 Victorian Law Reform Commission Annual Report 2001– 02 to the Attorney- (i) the way in which, and basis upon which, such criminal liability should be attributed to the entity; (ii) the way in which sentences can be imposed on the entity; personal criminal liability could (iii) how of the be imposed on senior officers/employees a negligent where in circumstances entity, act or omission attributed to the entity causes death or serious injury or to an employee of the entity; worker (b) the issues which arise where it is sought to (b) the issues which arise where impose criminal liability on such entities, including: not been considered issues which have (2) Any under (1), which in the view of Commission of imposition as the result consideration require of criminal liability on public sector bodies. on to report The Commission was required 2002. item (1) no later than 1 March and Serious Deaths (Workplace The Crimes into the 2001 was introduced Bill Injuries) new statutory to create Parliament Victorian and manslaughter’ offences of ‘corporate causing serious injury a body by ‘negligently corporate’. to the The policy decision to apply the Bill been whole of the public sector had already The Commission’s the Government. made by to the Attorney- was confined to reporting role to impose corporate criminal on how General sector entities’. liability on ‘public The Commission forwarded its Report, and Serious Death Workplace for Liability Criminal Sector, in the Public Injury General on 1 March 2002. The Report sets The Report 2002. on 1 March General out a framework for application of the Crimes Injuries) and Serious Deaths (Workplace 2001 to the public sector. Bill . ; ; Public Sector Management Sector Public Public Sector Management and Management Sector Public Public Sector Management and Management Sector Public (i) ‘Agencies’ as defined in section 4 of (i) ‘Agencies’ the 1998 Act Employment to in section 16(1) as referred (ii) ‘Offices’ of the 1998 Act Employment as defined in authorities’ (iii) ‘Public section 5 of the 1998 Act and Employment Criminal Liability for Workplace Death Criminal Liability for Workplace and Serious Injury in the Public Sector 2001 the Attorney-General, December In the gave MP, Hulls Rob the Honourable on: to report Commission a reference to impose criminal liability on public (1) How that bodies corporate sector entities, excluding is if the body corporate the Crown represent or is deemed or under an Act established by or under an by to be a body corporate declared statutory for proposed offences of corporate Act, manslaughter and negligently causing serious with particular injury a body corporate, by questions: to the following reference (a) the imposition of criminal liability on entities: following
Staff member: Chris Dent (Policy and Research Officer) People with Intellectual Disabilities at Risk: with Intellectual People A Legal Framework for Compulsory Care, A Legal Framework outlining these concerns and exploring options Paper The Discussion them. for addressing examines the complex human rights issues that need to be balanced when considering practical the law in this area. ways of reforming and in Paper, the Discussion preparing In planning a community consultation process the issues raised, Commission has around closely with a range of stakeholders and worked the from experts, including representatives Services, of the Office Department of Human academics, and members Advocate, the Public and community legal of the disability advocacy sectors. centre of people with intellectual Group A Reference in assisting disabilities has also been involved an Easy English the Commission to develop and with Paper of the Discussion version that will be designing a consultation process of people with intellectual disabilities. inclusive will continue The consultation process 2002, and and September August throughout of a Report this will inform the development to be made the with recommendations the end of 2002. by Attorney-General Discussion Paper a Discussion The Commission has prepared Paper,
Victorian Law Reform Commission Annual Report 2001– 02 20 The Victorian Law Reform Commission has the power to initiate small-scale community law reform projects and to suggest minor changes to the law in areas of general community concern. In January 2002, the Commission released its first Draft Recommendation Paper for a community law reform project: Failure to Appear in Court in Response to Bail.
Commission of Victoria. We also examined Currently, the procedure used by many how the issue is dealt with in other women’s refuges, particularly those in regional jurisdictions. Statistical research was conducted and rural areas, involves the applicant and a into how often the question of bail arises and support person from a refuge travelling to the Community Law Reform how common is the offence of failing to answer Melbourne Magistrates’ Court in order to bail. Consultations were held with the obtain an interim intervention order. Victorian Aboriginal Legal Service, Victoria In its report Review of Legal Services in Rural Police, Victoria Legal Aid, the Magistrates’ Court and the Indigenous Issues Unit of the and Regional Victoria, the Parliamentary Law 22 23 Department of Justice. Reform Committee recommended that a generic court stamp be introduced to address In January 2002, the Commission published the problem. However, initial research Victorian LawReform Commission Victorian Law Reform Commission Suggestions for community law reform projects The following provide examples of the type of a Draft Recommendation Paper, Failure to conducted by the Commission indicated that emerge in a range of contexts. The Commission projects included in the community law reform Appear in Court in Response to Bail. In the changes to the application form and orders regularly receives correspondence from program during the year. Paper, the Commission recommended repealing would also be needed. These changes could be individuals who have particular concerns about section 4(2)(c) of the Bail Act 1977 and invited achieved by introducing minor changes to the how the law operates or who have encountered members of the community to provide Magistrates’ Court Rules. Any recommendations Failure to Appear in Court a procedural issue which they believe could be comments. The Commission also pointed out the Commission made in the area would have in Response to Bail dealt with more effectively. Community-based that a comprehensive review of the Bail Act to be implemented by the Court rather than Annual Report2001 nulRpr 01 02 Annual Report 2001– organisations, trade unions, business interests In May 2001 the Victorian Aboriginal Legal 1977 is highly desirable. Parliament. and other groups have drawn attention to Service wrote to the Commission asking it to The Commission received 11 submissions in The Commission has drafted a short Report on particular issues. Sometimes, suggestions for review the operation of section 4(2)(c) of the response to the Paper. One submission, from this matter recommending some changes to the small-scale law reform projects arise in the Bail Act 1977. Section 4(2)(c) covers the Victoria Police, opposed the draft Magistrates’ Court Rules involving minor
context of consultation for other projects. In situation where people who have been charged recommendation and supported amending – changes to court forms. However, as the 02 other instances, the projects may be referred to with offences are released on bail to appear in section 4(2)(c) instead. The remainder Magistrates’ Court of Victoria is already us by other agencies. court on a particular date and fail to appear on supported the Commission’s recommendation. undertaking a review of its internal processes in that date. The court can issue a warrant for the During the year, the Commission received a relation to domestic violence and as a more police to arrest those people and bring them to The Commission has prepared a Report, number of suggestions for community law substantial review of the law concerning court. Under the Bail Act 1977, they will be which will become available once it is tabled reform projects from individuals and domestic violence in Victoria is possible, the held in custody until the court hears the charge in Parliament by the Attorney-General. This is organisations. In some instances, the proposals Commission has decided that it is inappropriate and can only be released on bail again if they likely to occur in late 2002. were beyond the scope of the Commission’s to release a report on this issue at this stage. satisfy certain tests. work or were too large to be regarded as Protecting the Confidentiality community law reform projects. If a suggestion The Victorian Aboriginal Legal Service noted in of the Location of Applicants for Service of Notices under the is identified as a potential community law its letter to the Commission that in the Intervention Orders Road Safety Act 1986 reform project, the Commission undertakes Aboriginal community there can be a range of In October 2001 the Commission received a initial research and conducts informal environmental and cultural reasons why a In June 2001, the Commission received a letter letter from a magistrate expressing concern about consultations prior to a decision being made as person may fail to answer bail. Because the from a women’s refuge in Ballarat drawing the potential for injustice to arise due to amend- to whether to proceed with the project. section does not permit these factors to be attention to an issue concerning the protection ments made in 1998 to the Road Safety Act taken into account, people charged with minor of the confidentiality of the location of At a Strategic Planning Meeting held in April 1986 regarding the service of certain notices. offences can be remanded in custody even applicants for intervention orders. 2002, the Commission decided to establish an though they are unlikely to receive a sentence Advisory Council to strengthen the The refuge raised concerns about the fact that Under the Act, if drivers accumulate 12 or of imprisonment if found guilty of the offence Commission’s links with the community and to as interim intervention orders disclose the more demerit points during a three year period, for which they have been charged. ensure greater input by the community into the location of the court where the application has they have two options: either their licences will be suspended or they can elect to extend the Commission’s work. One of the functions of The Commission conducted initial research, been made and the name of the registrar of the the Council will be to provide advice on including recommendations made by the Royal court, perpetrators can potentially locate the demerit point period for a further 12 months. directions and priorities for community law Commission into Aboriginal Deaths in victim. This is especially the case in country If drivers choose the latter option and then reform projects. Custody and the previous Law Reform locations where centres are likely to have only accumulate any further demerit points, their one Magistrates’ Court. licences will be suspended for six months. Community Outreach and Education
During the year, the Commission focused on establishing and developing relationships with communities and organisations in regional and rural Victoria.
