Annual Report 2008-2009 Department of Justice
Department of Justice
Department of Justice OFFICE OF THE SECRETARY
Level 14 110 Collins Street Hobart PO Box 825 HOBART Tas 7001
19 October 2009
Hon Lara Giddings MP ATTORNEY-GENERAL MINISTER FOR JUSTICE
Annual Report of the Department of Justice for the year ended 30 June 2009 In accordance with the requirements of section 36 of the State Service Act 2000 , section 27 of the Financial Management and Audit Act 1990 and section 52 of the Workplace Health and Safety Act 1995 , I have pleasure in presenting the Annual Report for the Department of Justice for the financial year ending 30 June 2009. Please note that this report also includes the reports by: • the Director, Consumer Affairs and Fair Trading with respect to section 11 of the Consumer Credit (Tasmania) Act 1996 ; and • the Residential Tenancy Commissioner with respect to the Residential Tenancy Act 1997 . I have also provided a copy of this report to the Hon Lisa Singh MP, Minister for Corrections and Consumer Protection and Minister for Workplace Relations, and the Hon David Llewellyn MP, Minister for Planning.
Lisa Hutton SECRETARY DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09
Department of Justice OFFICE OF THE SECRETARY
Level 14 110 Collins Street Hobart PO Box 825 HOBART Tas 7001
19 October 2009
Hon Lisa Singh MP MINISTER FOR CORRECTIONS AND CONSUMER PROTECTION MINISTER FOR WORKPLACE RELATIONS
Annual Report of the Department of Justice for the year ended 30 June 2009 In accordance with the requirements of section 36 of the State Service Act 2000 , section 27 of the Financial Management and Audit Act 1990 and section 52 of the Workplace Health and Safety Act 1995 , I have pleasure in presenting the Annual Report for the Department of Justice for the financial year ending 30 June 2009. Please note that this report also includes the reports by: • the Director, Consumer Affairs and Fair Trading with respect to section 11 of the Consumer Credit (Tasmania) Act 1996 ; and • the Residential Tenancy Commissioner with respect to the Residential Tenancy Act 1997 . I have also provided a copy of this report to the Hon Lara Giddings MP, Attorney-General and Minister for Justice, and the Hon David Llewellyn MP, Minister for Planning.
Lisa Hutton SECRETARY DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09
Department of Justice OFFICE OF THE SECRETARY
Level 14 110 Collins Street Hobart PO Box 825 HOBART Tas 7001
19 October 2009
Hon David Llewellyn MP MINISTER FOR PLANNING
Annual Report of the Department of Justice for the year ended 30 June 2009 In accordance with the requirements of section 36 of the State Service Act 2000 , section 27 of the Financial Management and Audit Act 1990 and section 52 of the Workplace Health and Safety Act 1995 , I have pleasure in presenting the Annual Report for the Department of Justice for the financial year ending 30 June 2009. Please note that this report also includes the reports by: • the Director, Consumer Affairs and Fair Trading with respect to section 11 of the Consumer Credit (Tasmania) Act 1996 ; and • the Residential Tenancy Commissioner with respect to the Residential Tenancy Act 1997 . I have also provided a copy of this report to the Hon Lara Giddings MP, Attorney-General and Minister for Justice, and the Hon Lisa Singh MP, Minister for Corrections and Consumer Protection and Minister for Workplace Relations.
Lisa Hutton SECRETARY DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 Introduction
Table of Contents
1. Introduction...... 1 2. Organisation of the Department...... 6 3. Report on the 2008-09 Targets and Initiatives ...... 9 4. Administration of Justice...... 18 5. Legal Services...... 29 6. Registration Services...... 34 7. Review Services...... 38 8. Electoral Services...... 39 9. Corrective Services...... 40 10. Other Services ...... 55 11. Consumer Services...... 58 12. Industrial Relations Services ...... 69 13. Resource Planning...... 75 14. Workplace Standards...... 79 15. Sullivans Cove Waterfront Authority...... 86 16. Office of the Secretary...... 87 17. Corporate Services...... 90 18. Climate Change ...... 95 19. Consumer Credit (Tasmania) Code...... 98 20. Legislation Administered by the Department ...... 100 21. Location of Services...... 109 22. Staffing Comparisons...... 111 23. Senior Officers of the Department...... 114 24. Superannuation Certificate ...... 116 25. Format of this Report ...... 117 26. Contracts and Consultancies Awarded...... 120 27. Debts, Loss and Damage...... 122 28. Departmental Publications...... 123 29. Financial Statements...... 125 30. Audit Report ...... 212
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 Introduction
1. Introduction The Department of Justice provides services to maintain and promote rights and responsibilities, resolve disputes, and contribute to the aim of a safer and more inclusive society to benefit the Tasmanian community as a whole. The Department reports to the Attorney-General and Minister for Justice, Hon Lara Giddings MP; the Minister for Corrections and Consumer Protection and Minister for Workplace Relations, Hon Lisa Singh MP; the Minister for Planning, Hon David Llewellyn MP; and the Minister for Veterans’ Affairs, Hon Graeme Sturges MP. The Department provides administrative support for the Supreme and Magistrates Courts; Tasmanian Industrial Commission; Tasmanian Legal Aid Commission; Tasmanian Electoral Commission; Workers Rehabilitation and Compensation Tribunal; WorkCover Tasmania Board; Forensic Tribunal; Guardianship and Administration Board; Mental Health Tribunal; Parole Board of Tasmania; the Poppy Advisory and Control Board; Resource Management and Planning Appeal Tribunal; Resource Planning and Development Commission; and the Sullivans Cove Waterfront Authority. It also supports the statutory offices of the Solicitor- General, Director of Public Prosecutions, Public Guardian and the Anti-Discrimination Commissioner. Each of these areas is separately accountable to Parliament. The Department includes: Corrective Services; Crown Law; Office of Consumer Affairs and Fair Trading; Registry of Births, Deaths and Marriages; Workplace Standards Tasmania; Monetary Penalties Enforcement Service; Victims Support Services; Legislation Development and Review; Strategic Policies and Projects; Corporate Services; Industrial Relations (Private Sector); Land Use Planning; and the State Architect.
Strategic Plan
Our Mission and Vision While there are a large number of business units in the Department performing a variety of functions, all have a common purpose, to deliver justice to the community or individuals in that community. The Agency has combined its mission and vision statements into a single statement: “The Agency, in partnership with others, will work towards achieving a safe, fair and sustainable Tasmanian community where the diversity and rights of individuals are respected.”
Our Values This Agency (including its employees) will promote a workplace where: • people are treated fairly and the diversity amongst our staff are encouraged and respected; • all staff are accountable for working to achieve the goals of the Agency; • on-going learning, creativity and participation are valued; • the provision of high quality and effective services is acknowledged as the focus of each working day, and staff are provided with the skills necessary to deliver such services;
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 1 Introduction
• the need to work cooperatively with others outside the Agency is recognised and accepted; and • all the dealings of the Agency are conducted with fairness and integrity. The Department recognises that in order to achieve its desired outcomes it must work closely with the community and other areas of government. In particular, it will coordinate, facilitate and monitor initiatives undertaken by the Courts, Tribunals and statutory officers who are linked to the Department.
Secretary’s Overview
In keeping with recent experience there were several significant changes in personnel and administrative arrangements affecting the agency during the year. In September 2008 the Hon Lara Giddings MP replaced the Hon David Llewellyn MP as Attorney-General and Minister for Justice. Mr Llewellyn was appointed to a new portfolio, Minister for Corrections and Consumer Protection, while the Hon Alison Ritchie MLC took over the portfolio of Minister for Planning and Workplace Relations from the Hon David Bartlett MP. In November 2008 Ms Ritchie resigned from the portfolio necessitating further changes. Planning was separated from Workplace Relations and Mr Llewellyn was appointed as Minister for Planning. The Hon Lisa Singh MP replaced Mr Llewellyn as Minister for Corrections and Consumer Protection and took on the separate portfolio of Minister for Workplace Relations. Finally in April 2009 the Premier announced the creation of a new portfolio of Minister for Veterans’ Affairs to which the Hon Graeme Sturges MP was appointed. The Department of Justice is responsible for one piece of legislation relevant to this portfolio. Changes of this type impose significant extra work on individuals in the agency and I would like to commend the patience and forebearance of the staff of the Office of the Secretary and of Corporate Services in the face of what sometimes seem like impossible demands.
There were also a number of departures from senior positions within the agency. As has been noted elsewhere in this report Cameron Leslie retired as Crown Solicitor in January 2009 after eight years in the role. Experienced Tasmanian legal practitioner Alan Morgan was appointed from private practice as Crown Solicitor in February 2009. One of the agency’s two Deputy Secretaries, Brian Smith, retired at the end of January after a career in the Tasmanian public sector spanning several agencies including Construction, Education and Justice. Brian also held the statutory position of Director of Corrective Services for a number of years. I wish to record my thanks to Brian both for his achievements as a driver of change in Justice and for his support to me as a close colleague. The agency welcomed the appointment of Robert Williams as Deputy Secretary and Director of Corrective Services on 25 February 2009. Robert joined the agency after a career in the Australian Public Service, most recently in Centrelink.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 2 Introduction
A further change in the agency’s executive team occurred with the resignation of the Director of Community Corrections, Marja Elizabeth, on 30 January 2009 to take up a public sector position in South Australia. Ginna Webster has been acting in the position since that time. Tasmania’s first State Architect was appointed on 1 June 2009 to provide strategic and independent advice to the Tasmanian Government on matters relating to planning, urban design and architecture. Peter Poulet was recruited from the office of the Government Architect in New South Wales and brings great enthusiasm and energy to the role. The other significant structural change during the year was the transfer of responsibility for the Sullivans Cove Waterfront Authority from the Department of Infrastructure Energy and Resources to Justice in November to join the agency’s other land use planning responsibilities. Shortly afterwards Hadley Sides took up the position of CEO of the Authority having most recently been employed as General Manager of the Stonnington Council (Victoria). General Manager, Planning and Development, Marietta Wong, had been acting very capably in the role prior to this appointment.
This annual report provides information about the broad sweep of agency activities and initiatives but there are two of which I would like to highlight. The first is the involvement of the agency in implementing aspects of the Premier’s Ten Point Plan to strengthen trust in democracy and political processes in Tasmania. Justice has been the lead agency for : • undertaking a review of the Freedom of Information Act 1991 , with a view to improving access to information for all Tasmanians, as well as improving the administration of the Act; • undertaking a review of the protections for whistleblowers by reviewing the Public Interest Disclosures Act 2002 for improvements, which could be made in the form of amendments to that Act. and • implementing approved protocols and rules for Judicial Appointments. A further aspect of the Plan, a review of resourcing of the office of the Director of Public Prosecution, impacted on the budgetary position of the agency. Outside of the Department’s more traditional justice-related concerns was a review of aspects of the Planning System of Tasmania commissioned by the then Minister for Planning in May 2008. The review was designed to identify and make recommendations on streamlining decision making in the planning system by reviewing the roles and functions of the various components in the planning system. Deputy Secretary Michael Stevens took on the chairing of this review in addition to his normal responsibilities assisted by staff of the Land Use Planning Branch. The Government decided to implement a number of reforms arising out of the Review and these are described elsewhere in this report. Further structural changes have also been implemented a consequence of the Review and will be covered in next year’s annual report.
The final matter I wish to highlight is the impact of the Government’s response to the global economic situation on the agency. A range of Budget Management Strategies were
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 3 Introduction announced in December 2008 to address the significant deterioration in the 2008-09 Budget and Forward Estimates arising from changed conditions. The most broad ranging of these was the application of an efficiency dividend to the agency budget of 2.6% for the second half of 2008/09 continuing into 2009-10, reducing to 0.9% in 2010-11 and 0.6% in 2011-12. The efficiency dividend was applied in 2008-09 to all recurrent Consolidated Fund appropriations, excluding administered and Reserved by law items. Further measures included removing non-salary indexation from agency budgets with a half year effect in 2008-09 and reductions in some areas of initiative funding for the year. Justice, like all other State Service agencies, was obliged to put in place a range of strategies to meet the revised budget task for 2008-09. Thanks to the efforts of agency staff and managers we were able to do so without significant impact on the delivery of services to the community. However this does not come without cost to individuals who have to carry the work of colleagues when vacant positions are unable to be filled. There are also risks to business continuity as the agency is unable to fund maintenance or development of infrastructure to a level which would be considered prudent. The same pressures will continue into 2009-10 and I would like to thank all Justice staff members for their continuing positive response to the demands placed upon them. I am also pleased to acknowledge some relief in the form of additional Crown Law funding and quarantining the office of the DPP from the efficiency dividend announced as part of the 2009-10 budget process. This Annual report can only ever be a snapshot. Many things change during the year and I would encourage anyone who is interested in the agency and its activities to visit our web site regularly at www.justice.tas.gov.au
Lisa Hutton Secretary
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 4 Introduction
Agency wide issues
Pricing policy The Department has some limited activities that require the pricing of goods and services. In accordance with the government’s policy on fees and charges, the department uses pricing models that are in accordance with National Competition Policy. Fees and charges subject to the Fees Units Act 1997 were revised and gazetted in accordance with the provisions of that legislation on 31 March 2009.
Risk Management Policy The Department currently does not have a risk management strategy or policy in place. However, during 2009-10 the Department will be instituting an Internal Audit Charter. The charter will help the Department accomplish its objectives by bringing a systematic and disciplined approach to evaluation and improving the effectiveness of risk management, control and governance processes.
Support for local business The Department of Justice ensures that Tasmanian businesses are given every opportunity to compete for Agency business. It is the Department’s policy to support Tasmanian business whenever they offer best value for money for the Government. See Table 26.1 on page 120 for a summary of the level of participation by local businesses for contracts with a value in excess of $50,000 (excluding GST).
Disability awareness The Department’s Disability Action Plan was released in December 2008 and is currently being implemented. A key initiative to Identifying and addressing the needs of people in Tasmania’s prison population with a disability will be furthered by the development of a strategic plan for corrections by the Minister for Corrections and Consumer Protection; announcement in June 2009.
Climate Change Initiatives The Department of Justice is actively involved in the Emissions Audit Team being coordinated by the Department of Premier and Cabinet. The Audit Team has been established to assist with creating base line measures and future monitoring requirements. Section 18 of this report describes the Agency’s climate change initiatives in more detail.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 5 Organisation of the Department 2. Organisation of the Department The Department comprises a comparatively large number of separate functional units, reflecting the constitutional and/or statutory independence of many of those units. The organisational structure of the Department is shown in the following diagram as at 30 June 2009.
Department of Justice – Organisation Chart
Secretary
Deputy Secretary Deputy Secretary (Director of Corrective Services)
Workplace Standards Crown Law Community Corrections Tasmania
Guardianship and Supreme Court Tasmania Prison Service Administration Board
Magistrates Court Mental Health Tribunal Victims Support Services
Legislation Development Forensic Tribunal Parole Board and Review
Legal Aid Commission of Consumer Affairs and Fair Public Guardian Tasmania Trading
Industrial Relations Land Use Planning Births, Deaths and Marriages (Private Sector)
Resource Management and Tasmanian Electoral Anti-Discrimination Planning Appeal Tribunal Commission Commissioner
Resource Planning and Monetary Penalties Office of the Secretary Development Commission Enforcement Service
WorkCover Tasmania Strategic Policy / Strategic Poppy Advisory and Control Projects Board
Workers Rehabilitation and Corporate Support
Compensation Tribunal Finance, HR, IT, Library
State Architect Tasmanian Industrial
Commission
Operational Review Unit
Sullivans Cove Waterfront Denotes administrative
Authority support only
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 6 Organisation of the Department
Output Structure and Organisational Responsibility
The following table provides the linkage between the Department’s output structure and the part of the organisation responsible for the delivery of each output.
Output Group 1: Administration of Justice
No. Output Organisational Responsibility 1.1 Supreme Court Services Supreme Court 1.2 Magisterial Court Services Magistrates Court 1.3 Enforcement of Monetary Penalties Monetary Penalties Enforcement Service 1.4 Support and Compensation for Victims Victims Support Services of Crime and Others 1.5 Legal Aid Legal Aid Commission 1.6 Mental Health Review and Guardianship Mental Health Tribunal, Forensic Tribunal, Board Decisions Guardianship and Administration Board and Public Guardian
Output Group 2: Legal Services
No. Output Organisational Responsibility 2.1 Crown Law Solicitor General Director of Public Prosecutions Crown Solicitor 2.2 Legislation Development and Review Legislation Development and Review
Output Group 3: Registration Services
No. Output Organisational Responsibility 3.1 Births, Deaths and Marriages Registry of Births, Deaths and Marriages
Output Group 4: Review Services
No. Output Organisational Responsibility 4.1 Anti-Discrimination Anti-Discrimination Commissioner
Output Group 5: Electoral Services
No. Output Organisational Responsibility 5.1 Elections and Referendums Tasmanian Electoral Commission
Output Group 6: Corrective Services
No. Output Organisational Responsibility 6.1 Prison Service Tasmania Prison Service 6.2 Community Corrective Service Community Corrections Service
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 7 Organisation of the Department
Output Group 7: Other Services
No. Output Organisational Responsibility 7.1 Supervision of Poppy and Hemp Crops Poppy Advisory & Control Board
Output Group 8: Consumer Services
No. Output Organisational Responsibility 8.1 Maintenance of a Fair, Safe and Equitable Office of Consumer Affairs and Fair Trading Market Place
Output Group 9: Industrial Relations Services
No. Output Organisational Responsibility 9.1 Services of the Tasmanian Industrial Tasmanian Industrial Commission Commission 9.2 Workers Rehabilitation and Workers Rehabilitation and Compensation Tribunal Compensation Tribunal Decisions 9.3 Industrial Relations Policy and Advocacy Industrial Relations (Private Sector) Services
Output Group 10: Resource Planning
No. Output Organisational Responsibility 10.1 Land Use Planning Land Use Planning Branch State Architect 10.2 Resource Planning and Development Resource Planning and Development Commission Commission 10.3 Resource Management and Planning Resource Management and Planning Appeal Tribunal Appeal Tribunal
Output Group 11: Workplace Standards
No. Output Organisational Responsibility 11.1 Safety Standards and Compliance Workplace Standards Tasmania 11.2 Employer and Employee Services Workplace Standards Tasmania 11.3 Workplace Standards and Advice Workplace Standards Tasmania 11.4 Electricity Industry Regulation Workplace Standards Tasmania
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 8 Report on 2008-09 Targets and Initiatives
3. Report on the 2008-09 Targets and Initiatives
Corporate Strategies
The following report is against the strategies that applied for 2008-09 from the Corporate Plan for 2008-13.