Section 25(3) of the Road Safety Act 1986 Indemnity of Employers for Regional and rural outreach Then, on 27 September 2001, the Commission requires VicRoads to serve a notice on a driver Liability of Employees visited Morwell and met with representatives of During the year, representatives of the 24 who has accumulated more than 12 demerit the following agencies: 25 A suggestion for a community law reform Commission visited the Gippsland region, points. This gives the driver the opportunity to project was made by Professor Greg Reinhardt Shepparton and Wangaratta, and Geelong as Gippsland Community Legal Centre notify VicRoads if she or he wants to elect to Victorian LawReform Commission Victorian Law Reform Commission of the Australian Institute of Judicial part of our community outreach program. In extend the demerit point period. If the driver Latrobe Community Health Services Administration. each location, the Commissioner, Marcia Neave, does not notify VicRoads within 14 days of the and CEO, Padma Raman, held meetings with Anglicare notice, the licence will be suspended for three Under the common law developed in the case representatives of community, government and months. Penalties for driving while under Lister v Romford Ice and Cold Storage Co Ltd Kilmany Family Services legal agencies. In addition to introducing suspension range from $3000 to two years [1957] AC 555, there is an implied term in a Berry Street (Child and Family Services) ourselves and outlining our current projects, imprisonment, depending on whether it is a contract of employment that an employee will these meetings also provide an opportunity for Quantum Youth Services first or subsequent offence. indemnify an employer for any damages and Annual Report2001 nulRpr 01 02 Annual Report 2001– groups to identify areas of the law which could costs which arise as the result of the negligent Salvation Army Under section 25(4A) of the Road Safety Act 1986, be improved through law reform and to advise acts of an employee. This generally means that a notice sent by post addressed to the holder of on consultation strategies. Lifeline the employer’s insurer will be able to recover a licence at his or her current address (as shown Gippsland CASA damages and costs from the employee or his or On 3-4 September 2001, the Commission on any record maintained under the Act) must (Centre Against Sexual Assault ) her insurer. visited Shepparton and Wangaratta and met – be taken to have been served on that person 14 02 with representatives of the following agencies: Tyler Tipping & Woods days after the date of issue of the notice. In New South Wales, South Australia and the Northern Territory, legislation has been Goulburn Valley Community Health Service The Magistrate’s letter indicated that the intro- passed which abrogates this rule. No such duction of this section may have inadvertently Victims Assistance Program On 17 December 2001, the Commission visited legislation has been passed in Victoria, although removed the defence of honest and reasonable the Barwon region and met with representatives the rule has been modified by the Transport Marian Community mistake of fact. This defence is available to a of a number of agencies, including the following: Accident Act 1986 and the Accident charge of driving whilst disqualified if the Women’s Health Goulburn Valley Compensation Act 1985. Baysa Youth Services defendant honestly believed that, at the time of Sexual Offences and Child Abuse Unit, committing the offence, he or she was licensed Consideration of this issue has been deferred, Victoria Police Barwon CASA (Centre Against Sexual Assault) and had reasonable grounds for that belief. pending reform of the law of medical and Ethnic Communities Council Wathaurong Aboriginal Co-operative public liability. This issue has not been considered by a superior Regional Information and Advocacy Council Victoria Legal Aid court. However, the Commission conducted Geelong Community Legal Service Inc. research and concluded that section 25(4A) Magistrates’ Court does not negate the defence of honest and Law Institute of Victoria Geelong Law Association reasonable mistake of fact. This is supported by Goulburn Valley CASA Magistrates’ Court the principle of statutory interpretation that (Centre Against Sexual Assault) Villamanta Legal Service Parliament is presumed not to have intended to affect basic principles of criminal responsibility Pathways Accommodation and unless that intention has been clearly stated. Support Program In each of these locations, the Commission Victorian Aboriginal Legal Service received a warm reception and found the Cooroonya House meetings useful and productive. Additional visits to Warrnambool and Mildura were also Ovens & King Community Health Service conducted as part of the consultation for the Department of Human Services, reference on sexual offences (see page 13). Housing and Community Care 27 Victorian Law Reform Commission Annual Report 2001– 02 ) Requested topic Issues of Law Reform ( To Everything There is a Season To An Inclusive Law Reform Commission Marcia Neave , Keynote Address , Keynote Annual Dinner and Vice Versa Victorian Legal Group Law Section Women’s Reference The VLRC’s Privacy Annual General Meeting and my Views Regarding Critical Current Foundation LectureAnnual General Meeting Some Challenges for the Future Official Opening and Law, Association Annual Conference Address Keynote The New VLRC Business Make it Your Privacy Conference Diversity Conference 2001: Reconciliation, Multiculturalism, Immigration and Human Rights Victoria PoliceViolence Service, Annual General Meeting and Negotiating Competition Sexual Offences Reference Advisory Committee, Women’s Conference Australian and New Zealand Psychology Association of Psychiatry, to Law Reform 6 Sept 2001 Maurice Blackburn Cashman Marcia Neave 30 August 2001 Barristers’ Association Women How Law Constructs Gender10 Sept 2001 Springvale Monash Legal Service as a Law Reform Commissioner My Work Marcia Neave Marcia Neave 16 Oct 2001 Australians Against Child Abuse Sexual Offences—Options for Reform Marcia Neave 27 Nov 2001 Victorian Commercial Teachers’27 Nov 2001 Inclusive, Innovative and Independent— Department of Human Services Raman Padma 1 Dec 2001 Law Reform— Privacy 6 Dec 2001 Sexual Assault and Child Abuse Unit1 Dec 2001 on the VLRC’s Work Marcia Neave Domestic Immigrant Women’s 15 Feb 2002 The VLRC’s Sexual Offences Reference Australian Client Interviewing18 Feb 2002 Marcia Neave Federation of Australia, Police Judge Marcia Neave The VLRC’s Sexual Offences Reference Marcia Neave Raman Padma 10 July 200113 August 2001 Hampton Rotary Club Amnesty International Reference The VLRC’s Privacy Being Watched? Are You Marcia Neave 5 Oct 200111 Oct 2001 Marcia Neave staff Victoria University, Monash Law School23 Oct 2001 of the VLRC The Work 21 Nov 2001 Legislation Alert LAAMS Privacy Century— Law Reform in the 21st 23 Nov 2001 Department of Human Services Conference Chairperson Annual Conference of the Sexual Offences Laws Reform of Victoria’s Marcia Neave Marcia Neave Marcia Neave A Multi-Disciplinary Approach Marcia Neave Marcia Neave Speaking engagements Speaking (June 2002) (June (June 2002) (June by Associate Professor Associate Professor by (Brochure) (Brochure) What Should the Law Say About People People About the Law Say What Should at Risk Who are Disabilities with Intellectual People? or Other Themselves of Hurting English in Easy Discussion Paper Paper Issues to Homicide: Defences Why: Looking Beyond Whom and Who Kills Legal Categories 2002) (June Morgan Jenny Changing Think About You What Us Tell the Law Policy Privacy Say Your Assault and the Law—Have Sexual (Brochure) All publications are distributed to a wide range All publications are of individuals and organisations in the legal and academic government, community, of charge upon free available They are sectors. and can also be downloaded to anyone request site. our web in PDF format from site Web its The Commission has continued to develop during site
Victorian Law Reform Commission Annual Report 2001– 02 26 5 March 2002 Ethnic Communities Council The VLRC’s Sexual Offences Reference Padma Raman of Victoria, Women’s Committee 8 March 2002 WASH (Working Against Sexual Assault and Sexual Harassment— Marcia Neave Sexual Assault) Seminar Some Parallel Policy Issues Financial Statements 8 March 2002 Department of Justice One Step Forward, Two Steps Back Marcia Neave International Women’s Day, Lecture 15 March 2002 Genetic Health Services, Victoria Guthrie Cards Marcia Neave
28 21 March 2002 Reichstein Foundation, Forum The ‘Inclusive and Innovative’ Aspects of the Marcia Neave 29 VLRC’s Work on Sexual Offences and Ways in Which Reichstein is Contributing to our Victorian LawReform Commission Victorian Law Reform Commission Partnership with Various Parts of the Community 22 March 2002 Law Institute of Victoria The Role of the VLRC Sangeetha The following pages provide the Financial Statements VCE Legal Studies Chandrashekeran for the Victorian Law Reform Commission for the year School Lecture Series 1 July 2001–30 June 2002. 22 March 2002 Office of the Public Advocate The VLRC’s Reference on the Compulsory Marcia Neave Roundtable Discussion Treatment and Care of Persons with Intellectual Disabilities Annual Report2001 nulRpr 01 02 Annual Report 2001– 11 April 2002 University of Melbourne The Work of the VLRC Marcia Neave Criminology Department, Lecture 3 May 2002 Monash University Fact Finding in Administrative Proceedings: Marcia Neave Factors Affecting Decision Making— –
Race and Gender Issues 02 9 May 2002 La Trobe University Legal Studies Working at the VLRC Trish Luker Careers Seminar 4 June 2002 ABC Radio National Interview on Victimless Crimes Marcia Neave Geraldine Doogue 20 June 2002 Australasian Law Reform Law Reform in the Age of Managerialism Marcia Neave Agencies Conference
Other Activities
Occupation Health and Safety Whistleblowers During 2001–2, the Commission ensured The Whistleblowers Protection Act 2001 human and financial costs of occupational encourages and facilitates disclosures of improper injury and illness to its staff members were conduct by public officers and public bodies. reduced by providing individual ergonomic For the 12 months ending 30 June 2002, the work site assessments by qualified professionals. Commission did not receive any disclosures. Most staff also took advantage of the subsidised Freedom of Information influenza immunisation program organised by the Department of Justice. The Freedom of Information Act 1982 allows the public the right to access documents held by the Commission. For the 12 months ending 30 June 2002, the Commission did not receive any applications. Statement of Financial Performance Statement of Financial Position for the year ended 30 June 2002 as at 30 June 2002
6 April – Notes 2002 30 June 2001 Notes 2002 2001 $ $ $ $
REVENUE FROM ORDINARY ACTIVITIES CURRENT ASSETS Government Cash assets 16 400 400 Grant—Department of Justice 3 928,300 404,000 Receivables 4, 16 443,169 52,062 Other income—Legal Practice Board 3 950,000 0 Total Current Assets 443,569 52,462 30 Resources received free of charge 3, 9 0 451,012 31
Total Revenues from Ordinary Activities 1,878,300 855,012 Victorian LawReform Commission Victorian Law Reform Commission NON-CURRENT ASSETS EXPENSES FROM ORDINARY ACTIVITIES Plant and equipment 9 452,226 451,012
Employee entitlements 5.1 (966,057) (207,626) Total Non-current Assets 452,226 451,012 Supplies and services 6 (248,601) (84,234) Depreciation and amortisation 7 (108,813) (22,024) Annual Report2001 nulRpr 01 02 Annual Report 2001– Capital asset charge (38,790) (4,292) TOTAL ASSETS 895,795 503,474 Other expenses from ordinary activities 8 (266,229) (96,582)
Total Expenses from Ordinary Activities (1,628,490) (414,758)
CURRENT LIABILITIES – 02
Payables 10, 16 96,907 31,300 Provisions 5.2 48,333 13,988 RESULT FROM ORDINARY ACTIVITIES 249,810 440,254 Total Current Liabilities 145,240 45,288 NET RESULT FOR THE REPORTING PERIOD 249,810 440,254
NON-CURRENT LIABILITIES
Provisions 5.2 26,261 17,932 TOTAL CHANGES IN EQUITY OTHER THAN THOSE RESULTING FROM TRANSACTIONS WITH THE VICTORIAN STATE GOVERNMENT IN ITS CAPACITY AS OWNER 11 249,810 440,254 TOTAL LIABILITIES 171,501 63,220
NET ASSETS 724,294 440,254
EQUITY
Contributed capital 11 474,484 0 Accumulated surplus 11 249,810 440,254
TOTAL EQUITY 724,294 440,254
The Statement of Financial Performance should be read in conjunction The Statement of Financial Position should be read in conjunction with the accompanying notes. with the accompanying notes. Statement of Cash Flows Notes to and Forming Part of the Financial Statements for the year ended 30 June 2002 for the year ended 30 June 2002