Increasing the effectiveness of the justice system Many of the Agency’s activities contribute to improving the effectiveness of the justice system. A major focus is to implement strategies to discourage offenders from re-offending. A reduction in the demand for justice services through reduced offending is an indicator of moving towards a safer and fairer community. Strategies concentrated on changing the behaviour of include: • restorative justice options; • expansion of options for Courts to change the behaviour of offenders; • improved offender rehabilitation/ management including the implementation of an integrated offender management model in the prison system; • better enforcement of monetary penalties so that they are a more effective deterrent; and • improving business processes to assist in a faster resolution of cases. Coupled with these strategies are a variety of supports to victims of crime including a Serious Crime Witness Support Program in the Office of the Director of Public Prosecutions. Major projects being undertaken in relation to the effectiveness of the justice system are the Safe at Home program; the Court Mandated Diversion program for offenders with a drug problem; the integrated offender management model; and a pilot Mental Health list in the Hobart Magistrates Court. Improving the Planning System There has been considerable progress on the regional planning initiative since 2007-08 with the State Government signing a Memorandum of Understanding (MoU) with Tasmania’s eight northern councils on 6 August 2008 as the first step towards achieving regionally based consistent planning schemes for the North and North-East regions. In late 2008, all southern region councils agreed to participate in the same regional planning process and signed a MOU with the State Government. As a consequence, all three regions have Project Managers in place, and work is underway to develop the regional strategies. A review of aspects of the Planning System of Tasmania commenced in May 2008. The review was designed to identify and make recommendations on further streamlining decision making in the planning system. Its primary task was to review the roles and functions of the various components in the planning system such as the RPDC, the Resource Management and Planning Appeal Tribunal, the Land Use Planning Branch of the Department of Justice and the role of the Minister.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 9 Report on 2008-09 Targets and Initiatives
The final report was handed down in late February this year, made a number of recommendations, including the need for independent statutory decision making, retention of third party appeal rights, a critical mass of planning expertise within government, more proactive direction from government on planning policy and better connectivity to local government. There was a strong view that Government needed to bring more of it its planning expertise and resources together in a single place. On that basis, the Government decided to create a new Tasmanian Planning Commission supported by a merger of the staff of the Land Use Planning Branch of the Department of Justice and the staff of the current RPDC. Reducing Workplace Injury The reduction of risks in the workplace is a major strategy to reduce the number of work related injuries. Strategies to be adopted to reduce risks include: • increasing employer and employee awareness of safety issues; • monitoring compliance to ensure workplace safety requirements are effective; and • increasing community awareness of safety in the workplace. In addition, having an effective and affordable workers compensation scheme to assist those injured back into the workforce is a key complement to reducing the impact of workplace injury. The major project being undertaken in relation to this issue is the implementation of a Return to Work and Injury Management Model by the WorkCover Branch.
Protecting and Fostering Rights and Responsibilities A key part of a safe and fair community is to ensure that all members of the community are aware of their rights and responsibilities and that those rights are protected. The Agency’s major strategies are to continue to support those independent bodies established specifically to protect the rights of all members of the community and to continue to provide education programs about rights and responsibilities for individuals, community groups and organisations. Education and advice are provided by most areas of the Agency in some form but specific programs are run to assist individuals and groups to understand their rights and responsibilities. Specific education and advice programs include those delivered by: • Anti-Discrimination Commissioner • Guardianship and Administration Board • Mental Health Tribunal • Workplace Standards Tasmania The Legal Aid Commission of Tasmania also provides legal advice to individuals about rights and responsibilities.
Improving access to the justice system Increased access to the justice system is a high priority for the Agency. The efficient and effective use of public resources to deliver Agency services will improve access. In order to improve the use of public resources the Agency will continue the following strategies:
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 10 Report on 2008-09 Targets and Initiatives
• expanding the role of mediation to settle disputes, to avoid the relatively higher costs associated with court and other adjudication processes; • improving case management systems; and • improving advice and support systems. Major projects being undertaken in relation to this issue include: support and representation for people appearing before the Mental Health Tribunal, Forensic Tribunal and the Guardianship and Administration Board; improved access to representation for young people appearing in Court; and the implementation of the Civil Registry Management System.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 11 Report on 2008-09 Targets and Initiatives
Key Initiatives identified in the 2008-09 Tasmanian Budget Paper No.2
The following report is against the initiatives funded in the 2008-09 State Budget.
Hobart and North West Community Legal Centres Tasmanian Community Legal Centres have traditionally been funded by the Australian Government; however, in 2008-09 the Tasmanian Government provided funding of $200 000 per annum, which was allocated to the Hobart and North West Community Legal Centres. These Centres provide a range of legal services to individuals and communities, including legal representation, preventative services, community legal education and work contributing to law and policy reform. By delivering information, advice and support on community based legal issues, Community Legal Centres aim to reduce existing barriers of access to justice such as distance, inability to access Legal Aid grants, and a lack of knowledge or external advice. With the additional State Government funding, the Hobart Community Legal Centre opened a second outreach office in Sorell to expand their services to the community. The North West Community Legal Centre used the funding to improve on their current services, by increasing staff, facilities and travel to expand on their outreach program and to offer an enhanced service to a greater client base. Hobart Supreme Court – Upgrading Holding Cells The Hobart Supreme Court holding cells were upgraded during the Christmas recess. In addition to the holding cells, the upgrade work included general floor finishes, the officers’ station and restroom facilities, and the security systems. A significant improvement in safety and security for both staff and detainees has been achieved with the facility now achieving contemporary standards of suicide and self harm minimisation.
Prison Perimeter Fencing Security The overall security of the Risdon Prison Complex will be enhanced for both prisoners and correctional officers through the construction of a new perimeter fence and the installation of additional detection technology. In mid-2009, the project was put out to tender and a preferred contractor was selected. Work is due to commence in late August and is expected to be completed by December 2009.
Regional Settlement and Investment Strategies The Settlement and Investment Strategies project announced in the 2008-09 State Budget will develop a vision and framework for how each of the State’s three regions can grow sustainably over the next 20 years. A set of three Settlement and Investment Strategies will be developed covering the Cradle Coast, North/North East and Southern Regions plus a sub-regional strategy for the East Coast. The Strategies aim to ensure an adequate supply of appropriately located land to meet the projected housing and employment needs of each region and the East Coast
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 12 Report on 2008-09 Targets and Initiatives subregion over the next 20 years. The Strategies will set a detailed policy framework to govern where and how growth can occur in the four identified areas. Additional funding of $750 000 over two years has been allocated to the Regional Settlement and Investment Strategies project. Tasmanian State Architect In 2008-09, funding of $268 000 was allocated for the establishment of a Tasmanian State Architect, and on 1 June 2009 Tasmania’s first State Architect was appointed. The State Architect provides strategic and independent advice to the Tasmanian Government on matters relating to planning, urban design and building architecture. The State Architect will bring an independent professional view of how individual projects fit into the broader strategic directions for the built environment.
Workplace Standards Tasmania Approvals and Compliance In 2008-09, the Government provided $1.2 million over three years, at $400,000 a year, for the approvals and compliance functions of Workplace Standards. Mine safety is to be given a high priority out of this funding. The additional funding coincides with further restructuring within Workplace Standards with the creation of a Major Infrastructure Branch (MIB). The MIB consists of the Mines Safety Unit, Dangerous Substances Unit, Major Hazards Facilities and Projects Unit, Electrical Standards and Safety, and Gas Standards and Safety.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 13 Report on 2008-09 Targets and Initiatives
Tasmania Together Targets
During 2006-07 the five-year review of Tasmania Together was completed. As at 30 June 2009, the Department of Justice was the lead agency responsible for the Tasmania Together benchmarks listed below. Post five year review tasks allocated to the Department are also listed. The Department is also an active contributor to a range of other benchmarks.
Goal 2. Confident, friendly and safe communities.
Standard 2.1 Support safe and responsible behaviour and ensure that community facilities and spaces, transport systems, workplaces and private homes are and are perceived to be, safe environments. Indicator 2.1.5 Reported level of family violence Indicator 2.1.6 Proportion of adult offenders convicted again within two years Indicator 2.1.7 Incidence of workplace injuries
Goal 5. Vibrant, inclusive and growing communities where people feel valued and connected.
Standard 5.6 Foster an inclusive society that acknowledges and respects our multicultural heritage, values diversity and treats everyone with compassion and respect. Indicator 5.6.1 Number of accepted complaints to the Tasmanian Anti-Discrimination Commissioner. Indicator 5.6.2 Number of discrimination complaints lodged on grounds of disability, race, or sexual orientation.
Goal 8. Open and accountable government that listens and plans for a shared future.
Standard 8.4 Government services are accessible and responsive and information is available. Indicator 8.4.5 Proportion of Freedom of Information (FOI) requests denied.
Goal 9. Increased work opportunities for all Tasmanians.
Standard 9.2 Promote fair workplaces Indicator 9.2.4 Pay equity between men and women in Tasmania Indicator 9.2.5 Number of employment-related complaints registered with the Anti- Discrimination Commissioner.
Post Five Year Review Tasks Issue 23. Planning System
Standard Measures coming from Better Planning Outcomes Indicator Under development
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 14 Report on 2008-09 Targets and Initiatives
The following table provides a summary of the major activities undertaken by the Department during 2008-09 that contribute to a Tasmania Together indicator.
Goal 2. Confident, friendly and safe communities.
Indicator 2.1.5 Reported level of family violence
Program/Initiative Activities Safe at Home The program is aimed at assisting victims of family violence but also provides a program to assist offenders to change their offending behaviour. The program is delivered through an integrated system using the resources of Police and Emergency Management, Health and Human Services, Education, Premier and Cabinet and Justice.
Contribution towards the benchmark The strong, early intervention is intended to give a clear message that violence against a partner in the home is no different to violence in public; it is not acceptable. The offender intervention program is intended to change an offender’s violent behaviour against their partner. The intervention with children living with family violence is aimed at breaking the cycle of family violence. Many children living with family violence often become family violence victims or offenders. Increased support and information to victims of family violence helps to counteract the controlling behaviour of offenders and the belief of some victims that they are responsible for the violence.
Indicator 2.1.6 Proportion of adult offenders convicted again within two years
Program/Initiative Activities Offender Rehabilitation Some of the specific programs include: Family Violence Offender Programs Intervention Program; Sober Driver Program, Offending Is Not The Only Choice (cognitive skills program), Sex Offender Treatment Program; and Court Mandated Diversion Program
Prison Organisational A major organisational development program has been implemented. Development
Restorative Justice Victims Support Services helps victims of crime to access a range of services to assist them to recover. Victims are able to make a Victim Impact Statement to the Courts. See page 24 for more information
Monetary Penalties The development of a new Monetary Penalties Enforcement Service Enforcement Project (MPES). The MPES has now been in operation for a full 12 month period, see page 19 for more information.
Contribution towards the benchmark Offender rehabilitation programs are aimed at changing the behaviour of offenders. The implementation of the organisational development program is expected to maximise the opportunities to change offender behaviour.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 15 Report on 2008-09 Targets and Initiatives
Victim Impact Statements are expected to improve offenders’ understanding of the impact of their crime. The development of the MPES will improve the enforcement of monetary penalties and make monetary penalties a more effective deterrent.
Indicator 2.1.7 Incidence of Workplace injuries
Program/Initiative Activities Workplace Injury Prevention Programs are delivered in the workplace to increase awareness of Programs workplace health and safety issues.
Contribution towards the benchmark These programs aim to reduce the rate of injuries, diseases and death in the workplace through improved knowledge of workplace health and safety.
Goal 5. Vibrant, inclusive and growing communities where people feel valued and connected.
Indicator 5.6.1 Number of accepted complaints to the Tasmanian Anti- Discrimination Commissioner. Indicator 5.6.2 Number of Discrimination Complaints lodged on grounds of disability, race, or sexual orientation.
Program/Initiative Activities Alternative Dispute Resolution During 2008-09, the Agency continued to use and expand the use of (ADR) Services ADR.
Workplace Training Corporate training is continuing to be provided to public and private sectors and continues to attract new clients.
Community Education Rights based education is provided to minority and disadvantaged groups.
Contribution towards the benchmark ADR, which includes conciliation and mediation, can be extremely effective, whether exercised before or during litigation. Training and education programs are expected to reducing the number of complaints from private and public sectors through increased awareness. Working jointly with the community and non-profit organisations to promote awareness, acceptance of human rights and respect for differences is expected to reduce the incidents of discrimination.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 16 Report on 2008-09 Targets and Initiatives
Goal 9. Increased work opportunities for all Tasmanians.
Indicator 9.2.5 Number of employment-related complaints registered with the Anti-Discrimination Commissioner.
Program/Initiative Activities Workplace Training Training and education programs are provided in the workplace.
Contribution towards the benchmark Training and education programs are geared toward reducing the number of complaints from private and public sectors.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 17 Administration of Justice
4. Administration of Justice This Output Group provides a range of services to the public through the Supreme and Magistrates Courts as well as coronial services, support and compensation for victims of crime, legal aid, the Mental Health Tribunal, the Forensic Tribunal, the Guardianship and Administration Board, Public Guardian and the enforcement of monetary penalties. The overarching aim of these services is the resolution of civil disputes and determination of criminal and other matters in a manner that is just, timely, and cost effective for the parties involved.
Supreme Court Services
The Supreme Court is the highest court in the State with responsibility for both civil and criminal matters. The Supreme Court has unlimited jurisdiction in criminal and civil matters except where legislation, either Commonwealth or State, provides otherwise. The Full Court and Court of Criminal Appeal hear appeals from decisions of single Judges. The Court is a court of review from the Magistrates Court and the majority of tribunals that exercise specialist jurisdiction. The Court has jurisdiction to review decisions and hear applications under a wide range of statutory provisions. The Supreme Court also exercises probate and admiralty jurisdictions. The Output is provided with funding for six Judges, an Associate Judge and judicial support staff including associates, attendants and secretarial support. Funding is also provided for the provision of registry services and facilities to support the work of the Court. Supreme Court registries are located in Hobart, Launceston and Burnie. The following specialised services are provided: • the Registrar's office provides a mediation service in matters before the Court and taxes bills of costs both in the Supreme Court and under the Legal Profession Act 2007 . • the Registrar in Probate grants probate, letters of administration and reseals in non- contested matters. • the Sheriff executes civil process (including admiralty jurisdiction) and manages the jury system. Other Information For more detailed information on the Court’s activities, including performance information, please refer to the Court’s Annual Report. The Report is available on the Court’s web site at the address below, under Publications.
Internet Address www.supremecourt.tas.gov.au
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 18 Administration of Justice
Magistrates Court Services
Magistrates in Courts of Petty Sessions hear and determine simple offences, crimes heard summarily under State and Commonwealth legislation, breaches of duty, applications under various State and Commonwealth statutes; and exercise a wide range of appellate and review functions. Magistrates also hear simple and indictable offences in the Youth Justice Division as well as exercising child protection and welfare responsibilities under various Acts. Magistrates in the Civil Division hear and determine civil matters to a value of $50,000 (or an unlimited amount with the consent of the parties) and minor civil claims to a value of $5,000. Magistrates also sit as Coroners to conduct inquests into sudden deaths, fires and explosions and as chairpersons of various statutory tribunals, such as the Anti- Discrimination Tribunal, the Motor Accidents Compensation Tribunal and the Mining Tribunal. The Magistrates Court sits on a permanent basis in four cities in Tasmania: Hobart; Launceston; Devonport; and Burnie. Magistrates also sit in seven country courts on a regular circuit basis.
Other Information For more detailed information on the Court’s activities, including performance information, please refer to the Court’s Annual Report. The Report is available on the Court’s web site at the address below, under Publications.
Internet Address www.magistratescourt.tas.gov.au
Monetary Penalties Enforcement Service
This report is issued in accordance with section 121 of the Monetary Penalties Enforcement Act 2005 . A full report from the Director, Monetary Penalties Enforcement Service on the operations of the Monetary Penalties Enforcement Service is available at www.justice.tas.gov.au/fines .
Overview The Director, MPES, exercises functions, responsibilities and powers defined in the Monetary Penalties Enforcement Act 2005 . Administrative staff from the Department of Justice support the Director in the performance of all statutory functions, responsibilities and powers in the delivery of a cost effective enforcement service to government and specific commercial clients. Whilst the service is geographically located in Hobart, the enforcement of all monetary penalties referred is undertaken on a State-wide, cross-jurisdictional basis.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 19 Administration of Justice
The Director is responsible for the collection and enforcement of: • defined monetary penalties imposed by the Magistrates and Supreme Courts; • infringement notices issued by Government Agencies; and • infringement notices referred by Local Government Councils. MPES aims to assist with the administration of justice by ensuring that those ordered to pay monetary penalties do in fact meet their obligations. In partnership with key stakeholders; MPES delivered a range of enforcement strategies in the twelve months to 30 June 2009 including the following: • educational, communication and media campaigns; • specifically-targeted enforcement campaigns; and • the continuation of intelligence-based enforcement practices. Educational and communication campaigns were delivered to specifically targeted stakeholders, clients and community-based organsations and groups. These campaigns were initiated to ensure the message of compliance was conveyed to a wide audience. Specifically-targeted enforcement campaigns were delivered to support the enforcement process. Such enforcement campaigns assisted in the reduction of aged debt by in excess of $4 million. Some of these campaigns are shown in Table 4.1.
Table 4.1 Specifically-Targeted Enforcement Campaigns
Campaign Example
Geographical location Specific suburbs, streets Specific offences Road Safety High value monetary penalties Greater than $5000 High volume monetary penalties (repeat offenders) Notices, suburbs, streets
Intelligence-based enforcement campaigns, undertaken by the Director, involved the use of other information systems and sources to assist in the development and targeting of specific debtor profiles. Technical Issues The Fines and Infringement Notices Database (FIND), commissioned by the Department of Justice, records all monetary penalties referred to the Director for enforcement. This database is jointly operated by both the Department of Justice (DoJ) and the Department of Police and Emergency Management (DPEM). Data-related technical issues identified by MPES over the previous twelve months have included: • system stability and performance; • data quality; • duplicate accounts; • interface issues with external systems; and • financial reporting.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 20 Administration of Justice
It is pleasing to note that there has been a marked improvement in the timeliness of issue identification and rectification in the six months to June 2009, when compared to the same period to December 2008.
Performance Indicators The following performance indicators are reported by MPES on an annual, or ad-hoc, basis. They were developed to report on performance and measures of activity prior to the commencement of the Monetary Penalties Enforcement Act 2005 . Development work on performance indicators for new business processes that were developed and implemented as a result of the Monetary Penalties Enforcement Act 2005 is now underway. Further statistical information is available in the full Director’s report.