6 April – 1(A) ESTABLISHMENT Notes 2002 30 June 2001 $ $ The Victorian Law Reform Commission was proclaimed on 6 April 2001 and prepared financial statements for the first time last year in accordance with Australian Accounting Standards. These CASH FLOWS FROM OPERATING ACTIVITIES financial statements have been prepared in relation to the year ended 30 June 2002 with comparative figures for the period from establishment to 30 June 2001. The entity was incorporated under the Receipts from the Department of Justice 537,193 351,938 Victorian Law Reform Commission Act 2000 (Act No. 44/2000). Receipts from other entities 950,000 0 The funding available to the Commission comprises amounts paid to it under section 383(2) of the 1,487,193 351,938 32 Legal Practice Act 1996 and money appropriated by the Parliament of Victoria for the purposes of the 33 Commission. Payment to suppliers and employees (1,411,396) (318,663) The Attorney-General directed the Commission be allocated funds from the Law Reform and Research Victorian LawReform Commission Victorian Law Reform Commission Account. These monies are held by the Legal Practice Board until they are deposited in the Victorian 15 33,275 Net Cash Inflow From Operating Activities 75,797 Law Reform Commission’s trust account. The Department of Treasury and Finance, in establishing the trust fund, stipulated ‘the trust fund CASH FLOWS FROM INVESTING ACTIVITIES amounts and appropriation amounts must be used equally to meet the operating and capital expenses of the VLRC i.e. the appropriation funds are not to be exhausted in the first instance to allow the VLRC Capital purchases/Department of Justice funding to accumulate investment income from Trust Funds.’ The Department of Justice monitors the equal use Annual Report2001 nulRpr 01 02 Annual Report 2001– Shortfall re: depreciation and fixed assets retirement 0 (32,875) of the trust funds and appropriation amounts for operating and capital expenditure of the Commission. Payments for property, plant and equipment (84,622) 0
Net Cash (Outflow) From Investing Activities (84,622) (32,875) 1(B) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES – 02 The following summary explains the significant accounting policies that have been adopted in the CASH FLOWS FROM FINANCING ACTIVITIES preparation of these financial statements. Unless otherwise stated, such accounting policies are consistent with those used in the previous year. Proceeds from capital contribution by State Government 8,825 0 (a) Basis of accounting Net Cash Inflow (Outflow) From Financing Activities 8,825 0 This general purpose report has been prepared for the Victorian Law Reform Commission in accordance with the Financial Management Act 1994, Australian Accounting Standards and other mandatory professional reporting requirements.
NET INCREASE (DECREASE) IN CASH HELD 0 400 The report has been prepared in accordance with the historical cost convention, on an accrual basis.
Cash at beginning of the financial year 400 0 (b) Revenue recognition (i) Grants and resources received free of charge 15 400 CASH AT END OF THE FINANCIAL YEAR 400 Grants whether current, capital, special or other grants, and resources received free of charge are recognised as revenue in the Statement of Financial Performance, when the entity obtains control over the respective assets. Control over grants and granted assets is normally obtained upon their receipt or official notification, whichever is earlier. Resources received free of charge are recognised at their fair value and are only recognised when a fair value can be reliably determined and the services would normally be purchased, if not donated.
The Statement of Cash Flows should be read in conjunction with the accompanying notes. Notes to and Forming Part of the Financial Statements Notes to and Forming Part of the Financial Statements for the year ended 30 June 2002 for the year ended 30 June 2002
Where resources free of charge recognised as revenue during the reporting period were obtained on (e) Depreciation of non-current assets the condition that they be expended in a particular manner or used over a particular period, and those Items of property, plant and equipment, excluding motor vehicles, are depreciated over their expected conditions were undischarged as at the reporting date, the nature of and amounts pertaining to those useful lives to the entity. undischarged conditions are disclosed in the notes. Depreciation is calculated on a straight line basis in accordance with Australian Accounting Standard (ii) Other income (AAS) 4—Depreciation. Other income is recognised when control over the revenue or the right to receive the funds supporting Estimates of remaining useful lives, for all assets, are made regularly with annual reassessments for the revenue exists. major items. 34 35 Assets are depreciated from the date of acquisition, or transfer, and where they have been re-valued, (c) Acquisitions of assets depreciation is charged on the adjusted amount. Victorian LawReform Commission Victorian Law Reform Commission The cost method of accounting is used for the initial recording of all acquisitions of assets controlled by the entity. Cost is determined as the fair value of the assets given as consideration plus costs incidental to their acquisition, including architects' fees, engineering design fees and all other costs Depreciation rates are as follows: 2002 2001 incurred in getting the assets ready for use. • Computer equipment 33% 33% Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and • Plant and equipment 10% 10% revenues at their fair value at the date of acquisition. Leasehold assets are amortised over the period of the lease, from the date of acquisition, or transfer, Annual Report2001 nulRpr 01 02 Annual Report 2001– Fair value means the amount for which an asset could be exchanged between a knowledgeable, willing and where they have been re-valued, amortisation is charged on the adjusted amount. buyer and a knowledgeable, willing seller in an arm's length transaction. All assets valued at over 2002 2001 $1,000 are capitalised. • Fit out Life of Lease Life of Lease
(d) Revaluations of non-current assets –
The life of the lease is 6 years as from 6 April 2001. 02 Subsequent to the initial recognition as assets, non-current physical assets, other than plant and equipment, are measured at fair value. Plant and equipment are measured at cost. Revaluations are (f) Employee entitlements made with sufficient regularity to ensure that the carrying amount of each asset does not differ (i) Salaries, wages and annual leave materially from its fair value at the reporting date. Revaluations are assessed annually and Liabilities for salaries, wages and annual leave are recognised, at current pay rates, as the amount supplemented by independent assessments, at least every three-years. Revaluations are conducted in unpaid at the reporting date, in respect of employees' services up to that date. accordance with the Department of Treasury and Finance's Policy Paper Valuation of Non-Current Physical Assets. Annual leave, sick leave and long service leave expenses paid as ordinary pay are recognised separately. Revaluation increments are credited directly to the asset revaluation reserve, except that, to the extent (ii) Long service leave that an increment reverses a revaluation decrement in respect of that class of asset previously recognised as an expense in net result, the increment is recognised immediately as revenue in net The Victorian Law Reform Commission has, in accordance with AAS 30—Accounting for Employee result. Entitlements, assessed the liability for employee entitlements, and the amount represents the obligation at present to pay entitlements that result from services provided up to balance date. Revaluation decrements are recognised immediately as expenses in the net result, except that, to the Liabilities for employee entitlements to wages, salaries and annual leave are accrued at nominal rates. extent that a credit balance exists in the asset revaluation reserve in respect of the same class of assets, they are debited directly to the asset revaluation reserve. Liabilities for employee entitlements for long service leave represent the value at present of the estimated future cash flows to be made to employees for services provided up to the balance date. Revaluation increments and decrements are offset against one another within a class of non-current In determining the liability for employee entitlements, consideration was given to future increases in assets. wages and salary rates and to experience with staff departures. Related on-costs are also included in the liability. The current liability for long service leave is calculated on the basis of employees' leave patterns. Related on-costs have also been included in the liability. Notes to and Forming Part of the Financial Statements Notes to and Forming Part of the Financial Statements for the year ended 30 June 2002 for the year ended 30 June 2002
(iii) Superannuation (l) Capital asset charge The superannuation expense for the reporting period is determined by the Government Actuary. It The capital asset charge is imposed by the Department of Treasury and Finance and represents the reflects the present value of anticipated future payments to be made by the Victorian Superannuation opportunity cost of capital invested in the non-current physical assets used in the provision of outputs. Fund to beneficiaries as calculated by him. No liability is shown for superannuation in the Statement The charge is calculated on the carrying amount of non-current physical assets (excluding heritage of Financial Position, or the accompanying notes, as the aggregate unfunded liability is assumed by the assets). Department of Treasury and Finance. (m) Contributed capital (g) Goods and services tax (GST) 36 Consistent with Urgent Issues Group (UIG) Abstract 38 Contributions by Owners Made to Wholly- 37 Revenues, expenses and assets are recognised net of GST except where the amount of GST incurred Owned Public Sector Entities, appropriations for additions to net assets have been designated as is not recoverable, in which case it is recognised as part of the cost of acquisition of an asset or part contributed capital. Other transfers that are in the nature of contributions or distributions have also Victorian LawReform Commission Victorian Law Reform Commission of an item of expense. The net amount of GST recoverable from, or payable to, the Australian Taxation been designated as contributed capital. Office (ATO) is included as part of receivables or payables in the Statement of Financial Position. The GST For the reporting period ending 30 June 2002, the entity has deemed all its accumulated surplus component of a receipt or payment is normally recognised on a gross basis in the Statement of Cash Flows of $440,254 as the opening balance for contributed capital. This accounting treatment is to comply in accordance with Accounting Standard AAS—28 Statement of Cash Flows. As the Department of Justice with UIG Abstract 38 Contributions by Owners Made to Wholly-Owned Public Sector Entities and manages the GST transactions on behalf of the Victorian Law Reform Commission (VLRC), the VLRC GST Accounting and Financial Reporting Bulletin No. 39 Accounting for Contributed Capital and No. 40 components of its receipts and/or payments are recognised in the Department's financial statements. Establishment of Opening Balances and Formal Designation for Contributed Capital. The change Annual Report2001 nulRpr 01 02 Annual Report 2001– Costs incurred to update existing systems or to design, develop and implement new systems to deal in accounting policy has resulted in the recognition, in the Statement of Financial Position, as at with the goods and services tax are charged as expenses incurred, except where they result in an 1 July 2001 of an opening balance of $440,254 as contributed capital (6 April 2001—$0) and $0 enhancement of future economic benefits and are recognised as an asset. amount for the accumulated surplus (6 April 2001—$0).
(h) Cash (n) Comparative figures – 02 For purposes of the Statement of Cash Flows, cash includes cash on hand and cash equivalents As the Victorian Law Reform Commission was established on 6 April 2001, comparative figures in which are highly liquid investments with short periods to maturity which are readily converted to the Statement of Financial Performance and the Statement of Cash Flows are for the period from cash on hand at the investor's option and are subject to an insignificant risk of changes in value. establishment to 30 June 2001.
(i) Debtors and receivables (o) Rounding of amounts All debtors and receivables are recognised at the amounts receivable, as they are due for settlement Amounts in the financial report have been rounded to the nearest dollar. after no more than 30 days. Collectability of debtors and receivables is reviewed on an ongoing basis. Debts which are known to be uncollectable are written off. A provision for doubtful debts is raised where some doubt as to collection exists and in any event, where the debt is more than 180 days 2 OUTPUT OF THE COMMISSION overdue. The Commission undertakes legal and empirical research and provides policy advice to the Victorian (j) Creditors and accrued liabilities Government on law reform issues referred to the Commission by the Attorney-General, undertakes research and makes recommendations on minor law reform issues raised in community consultations These amounts represent liabilities for goods and services provided to the entity prior to the end of or suggested by the judiciary, the legal profession or community legal centres, and implements the financial year and which are unpaid. The amounts are unsecured and are usually paid within 30 proposals through new or amending legislation and administrative reforms. days of recognition. No separate schedule has been prepared as the Commission has only one output group and the (k) Recognised financial instruments Statement of Financial Performance effectively provides the relevant information. The following methods and assumptions are used to determine the net fair values of financial assets and liabilities. Cash and cash equivalents: The carrying amount is the principal amount. Trade creditors and accruals: Liabilities are recognised for amounts to be paid in the future for goods and services received, whether or not invoiced, and are usually paid within 30 days from date of invoice. Notes to and Forming Part of the Financial Statements Notes to and Forming Part of the Financial Statements for the year ended 30 June 2002 for the year ended 30 June 2002
6 April – 6 April – 2002 30 June 2001 2002 30 June 2001 $ $ $ $