Table 4.2 Fine collection rate
2004-05 2005-06 2006-07 2007-08 2008-09 Court Fines 55% 63% 48% 56% 110% Infringement Notices 75% 67% 69% 71% 65% All fines & Infringements 67% 66% 60% 63% 84%
A measure of the effectiveness of the fines and infringement collection process is the collection rate. This is defined as the value of fines and infringements collected in a financial year as a proportion of the value of fines and infringements imposed (referred to MPES for enforcement), less the value withdrawn in that year. The above table shows a marked improvement in the overall collection rate of all penalties from 63 per cent in the 2007-08 financial year to 84 per cent in the 2008-09 financial year. The Monetary Penalties Enforcement Act provides specific rules for the allocation of receipts to oldest debt first, which in the vast majority of cases is court-related debt (often resulting from infringements that had previously been referred to court). As a result, the collection rate for infringement notices remains fairly stable, while the collection rate for court imposed penalties (fines) has increased by 60 per cent. This trend is expected to continue until the older debt is satisfied, after which there will be an increase in the collection rate for infringements. Overall, the increase in collection rate over the previous financial year demonstrates the effectiveness of MPES in the collection of monetary penalties. This is due to specific enforcement strategies, priorities and campaigns that were able to be delivered by MPES as a result of the introduction of the Monetary Penalties Enforcement Act.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 21 Administration of Justice
Table 4.2 Net Penalties Referred
2004-05 2005-06 2006-07 2007-08 2008-09 Court Fines $7,415,477 $8,400,157 $8,420,560 $9,809,023 $10,929,839 Infringement Notices $12,221,424 $10,552,261 $11,062,270 $12,476,660 $11,564,631 All fines & Infringements $19,636,901 $18,952,418 $19,482,830 $22,285,683 $22,494,470
The above table shows the value of debt referred to MPES for enforcement from all clients, including commercial clients. It does not show debt raised by MPES as a result of enforcement action—enforcement fees and charges. It indicates that the level of debt referred from a court has diminished significantly due to the receipt allocation changes brought about by the Monetary Penalties Enforcement Act while, the level of infringement debt has increased slightly due to infringements referred to MPES by Local Government.
Table 4.3 Payment analysis
2003-04 2004-05 2005-06 2006-07 2007-08
Value of Receipts Service Tasmania $7,932,507 $7,409,675 $8,234,071 $7,586,325 $9,049,739 IVR / Internet $3,347,215 $3,354,184 $4,136,583 $3,923,238 $3,460,839 Mail Payments $1,762,800 $1,712,658 $1,930,018 $1,672,309 $1,524,737 BPAY - - - $588,811 $4,857,410 Centrepay - - - - $196,852 Total Receipts $13,042,522 $12,476,517 $14,300,672 $13,770,684 $19,089,577 Percentage Service Tasmania 60.8% 59.4% 57.6% 55.1% 47.4% IVR / Internet 25.7% 26.9% 28.9% 28.5% 18.1% Mail Receipts 13.5% 13.7% 13.5% 12.1% 8.0% BPAY - - - 4.3% 25.4% Centrepay - - - - 1.0%
There has been an increase in the use of Interactive Voice Response (IVR) telephone payments and Internet payments. Over-the-counter payments via Service Tasmania shopfronts is clearly the favoured method of payment. During the year, Bpay was introduced and has rapidly grown in popularity.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 22 Administration of Justice
Table 4.4 Aged Debt Outstanding
Infringement Court Fines All Infringements Notices and Fines
As at 30 June 2008 2009 2008 2009 2008 2009 ‘000 ‘000 ‘000 ‘000 ‘000 ‘000 Not due $903.9 $1,061.5 $4,844.3 $5,331.6 $5,748.2 $6,393.1 Less than 90 $970.2 $1,452.6 $4,227.6 $5,721.4 $5,197.8 $7,174.0 days overdue 90 to 180 days $910.3 $1,168.2 $2,217.8 $2,945.5 $3,128.2 $4,113.8 overdue More than 180 $186.6 $2,396.2 $4,062.5 $6,036.1 $4,249.1 $8,432.2 days overdue More than 1 year $81.9 $1,387.6 $36,875.3 $31,581.8 $36,957.3 $32,969.4 overdue
Total overdue $3,053.0 $7,466.1 $52,227.6 $51,616.4 $55,280.6 $59,082.5
The above table demonstrates that in the twelve months to 30 June 2009, there has been a reduction of $4 million in aged debt (older than 1 year). Given that in excess of 70 per cent of all monetary penalties referred to the Director for enforcement relate to persons who have other older outstanding monetary penalties, it is expected this reduction in aged debt will continue.
Internet Address www.justice.tas.gov.au/fines
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 23 Administration of Justice
Support and Compensation for Victims of Crimes
Victims Support Services (VSS) was established to meet the needs of victims of crime within our community. The VSS is responsible for the management and operation of the Victims Assistance Unit and Court Support and Liaison Services. The Victims Assistance Unit is responsible for: • the production and maintenance of the Victims Register and the provision of information to victims on that Register; • liaison between the victim and other divisions of the Department; • management of funding to, and liaison with, the Victims of Crime Services (provided on contract by Lifeline Hobart and Lifeline North West); • provision of information to victims regarding court processes and outcomes; • co-ordination of victim offender / mediation in appropriate cases; and • administration of the Victims of Crime Assistance Act 1976 and support to the Criminal Injuries Compensation Commissioners. There are currently 500 victims registered on the Victims Register. Court Support and Liaison Services is a Safe at Home program working with adult and child victims of family violence. The service is responsible for: • advising victims of family violence on how to take out a Family Violence Order; • explanation of the roles of people within the justice system; • information for applicants, victims and witnesses; • providing court orientation, including a court tour, roles of those working within the court, language and terms used in the court, how best to present information to the court and an explanation of court etiquette; • assisting Legal Aid in the completion of applications for Family Violence Orders; • accompanying the victim to court and providing personal support throughout the court process; • discussion of the impact of the decision of the court; • debriefing victims following a court appearance; • following up through referral to other services; • conducting victim interviews where the offender is attending a Family Violence Offender Intervention Program; • participating in the Safe at Home case management and co-ordination meetings; • reducing the trauma experienced by child witnesses as a result of involvement in an adult legal process; • case and systems co-ordination involving child witnesses; • liaison with child counsellors to ensure services are appropriate and consistent; and • heighten awareness of the needs and problems faced by children giving evidence in an adult legal system.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 24 Administration of Justice
Report on Major Issues for 2008-09 The following initiatives were undertaken during 2008-09: • Continuation of the development of the Victims Support Services to ensure they meet the needs of victims of crime within our community. • Ongoing development of the Victims Register. • Ongoing management of the Victims of Crime Services. • Review of the Victims of Crime Assistance scheme. • Ongoing development of services to victims of crime by government and non- government organisations. Performance Indicators Victims of Crime Service: The Service uses the following indicators to manage the service delivery by the external provider.
Table 4.5: Indicators to Manage Service Delivery Processes
2004-05 2005-06 2006-07 2007-08 2008-09 Number of victim contacts 1,354 1,460 1,931 1,405 1,343 Number of new contacts 1,153 365 1,271 959 656 The majority of time was devoted to: • the provision of information; • support and counselling; • assistance with Victim Impact Statements; and • assistance for victims of crime to access Victims of Crime Assistance scheme.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 25 Administration of Justice
Table 4.6 shows the make-up of the VSS client group serviced by the Victims of Crime Service. Table 4.6: Victims of Crime Service – Client Group Composition
2004-05 2005-06 2006-07 2007-08 2008-09 Gender Female 856 940 1,247 885 809 Male 297 520 684 501 534 Age Groups (% of total) Under 18 7 5 6 4 10 19 – 29 27 24 26 27 29 30 – 39 36 35 33 34 26 40 – 49 13 25 23 23 20 50+ 12 11 11 12 15 Crime Category (% of total) Against the Person 79 65 66 67 64 Against Property 11 10 8 8 8 Against Both 10 16 15 15 16 Unknown 0 10 10 9 12 Offender known to victim (% of total) Yes 69 55 56 55 50 No 31 25 22 23 29 Unsure 0 20 22 22 21
Table 4.7 Victims of Crime Assistance Awards (formerly Criminal Injuries Compensation)
2004-05 2005-06 2006-07 2007-08 2008-09 Number of applications 774 719 593 468 132 Number of Awards made 539 565 464 385 262 Total Payments – excl. 5,758 4,817 3,615 2,762 2,731 costs ($’000) Total Costs – including 646 607 515 404 237 reports ($’000) Average Award $10,683 $9,591 $8,748 $8,224 11,341 Average disposal time 11 11 12 10 9 (weeks) Average costs to Legal $677 $624 $601 $546 $426 Practitioners
Total Payments exclude amounts paid to victims to reimburse the costs associated with their claim for compensation. These costs include expenses such as legal costs, the cost of medical and other reports these are reported under Total Costs.
Internet address www.justice.tas.gov.au/victims
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 26 Administration of Justice
Legal Aid
The provision of legal assistance to those persons who would be disadvantaged if they were not granted legal representation is achieved through the Legal Aid Commission of Tasmania. The Commission operates under its own Act and is funded from State Government and Australian Government sources. The Legal Aid Commission prepares a separate Annual Report. For more detailed information on the Commission’s activities, including performance information, please refer to the Commission’s Annual Report. The Report is available on the Commission’s web site at the address below.
Internet address www.legalaid.tas.gov.au
Mental Health Tribunal and Guardianship Board Decisions
Decisions by the Mental Health Tribunal and Guardianship and Administration Board are made in accordance with the criteria contained in the Mental Health Act 1996 and the Guardianship and Administration Act 1995 respectively.
Mental Health Tribunal
The Mental Health Tribunal is an independent review body that conducts hearings to determine whether it is necessary for a person who has been placed on an involuntary order under the Mental Health Act 1996 to continue to be treated as an involuntary patient. For more detailed information on the Tribunal’s activities, including performance information, please refer to the Tribunal’s Annual Report. The Report is available on the Tribunal’s web site at the address below, under Legislation Policy & Publications.
Internet address www.mentalhealthtribunal.tas.gov.au/
Guardianship and Administration Board
The Guardianship and Administration Board adjudicates applications for the appointment of guardians and administrators for adults with disabilities who are incapable of making reasonable decisions. The Board supervises and periodically reviews those appointments. The Board also adjudicates on applications to review the appointment of enduring guardians and enduring powers of attorney, applications for consent to medical or dental treatment and applications for the making of statutory wills. The Board’s jurisdiction is derived from the Guardianship and Administration Act 1995 , the Wills Act 2008, the Mental Health Act 1996 and the Powers of Attorney Act 2000 .
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 27 Administration of Justice
For more detailed information on the Guardianship and Administration Board’s activities, including performance information, please refer to the Board’s Annual Report. The Report is available on the Board’s web site at the address below.
Internet address www.guardianship.tas.gov.au/
The Public Guardian
The Public Guardian conducts investigations into neglect and abuse and acts as guardian when appointed by the Guardianship and Administration Board, promotes the rights and dignity of persons with a disability and fosters the provision of services and facilities for those persons. For more detailed information on the Public Guardian’s activities, including performance information, please refer to the Public Guardian’s Annual Report. The Report is available on the Public Guardian’s web site at the address below.
Internet address www.publicguardian.tas.gov.au/
Forensic Tribunal
The Forensic Tribunal undertakes a number of functions in relation to people admitted to a secure mental health unit. This includes: • hearing and determining applications for leave from the secure mental health unit; • undertaking reviews of orders made in relation to forensic patients; • hearing and determining applications for the authorisation of medical treatment for forensic patients; • receiving reports relating to medical treatment and other issues relating to forensic patients; • issuing guidelines for the purpose of section 72 of the Mental Health Act 1996 ; and • reviewing decisions relating to those admitted to a secure mental health unit. The Forensic Tribunal was established under the Mental Health Act 1996 and is required to report separately to the Minister and the Parliament. For more detailed information on the Forensic Tribunal’s activities, including performance information, please refer to the Tribunal’s Annual Report. The Report is available on the Tribunal’s web site at the address below.
Internet address www.tft.tas.gov.au/
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 28 Legal Services
5. Legal Services This Output Group relates to the provision of various legal services and advice to government, including legal policy advice. The aim of this Output Group is the protection of the State's legal interests. The services of this Output are delivered through Crown Law: comprised of the Office of the Solicitor-General, the Office of the Crown Solicitor, the Office of the Director of Public Prosecutions, and through the Office of Legislation Development and Review.
Solicitor-General
The Solicitor-General is an independent statutory officer who is responsible for the provision of legal advice to Ministers, departments and other government instrumentalities, and undertaking constitutional litigation on behalf of the Crown. The Solicitor-General reports annually to Parliament on the exercise of his functions.
Director of Public Prosecutions
The Office of the Director of Public Prosecutions is responsible for the conduct of all criminal prosecutions on indictment in the Supreme Court of Tasmania. The Office also undertakes the prosecution of regulatory offences and conducts appeals from the Magistrates Court to the Supreme Court on behalf of the State. The Office of the Director of Public Prosecutions also conducts all civil litigation on behalf of the State and its agencies including representing agencies at Court, Tribunal and Board hearings. This litigation involves not only personal injuries and workers compensation claims against the State, but also claims involving compensation for compulsory acquisitions, common law damages and contractual disputes. The Director of Public Prosecutions reports annually to Parliament on the exercise of his functions.
Crown Solicitor
The Office of the Crown Solicitor provides commercial and conveyancing services to the Government including property acquisition and disposal, preparation of security documentation on behalf of the State and preparation of commercial agreements including major infrastructure project documentation, tenders, consultancies, grants, leases and other government contracts.
Report on Major Issues for 2008-09 Mr Cameron Leslie, retired after eight years as Crown Solicitor in January 2009. He was replaced in February 2009 by Mr Alan Morgan. Mr Leslie made a significant contribution to the development of the Office of the Crown Solicitor and influenced a move towards plain English drafting within that Office.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 29 Legal Services
The Serious Crime Witness Assistance Service was fully established within the Office of the Director of Public Prosecutions during 2008-09 and has had a significant impact on the experiences of witnesses and Crown Counsel. The Service has been of invaluable assistance in matters where witnesses have been particularly traumatised or where witnesses have been vulnerable. In February 2008, changes were introduced to the process whereby persons charged with indictable offences are committed to the Supreme Court. The impact of this change on the DPP was profound. During 2008-09, a record 745 defendants were committed to the Supreme Court in comparison to 558 defendants in 2007-08. This has placed a significant strain on the resources of the DPP. As in 2007-08, the most significant challenge faced in 2008-09 by the commercial and civil legal practices of Crown Law was a decrease in the utilisation of legal services by government agencies. This led to the need for $325,000 to be provided from the Consolidated Fund to prop up the Office of the Crown Solicitor in 2008-09. However, the provision of economic stimulus funding, and the maturity of projects such as Parliament Square and the Brighton Transport Hub will see a significant turnaround in the level of work provided to the Office of the Crown Solicitor in 2009-10.
Other Information For more detailed information on the activities of the Solicitor-General and Director of Public Prosecutions, including performance information, please refer to their respective Annual Reports, which are available on Crown Law’s web site.
Performance Indicators The two areas of Crown Law that charge for their services are the Crown Solicitor’s Office and the Civil Division of the Office of the Director of Public Prosecutions.
Table 5.1 Chargeable Time
Target 2004-05 2005-06 2006-07 2007-08 2008-09 Crown Solicitor’s Office 60% 67% 64% 61% 56% 63% DPP (Civil) 60% 61% 65% 61% 55% 64%
Internet address www.crownlaw.tas.gov.au
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 30 Legal Services
Legislation Development and Review
The Office of Legislation Development and Review (OLDR) assists the Government in developing new legislation and updating existing legislation and provides policy advice and research services to the Attorney General and the Government for that purpose. The OLDR assists the Attorney-General in discharging the Attorney’s parliamentary, ministerial and legal duties; reviews laws to ensure they are relevant to contemporary needs; assists other agencies on legislative issues; and advises the Attorney-General in relation to Commonwealth/State Ministerial meetings including the Standing Committee of Attorneys-General, Ministerial Council for Corporations, and Standing Committee of Attorneys-General (Censorship).
Report on Major Issues for 2008-09 National Model Legal Profession Laws Project and replacement of the Legal Profession Act 1993 The National Model Legal Profession Laws project has been a major commitment of the Standing Committee of Attorneys General (SCAG) for several years. The Tasmanian Bill to implement the national scheme was passed by the Tasmanian Parliament in 2007 and commenced at the end of 2008. The OLDR played a significant role in establishing the new Legal Profession Board and Disciplinary Tribunal and in the development of Regulations and Rules to support both the Board and the Tribunal.
Bills Introduced 2008-09 The following Bills were developed through the OLDR and were introduced into, or passed by, Parliament during the 2008-09 financial year: • Civil Liability Amendment Bill 2008 • Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2008 • Criminal Code Amendment Bill 2008 • Interstate Transfer (Community Based Sentences) Bill 2009 • Justice and Related Legislation (Miscellaneous Amendments) Bill 2008 • Justices Amendment (Complaint Validation) Bill 2009 • Legal Profession Amendment Bill 2008 • Monetary Penalties Enforcement (Consequential Amendments) (No 2) Bill 2008 • Partnership Amendment Bill 2009 • Poisons Amendment (Poppy Advisory and Control Board) Bill 2008 • Relationships (Miscellaneous Amendment) Bill 2009 • Trustee Companies Amendment Bill 2009 • Wills Bill 2008 Other Activities The OLDR has continued to be involved in a number of other issues and projects at a national level through the Ministerial Councils and other fora, some of which are likely to lead to legislative proposals when the projects have been completed.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 31 Legal Services
Copyright The Director of the OLDR has the responsibilities of the Administrator of Crown Copyright for the Tasmanian Government. The OLDR manages the relationship between the Government and the various copyright collection societies (CAL, APRA and Screenrights) in relation to the copying by Government of copyright material, including printed material, sound and television recordings; and the payment of copyright fees in relation to that copying and use of copyright material. Negotiations with the Copyright Agency Limited (CAL) on the next agreement, under which Tasmanian Government Departments and some statutory bodies may copy and use copyright material, have progressed during the year. The next agreement with CAL, which represents copyright owners, will run until 2011. Negotiations for the new agreement deal, not only with photocopying of material and the means of measuring the level of copying, but also the downloading, printing, communicating and other use of digital material from the web. The OLDR is also involved in matters involving the copyright the Government owns in material that has been produced and published by Agencies and the uses to which such material may be put.
Standing Committee of Attorneys-General The Director is a member of the senior officers committee supporting the Standing Committee of Attorneys-General (SCAG), the Ministerial Council for Corporations and the SCAG meetings on Censorship. The Director and other officers in OLDR are involved in a variety of national projects being coordinated through SCAG, including: • Personal Property Securities Law Reform • Uniform Spent Convictions legislation • Professional Standards legislation • Proportionate Liability (in Tort Law) • Wills and Succession laws • Model Uniform Evidence Act • Surrogacy • National Electronic Conveyancing • Electronic Transaction legislation • Hague Convention of the Service of Documents • Closer relations with New Zealand in relation to court processes • Bushfire offences • COAG’s Review of National Legal Profession laws • Judicial exchange programs Many of the above projects may result in legislative proposals when they have been completed and have been endorsed through the Standing Committee, or in some cases through the Council of Australian Governments (COAG).
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 32 Legal Services
Ministerial Council on Censorship Under the Commonwealth/State arrangements the classification of publications, films and computer games is undertaken centrally by the Office of Film and Literature Classification. The criteria for classifying material are the subject of an agreement by the Commonwealth, States and Territories through SCAG. Once classified, the State and Territory legislation determines whether, and under what circumstances, classified publications, films or games can be exhibited, sold or hired in the jurisdiction. The OLDR advises the Minister in relation to such matters.
Ministerial Council on Corporations (MINCO) Some years ago, the State Governments referred a range of powers over corporations to the Australian Government, and the MINCO's principal function is the consideration of amendments to the legislation governing corporations and related matters. During the year, the MINCO was tasked by COAG with examining the issue of possible changes to State, Territory and Commonwealth legislation dealing with the individual liability of directors for crimes and offences committed by companies. The role of MINCO will broaden with it taking some responsibilities in relation to trustee companies and consumer credit because of the way in which those matters are now cooperatively managed between the jurisdictions.
Freedom of Information The Attorney-General and Minister for Justice is responsible for the administration of the Freedom of Information Act 1991 . The Attorney-General is required by s56 of the FOI Act to report to Parliament each year on the operation of the Act. At the end of each financial year, the Department of Justice obtains, from bodies covered by the Freedom of Information Act 1991 (State Government Agencies, local government councils and approximately 60 statutory authorities) detailed data concerning FOI matters handled by the bodies in the previous financial year. The FOI data is collated and included in the Attorney-General’s Annual Report to Parliament on the operation of the Freedom of Information Act 1991 . The Department’s website now includes information on the operation of the Freedom of Information Act 1991 for agencies and the public, as well as contact information for the public seeking information under FOI from Government Departments. FOI Annual Reports are also available on the website at www.justice.tas.gov.au/legislationreview/foi_act_1991 In most cases, a brief report on FOI statistics is also included in the Annual Report of each agency, council or authority. Details of FOI external reviews handled by the Ombudsman’s office, including case studies, are included in the Ombudsman's Annual Report. During 2008-09, the OLDR has been involved in the Review of the Freedom of Information Act 1991 with the Director being involved as an adviser and another officer working part- time as a member of the review team. It is anticipated that after 2009-10 the nature of the Annual Report on FOI will change markedly.
Internet address www.justice.tas.gov.au/legislationreview
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 33 Registration Services
6. Registration Services This Output Group involves the registration, maintenance and dissemination of various forms of statutory information.
The Registry of Births, Deaths and Marriages
The Registry of Births Deaths & Marriages (BDM) administers the Births, Deaths and Marriages Registration Act 1999 and maintains a “Register” established under Part 3 of the Relationships Act 2003 . It also has responsibilities under the Commonwealth Marriage Act 1961 . BDM provides a range of services to the community to protect the rights of individuals, including the right to a unique identity. It has a wide and extensive customer base and services include: • The registration of births, deaths, marriages, significant or caring relationships, change of name, paternity acknowledgments, change of sex and adoptions • Maintenance of these registers • Provision of certified copies and extracts of entries contained in the registers • The provision of information for statistical and medical research purposes to approved organisations which satisfy privacy and ethical standards. Over 1.6 million registrations are held by BDM, many of which continue to be maintained manually. However, all records accessed during the year were entered on BDM’s electronic database.
Report on Major Issues for 2008-09 Volume of Applications BDM has experienced another increase in general applications for certificates during 2008-09. This increase in activity is due to an increasing number of organisations tightening their evidence of identity criteria. As a result, there have been delays to certificate production and other registry activities.
Data Entry of Paper Records The conversion of paper to electronic records continued during 2008-09. BDM is exploring a means of scanning paper records so as to preserve and protect this valuable resource.
Identity Fraud Tasmania commenced participation in the National Certificate Validation Service (CVS) in October 2008. This service allows subscribing organisations to validate certificates with the relevant registry of births, deaths and marriages institutions around Australia. Co-operation with Service Tasmania, Tasmania Police, other Australian Registries and Australian Government agencies in identity fraud minimisation measures continued.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 34 Registration Services
Access to Services BDM’s main enquiry service is provided by the Service Tasmania Contact Centre. Call resolution and call answering targets have been monitored, and the Contact Centre is successfully resolving approximately 80 per cent of calls. The e-messaging service, which allows birth certificates to be forwarded electronically to Service Tasmania, is available for individuals applying for a driver licence or a personal identification card.
New Decorative Certificates Two new decorative birth certificate designs were introduced in September 2008 to compliment the existing traditional, flora and fauna design. This has resulted in a slight increase in the total number of decorative certificates sold during 2008-09.
Performance Indicators Two measures of efficiency are reported in Table 6.1, ‘unit cost per transaction’ and ‘number of transactions per employee’. One measure of quality ‘timeliness’ of transactions is also reported. ‘Unit cost per transaction’ is a high level measure and represents the aggregation of a wide range of transaction types. These include the registration of, and provision of, certificates for births, deaths and marriages; deeds of relationships; changes of name; paternity acknowledgment; and adoptions. Unit cost per transaction has declined from $13.60 in 2004-05 to $11.87 in 2008-09. The number of transactions per employee has increased from 5,645 in 2004-05 to 7,262 in 2008-09. An indicative comparison cannot be made with the ‘average of the unit cost per transaction’ for other Australian States due to the different mix of transactions undertaken in other States and variations in accounting for overheads between jurisdictions. The ‘timeliness’ of the provision of the Outputs is assessed by measuring the proportion of transactions completed within three days of receipt.
Table 6.1: Registrar of Births, Deaths & Marriages
2004-05 2005-06 2006-07 2007-08 2008-09 Transactions Processed 59,278 59,972 66,500 67,373 68,987 Unit cost per transaction 1 $13.60 $13.16 $12.21 $12.18 $11.87 Transaction per employee 5,645 5,712 7,000 7,092 7,262 Total expenditure (’000) 2 $806 $789 $812 $821 $831 Employees (Full Time Equivalent) 10.5 10.5 9.5 9.5 9.5 Registration within 3 days of receipt 93% 93% 90% 85% 85% Certificate issued within 3 days of 92% 92% 23%3 60%4 60%4 receipt (registered events) 1 Unit cost per transaction is based on BDM Total expenditure / number of transaction. 2 Total expenditure includes overheads. 3 Priority certificates are issued on same day of receipt of the application, however, standard processing time lengthened to 10 working days as a result of the increase in demand. 4 Standard processing time has varied between 3 to 7 working days throughout the year, depending on seasonal variations in demand.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 35 Registration Services
Other Information Registrations It can be seen from Table 6.2 that birth registrations in 2008-09 decreased by 252 over the previous year, and death registrations increased by 127. The number of marriages registered increased by 497.
Table 6.2 Registrations
2004-05 2005-06 2006-07 2007-08 2008-09 Births registered 6,396 6,456 6,734 6,977 6,725 Deaths registered 3,803 3,928 3,973 4,141 4,268 Marriages registered 2,693 2,686 2,687 2,449 2,946 Relationships registered 19 22 24 24 19 Relationships revoked - 3 1 - - Miscellaneous 1 1,201 1,293 1,907 1,228 1,369 Total Registrations 14,112 14,388 15,326 14,819 15,327 1 Includes adoptions, paternity acknowledgments and registration of change of name and change of sex. Searches and Certificate Production Table 6.3 shows that during the year, 49,262 general searches were undertaken. Family History searches increased from 1,166 in the previous year to 1,427. Decorative Certificates increased to 2,080. The number of free issue certificates decreased slightly (891 with a value of $31,933). Additional search and certificate requests resulted in a general increase in revenue for the year. In addition to transactions processed, 16,962 phone calls were received on the BDM main enquiry number.
Table 6.3 Searches and Document Production
Documents Issued 2004-05 2005-06 2006-07 2007-08 2008-09 General Search 41,384 41,972 46,557 48,412 49,262 Family History 988 900 1,105 1,166 1,427 Decorative Certificates 1,824 1,762 1,864 1,933 2,080 Free Issue 970 950 1,138 1,053 891 Total 45,166 45,584 50,664 52,564 53,660 The increase in general searches is due to an increase in applications for birth and marriage certificates. The evidence of identity requirements of both the Australian and State Governments Agencies includes identification for most transactions, and clients must produce a certified certificate of birth, marriage or change-of-name, issued by an Australian registry of births, deaths & marriages as evidence of a change of name.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 36 Registration Services
Privacy Considerations - Access Records held by BDM contain primary information about individuals. Access to all information is governed either by legislation or long-established guidelines. The BDM’s access policy is available to all customers. Access to information by other government authorities is conditional on strict privacy and ethical guidelines being met. BDM is continually consulting with other registries in Australia to ensure, as far as possible, a uniform approach to access of records.
Internet address : www.justice.tas.gov.au/bdm
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 37 Review Services
7. Review Services
Office of the Anti-Discrimination Commissioner
The Anti-Discrimination Commissioner operates under the Anti-Discrimination Act 1998 which became law on 10 December 1999, International Human Rights Day. The Commissioner: • receives, assesses and investigates complaints of discrimination and prohibited conduct under the Act; • grants or refuses applications for exemption from the operation of the Act; • undertakes community education and liaison, and training; • makes submissions to the Attorney-General and Minister for Justice and Parliamentary and other inquiries into legislation and policy where it may be in breach of the Act or extend rights and obligations consistent with the Act; • appears in proceedings under the Act where relevant; and • may seek leave to intervene in courts and tribunals in proceedings relevant to the principles underlying the Act. Complaints are rejected or accepted for investigation and, after investigation, dismissed, referred to conciliation or referred to the Anti-Discrimination Tribunal for inquiry. Within 28 days of a rejection or dismissal, complainants can seek review through the Tribunal.
Highlights for 2008-09 Administrative review of the Act In late 2005, a Project Officer was appointed by the Department of Justice to produce a discussion paper in relation to the review of the administrative provisions of the Anti- Discrimination Act 1998 . A discussion paper was completed and released for public consultation in July 2006. A number of submissions were received from the community and interested groups and a recommendation paper drafted. A Position paper has been completed and will be released for final public consultation once it has been approved by the Attorney-General. It is hoped that the accepted recommendations from the review of the Anti-Discrimination Act 1998 will allow for further streamlining of complaints and greater administrative efficiency and flexibility in the complaint handling process.
Other Information Further information related to the activities of the Office of the Anti-Discrimination Commissioner is available in the Anti-Discrimination Commissioner’s Annual Report, which is available on the following web site.
Internet Address www.antidiscrimination.tas.gov.au
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 38 Electoral Services
8. Electoral Services This Output Group has statutory responsibility for the conduct of independent and impartial elections and referendums, which are fundamental to Tasmania’s robust democracy. Elections conducted include parliamentary, local government and a range of statutory and non-statutory elections conducted on behalf of other organisations. As required by the Electoral Act 2004 , the Tasmanian Electoral Commission produces its own annual report that provides more details of its activities during the financial year. Further information on the Tasmanian Electoral Commission can be obtained at www.tec.tas.gov.au
Elections and Referendums The Tasmanian Electoral Commission undertakes the conduct of: • House of Assembly elections, by-elections and recounts. • Legislative Council elections and by-elections. • Local Government elections, by-elections and recounts. • State referendums. • Local Government elector polls. • The implementation of electoral boundary redistributions. • Aboriginal Land Council of Tasmania elections. • Other statutory elections. • Semi-government and other elections conducted in the public interest. • Public electoral information programs. The Tasmanian Electoral Commission and the Australian Electoral Commission jointly manage and maintain the electoral rolls for Federal, State and Local Government elections. The Electoral Commissioner is a member of the Electoral Council of Australia, which oversees electoral and enrolment policy and systems at a national level. The Electoral Commissioner is a member of the Legislative Council Redistribution Committee and the 3 members of the Electoral Commission are members of the Legislative Council Redistribution Tribunal. The Committee and Tribunal are responsible for the determination of Legislative Council electoral boundaries. The Tribunal is also responsible for transition arrangements to implement each redistribution.
Other Information Further information related to the activities of the Tasmania Electoral Commission are available in the Commissions Annual Report, which is available on the following web site.
Internet address www.tec.tas.gov.au
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 39 Corrective Services
9. Corrective Services The objective of this Output Group is to enable people who are found guilty of offences to achieve socially responsible behaviour within the family and the community. The Prison Service and the Community Corrections Service provide the services to achieve this objective. This output group also provides secretariat support to the Parole Board which is an independent body with a separate annual report.
Prison Service
The mission of the Tasmania Prison Service (TPS) is to contribute to a safer Tasmania by ensuring the safe, secure containment of prisoners and to provide them with opportunities for rehabilitation, personal development and community engagement. Prison services are provided through facilities located at Risdon, Hobart, Hayes and Launceston. These provide care and custody, at various levels of security, for prisoners and people on remand (detainees). In Hobart and Launceston, prisons also hold arrested people in police custody. The Prison Service provides secure transport between prisons and some courts.
Report on Major Issues 2008-09 Prisoner Population The daily average prisoner population in 2008-09 was 522 prisoners (486 males and 36 females), representing a decrease from the 2007-08 average of 539 prisoners (502 males and 37 females).
Governance The TPS Senior Management Team (SMT) is the central governance mechanism for the Service and reports to the Deputy Secretary (Director of Corrective Services) through the Director of Prisons. The SMT ensures that all areas of the service share in decision-making that affects the future of the TPS and that those decisions are communicated throughout the TPS.
Delivery of Health Services Health services for prisoners continues to be delivered by the Department of Health and Human Services (DHHS) through the Correctional Primary Health Service (CPHS) under a Memorandum of Understanding between the DHHS and the Department of Justice. There are six inpatient beds within the Risdon Prison Complex. During the year, the CPHS and the TPS worked closely together on a number of key health-related initiatives, including a joint management approach to the threat posed by the H1N1 2009 Human Influenza Pandemic; the implementation of the TPS Smoking Policy; and the development of Alcohol & Drug and Blood Borne Virus (Hepatitis C) Strategies.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 40 Corrective Services
Custodial Services Custodial Services encompasses all uniformed staff within the TPS, with primary responsibility for the safe and secure operation of all TPS facilities. This reporting period has seen the stabilisation of operating models across all facilities, with few serious prisoner incidents being reported. The Risdon Prison Complex and the Hobart and Launceston Reception Prisons experienced very high utilisation rates for all available maximum-security cell capacity, thereby significantly reducing flow through to lower security classification levels. Hayes Prison Farm sustained some storm damage to the roof of the Administration Building during the year, which required the attendance of the State Emergency Service on site. Considerable public speculation focused on the ongoing viability of Hayes Prison Farm to function as a contemporary correctional facility; however, the Minister for Corrections has clearly informed staff and stakeholders that no decision had yet been made on its future. The transformation of the old Risdon Men’s Maximum Security Prison into the contemporary Ron Barwick Minimum Security Prison has continued to evolve, with a cooperative working environment being demonstrated between management, staff and prisoners. The establishment of the Risdon LINC in the library/programs area of this facility received positive support. Once again, a very small number of responses to emergency incidents were recorded in 2008-09; the Tactical Response Group continued with its professional up-skilling program for all operatives. Significant budgetary pressure impacted on some Custodial Service delivery outcomes in the final quarter, and overtime rates, particularly at the Risdon Prison Complex, continued to exceed allocated resources.
Finance & Support Services Budgets took a substantial cut this year with the introduction of an efficiency dividend mid- year due to the impact of the global financial crisis on the State Government. This required a re-framing of all TPS budgets and the introduction of a strict fiscal regime. The main impact on Finance and Support Services was a cutting of the maintenance spend and general overheads where possible. Time and money were spent on works within the medium precinct of Risdon Prison Complex aimed at reducing power costs through the use of timers and tariff changes. This had a positive effect on reducing power consumption for the year and similar initiatives for other areas of the prison system will be examined in the coming year. The main additional works this year were the design and approval of an additional perimeter fence around the Medium and Maximum precincts of the Risdon Prison Complex, aimed at providing an added layer to security and the prevention of contraband entering the facility. The project was tendered at the end of this financial year and works will be completed around December 2009. Stage 2 of the project will include the Mary Hutchins Women’s facility. These works will reduce the need for any further upgrading of the security of the medium facility which was the main focus of last year’s works.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 41 Corrective Services
The development of the Custodial Information System (CCIS) has proceeded to a new level with the introduction of new tabs enabling the direct import of documents such as Family Violence Orders. Other documents with prisoner information can be directly scanned into CIS decreasing the need for separate files and also the risk of misinterpretation of information. Security fields have been added to allow for clinical notes to be added with strict access restrictions again adding to the usefulness of CIS as the database for all prisoner information
Inmate Services Inmate Services manages those services that directly impact upon prisoners, including food services, stores/canteen, prisoner employment and the payment of allowances, prisoner telephone services and the dedicated Visitor Reception Centre. Inmate Services is also responsible for the administration of the prisoner structured day. The successful introduction of the structured day is a key component of integrated offender management. Through the administration of scientifically based assessment tools key activities can be identified for each prisoner. The strategic scheduling of these key activities throughout the prisoner’s sentence via the structured day process will ensure that each prisoner is likely to receive as much assistance that they can be afforded.
Integrated Offender Management The Integrated Offender Management Unit (IOM Unit) is responsible for the provision of therapeutic, rehabilitation and reintegration services, sport and recreation, external service provider coordination, prisoner classification and placement, and the operation of prisoner case management and contract systems. The IOM Unit comprises five units: Therapeutic Services, Prisoner Education and Training, Offender Programs, Case Coordination and Correctional Case Management.
Therapeutic Services Therapeutic Services’ psychologists and counsellors are responsible, in liaison with Correctional staff and the Correctional Primary Health Service DHHS, for assisting prisoners to adjust to the prison environment, providing advice about the management of vulnerable and at-risk prisoners and overseeing the management of the TPS’s suicide and self-harm processes. In 2008-09, Therapeutic Services created a revised governance manual and new suicide and self harm operational model, both of which will be implemented during 2009-10.