3 GRANTS 5 EMPLOYEE ENTITLEMENTS (CONTINUED) Grant—Department of Justice 928,300 404,000 5.2 PROVISION FOR EMPLOYEE ENTITLEMENTS Other income—Legal Practice Board (refer Note 1A) 950,000 0 Provision for annual leave 42,925 11,996 Resources received free of charge 0 451,012 Provision for long service leave 29,179 19,924 38 39 1,878,300 855,012 Accrued salaries 2,490 0
Total 74,594 31,920 Victorian LawReform Commission Victorian Law Reform Commission The Attorney-General directed the Commission be allocated $950,000 from the Law Reform and Research Account for the In the Statement of Financial Position, provision for employee 2001–02 financial year. These monies were held by the Legal entitlements is split between current and non-current as follows: Practice Board until April 2002 when they were deposited in the Victorian Law Reform Commission’s trust account. Current liabilities Annual leave 42,925 11,996 Annual Report2001 nulRpr 01 02 Annual Report 2001– 4 RECEIVABLES Long service leave 2,918 1,992 Accrued salaries 2,490 0 Amount owing from Department of Justice 439,025 51,960 Other debtors 4,144 102 48,333 13,988
443,169 52,062 Non-current liabilities – 02 Long service leave 26,261 17,932 5 EMPLOYEE ENTITLEMENTS
5.1 EMPLOYEE COSTS Total 74,594 31,920 Direct costs Salaries, wages and overtime 745,501 154,972 Sick leave, annual leave and long service leave 71,896 31,920 6 SUPPLIES AND SERVICES Superannuation (refer Note 19) 40,609 7,608 Stationery, consumables and supplies 22,480 26,390 External printing 110,327 21,893 Total direct costs 858,006 194,500 Books, Acts, newspapers, journals 13,569 11,801 Advertising 1,428 1,266 Related on-costs Office equipment costs and maintenance 28,282 7,206 Payroll tax 44,632 9,348 Legal subscriptions 35,998 2,069 Staff training 21,274 3,420 Couriers and freight 1,049 953 Staff training—Youth Employment Scheme 30,208 0 Electronic communication charge 14,181 3,695 Workcover 1,013 358 Other communication expenses 9,720 6,487 Fringe benefits tax 10,924 0 Mobile phone charges 795 830 Postage 10,772 1,349 Total related on-costs 108,051 13,126 Minor communication equipment 0 295
Total 248,601 84,234 Total 966,057 207,626 Notes to and Forming Part of the Financial Statements Notes to and Forming Part of the Financial Statements for the year ended 30 June 2002 for the year ended 30 June 2002
6 April – Reconciliation: 2002 30 June 2001 Reconciliations of the carrying amounts of each class of plant and equipment at the beginning and end $ $ of the current financial year are set out below. 7 DEPRECIATION AND AMORTISATION Leasehold Computer Plant & Depreciation Fitout Equipment Equipment Total Computer equipment 40,743 14,584 2002 $ $ $ $ Plant and equipment 7,748 1,488 Carrying amount at the start 40 41 Amortisation of the financial year 281,866 113,479 55,667 451,012 Leasehold fitout 60,322 5,952 Additions* 97,094 14,183 7,351 118,628 Victorian LawReform Commission Victorian Law Reform Commission Total 108,813 22,024 Transfers (3,524) (17,578) 10,474 (10,628) Depreciation 0 (40,744) (7,747) (48,491) Amortisation (60,322) 0 0 (60,322) 8 OTHER OPERATING EXPENSES Transfers depreciation 0 2,343 (316) 2,027 Airfares 8,833 1,125 Carrying amount at the end Tram, train and taxi fares and other local travel 4,231 760 of the financial year 315,114 71,683 65,429 452,226 Annual Report2001 nulRpr 01 02 Annual Report 2001– Functions, meetings 7,007 4,835 Written down value of fixed assets retired 0 10,852 * Incorporates adjustments due to asset reclassification from previous financial year. Insurance 0 3,892 Professional fees 30,249 4,897 Leasehold Computer Plant & Fitout Equipment Equipment Total
Minor equipment 2,131 8,420 – 2001 $ $ $ $ 02 Rent 119,774 28,538 Cabling, software and computer maintenance 38,438 22,578 Carrying amount at the start of Motor vehicle costs 5,592 855 the period 6 April – 30 June 2001 0000 Miscellaneous 49,974 9,830 Additions 0000 Total 266,229 96,582 Disposals 0 (12,577) 0 (12,577) Transfers 287,818 138,915 57,156 483,889 Depreciation 0 (14,584) (1,489) (16,073) 9 PLANT AND EQUIPMENT—AT COST Amortisation (5,952) 0 0 (5,952) Leasehold fitout 381,388 287,818 Assets written-off depreciation 0 1,725 0 1,725 Less leasehold amortisation (66,274) (5,952) Carrying amount at the end of the Written down value 315,114 281,866 period 6 April – 30 June 2001 281,866 113,479 55,667 451,012
Computer equipment 122,945 126,337 The fixed assets received free of charge from the Department of Justice prior to 6 April 2001 were Less accumulated depreciation (51,262) (12,858) finally evaluated to be the carrying amount of the fixed assets net of depreciation and/or amortisation as at 30 June 2001. Written down value 71,683 113,479
Plant and equipment 74,981 57,156 Less accumulated depreciation (9,552) (1,489)
Written down value 65,429 55,667
Total written down value 452,226 451,012 Notes to and Forming Part of the Financial Statements Notes to and Forming Part of the Financial Statements for the year ended 30 June 2002 for the year ended 30 June 2002
6 April – 6 April – 2002 30 June 2001 2002 30 June 2001 $ $ $ $
10 PAYABLES—CURRENT 13 POST BALANCE DATE EVENTS Trade creditors and accruals 93,907 31,300 There were no significant post balance date events to be reported as at Other creditors 3,000 0 30 June 2002 ($Nil—2001).
Total 96,907 31,300 42 43 14 CONTINGENT LIABILITIES There were no contingent liabilities at balance date not provided for in Victorian LawReform Commission Victorian Law Reform Commission 11 EQUITY AND MOVEMENTS IN EQUITY the Statement of Financial Position as at 30 June 2002 ($Nil — 2001). Balance 1 July 2001 440,254 0 (Accumulated surplus transferred to contributed capital) Additions to contributed capital 8,825 0 15 RECONCILIATION OF THE OPERATING RESULT Assets received free of charge 25,405 0 TO NET CASH USED IN OPERATING ACTIVITIES
Balance 30 June 2002 474,484 0 Operating result 249,810 440,254 Annual Report2001 nulRpr 01 02 Annual Report 2001–
Accumulated surplus Plus/(minus) non cash items: Accumulated surplus at the beginning of the financial year 440,254 0 Depreciation and amortisation expense 108,813 22,024 Accumulated surplus transferred to contributed capital (440,254) Resources received free of charge 0 (451,012) –
Net surplus (deficit) recognised in the Statement of Financial Performance 249,810 440,254 02
Balance at the end of the financial year 249,810 440,254 Change in operating assets and liabilities: (Increase)/decrease in debtors and receivables (391,107) (52,062) Increase/(decrease) in creditors and accruals 65,608 31,300 In the introduction to Note 1, the history of the legal status of the entity Increase/(decrease) in employee entitlements 42,673 31,920 is explained, noting that it both was proclaimed and commenced operations Net book value of fixed assets written-off during period 0 10,851 during the prior financial year.
Net cash from operating activities 75,797 33,275 12 EXPENDITURE COMMITMENTS
12.1 OPERATING LEASES Reconciliation of cash Commitments for minimum lease payments in relation Cash on hand 400 400 to non-cancellable operating leases are payable as follows: Total 400 400 Within 1 year 134,041 132,272 Later than 1 year but not later than 5 years 519,194 573,845 Later than 5 years 0 115,493
653,235 821,610
12.2 CAPITAL COMMITMENTS There were no commitments for capital expenditure as at 30 June 2002 ($Nil—2001). Notes to and Forming Part of the Financial Statements Notes to and Forming Part of the Financial Statements for the year ended 30 June 2002 for the year ended 30 June 2002
16 FINANCIAL INSTRUMENTS 17 RESPONSIBLE PERSON — RELATED DISCLOSURES Credit risk exposure: Maximum exposures to credit risk at balance date in relation to each class of Ministers and Accountable Officers financial asset and liability are the carrying amounts of those assets and liabilities in the Balance Sheet. The carrying amounts of these assets and liabilities In accordance with Ministerial Directions issued by the Minister for Finance under the approximate their fair value and are non-interest bearing. Financial Management Act 1994, the following disclosures are made regarding the Responsible Persons for the reporting period. Interest Rate Risk Exposure—30 June 2002 The persons who held the positions of Ministers and Accountable Officers in the Department 44 are as follows: 45 Fixed Interest Maturing in Non- Floating 1 Year Over 1 to More than interest Total Attorney-General The Hon Rob Hulls MP 1 July 2001 to 30 June 2002 Interest or Less 5 years 5 years Bearing Victorian LawReform Commission Victorian Law Reform Commission $$$$$$ Acting Attorney-General The Hon Bob Cameron MP 22 December 2001 to 29 January 2002 4 July 2001 to 13 July 2001 Financial assets 4 April 2002 to 14 April 2002 Cash ————400400 Receivables 443,169 443,169 Secretary to the Peter Harmsworth 1 July 2001 to 30 June 2002 Department of Justice Total ————443,569 443,569 Acting Secretary to the John Charleson 24 December 2001 to 11 January 2002 Annual Report2001 nulRpr 01 02 Annual Report 2001– Department of Justice 2 May 2002 to 24 May 2002 Financial liabilities Creditors ————96,907 96,907 Remuneration – Total ————96,907 96,907 Remuneration received or receivable by the Accountable Officers in connection with the management 02 of the Department during the reporting period is reported by the Department of Justice. Amounts relating to Ministers are reported in the financial statements of the Department of Premier Interest Rate Risk Exposure—6 April – 30 June 2001 and Cabinet.
Fixed Interest Maturing in Non- Other transactions Floating 1 Year Over 1 to More than interest Total Other related transactions and loans requiring disclosure under the Directions of the Minister for Interest or Less 5 years 5 years Bearing Finance have been considered and there are no matters to report. $$$$$$
Financial assets Responsible Persons Cash ————400400 The names of persons who were Responsible Persons of the Victorian Law Reform Commission, Receivables 52,062 52,062 as stipulated in section 19 of the Victorian Law Reform Commission Act 2000, for the financial year are as follows: Total ————52,462 52,462 Chief Executive Officer Ms Padma Raman
Financial liabilities Statutory Office Holder Creditors ————31,300 31,300 Chairperson Professor Marcia Neave
Total ————31,300 31,300
The net fair value of financial assets and financial liabilities as at 30 June 2002 is their book value. Notes to and Forming Part of the Financial Statements Notes to and Forming Part of the Financial Statements for the year ended 30 June 2002 for the year ended 30 June 2002
17 RESPONSIBLE PERSON — RELATED DISCLOSURES (CONTINUED) 18 REMUNERATION OF AUDITORS Audit fees paid or payable to the Victorian Auditor-General's Office for the audit of the Remuneration of Responsible Persons Victorian Law Reform Commission financial reports: No benefits or remuneration were paid to Responsible Persons of the Victorian Law Reform Commission other than the Chief Executive Officer. 6 April – 2002 30 June 2001 Remuneration received or receivable by the Chief Executive Officer in connection with the management $ $ of the Commission during the period was in the following ranges: Paid as at 30 June Nil Nil 46 Payable as at 30 June* 11,000 5,000 47 Income Band Remuneration* Remuneration* * For the year 2001–02 audit fees payable were not accrued. 2002 6 April to 30 June 2001 Victorian LawReform Commission Victorian Law Reform Commission Total Base Total Base Audit fees for the 2001–02 period are to be paid in the 2002–03 financial year $30,000 – 34,999 1 as the services were rendered in July to September 2002. $35,000 – 40,000 1 $70,000 – 79,999 1 19 SUPERANNUATION FUNDS $80,000 – 89,999 $90,000 – 99,999 1 No liability is recognised in the Statement of Financial Position for the Commission's share of the Annual Report2001 nulRpr 01 02 Annual Report 2001– State's unfunded superannuation liability. The State's unfunded superannuation liability has been Total numbers 1 1 11 reflected in the financial statements of the Department of Treasury and Finance. Total amounts $90,904 $76,401 $39,671 $34,641 The Victorian Law Reform Commission contributes superannuation payments on behalf of its employees to the following superannuation funds: –
* Total remuneration includes wages and salaries, performance and other bonuses, superannuation, 02 motor vehicles and any other allowances. Base remuneration includes wages and salaries only. 6 April – 2002 30 June 2001 $ $
Retirement benefits of Responsible Persons Victorian Superannuation Board (New Scheme) 36,507 6,850 There were no significant transactions between the Victorian Law Reform Commission and the Asgard Capital Management Ltd 3,210 758 Unisuper 892 0 Responsible Person and the Responsible Person and Responsible Person-entities, nor are there other receivables from and payable to Committee Members and Responsible Person-related parties. Total 40,609 7,608 Other insignificant transactions with the Responsible Person and Responsible Person-related parties in their domestic dealings and with normal customer or employee relationships were conducted on terms and conditions no more favourable than those available in similar arm's length dealings. The Victorian Law Reform Commission has employees who are members of both a public-sector superannuation scheme and a private scheme. As at 30 June 2002 these schemes carried total liabilities, including liabilities for members’ benefits, in excess of the value of the schemes’ assets. In line with government policy, the unfunded superannuation liabilities were reflected in the financial statements of the Department of Treasury and Finance. Notes to and Forming Part of the Financial Statements Statement by the Commissioner for the year ended 30 June 2002 and Chief Executive Officer
19 SUPERANNUATION FUNDS (CONTINUED) In our opinion, the financial statements, comprising the Statement of Financial Performance, Statement of Financial Position, Statement of Cash Flows and Notes to the Financial Statements, The public-sector superannuation scheme is as follows: are in accordance with the Financial Management Act 1994 and applicable Australian Accounting Victorian Superannuation Board (New Scheme) Standards. They present fairly the financial transactions during the financial year and the financial position of the Victorian Law Reform Commission as at 30 June 2002. As at the date of signing we Contributions to this scheme vary as follows, depending on the amounts contributed are not aware of any circumstances which would render any particulars in the financial statements by participating employees. to be misleading or inaccurate.
Contributions 48 49 Employee Employer Benefits Victorian LawReform Commission Victorian Law Reform Commission 0% 7.3% 10% (8.5%) of final average salary for each year at the rate. 3% 8.8% 16% (14%) of final average salary for each year at the rate. Professor Marcia Neave 5% 9.8% 20% (17.5%) of final average salary for each year at the rate. Victorian Law Reform Commissioner 7% 10.8% 24% (21%) of final average salary for each year at the rate. The benefit accrual rates in brackets are the accrual rates applying after the change in tax status of the fund in June 1995. Annual Report2001 nulRpr 01 02 Annual Report 2001–
The private sector schemes are as follows: Padma Raman Asgard Capital Management Ltd Chief Executive Officer –
Contributions to this scheme to 30 June 2002 are as follows: 02 Melbourne Employee Employer Benefits 19 September 2002 8% 8% Accumulated value of investment in superannuation fund.