Prisoner Education and Training The Prisoner Education and Training Unit (PEAT) is responsible for the provision of education and vocational training services to prisoners. In addition to its three educators it coordinates the provision of services by external service providers such as the Polytechnic and other registered training organisations. Literacy and numeracy education has continued to be a significant priority. Initiatives in this area have included the formalisation of a prisoner peer tutor scheme and the introduction of a Books on CD Program. The Books on CD program, undertaken with the assistance of the State Library Service, involves prisoners sending a recording of a children’s book which they have made, along with a library copy of the book to their child. PEAT introduced the
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 42 Corrective Services
Australian Core Skills Framework as its primary learning, literacy and numeracy assessment tool. It conducted approximately 500 prisoner assessments during the financial year. Risdon Learning and Information Network Centre (LINC), which endeavours to replicate LINCs in the community, was launched in November 2008. The LINC is a learning and study environment that includes a branch of the State Library Service and a secure computer platform connected to the Hobart Polytechnic. The LINC will be expanded from the Ron Barwick Minimum Security Prison to all prisons on the Risdon campus during 2009-10. PEAT has faced significant challenges during 2008-09 in its provision of vocational education and training (VET) to prisoners. At the end of 2008, the Tasmania Prison Service was advised by Skills Tasmania that it was no longer eligible for the receipt of traineeship incentive payments. Incentives are the primary funding source for VET and consequently the number of prisoners receiving VET was reduced considerably during the second half of 2008-09. PEAT continues to liaise with Skills Tasmania about alternative future funding sources for VET training.
Offender Programs The Offender Programs Unit provides a suite of criminogenic group programs to prisoners. 2008-09 was the first full year that the unit offered a full suite of programs, and these included the following: • Preparing for Change is a preparatory program based on cognitive behavioural therapy. It is run twice a week over a 4-week period groups of up to ten prisoners and covers areas such as stress management, anger management, the learning process, communication and self-esteem. The program provides an introduction to group programs and has been reported to have a positive effect upon motivation to participate in other programs. • Talking Up Change is based on Preparing for Change and has been adapted to provide for the needs of maximum-security prisoners. • Making Choices is an intensive program targeting both general and violent offending, and runs for 100 hours over three to four months. The program utilises a range of treatment methods shown to be effective in reducing recidivism, including offence mapping, relapse prevention planning, problem solving, victim impact, safety planning, mood management techniques and the use of cognitive behavioural methods. • Getting Smart is a condensed program designed to promote self-management of drug and alcohol issues. It is run twice a week over the course of six weeks and can accommodate ten participants at a time. • Pathways is an intensive treatment program for adults with a history of criminal conduct and alcohol and other drug use problems. Running for 120 hours over three to four months, the program uses a cognitive behavioural approach to change antisocial thinking and behaviour and to enhance pro-social thinking, attitudes and beliefs, aiming to help offenders avoid recidivism and relapse. • New Directions is designed to protect the community by assisting sex offenders to take responsibility for their offences and to help plan a low risk and offence-free lifestyle for the future. The program is run for six hours per week and can take up to ten participants. Completion can take up to 12 months.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 43 Corrective Services
The Offender Programs Unit Operation Manual, which outlines governance arrangements and minimum standards, was completed during 2008-09. An Offender Programs Steering Group, chaired by the Director of Prisons, was established at the end of 2008 to oversee program delivery. A review of the sex offender program, New Directions, was undertaken by the Queensland Department of Corrective Services. The audit team made 24 recommendations, the majority of which were implemented by 30 June 2009.
Case Coordination The Case Coordination Unit is responsible for assessing prisoners, advising correctional case officers about sentence plans and assisting sentenced prisoners to prepare for release into the community. The unit also employs an Aboriginal liaison officer, a sport and recreation officer who assists prisons to deliver sport and recreation activities, and a reintegration project officer who coordinates service delivery by external service providers. The unit undertook a review of its operational model during the financial year as a result of the departmental recruitment freeze. This resulted in a refocusing of three staff to provide greater reintegration planning and assistance to sentenced prisoners. This has proved a valuable change and will become a permanent feature of the unit’s operations. The unit’s main focus during 2009-10 will be to improve the TPS’s sentence planning processes.
Correctional Case Management The Correctional Manager Correctional Case Management is responsible for administering the TPS’s Sentence Management Review Panel. This panel, which meets weekly, makes recommendations about every prisoner’s security classification and accommodation. The unit is also responsible for overseeing the operation of the prisoner contract system and case management work undertaken by correctional staff. A case management audit system was developed and trialled successfully during 2008-09. This initiative has achieved an improvement in compliance with case management policies and procedures.
Organisation Development The role of the Organisation Development Unit is policy development and management, staff development and training, strategic planning and project management. During 2009, the Unit has also taken on responsibility for the TPS Compliance Unit, which undertakes the following activities: • Internal audits and reviews; • Investigations on behalf of the Director of Prisons, including Ombudsman investigations; • The reviewing of reports/recommendations received from the Department of Justice Operational Review Officer and preparation of responses on behalf of the Director of Prisons. 2008-09 saw the Compliance Unit heavily involved with complaints made to the Ombudsman and responding to a backlog of Internal Reviews undertaken by the Department of Justice Operational Review Officer. The upcoming year will see the implementation of a risk-based audit schedule aimed at reviewing organisational
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 44 Corrective Services performance against key Director’s Standing Orders, Standard Operating Procedures and Operating Models. The Policy Unit undertook a year of consolidation during 2008-09, focusing on reviewing Director’s Standing Orders, Custodial Operating Models, Emergency Orders; Memoranda of Understanding, and the Inmate Contract System. The Unit was also heavily involved in the development of operational documentation associated with the TPS response to the H1N1 2009 Human Influenza threat; an Alcohol and Drug Strategy; and a Blood Borne Virus (Hepatitis C) Strategy. The upcoming year will see a full operational review of Standard Operating Procedures across all facilities. Staff Development and Training undertook a major correctional officer recruitment drive during 2008-09. Two 13-week correctional officer recruit induction programs were conducted, resulting in 15 new officers entering the prison service. Assessment and training in mandatory operational competencies has been a core focus in the area of in- service training, as well as the implementation of a trainer and assessor network that to facilitate in-field training and assessment. The Staff Development and Training Unit was successful in attracting Australian Government Productivity Placement Program funding in the vicinity of $160,000 during the year. This included funding for 10 Certificate IV in Training and Assessment places (in partnership with the Willson Training Centre) and 16 Certificate 1V in Correctional Practice places (in partnership with the Tasmanian Skills Institute). The latter is aimed at both uniformed and non-uniformed supervisors (either existing or prospective), and places in both programs have been offered to Community Corrections. The partnership with New South Wales Corrective Services that allows both uniformed and non-uniformed managers to attend their Executive Leadership (ELP) and Australian Correctional Leadership (ACLP) Programs at the Brush Farm Academy continued throughout the year. One non-uniformed senior manager attended the ACLP and has since been awarded an Advanced Diploma of Correctional Management. Two correctional managers attended the ELP. Overall, the Staff Development and Training Unit delivered approximately 9414 hours training during the 2008-09 year. Particulars of staff who attended training are as follows:
Table 9.1 Training Delivered to 30 June 2009
Number of Staff Completing Course/Training Mandatory Competencies: Breathing Apparatus and Fire Awareness 165 Cardio Pulmonary Resuscitation / First Aid 110 Chemical Agents and Baton 5 SMS (Security Management System) 119 X Ray and Contraband Identification 92 Basic Case Management 11
Continued next page
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 45 Corrective Services
Number of Staff Completing Course/Training Other Training: Information Sessions (including Professional Boundaries, Standard Precautions, 126 Swine Flu, General health and wellbeing, Disciplinary Process, and Security/Intelligence) Quit Smoking Facilitator Training 12 Performance Management 27 Australian Institute of Forensic Psychology Training (Interviewing Techniques 13 for psychological profiling) Certificate IV in Training and Assessment (funded under PPP) 8
Other Qualifications Awarded Certificate III in Correctional Practice (Custodial) 11 Certificate IV in Correctional Practice 6 Certificate IV in Government 3 Advanced Diploma of Correctional Management 1 Diploma of Correctional Administration 4 Diploma of Government 4 Advanced Case Management 5 Diploma of Training and Assessment 1
In addition to training for existing staff, the Staff Development and Training Unit delivers a three phase induction process for non-uniformed staff and external stakeholders and service providers. This includes an initial online induction, followed by a more formal face-to-face six-hour induction, and after 12 months, a further on-line refresher. 2008-09, saw the following number of completions: • 152 of the Phase 1 inductions; • 129 of the Phase 11 inductions; and • 35 of the Phase 111 inductions. Performance Indicators and Statistical Information Prisoner population
Table 9.1 Daily average prisoner population
Daily Average Prisoner 2004-05 2005-06 2006-07 2007-08 2008-09 Population Male 491 470 497 502 486 Female 30 35 37 37 36 Total 521 505 534 539 522
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 46 Corrective Services
Table 9.2 Escape rate of prisoners
2004-05 2005-06 2006-07 2007-08 2008-09 Escapes per 100 prisoner years Tasmania - escapes from secure custody 0.00 0.00 0.43 0.00 0.00 Australia - escapes from secure custody 0.02 0.02 0.60 0.51 - Tasmania - escapes from open custody 9.9 1.29 0.00 4.97 0.00 Australia - escapes from open custody 1.2 1.14 0.03 0.09 - Total number of escapes - Tasmania 9 1 2* 3 0 Source: Department of Justice (Tasmania Prison Service) and 2009 Report on Government Services * Both were from a minimum security secure prison.
Table 9.3 Prisoner related costs
2004-05 2005-06 2006-07 2007-08 2008-09 Cost per prisoner per day ($) Tasmania $193 $243 $264 $261 $263 Australia $205 $211 $209 $217 - Source: Department of Justice (Tasmania Prison Service) and 2009 Report on Government Services Note: In this year's report, the historical data has been adjusted by the ABS gross domestic product price deflator. In previous reports, no adjustment was made to take inflation into account. For consistency with national figures, payroll tax of $1.6M has been excluded from the cost per prisoner per day calculation. With payroll tax included, the cost for 2008-09 increases to $271. In line with national counting rules, the cost per prisoner per day figure also includes prisoners held at the Wilfred Lopes Secure Mental Health Facility, which is operated by the Department of Health and Human Services. These costs are not under the control of the Prison Service and, if excluded, the cost per prisoner per day reduces to $232 (excluding payroll tax).
Table 9.4 Proportion of eligible prisoners employed
2004-05 2005-06 2006-07 2007-08 2008-09
Percentage employed Tasmania 52.3% 53.6% 57.4% 70.1% 63.7% * Australia 75.6% 77.2% 78.5% 77.8% - Source: Department of Justice (Tasmania Prison Service) and 2009 Report on Government Services * Despite a decrease in the overall percentage of eligible prisoners employed, the number of positions remained the same as the previous year. The decrease is due to a higher number of prisoners in custody on the day the employment figures were calculated (30 June) and a change in policy which led to more prisoners being eligible to access employment.
Table 9.5 Proportion of eligible prisoners enrolled in education and training
2004-05 2005-06 2006-07 2007-08 2008-09
Percentage enrolled Tasmania 41.9% 62.5% 61.9% 50.5% * 33.9% # Australia 37.6% 36.6% 36.1% 30.2% -
Source: Department of Justice (Tasmania Prison Service) and 2009 Report on Government Services * The removal of Pre-Certificate Level 1 from the Registered Training Organisation (RTO) scope in November 2007 is reflected in the lower percentage of prisoners enrolled in education and training. # The Tasmania Prison Service Registered Training Organisation is no longer eligible for employee training incentives, which had a significant impact on the number of prisoners enrolled in training in 2008-09.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 47 Corrective Services
Table 9.6 Prison capacity utilisation rates
2004-05 2005-06 2006-07 2007-08 2008-09
Percentage Utilisation Tasmania 103.7% 94.6% 85.4% 82.9% 82.0% Australia 99.4% 100.1% 104.3% 104.6% - Source: Department of Justice (Tasmania Prison Service) and 2009 Report on Government Services Table 9.7 shows data for recent years regarding indigenous prisoners (note that indigenous data is based on self-reporting).
Table 9.7 Indigenous prisoners
2004-05 2005-06 2006-07 2007-08 2008-09 Daily average indigenous prisoner 65 62 67 70 68 population New indigenous receptions as a 12% 13% 14% 12% 15% percentage of all receptions into custody Indigenous prisoners as percentage 12% 12% 13% 13% 13% of daily average population Source: Department of Justice (Tasmania Prison Service)
Internet address www.justice.tas.gov.au/prisonservice
Community Corrections
Community Corrections’ mission is: “We are committed to working with offenders on community based orders in ways that aim to reduce re-offending and contribute to a safer society.” Community Corrections’ vision is: “To provide effective community-based services for offenders that are appropriate to Tasmania’s needs and to be recognised as a cohesive organisation that strives for excellence and has the respect of the community.” The objective of Community Corrections is to enable people who are found guilty of offences to achieve socially responsible behaviour within their families and the community, paying particular attention to the principles of restorative justice. Community Corrections supervises a range of non-custodial sentencing options including community service, probation and parole orders. Community Corrections is also responsible for assessing an offender’s risk of re-offending and preparing pre-parole reports for the Parole Board and pre-sentence reports for the courts. Provision of these services to the courts and to the Parole Board is mandated by legislation including the Sentencing Act 1997 and the Corrections Act 1997 . Community Corrections also delivers criminogenic programs to offenders on community based orders. Services are delivered through three regions (South, North and North West), with offices in Hobart, Clarence, Bridgewater, Burnie, Devonport and Launceston. Community
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 48 Corrective Services
Corrections also utilises office accommodation for service delivery in Queenstown, Smithton, Huonville, and Ulverstone and provides staff outreach to other areas within the State.
Report on Major Issues for 2008-09 Strategic priorities for 2008-09 included:
Improve the efficiency and quality of core business in order to meet the goal of reducing re-offending KPMG undertook a review of Tasmania Community Corrections in 2008-09. The objective of the review was to ensure that the structure of Community Corrections in Tasmania allows it to respond to current demands and provides the flexibility to adapt to future demands in terms of recruitment and retention of staff, changing models of practice, and changes in the population of offenders on community based orders. An action plan has been developed and work has begun to implement relevant findings. This includes a State-wide approach to offender management as part of a ‘program’ rather than a regional management approach. The implementation of the KPMG recommendations will be the strategic focus of Community Corrections up until the end of 2010. Community Corrections maintains a strategy of ongoing improvement of the efficiency and quality of offender management practices in order to provide opportunities for rehabilitation. As part of this, the first part of the Policy and Procedures Manual, including developing State-wide procedures for dealing with breaches of orders and conducting prosecutions, was rolled out to staff in 2009. The remainder of the Manual will be completed in late 2009. Community Corrections fully implemented the Level of Service/Case Management Inventory (LS/CMI) as their risk/needs assessment instrument. The adoption of the LS/CMI has enabled the consistent assessment of the risks and needs of offenders across Corrective Services in Tasmania, including Community Corrections, the Tasmania Prison Service and the Court Mandated Drug Diversion Program. Community Corrections participated in the development of formal, national operating procedures for interstate transfers and travel permits, providing significant input to the National Working Party convened for this purpose. As a result of its involvement, Community Corrections reviewed and amended a number of its internal procedures relating to the transfer of community based orders to and from Tasmania. Delivery of programs continued throughout 2008-09 including the Family Violence Offender Intervention Program, Sober Driver Program and Offending is not the Only Choice.
Fully utilising existing technology to support our business processes The Offender Information System continued to enhance both the operational and strategic work of Community Corrections, with the development of a User Group to better test the system and address any problems.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 49 Corrective Services
Provide an environment in which people are valued and supported to enable the achievement of our strategic priorities A range of consultative forums were initiated to ensure that all staff have an opportunity to provide input in the implementation of the KPMG review. These include a ‘change agent’ forum consisting of operational staff from all regions, a Union Joint Consultative Council and a range or project teams and working groups. Additional training opportunities have also been provided to staff during 2008-09 specifically relating to operational, frontline duties and working with complex clients. The release of the Policies and Procedures Manual has provided a much improved induction process for new staff. As part of the KPMG review all senior management positions have been reviewed and new statements of duty have been developed. These positions will be filled during 2009-10.
Develop our ability to respond to and influence changes in the criminal justice environment Community Corrections has concentrated on building relationships with key stakeholders such as the Tasmania Prison Service, Tasmania Police, Parole Board, Courts and Victim Support Services. As a result, a number of formal Memoranda of Understanding have been, or are in the process of being, developed. The aim of Community Corrections in 2009-10 is to work more collaboratively with key stakeholders in the criminal justice environment.
Performance Indicators Community Corrections is responsible for the supervision of offenders subject to a range of community-based orders including: • Probation Orders; • Community Service Orders; and • Parole Orders. Cost of community supervision The cost of community supervision per offender per day is a measure of the efficiency of the Community Corrections system. A range of factors, including the intensity of supervision, the mix of different types of orders and the scale of operations affect this indicator. Table 9.8 provides information on the average recurrent cost per offender per day for Tasmania and Australia.
Table 9.8 Recurrent cost of community supervision
2004-05 2005-06 2006-07 2007-08 2008-09 Net operating expenditure per offender per day (2008- $10.80 $9.40 $9.80 $11.10 $12.00 09 $) 1 Operating expenditure $4,123 $3,916 $4,327 $4,543 $5,160 ($’000) 1 Average number of persons 1,026 1,124 1,193 1,122 1,177 per day Source: Department of Justice JOIST database 1. Data for previous years have been adjusted by the gross domestic product deflator (i.e. to adjust for the effects of inflation). NB. In previous annual reports, this adjustment was not made.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 50 Corrective Services
Probation Orders Offenders subject to a Probation Order are supervised through case management to reduce their risk of re-offending. Table 9.9 provides information for the last five years on the number of new Probation Orders issued, the number of Probation Orders completed, and the number of Probation Orders revoked or cancelled.
Table 9.9 Probation Orders
2004-05 2005-06 2006-07 2007-08 2008-09 Number of Probation Orders 571 653 688 778 683 imposed Number of Probation Orders 506 528 670 756 601 completed Number of Probation Orders 14 12 19 41 21 revoked/cancelled Source: Department of Justice JOIST database Notes: Probation Orders terminated due to death of the offender are not included in the number or percentage of Probation Orders completed. Completed Probation Orders include those orders that were revoked/cancelled. For the purposes of this report offenders who participated in the CMD program are counted as offenders on Probation Orders. Parole Orders completed Parole Orders are made by the Parole Board to enable prisoners to serve a portion of their sentence of imprisonment under supervision in the community. The desired outcome of the parole period is to minimise the offender’s risk of re-offending. Probation Officers case-manage offenders in an attempt to address their risk factors for offending. Table 9.10 provides information for the last five years on the number of new Parole Orders issued, the number of Parole Orders completed, and the number of Parole Orders revoked.