Unisuper Contributions to this scheme to 30 June 2002 are as follows:
Employee Employer Benefits
8% 8% Accumulated value of investment in superannuation fund. Auditor-Generals Office Compliance Index Disclosure Requirements
The Annual Report of the Victorian Law Reform Commission is prepared in accordance with the Financial Management Act 1994 and the Directions of the Minister for Finance. This index facilitates identification of the Commission's compliance with the Directions of the Minister for Finance by listing references to disclosures in this financial report.
Clause Disclosure Page REPORT OF OPERATIONS To the Members of the Parliament of Victoria, the responsible Ministers and the Charter and purpose 50 Victorian Law Reform Commissioner 51 9.1.3(i)(a) Manner of establishment and relevant Minister 33 9.1.3(i)(b) Objectives, functions, powers and duties 11 Audit Scope Victorian LawReform Commission Victorian Law Reform Commission 9.1.3(i)(c) Nature and range of services provided 10 The accompanying financial report of the Victorian Law Reform Commission for the financial year ended 30 June 2002, comprising the statement of financial performance, statement of financial position, statement Management and structure of cash flows and notes to the financial statements, has been audited. The Commissioner is responsible 9.1.3(i)(d)(i) Name of Chief Executive Officer 7 for the preparation and presentation of the financial report and the information it contains. An independent 9.1.3(i)(d)(ii) Names of senior office holders and brief description of responsibility 2, 4–5 audit of the financial report has been carried out in order to express an opinion on it to the Members of the 9.1.3(i)(d)(iii) Organisational structure 8 Parliament of Victoria, responsible Ministers and the Commissioner as required by the Audit Act 1994. Annual Report2001 nulRpr 01 02 Annual Report 2001– The audit has been conducted in accordance with Australian Auditing Standards to provide reasonable Financial and other information assurance as to whether the financial report is free of material misstatement. The audit procedures included 9.1.3(i)(e) Statement of workforce data and merit and equity n/a an examination, on a test basis, of evidence supporting the amounts and other disclosures in the financial 9.1.3(ii)(a) Summary of financial results for the year 42 report, and the evaluation of accounting policies and significant accounting estimates. These procedures 9.1.3(ii)(b) Significant changes in financial position during the year n/a have been undertaken to form an opinion as to whether, in all material respects, the financial report is 9.1.3(ii)(c) Operational and budgetary objectives and performance against objectives 11 – presented fairly in accordance with Accounting Standards and other mandatory professional reporting 9.1.3(ii)(d) Major changes or factors affecting achievement n/a 02 requirements in Australia and the financial reporting requirements of the Financial Management Act 1994, 9.1.3(ii)(e) Subsequent events n/a so as to present a view which is consistent with my understanding of the Commission' s financial position, 9.1.3(i)(f) Application and operation of Freedom of Information Act 1982 28 financial performance and its cash flows. 9.1.3(ii)(h) Compliance with building and maintenance provisions of Building Act 1993 n/a 9.1.3(ii)(k) Statement on National Competition Policy n/a The audit opinion expressed in this report has been formed on the above basis. 9.1.3(ii)(f) Details of consultancies over $100,000 n/a 9.1.3(ii)(g) Details of consultancies under $100,000 n/a Audit Opinion 9.6.2(i)(iv) Disclosure of major contracts n/a In my opinion, the financial report presents fairly in accordance with applicable Accounting Standards and 9.1.3(ii)(i) Statement of availability of other information n/a other mandatory professional reporting requirements in Australia and the financial reporting requirements 9.1.3(ii)(j) Compliance index 51 of the Financial Management Act 1994, the financial position of Victorian Law Reform Commission as at 9.8(i)(ii) Occupational health and safety 28 30 June 2002, its financial performance and cash flows for the year then ended. 9.10.3(i) Budget portfolio outcomes n/a
FINANCIAL STATEMENTS Basis on which financial statements have been prepared and other compliance details 9.2.2(ii)(a) Accrual basis of accounting 33 J W Cameron 9.2.2(ii)(b) Compliance with Australian Accounting Standards (AASs) Auditor General and other authoritative pronouncements 33 9.2.2(ii)(c) Compliance with Ministerial Directions and Accounting and Financial Reporting Bulletins 33 Melbourne 9.2.2(ii)(d) Adoption of the historical cost conventions, except for specified assets 33 21 September 2001 9.2.2(iii) Rounding of amounts 37 9.2.2(i)(d) Notes to the Financial Statements 33–48 9.2.2(iv) Accountable officer's declaration 49 Compliance Index Disclosure Requirements
Clause Disclosure Page FINANCIAL STATEMENTS (CONTINUED) Statement of financial performance 9.2.2(i)(a) Statement of Financial Performance 30 9.2.3(ii)(a) Operating revenue by class 30 9.2.3(ii)(b) Investment income by class n/a 9.2.3(ii)(c) Other material revenue, including disposal of non-current assets n/a 52 9.2.3(ii)(e) Depreciation 40 9.2.3(ii)(f) Bad and doubtful debts n/a 9.2.3(ii)(g) Financing costs n/a
Victorian Law Reform Commission 9.2.3(ii)(h) Net increment or decrement on revaluation recognised in the Statement of Financial Performance n/a 9.2.3(ii)(i) Audit expense 47 9.7.2(i)(ii) Motor vehicle lease commitments 40
Statement of financial position 9.2.2(i)(b) Statement of Financial Position 31 nulRpr 01 02 Annual Report 2001– 9.2.3(iii)(a)(i) Cash at bank and funds held in trust 38
9.2.3(iii)(a)(ii) Inventories by class n/a 9.2.3(iii)(a)(iii) Receivables, including trade debtors, loans and other debtors 38 9.2.3(iii)(a)(iv) Other assets, including pre-payments 41 9.2.3(iii)(a)(v) Investments n/a 9.2.3(iii)(a)(vi) Property, plant and equipment 40 9.2.3(iii)(a)(vii) Intangible assets n/a 9.2.3(iii)(b)(i) Overdrafts n/a 9.2.3(iii)(b)(ii) Other loans n/a 9.2.3(iii)(b)(iii) Trade and other creditors 42 9.2.3(iii)(b)(iv) Finance lease charges n/a 9.2.3(iii)(b)(v) Provisions, including employee entitlements 38 9.2.3(iii)(c)(ii) Contributed capital 37 9.2.3(iii)(d) Reserves, and transfers to and from reserves n/a
Statement of cash flows 9.2.2(i)(c) Statement of Cash Flows during the year 32
Other disclosures in notes to the financial statements 9.2.3(iv)(a) Liability secured by a charge over assets n/a 9.2.3(iv)(b) Contingent liabilities 43 9.2.3(iv)(c) Commitments for expenditure 42 9.2.3(iv)(d) Government grants received or receivable 38 9.2.3(iv)(e) Employee superannuation funds 47 9.2.3(iv)(f) Assets received without adequate consideration n/a 9.4 Responsible Person-related disclosures 45