Table 9.10 Parole Orders completed
2004-05 2005-06 2006-07 2007-08 2008-09 Number of Parole Orders imposed 89 95 81 98 118 Number of Parole Orders completed 68 67 61 92 81 Number of Parole Orders revoked 27 32 35 26 21 Source: Department of Justice JOIST database Notes: Parole supervision is monitored stringently and the repercussions for breach of conditions are highly likely to lead to revocation. Parole Orders terminated due to death of the offender are not included in the number or percentage of Parole Orders completed. Completed Parole Orders include those orders that were revoked. Community Service Orders completed Community Service Orders are imposed by the courts and require a specified amount of community service work or educational/personal development under the supervision of Community Corrections. This scheme is administered and enforced in a manner that
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 51 Corrective Services reflects the penalty imposed by the courts. Community service may include performing useful tasks that provide reparation to the community; improving social attitudes and skills and improving interactions between the offender and the public. Table 9.11 provides information for the last five years on the number of new Community Service Orders issued, the number of Community Service Orders completed, and the number of Community Service Orders revoked or cancelled.
Table 9.11 Community Service Orders completed
2004-05 2005-06 2006-07 2007-08 2008-09 Number of community service 801 826 840 593 609 orders imposed Number of community 778 735 874 744 528 service orders completed (1) Number of community service 99 78 207 (2) 165 113 orders revoked/cancelled Source: Department of Justice JOIST database Notes: (1) Completed CSOs include those orders that were revoked/cancelled, as well as those orders that may have been the subject of court action as a means of ensuring that the hours were completed. (2)This increase in the number of orders revoked or cancelled is the result of an increased effort to resolve outstanding orders. Reports Community Corrections prepares comprehensive written and, on occasion, verbal reports for the courts and the Parole Board to assist them in making decisions about sentencing and releases from prison. Table 9.12 provides information on the number of reports prepared by Community Corrections over the last five years, including pre-sentence and pre-parole reports and CSO suitability assessments.
Table 9.12 Court and Parole Board reports completed
2004-05 2005-06 2006-07 2007-08 2008-09 Total reports prepared 1,307 1,476 1,492 1,407 1,264 Pre-sentence and pre-parole 900 1,022 1,046 1,094 1.000 reports CSO suitability assessment 407 454 446 313 264 Source: Department of Justice JOIST database. Return to Corrections One of the objectives of Tasmania’s criminal justice system is to reduce the incidence of repeat offending by offenders. The importance of this objective is reflected in the Tasmania Together benchmark, 2.1.7 Proportion of adult offenders convicted again within two years. The Department of Justice has developed a data set based on an extension of the recidivism indicator used in the Report on Government Services. This data set enables the measurement of the number of adults that have returned to corrections (either with a custodial order or a community based order from the Courts) within two years of being released from prison or completing a community based order for a previous offence.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 52 Corrective Services
The data set includes: • sentenced adult prisoners who were released from prison at least two years ago and who had not previously completed a sentence of imprisonment or a community based sentence such as probation or community service order. Some of these people may not be strictly ‘first offenders’ as they may have completed a period of supervision or detention as a youth; and • sentenced adult offenders who at least two years ago completed a continuous period of supervision in the community, as part of one or more probation or community service orders, who had not previously completed a period of supervision or sentenced imprisonment. Some of these people may not be strictly ‘first offenders’ as they may have completed a period of supervision or detention as a youth. It should be noted that the data set does not include: • persons who spend a period in prison but not as a sentenced prisoner, e.g. on remand; • persons who were imprisoned solely for the non-payment of a fine or who completed one or more community service orders for the non-payment of a fine; • persons who die before completing a sentence or who are transferred to another jurisdiction; and • those who are required to undertake a community based order immediately after their release from a custodial order in respect of the offence(s) for which they were imprisoned. The data set only includes those persons given another order by the courts; it does not include those persons who may be currently before the courts to answer charges for another offence allegedly committed within two years of their completion of a previous adult correctional order. Persons are counted as having ‘returned to corrections’ if: • within two years of release from prison they commence a further period of sentenced imprisonment or a new probation or community service order; • within two years of completing a probation or community service order they commence a period of sentenced imprisonment or a new probation or community service order; and • whilst serving a community service or probation order, they commence a period of sentenced imprisonment. A person is not counted as having returned to corrections if they commence a period of community supervision, under a parole, probation or community service order, in respect of the offence(s) for which they were imprisoned, immediately after completing a term of imprisonment. In July 2009 the Tasmania Together Benchmarking Committee reviewed this benchmark and recommended that due to the relatively small numbers of first offenders completing a correctional sanction in any one year the benchmark should be expressed as a three-year moving annual average of adult re-offenders.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 53 Corrective Services
Table 9.13 shows the proportion of adult offenders either released from a period of adult imprisonment as a sentenced prisoner or completing an adult community-based order who have returned to corrections within two years. The data for previous years has been updated to reflect the new counting rule.
Table 9.13 Return to corrections data
Year of release or completion of 2002-03 2003-04 2004-05 2005-06 2006-07 supervision Proportion returned within two years 21.0% 22.3% 22.1% 23.2% 23.2%
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 54 Other Services
10. Other Services This Output Group involves the licensing, inspection and supervision of the poppy industry from growing through to manufacture and dispatch from Australia. The cultivation of poppy plants ( papaver somniferum ) is carried out in accordance with provisions of the Poisons Act 1971 . The aim of these services is to provide a secure and controlled poppy industry in accordance with the United Nations Single Convention on Narcotic Drugs.
Supervision of Poppy Crops
The Poppy Advisory and Control Board provides policy coordination and preparation of advice to the Government on matters of relevance to the poppy industry and liaises with relevant Australian and State Government agencies, private enterprise and growers on matters related to industry development.
Report on Major Issues for 2008-09 The Board was established in order to meet Australia's commitment to the Single Convention on Narcotic Drugs 1961 . Amendments to the Poisons Act 1971 were passed during the year to place the Board on a statutory basis for the first time. An important function of the Board, with the assistance of the Australian Government, is to monitor international market trends and stock holdings to provide advice on total crop hectares. Analysis sheets are used to track market trends and assist in determining annual raw material requirements and safe holding stocks. The Board continues to closely monitor world interest in genetic engineering (GE) technology in relation to poppy plants. No field trials were undertaken in Tasmania during the past season. The Board continues to work closely with licensed manufacturers in the use of GPS mapping technology to assist in crop location identification. Health risks associated with interference with poppy material are a significant concern to the Board. The risks are addressed by the use of information sent to interested groups and warning signs being affixed to all roadside crops. The Board Chairman represented the interests of the poppy industry as advisor to the Australian Delegation at the UN Commission on Narcotic Drugs meeting in Vienna in March.
Performance Indicators The performance measure focuses on the efficiency of the Board's supervision and protection activities. The Department of Police and Emergency Management provides a separate assessment of the effectiveness of the protection of the crops. Its output, Protection of Primary Industry and Fisheries Resources, also reports on the number of interferences to poppy crops.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 55 Other Services
Table 10.1 provides data on the cost per hectare sown for the Board to supervise and protect poppy crops for 2004-05 to 2008-09.
Table 10.1 Cost of Supervising and Protecting Poppy and Industrial Hemp Crops
2004-05 2005-06 2006-07 2007-08 2008-09 Cost per hectare sown $44 $62 $68 $71 $33 Cost per licence issued $610 $754 $1,032 $887 $845 Hectares Sown 13,329 9,660 8,956 11,102 15,752 Total expenditure $574,000 $595,000 $609,000 $636,000 $659,000 Source: Poppy Advisory and Control Board. The cost per hectare remained stable up until 2004-05; this was primarily due to growth in the number of hectares sown. The growth in the crop was a response to strong world demand at the time, plus an attempt by the manufacturers to build safe raw material stock levels. Crop hectares then reduced significantly in 2005-06 and 2006-07 in reaction to world oversupply, which had a significant impact on this indicator. 2007-08 saw a return to better trading conditions, and 2008-09 continues that trend. Table 10.2 outlines information on the activities of the Poppy Advisory and Control Board.
Table 10.2 Poppy Advisory and Control Board Performance Measure Criteria
2006-07 2007-08 2008-09 Number of Poppy Licences Issued 590 717 780 Number of Inspections of Poppy Crops 12,000 12,500 13,000 Number of Kilometres Travelled by field staff 309,000 317,000 312,000 (Calculated by poppy season, ie.1 April - 31 March) Number of Poppy Regrowth Reports Submitted 100 89 24 Number of Interference Reports Submitted 7 8 17 Number of Capsules Stolen 9,344 809 2,280 Number of Security Clearances Processed 115 107 131 Number of capsules stolen per hectare sown 1.04 0.07 0.14 Currently, the output does not have any indicators as to the effectiveness of the service. Effectiveness indicators need to reflect the contribution of the output to a desired agency or government outcome. A reduction in the number of capsules stolen per hectare sown provides an indication of improved knowledge of the risks associated with the interference with poppy material. The Agency outcome for this output is “to provide a secure and controlled poppy industry in accordance with United Nations Conventions”. This outcome is, in effect, a shared responsibility with contributions being made by the Board, by Tasmania Police and by the growers themselves. Performance against this outcome is also affected by a range of external factors such as the timing of the poppy harvest.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 56 Other Services
Other Information In November 2000, the United States’ Drug Enforcement Administration (DEA) advised that the method of calculating narcotic raw material for compliance with the ‘80/20 Rule’ will remain, based solely on the amount of anhydrous morphine alkaloid present in opium, poppy straw and concentrate of poppy straw. This method will be used when calculating imports from traditional and non-traditional sources, and was to remain in effect until at least 1 January 2006. The DEA has reviewed the method in which the ‘80/20’ rule is calculated. Based on the review, DEA has concluded that it will continue the methodology currently utilised. The decision is very important for the future of the industry, and represents a considerable benefit to the State.
Internet address www.justice.tas.gov.au/poppy
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 57 Consumer Services
11. Consumer Services This Output Group provides services to the public and provides policy advice to the Government on issues concerning the maintenance of a fair, safe and equitable marketplace. The Office of Consumer Affairs and Fair Trading (CAFT) delivers the services provided under this Output Group by: • operating effective compliance programs; • ensuring accurate trade measurement; • maintaining product safety; • registering business names, associations, and cooperatives; • providing policy advice to Government on the maintenance of a fair, safe and equitable marketplace; • assisting consumers with advice on the purchase of goods and services, and providing guidance on dispute resolution; • offering secretariat services to the Travel Agents Licensing Board in administering the Travel Agents Act 1987 , and the Products Safety Committee in the administration of the Sale of Hazardous Goods Act 1977 ; and • providing investigative services for the Residential Tenancy Commissioner.
Consumer Affairs and Fair Trading
Report on Major Issues for 2008-09 Tasmania Consumer Advisory Committee The Tasmanian Consumer Advisory Committee met on 12 May 2009. The key role of the Committee is to advise and make recommendations to the Minister for Consumer Protection on matters affecting the interests of consumers. The Committee has expressed particular interest in consumer credit and affordable housing issues and their impact on vulnerable consumers.
New Legislation Property Agents and Land Transactions Act 2005 – Part 10 The Property Agents and Land Transactions Act 2005 repealed the Auctioneers and Real Estate Agents Act 1991 , replacing it with new provisions regulating the auctioneers and real estate industry. The Act established a Tribunal for the industry and provides for the disclosure of information by vendors of land and for cooling off periods for vendors and purchasers in respect of residential property. The Act received Royal Assent on 15 December 2005 and was proclaimed on 20 November 2006, excluding Part 10. Part 10 includes provisions relating to vendor disclosure and cooling off. After passage of the Act through Parliament, a number of operational issues were identified which required amendment of Part 10. Commencement of the Part has been delayed until consultation on these amendments had been completed. It is anticipated that Part 10 will be proclaimed in the middle of 2010 following further amendment.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 58 Consumer Services
Motor dealers The Fair Trading (Code of Practice for Motor Vehicle Traders) Regulations 1996 (the Code) commenced in 1996. A post-implementation review of the Code was undertaken in 2000. The review examined the effectiveness of the Code and to determine whether any changes should be made. The Review recommended: • the introduction of stand-alone legislation; • mandatory pre-sale disclosure; • a more appropriate process to approve traders; and • efforts to develop a culture of awareness amongst traders and consumers. CAFT has developed a draft Bill implementing these recommendations. Following consultation, it is expected that legislation will proceed to Parliament in late 2009 with the new licensing regime operational by the middle of 2010.
Residential Building Bill - New Consumer Building Framework In June 2008, the Tasmanian Government phased out mandatory housing indemnity insurance. Government did not consider the insurance value for money and determined that it was preferable to focus efforts on developing a dispute resolution process for consumers. In April 2008, CAFT circulated a discussion paper detailing a new consumer building framework for Tasmania. This framework will form the basis for new consumer building legislation that will incorporate the existing Housing Indemnity Act 1992. The key elements of the new framework are: • an improved dispute resolution process for domestic building disputes; • an ability to order the rectification of defective building work; • incorporation of the statutory warranties, • standard contract terms (including statutory warranties currently contained in the Housing Indemnity Act, minimum deposit and progress payments provisions); and • the mandatory provision of information to consumers. The new framework will be administered by CAFT and will be separate from the administration of the Building Act 2000 , which deals with standards of builders and buildings, rather than the relationship between consumers and builders. Drafting and consultation on a Bill is continuing. It is anticipated that the Bill will be finalised by the middle of 2010.
Trade Measurement Responsibility for trade measurement will transfer to the Australian Government on 1 July 2010 as a result of a COAG decision in 2007. Audits of industry compliance with trade measurement legislation continued during the year. Some sectors have been audited for the first time so as to ensure that compliance is achieved in all sectors prior to the transfer of responsibility to the Australian Government. While the majority of Servicing Licence holders were audited this year, few substantive issues of compliance arose as a result of the audits.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 59 Consumer Services
The branch introduced infringement notices in 2009 as another tool to assist with compliance.
Fuel Quality Standards Inspectors from the Measurement and Standards Branch continue to undertake fuel sampling and investigations for the Australian Department of the Environment and Heritage in accordance with the Commonwealth Fuel Quality Standards Act 2000 . While a number of complaints about fuel quality were received during 2008-09, all samples taken in Tasmania during the past year have complied with mandatory quality specifications.
Measurement and Standards Branch Laboratory The Measurement and Standards laboratory is the only Verifying Authority (appointed under the National Measurement Act 1960 ) in Tasmania for the calibration and certification of reference standards of measurement. The laboratory calibrates standards used by various Government agencies for enforcement of legislation. It is also a source of traceable measurement calibrations, essential for legal, trade, technical, scientific, sporting and quality assurance purposes. The measurement system underpins commercial activity and the economic development of Tasmanian industry. Accurate and consistent measurement facilitates marketplace acceptability of Tasmanian products, provides consumer confidence, minimises transaction costs and maximises the social and economic benefit to the community. The laboratory is accredited by the National Association of Testing Authorities in the field of Measurement Science and Technology. The laboratory has again had an increase in demand from government agencies and industry for calibration services, temperature measurement in particular. Laboratory service will also transfer to the Australian Government on 1 July 2010.
Product Safety Productivity Commission Report In 2008, the Productivity Commission report on the Review of Australia’s Consumer Policy Framework recommended that responsibility for enforcing consumer product safety should be transferred to the Australian Government and be undertaken by the Australian Competition and Consumer Commission (ACCC). The Ministerial Council has recommended, and COAG has agreed during 2008, to establish a regime of joint Australian, State and Territory enforcement of product safety under the Australian Consumer Law. In the interim, CAFT has sought to harmonise existing product bans and standards with the Australian and other State and Territory Governments. To this end, most unilateral product bans in Tasmania have now been removed. When the new joint regime commences, Tasmania will retain a limited capacity to impose interim bans, but all permanent bans and standards will be implemented by the Commonwealth Minister. This also means that the existing Tasmanian law such as the Sale
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 60 Consumer Services of Hazardous Goods Act 1977 , the Goods (Trade Descriptions) Act 1987 and the Flammable Clothing Act 1973 will be repealed and replaced with the Australian Consumer Law.
Product Safety compliance activities Staff undertook annual showbag inspections in October prior to the 2008 Royal Hobart Agricultural Show, checking for items that may pose a safety risk and, in particular, looking for items that had been identified by interstate product safety staff as hazardous. In response to national concerns, staff also carried out inspections in June to ensure babies’ dummies complied with the national standard. Compliance action was also undertaken when CAFT was alerted to several sports equipment retailers who were selling slingshots and catapults, both prohibited from sale by a banning order. As a result, retailers of this type of equipment, were written to and advised of the regulation of these products.
Public Awareness In September 2007, a position for a Community Awareness Coordinator was created; the prime objective for this position was the development of a communications strategy aimed at lifting the profile of CAFT within the community. Events throughout the year included monthly radio segments on Coast FM, presentations to various community groups such as Probus, U3A, Seniors and attendance at the University of Tasmania for International Students Orientation Day. Planning is also underway to hold a ‘mini expo’ at a community centre, with staff answering questions from the public regarding the various services available through CAFT.
Royal Hobart Agriculture Show The theme for the 2008 Royal Hobart Show was climate change and low-carbon living options. Staff from CAFT assisted on the information desk, fielding questions of every conceivable nature.
AGFEST 2009 CAFT again shared a site with the ACCC for the 2009 AGFEST, combining resources to provide a mix of consumer and business information and displays. The main CAFT theme for AGFEST 2009 was the promotion of the Rental Deposit Authority (RDA), which was due to commence on 1 July 2009. Considerable interest was shown by both tenants and property owners, with around 1,500 information brochures handed out. Many questions were asked, in particular, how its introduction would affect the individuals and what they had to do to when the scheme commenced, with most people believing the scheme to be a good idea. As usual, scam booklets and free give-a-ways were popular, with around 1,000 Little Black Book of Scams being handed out to the public.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 61 Consumer Services
Business Affairs Security and Investigations Agents Act 2002 The key purpose of the Security and Investigations Agents Act 2002 is to establish and maintain appropriate standards of service delivery and conduct for those engaged in crowd control, security, debt collection and investigation activities. These standards are intended to promote public confidence in the people who provide these services and promote the safety and security of people who are employed in the industry. The Commissioner for Corporate Affairs may refuse to grant a licence where an applicant has committed an offence involving dishonesty or violence, or has committed an offence under the Poisons Act 1971 , Misuse of Drugs Act 2001 or any offence related to the possession and use of a firearm or other weapon. In addition, Tasmania Police provide criminal history and other related information to assist the Commissioner to make informed decisions about the suitability of applicants. During the reporting period a number of applicants were declared unfit to hold a licence to undertake licensed activities: • 8 Security Agent licences were refused. • 1 Security Agent licences cancelled • 1 Security Agent licences suspended • 60 Security Guard licences were refused • 2 Security Guards licences cancelled • 2 Security Guards licences suspended • 8 Crowd Control Agents refused • 1 Crowd Control Agent cancelled • 53 Crowd Controller licences were refused • 3 Crowd Controllers licences cancelled • 2 Crowd Controllers licences suspended • 1 Commercial Agent licences refused 18 applicants applied to the Magistrates Court (Administrative Appeals Division) for a review of a decision not to grant a licence. The results of these reviews were: • 3 applications for review were upheld and the applicant was granted a licence; • 7 applications for review were dismissed; • 4 applications for review were withdrawn; and • 4 applications for review have been adjourned. Fair Trading Compliance Activities This year, staff from the Fair Trading branch of CAFT were involved in a number of national industry audits focusing on misrepresentations and misleading and deceptive conduct, local State-wide audits and one multi-agency public safety audit. The Branch continued to respond to complaints from the public regarding various legislative breaches with a number of prosecutions and warnings being issued.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 62 Consumer Services
Refund Policy - Retail Fashion Industry As part of a national coordinated program, CAFT conducted proactive visits to fashion retail outlets to check that their refund policy signage complied with requirements under the Fair Trading Act 1990 and the Trade Practices Act 1974 . The audit found a quarter of clothing stores visited misled customers into believing they did not have a right to refund by signs and messages on their sales dockets indicating that customers were not entitled to refunds or were restricted to credit notes or other remedies. Follow-up educational activities have occurred with six warnings being issued to retailers.
Two Price Bed Advertising In consultation with other State and National fair trading agencies, CAFT conducted an audit of pricing representations in relation to bed and mattresses to ensure that representations of price savings or discounts were not misleading or deceptive. Of the stores audited, 70 per cent engaged in two price advertising where the advertised price, which the product was being sold at, was less than the recommended retail price, or the retailer used the was/now price method of advertising. Warnings were given to retailers where the savings were not genuine.
Electronic Price Scanning Audit CAFT participated in the annual national audit of electronic price scanning systems. The audit involved checking the advertised or shelf price with the electronic scanned price. Twenty-five retail stores were visited throughout the State, and 625 individual items were scanned. The audit focused on a range of stores and businesses including service stations, pharmacies, hardware, supermarkets and discount and variety stores. The audit again showed a significant improvement over the previous year with 92 per cent of all items scanned having no errors compared with 88 per cent in 2008. However the number of Tasmanian stores having no scanned errors fell to 16 per cent, which was down 12 per cent from last year.
Security Guards/Crowd Controllers Fair Trading investigation officers have continued their strong presence within the security industry and have been involved in a multi-agency public safety audit, whereby licensed premises were checked for compliance with respect to a number of legislative requirements, including crowd control. CAFT has taken a number of enforcement actions within the security industry with one former security agent being fined $50,000 for employing unlicensed security guards and acting as a security agent while unlicensed.
Building Disputes Last year an investigation officer was appointed sole responsibility to investigate building related complaints. The investigator assists parties in disputes to identify the nature of their disagreement, develop options and consider alternatives to reach an amicable agreement.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 63 Consumer Services
A total of 128 complaints were lodged in the year with approximately 65 per cent of complaints being resolved to the satisfaction of both parties. It was noted that there was an excessive proportion of complaints with respect to the waterproofing of wet areas in residential dwellings, and in liaison with Workplace Standards Tasmania an appropriate training course is being developed for builders and designers to address this issue. Legislation is currently being developed to provide additional powers to assist in dispute resolution and to make enforceable rectification orders for faulty work.
Performance Indicators
Table 11.1: Compliance Actions
2004-05 2005-06 2006-07 2007-08 2008-09 Total number of enquiries 34,517 31,956 23,759 25,143 21,362 Total number of complaints 1,045 911 602 608 613 Business Names audits - - 908 1 2,527 5,381 Travel Agents Licence audits 58 70 80 3 51 Housing Indemnity audits 38 12 0 15 0 Fair Trading audits 51 65 600 2 625 675 Prepaid Funerals audits - 19 18 18 18 Security & Investigation Agents audits - 167 22 37 49 Boarding House audits - - - 10 1 Conveyancers - - - 8 0 Commercial Agents audits - - - 8 13 Cooperatives - - - 1 0 Surveyors Act 2002 - 1 1 1 1 Measurement and Standards 11,744 11,840 12,668 10,678 12,834 audits/verifications Product Safety audits 198 169 170 165 169 Business Affairs transactions 56,195 52,763 52,572 49,387 47,931 Residential Tenancy applications 108 127 177 148 169 Public awareness activities 106 109 115 112 118 Ministerial Referrals 218 269 221 213 210 Total Compliance Activities 104,278 98,478 91,913 89,707 89,595 1 Function transferred to Compliance in 2006-07 2 Additional activity resulting in participation in a national pricing survey
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 64 Consumer Services
Table 11.2: Compliance Costs of each Branch
2004-05 2005-06 2006-07 2007-08 2008-09 Measurement and Standards 611 614 620 538 551 Branch ($’000)
Business Affairs Branch ($’000) 481 455 462 506 505
Compliance and Advisory Branch 396 404 428 456 465 ($’000)
Total Cost Of Compliance 1,488 1,473 1,510 1,500 1,521 Actions ($’000) Cost Per Compliance Action $14.27 $14.96 $16.42 $16.72 $16.98
Statistical Information for 2008-09:
Table 11.3 Conciliation Complaints and Enquiries by Product Classification
Product Category Number of Number of Complaints Enquiries Building 133 21.70% 557 4.49% Communication & Information 25 4.08% 471 3.80% Credit, Finance & Investment 12 1.96% 130 1.05% E-Commerce 0 0% 2 0.02% Food & Clothing 35 5.71% 219 1.76% General & Household Goods 89 14.52% 1947 15.69% General Services 70 11.42% 2312 18.63% Insurance 5 0.81% 78 0.63% Marketing Methods 50 8.16% 28 0.23% Motor Vehicles & Products 28 4.57% 517 4.17% Policy/Legislation 0 0 3928 31.65% Professional Services 0 0 54 0.43% Real Estate & Accommodation 55 8.97% 1478 11.91% Scam 0 0 310 2.50% Travel, Hospitality, Tourism 81 13.21% 226 1.82% Unspecified Product or Service 30 4.89% 152 1.22% TOTAL 613 100.00% 12,409 100.00% Note: Complaints comprise general issues requiring further investigation, and compliance issues requiring investigation into possible breaches of legislation administered by CAFT. Enquiries are issues where advice is given to members of the public either by telephone or personal interview.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 65 Consumer Services
Table 11.4 Conciliation Complaints and Enquiries by Practice Classification
Practice Category Number of Number of Complaints Enquiries Advertising 66 10.77% 74 0.60% Contract 45 7.34% 422 3.40% Credit 30 4.89% 18 0.14% Miscellaneous 3 0.49% 0 0 Policy/Legislation 0 0 1083 8.73% Price 88 14.36% 188 1.51% Product Labelling 13 2.12% 6 0.05% Quality 244 39.80% 369 2.97% Representation 23 3.75% 113 0.91% Sales Methods 93 15.17% 79 0.64% Self Help Advice Consumers - - 6410 51.65% Self Help Advice Traders - - 203 1.64% Tenancy 0 0 2536 20.44% Warranties & Guarantees 8 1.31% 908 7.32% TOTAL 613 100.00% 12,409 100.00% Note: Each complaint or enquiry has a practice code (description) defining the problem with the product or service.
Table 11.5 Prosecution Actions
Act Number of Actions Outcome Fair Trading Act 1990 11 4 guilty, 7 pending Residential Tenancy Act 1997 1 1 withdrawn Security & Investigations Agents Act 2002 288 287 guilty, 1 pending Trade Measurement Act 1999 5 5 proven Warnings issued 67
Table 11.6 Product Safety Investigations
Product Category Number
Household Goods 8 24% Toys 6 18% Nursery 7 21% Other (Food, beverages, referrals) 12 37% TOTAL 33 100.00%
Table 11.7 Number of Incorporated Associations registered
2004-05 2005-06 2006-07 2007-08 2008-09 Registered 281 228 199 175 180 Struck off 227 146 124 331 255 Total Registered 3,526 3,608 3,683 3,526 3,451 Fees ($’000) 182 212 218 196 197
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 66 Consumer Services
Table 11.8 Number of business names registered
2004-05 2005-06 2006-07 2007-08 2008-09 Registered 4,408 4,116 3,950 3,854 3,654 Renewed 5,996 6,409 6,468 6,577 6,863 Total Registered 30,424 30,976 31,819 32,248 31,801 Revenue ($’000) 1,308 1,330 1,423 1,450 1,481
Table 11.9 Expired Business Names Compliance Audit
Action 2004-05 2005-06 2006-07 2007-08 2008-09 Expired Business Names where evidence of trade existed, CAFT 1,984 1 1,462 1 781 1 236 1736 made contact, but the proprietor took no action to renew the name. Expired Business Names where - 2 - 2 - 2 1685 2,834 there was no evidence of trade. Business Names Renewed 315 283 127 123 250 Carried forward to 2006-07 880 325 462 333 775 Total Listed for Audit 3,179 2,070 1,370 2,377 5,595 1. Includes ‘Expired Business Names where there was no evidence of trade’ 2. Not separated 2004-05, 2005-06 and 2006-07
Table 11.10 Number of securities registered or re-registered
2004-05 2005-06 2006-07 2007-08 2008-09 Bills of Sale 13,430 13,066 12,359 11,887 9,993 Stock, Wool and Crop Mortgages 6 3 2 16 18 Fees $822,000 $883,000 $867,000 $876,000 $767,000 Includes fees payable for 4 year renewal period
Table 11.11 Number of limited partnerships on register
2004-05 2005-06 2006-07 2007-08 2008-09 Number 106 112 114 114 114
Table 11.12 Number of cooperatives recorded on the register
Classification 2004-05 2005-06 2006-07 2007-08 2008-09 Trade Cooperatives 6 6 8 8 6 Primary Producers 9 9 9 10 6 Miscellaneous 22 22 22 22 20 Total 37 37 39 40 32
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 67 Consumer Services
Table 11.13 Number of activities processed
2004-05 2005-06 2006-07 2007-08 2008-09 Security Guards 580 715 846 1019 1135 Security Agents 71 154 168 160 208 Inquiry Agents 40 32 74 74 83 Commercial Agents 14 16 16 27 26 Commercial Sub-agents 13 8 8 5 7 Crowd Controllers - 452 647 825 908 Crowd Control Agents - 148 112 114 155 Total 718 1,525 1,871 2,224 2,522
Internet address www.consumer.tas.gov.au/business_affairs
Office of the Residential Tenancy Commissioner
The Residential Tenancy Commissioner determines disputes about residential tenancy security deposits. That role is established by the Residential Tenancy Act 1997 . During 2007 -08, the Office investigated 148 applications for determination of a security deposit dispute.
Table 11.14 Security Deposit Disputes – Applications Received
2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 Number 117 103 127 177 148 169 Of the 169 decisions made by the Commissioner, 12 resulted in appeals to the Magistrates Court. Of these, the Court upheld the Commissioner’s decision fully in three instances, partly upheld the Commissioner’s decision in three instances, and did not uphold the Commissioner’s decision in two instances. Of those instances where the Commissioner’s decision was not upheld new evidence was presented in one case.
Internet Address www.consumer.tas.gov.au/tenancy__and__real_estate
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 68 Industrial Relations Services
12. Industrial Relations Services
Services of the Tasmanian Industrial Commission
About the Commission The Tasmanian Industrial Commission (the Commission) is the industrial tribunal for the State of Tasmania. Established by reference to the Industrial Relations Act 1984 , the Commission has jurisdiction "to hear and determine matters and things arising from, or relating to, industrial matters, including the making of awards, the conduct of hearings and the settling of disputes, to provide for the registration of employer and employee organisations, to encourage workplace bargaining and to provide for related and other matters." Generally, "industrial matter" means any matter pertaining to the relations of employers and employees: • including a matter relating to: o the mode, terms and conditions of employment; o the termination of employment of an employee or former employee; o the reinstatement or re-employment of an employee or a former employee who has been unfairly dismissed; o the payment of compensation to an employee or a former employee if the Commission determines that reinstatement or re-employment is impracticable; o severance pay for an employee or a former employee whose employment is to be, or has been, terminated as a result of redundancy; o a dispute under the Long Service Leave Act 1976 or the Long Service Leave (State Employees) Act 1994 relating to an entitlement to long service leave, or payment instead of any such leave, or the rate of ordinary pay at which any such leave or payment is to be paid in respect of an employee or former employee; and • breach of an award or a registered agreement. "Industrial matter" does not, however, include a matter relating to: • the opening or closing hours of an employer's business premises; • compensation payable to employees in respect of injuries or diseases suffered in the course of their employment; • the preferential employment or non-employment of a particular person or class of persons who are or are not members of an organisation; • a bonus payment made at the discretion of an employer; • the insurance of employees; or • appointments, or promotions, other than in respect of the qualifications required for advancement.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 69 Industrial Relations Services
Membership of the Commission Patricia Leary President Pauline Shelley Deputy President Tim Abey Commissioner James McAlpine Commissioner Staff of the Commission Staffing and support services to assist the Commission in the carrying out of its powers and functions are provided by the Department of Justice.
Report on Major Issues for 2008-09 Tasmania to Join National IR System On 9 June 2009, the Minister for Workplace Relations, Lisa Singh MP, announced that Cabinet had given in-principle approval for Tasmania to refer the balance of private sector industrial relations to the Australian Government. Tasmania confirmed its decision, which is to move towards a national industrial relations system covering the private sector, at the meeting of the Workplace Relations Ministerial Council in Sydney on 11 June 2009 Queensland, South Australia, and Victoria joined Tasmania in communicating in-principle support for referral, with details to be finalised in the coming months. The Minister sought assurances from the Australian Government that there would be a significant focus on education for employers to ensure that in the transition to modern awards that all parties are aware of their rights and obligations under the Fair Work Act 2009 (Cth). Public sector industrial relations will remain with the Tasmanian Industrial Commission. The likely date for the referral is 1 January 2010.
Continuing Effect of ‘WorkChoices' on Workload The number of applications filed with the Commission during the reporting period was in the region of 50 per cent less than the number lodged in the corresponding period before the commencement of 'WorkChoices' in 2006. In the previous 12 months, the differential was 67 per cent. The Registrar has managed the reduced workload by not filling staffing vacancies and by allowing existing staff to reduce their hours of work on request and take long leave where possible.
Alternative Dispute Resolution Process under 'WorkChoices' The Commission can conduct an alternative dispute resolution process under federal industrial legislation if all parties to the dispute agree and give the Commission the necessary powers.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 70 Industrial Relations Services
Legislative Framework No amendments were made to either the Industrial Relations Act 1984 or the subordinate Industrial Relations Regulations 2005 during the period.
Heads of Tribunals Meetings The President of the Australian Industrial Relations Commission convened meetings of the heads of all State tribunals and the Federal tribunal for the purpose of furthering cooperation between the various tribunals and exchanging information of mutual interest to all tribunals. The President attended the meetings.
Disputes Relating to Termination of Employment Disputes relating to termination of employment are usually set down for conciliation within three weeks of lodgement. Those listed outside that period are listed either as a result of the unavailability of the parties to the dispute or at the request of the parties. Matters unable to be resolved through discussions at the conciliation conference proceed to a formal hearing on another date.
Educational Activities Commissioners, wherever possible, make themselves available to participate in conferences and seminars or to speak to high school students and university students about the role and function of the Commission.
Industrial Awards During the year, the Minister administering the State Service Act 2000 lodged nine applications to rescind public sector awards with the Registry pursuant to s32 of the Industrial Relations Act 1984 : • Administrative and Clerical Employees Award; • Electrical/Electronic Trades Public Sector Award; • Fire Service Award; • Metal Trades (State Employees) Award; • Operational Employees Award; • Professional Employees Award; • Tasmanian TAFE Teachers Award, • Tourism Tasmania Award (application discontinued by applicant) ; and • Tourism Tasmania Award. The Commission rescinded the eight 1 awards because an extensive re-writing of the General Conditions of Employment Award (now the Tasmanian State Service Award) rendered the awards redundant. During the year, the Commission, pursuant to s23 of the Industrial Relations Act 1984 , made the Post Year 10 Teaching Staff Award . The award was established to cover all persons employed under the State Service Act 2000 at the newly created Tasmanian Academy,
1 Two applications were submitted to rescind the Tourism Tasmania Award.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 71 Industrial Relations Services
Tasmanian Polytechnic or Tasmanian Skills Institute in the relevant classifications named in the award.
Web Page Industrial Agreements covering public sector employees have been added to the Commission’s website. Industrial agreements and enterprise agreements covering private sector employees are only made available to employees and employers covered by them. Consequently, these agreements cannot be accessed through the website.
Court Reporting Services Hearings before the Commission and Registrar are recorded with the exception of that part of proceedings where the parties adjourn into private conference as part of the conciliation process. A transcript of proceedings is produced only at the direction of the presiding member. If a transcript of proceedings is produced, a copy is provided without charge to the parties. During the year, a private transcript company, Auscript Pty Ltd, undertook the transcription service for the Commission.
Statistical information on next page.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 72 Industrial Relations Services
Table 12.1 Statistical Overview of Applications Lodged
2005-06 2006-07 2007-08 2008-09
Awards New awards 5 2 0 1 Award variations (s23) 32 22 20 19 Award variations (s65A) 2 0 0 1 Rescissions 1 0 6 9 Interpretations (s43) 1 3 1 4 Total 41 27 27 34
Disputes (s29) Termination of employment 206 98 62 65 Breach of award 122 93 72 77 Severance pay 41 9 13 22 Long service leave 11 13 15 13 Breach of process 0 4 0 0 Freedom of Association 0 0 0 1 Total 371 217 162 178
Registered Agreements (s55) Approved 89 15 15 32 Varied 7 1 1 9 Retirements 16 3 2 68 Concurring 3 0 0 0 Total 115 19 18 109
Enterprise Agreements (s61) Approved 38 6 6 12 Total 38 6 6 12
Full Bench Proceedings Appeals (s70) 18 5 2 5 Award Variations 2 3 8 3 Award Rescissions 0 0 0 4 Appeals (s14) 0 0 0 0 Transfer of Business 0 0 0 1 Approval of Agreement (s55) 0 0 0 1 Total 20 8 10 14
Long Service Leave Disputes Long Service Leave Act 1976 6 0 2 1 Long Service Leave (State Employees) Act 1994 1 0 1 1 Total 7 0 3 2
Award Variations printed 213 151 160 134 Private Arbitration 0 0 1 0 Records of Employment (s75(7A)) 0 2 0 0 Infirm Person for Authority (s79) 0 1 0 2
Note The reduction in dispute figures from 2006-07 can be attributed to the introduction of the Federal ‘WorkChoices” industrial legislation which excluded employees of constitutional corporations from seeking relief in the State jurisdiction.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 73 Industrial Relations Services
Table 12.2 Statistical Overview of Statutory Functions of the Registrar
2005-06 2006-07 2007-08 2008-09
Supported Wage Applications 163 195 131 183 Registration of Organisations 1 0 0 0 Amalgamation of Organisations 1 0 0 0 Cancellation of Registration 0 0 0 0 Alterations to Rules 1 1 2 1 Actions taken, including prosecutions, for failure to comply with an Order of 15 13 5 4 the Commission
Internet Address www.tic.tas.gov.au
Workers Rehabilitation and Compensation Tribunal
The Workers Rehabilitation and Compensation Tribunal is established under the Workers Rehabilitation and Compensation Act 1988 . The Tribunal prepares a separate Annual Report on its activities, including performance information. The Report is available on the Tribunal’s web site.
Internet Address www.workerscomp.tas.gov.au
Industrial Relations (Private Sector)
Services include the provision of research, analysis and policy development on industrial relations issues in the private sector for the Minister for Workplace Relations. Support is also provided to the Minister for Workplace Relations in relation to industrial relations policy and the implementation of the Australian Government’s “Forward with Fairness” workplace relations policy.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 74 Resource Planning
13. Resource Planning
Land Use Planning
The Land Use Planning Branch leads policy development in key strategic land use planning matters of interest to the State and provides professional planning policy advice to the Minister for Planning, other government agencies and local government, and provides input into major planning initiatives and projects.
Report on Major Issues for 2008-09 Regional Planning Initiative The regional planning initiative was announced in the 2007-08 Tasmanian Budget and continued in 2008-09. The initiative flows from the reforms identified in the Better Planning Outcomes Response Report and marks the first step towards achieving consistent and contemporary planning schemes across the State based on a regional land use strategy. The Regional Planning Initiative is a new way of achieving: • more consistency in the format and structure of planning schemes; • common objectives and provisions; and • fewer schemes through the introduction of regionally based planning schemes for the three regions of the State. There has been considerable progress on the regional planning initiative since 2007-08 with the State Government signing a Memorandum of Understanding (MoU) with Tasmania’s eight northern councils on 6 August 2008 as the first step towards achieving regionally based consistent planning schemes for the North and North-East regions. In late 2008, all southern region councils agreed to participate in the same regional planning process and signed a MOU with the State Government. As a consequence, all three regions have Project Managers in place, and work is underway to develop the regional strategies. The Settlement and Investment Strategies project, announced in the 2008-09 Tasmanian Budget, builds on the State/Local Government Regional Planning Initiatives. The State Government also funded a similar project for the East Coast sub-region where there are significant development issues needing urgent attention. The Project formally commenced in August 2008. The East Coast will be treated as a subregion for the purpose of the State Government’s Regional Planning Initiative. The subregion includes the whole of the municipal areas of Tasman, Glamorgan-Spring Bay and Break O’Day Councils, and the rural and coastal areas of Sorell.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 75 Resource Planning
The project has three distinct, but closely interrelated, phases: Phase 1 - State of the Subregion report based on an audit and review of existing information; Phase 2 - Strategic vision and land use options report; and Phase 3 - A Subregional Land Use Framework that identifies implementation priorities spatially and within a timeframe. The project will incorporate a comprehensive community consultation process for all stakeholders including State Government agencies, peak body organisations and associations (both in the subregion and regions), industry and business. The Land Use Framework is expected to be completed late in 2009.
Review of Tasmanian Planning System A review of aspects of the Planning System of Tasmania commenced in May 2008. The review was designed to identify and make recommendations on further streamlining decision making in the planning system but not at the expense of good planning outcomes. Its primary task was to review the roles and functions of the various components in the planning system, such as the RPDC and the Resource Management and Planning Appeal Tribunal, the Land Use Planning branch of the Department of Justice and the role of the Minister for Planning. In late February 2009, the Steering Committee provided the Minister for Planning with its final report including an analysis of the public submissions and a series of recommendations about some fundamental planning system elements. The most important elements of that report were the need for independent statutory decision making, retention of third party appeal rights, a critical mass of planning expertise within government, more proactive direction from government on planning policy and better connectivity to local government. The report included a number of options for the reform of the planning system based on those elements. The State Government determined that the preferred governance arrangements for a responsive and dynamic planning system require the creation of a new Tasmanian Planning Commission, to include the current Resource Planning and Development Commission (RPDC) functions combined with a new policy and advisory role. The Commission will be supported by amalgamating the staff of the RPDC and the staff of the Land Use Planning Branch. Legislation to create the new Commission passed through Parliament in June 2009, and the Commission is expected to commence operation early in 2009-10. The Commission itself will be made up of the members of the RPDC together with representation of relevant State Government agencies (DIER and the Water and Sewerage Corporation) to assist in an integrated approach to planning.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 76 Resource Planning
The Review of State Planning System also recommended that a new assessment process to deal with major regional projects (Projects of Regional Significance) should be established. Legislation for this new project category and assessment process will be introduced into Parliament in 2009-10. The Bill dealing with Projects of Regional Significance will also include provisions to support the Regional Planning Initiative.
Performance Indicators
Table 13.1 Achievement of Strategic Project Milestones 2008–09
Performance Measure 2008–09
Number of strategic project identified milestones achieved 3 of 3
For 2008-09 the three major project milestones identified were the commencement of the Regional Planning Initiatives in the North and North-East and South of the State and completion of the review of the Tasmanian Planning System. All were achieved.
Internet address www.justice.tas.gov.au/landuseplanning
Resource Planning and Development Commission
The Resource Planning and Development Commission (RPDC) is an independent statutory body established by the Resource Planning and Development Commission Act 1997. The principal functions of the RPDC are to: • assess and approve planning schemes and amendments to planning schemes under the Land Use Planning and Approvals Act 1993 ; • assess projects of State significance and draft State policies under the State Policies and Projects Act 1993 , in accordance with the Premier’s directions; • prepare the Tasmania State of the Environment Report; • conduct inquiries into the use and management of public land in accordance with terms of reference issued under the Public Land (Administration and Forests) Act 1992 ; and • review the representations and report of the Secretary of the Department of Primary Industries and Water relating to draft water management plans under the Water Management Act 1999 . In undertaking these tasks the RPDC is required to further the objectives of the Resource Management and Planning System. For more detailed information on the RPDC’s activities please refer to the RPDC’s Annual Report. The report is available on the RPDC’s Internet site at the address below.
Internet address www.rpdc.tas.gov.au/
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 77 Resource Planning
Resource Management and Planning Appeal Tribunal
The Resource Management and Planning Appeal Tribunal (RMPAT) is an independent statutory body established by the Resource Management and Planning Appeal Tribunal Act 1993. The objectives of the RMPAT are to: • promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity ; • provide for the fair, orderly and sustainable use and development of air, land and water; • encourage public involvement in resource management and planning; • facilitate economic development in accordance with these objectives; and • promote the sharing of responsibility for resource management and planning between the different spheres of Government, the community and industry in Tasmania. For more detailed information on the RMPAT’s activities please refer to its Annual Report, which can be found on its website.
Internet address www.rmpat.tas.gov.au/
State Architect
Tasmania’s first State Architect was appointed on 1 June 2009 to provide strategic and independent advice to the Tasmanian Government on matters relating to planning, urban design, building architecture and built heritage. The State Architect has an advisory role in the Government’s own building and infrastructure projects although specialist advice will still need to be contracted from the private sector for major construction projects. Since starting in the role, the State Architect has created collaborative working relationships with a range of State agencies and other stakeholders including: • peak professional bodies; • the Heritage Council; • Local Government; • the University of Tasmania; and • the Tasmanian Climate Change Council.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 78 Workplace Standards
14. Workplace Standards
Workplace Standards Tasmania
Workplace Standards Tasmanian (WST) administers legislation that regulates occupational health and safety; dangerous goods; security-sensitive dangerous substances; workers rehabilitation and compensation; building and plumbing activities; electricity standards and safety; natural gas safety; long service leave; shop trading hours; and statutory holidays. WST also: • conducts accident and incident investigations; • undertakes audits for compliance with legislation; • delivers awareness and educational programs; • provides advice about working entitlements; • assesses and processes licences and permits; • provides strategic policy analysis and advice; and • accredits building practitioners. The Output group consists of: • an Inspectorate (comprised of a general workplace inspectorate and specialist units including Advocacy and Prosecution, Helpline, Industrial Compliance, and Standards); • a Major Infrastructure Branch (consisting of the following Units: Electricity Standards and Safety, Dangerous Substances, Gas Standards and Safety, Mines, and Compliance and Major Hazard Facilities); • Policy & Planning; and • Building Control (comprised of Building Standards and Regulation, Audit and Compliance and Building Practitioner Accreditation). Report on Major Issues for 2008-09 Inspectorate Field inspections A key part of the Inspectorate’s role is visiting workplaces to help with and ensure compliance with the relevant legislation. They can be prompted by accidents, complaints, requests, proactive projects, reactive actions and general issues brought to an inspector’s attention. Consistent with the Workplace Standards’ Enforcement Policy, the Inspectorate’s preferred style of intervention in a workplace is guidance and education. However, on occasions more formal intervention may be required. The range of formal options open to the Inspectorate includes: • Section 38 Notices under the Workplace Health and Safety Act 1995 to prohibit specific work activities or to require improvements to be implemented; • infringement notices for specified offences; or • prosecution.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 79 Workplace Standards
During 2008-09, there were 4,568 visits for proactive compliance monitoring; 1,679 visits for accident, incident and/or complaint investigations; 391 visits for education and advice and promotional activities. There were also 129 improvement notices issued and 98 prohibition notices issued.
Investigations Under the Workers Rehabilitation and Compensation Act 1988 , 75 investigations were commenced. Under the Workplace Health and Safety Act 1995 , 144 accidents and incidents were investigated.
Infringement notices Under the Workers Rehabilitation and Compensation Act 1988 , 13 infringement notices were issued. The total of infringement notices fines was $7,400. Under the Workplace Health and Safety Act 1995 , 52 infringement notices were issued. The total of infringement notices fines was $59,400.
Prosecutions Under the Worker Rehabilitation and Compensation Act 1988 , 15 cases were prosecuted in the Magistrates Court; 13 defendants were convicted and 2 cases were still proceeding. A total of $50,587 was awarded against employers for failing to have workers compensation insurance and for premiums avoided. One penalty was for $15,083. Under the Workplace Health and Safety Act 1995 , 30 cases were prosecuted in the Magistrates Court; 7 defendants were convicted, 6 defendants were found not guilty, 3 were withdrawn and 12 prosecutions were still proceeding. Two appeals were made to the Supreme Court; one was decided in favour of Workplace Standards and the other against. The total fines were $81,000 plus $2,980 in external costs incurred in investigations.
Telephone enquiries and publication requests The Helpline is the telephone and email information centre for WST and WorkCover, and is the first point of contact for the public. Queries to the Helpline cover workers compensation, OH&S and other legislation administered by WST. Stakeholders are provided with relevant information and matters requiring further research are directed to other parts of WST or WorkCover. This year, over 45,282 phone calls were answered (about 5 per cent fewer than previous year). The number of calls related to the following areas: Building control 1,526 Dangerous goods 1,555 Federal industrial relations 5,032 Long service leave 1,162 Other 993 State industrial relations 16,013 Statutory holidays 1,178 Workplace health and safety 14,431 Workers rehabilitation and compensation 3,392
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 80 Workplace Standards
The Helpline also received 2,740 emails (28 per cent more than last year), processed more than 1,956 requests for publications (29 per cent fewer than last year), and provided more than 87,280 publications (17 per cent fewer than last year).
Major Compliance Activities As part of the move to a nationally harmonised approach to health and safety regulation, the Inspectorate participated in a number of national compliance projects under the auspices of the Heads of Workplace Safety Authorities. Each project is coordinated by a particular state, which develops a consistent methodology or tools for conducting workplace inspections around the particular issue. Inspectorates benefit by having issue or industry specific tools developed for them. Stakeholders benefit through having a consistent methodology applied in each state. Tasmania participated in the following new projects:
Managing Aggressive Behaviour in Health Care This project is designed to control the risk associated with management of workplace aggression in the health industry.
Manual Tasks and Moving Objects in the Retail Wholesale Transport and Storage Industries This project takes a ‘whole of supply chain’ approach to manual handling with the specific objectives being to: • identify the barriers impacting on the uptake of information products; • identify the barriers impacting on the implementation of manual tasks related controls; • identify controls currently used by industry; • increase obligation holder's capacity to manage manual task risks; and • evaluate the impact of the jurisdictional intervention strategy on workplace performance. New and Young Workers in Hospitality (Cafes and Restaurants) This project aims to raise awareness and understanding of duty holders, new and young workers, health and representatives/officers and other stakeholders in terms of managing risks to new and young workers.
Accreditation and Licensing High Risk Work Licences have now been operational for a full year. 11,756 licences have been issued/renewed for forklift operators, crane operators, hoist operators, dogman, rigging, scaffolding and pressure equipment operators. New registrations for hazardous plant have been issued for 872 items and inspection database updates have included some 2,862 items of plant. The following have been issued/renewed: • 25 asbestos removalist licences • 89 gasfitters certificates of competencies
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 81 Workplace Standards
• 43 high risk work assessor registrations • 17 plant inspector registrations • 803 employee safety representative appointments • 35 design registrations for hazardous plant • 51 natural gas certificates of competencies Major Infrastructure Branch Electricity Standards and Safety • Seven disciplinary actions were concluded, 3 electrical contractors, and 4 electrician licence holders had conditions imposed on their licences. • There were 23 accident investigations; 67 equipment safety investigations; and 115 electrical equipment hazard alerts acted on. • There were 2,120 electrical technician licences issued/renewed; 222 restricted and provisional licences; and 883 electrical contractor licences: 20 transitional licences for cable joiners and 273 transitional licences for line-workers. • There were 16 retailer energy efficiency label audits conducted; and 10 second-hand dealer audits. • There was 1 electrical infrastructure audit conducted. Dangerous Substances Unit In 2008-09, the Dangerous Substances Unit: • established a State-wide administrative framework to facilitate recording and assessment of notifications from industry groups that handle and store dangerous substances. • conducted an explosives amnesty in conjunction with Tasmania Police to remove items such as blasting explosives and detonators from public access. • was represented at the Australian Forum of Explosive Regulators (AFER), which was a forum to promote safety and security and nationally consistent explosives regulations. • began implementing a national training framework for dangerous goods bulk driver licensing to coincide with the introduction ADG7, and integrating training providers into the VET system on a national basis. • conducted 418 background checks for SSDS and Shot-firer permit applicants and 32 audits of permit holders and security plans. It issued 49 Security-sensitive Dangerous Substances permits, 300 Responsible Worker cards and 360 shot-firer permit cards. In regard to the transport of dangerous goods 223 bulk drivers’ licences and 60 bulk vehicle licences were issued. 1185 fireworks permits were issued. Gas Standards and Safety Unit The annual report of the Director of Gas and Gas Safety provides information about the Director’s activities and can be found at: www.wst.tas.gov.au/industries/gas/publications/anreports
Mines, Quarries and Mineral Processing A rigorous inspection regime was maintained at all major mining and mineral processing sites across the State including an increasing number of smaller mines, quarries and processing
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 82 Workplace Standards plants with a strong focus on geotechnical management at the sites, the safe storage, transport and use of explosives, site emergency preparedness and machinery guarding. Inspectors undertook investigations into a number of dangerous incidents and serious accidents that occurred within the mining sector. These resulted in the issuing of prohibition and improvement notices to the mining companies involved. Several safety alerts regarding these incidents were released to enable valuable lessons to be shared throughout the mining industry with the aim of improving the level of safety in mining operations. The findings from the Coronial Inquest into the death of Larry Knight in the Beaconsfield Gold Mine on Anzac Day 2006 were released during the year. The recommendations made by the Coroner continue to be analysed by WST and any implications for the mines inspectorate from this and other coronial inquests are being carefully considered prior to implementation. A number of audits were also undertaken during the year including audits of the Ground Control Management Plans at both the Copper Mines of Tasmania mine at Mt Lyell and the Renison mine, while a separate full audit of the surface electrical reticulation system at Renison mine was also undertaken. Sections of the OH&S management plan in use at the Beaconsfield Gold Mine were measured against the Australian Standard AS4801 to determine regulatory compliance.
Policy and Planning Branch Advice, support, information and representation were provided for a range of State and National forums including the Council for the Australian Federation, Workplace Relations Ministers Council, Australian Safety Compensation Council, Heads of Workplace Safety Authorities, Heads of Workers Compensation Authorities, National Mine Safety Framework, WorkCover Tasmania Board and the Nominal Insurer. The process is continuing to develop new mine safety legislation for Tasmania, by consulting with stakeholders on the best regulatory model, taking into account local needs and national developments. A draft Code of Practice Applicable Standards for Underground Mining and Associated Operations was implemented with the aim of improving mine safety. The draft Code calls up a number of standards and guidelines covering safety management systems, risk management, safety requirements for conveyors, and guidance on the application of exposure standards for atmospheric contaminants. The Occupational Licensing Act 2005 commenced on 19 January 2009. The Act provides a new licensing system for electrical, gas and plumbing occupations in Tasmania. Work was suspended on the development of gas fitting and gas safety regulations under the Act for a short period to accommodate the urgent development of a regulatory framework to facilitate the roll out of the use of liquid natural gas as a fuel for the trucking industry. In parallel with development work to role out licensing under the Occupational Licensing Act 2005 , significant input was provided to the licensing reforms and other regulatory reforms being undertaken for the Council of Australian Governments. The Dangerous Substances (Safe Handling) Act 2005 commenced on 1 July 2009. The Act adopts national standards for the safe handling of dangerous goods and control of major
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 83 Workplace Standards hazard facilities. Work is continuing for the adoption of new national model legislation for the transport of dangerous goods by road and rail. Amendments were made to the Security-sensitive Dangerous Substances Act 2005 by adding explosives to the schedule of security-sensitive dangerous substances. Following an Asbestos Forum held earlier in the year, a framework of a tripartite Steering Committee supported by a Reference Group and Expert Groups has been established to develop a Whole-of-Government policy for the future management of environmental and in-situ asbestos. Work is progressing well on this project. Work is continuing on the development of new legislation to amend the Workers Rehabilitation and Compensation Act 1988 . The package of amendments will implement a new return to work and injury management model, and many of the reforms that were identified following a review of the Act in 2008 by Mr Allan Clayton.
Building Control Branch Building Standards and Regulation The Building Amendment Act 2009 made a number of minor amendments to the Building Act 2000 relating to the accreditation fee, consistency with planning legislation and clarified enforcement powers. Revised Architects Regulations were proclaimed in December 2008. There were 1,417 owner-builder registrations during the year for projects worth nearly $160 million. This represents 81 per cent of the value of owner builder work for the same period in 2007-08. Ongoing training activities included training for Council permit authorities, building surveyors, building designers and trade waste officers. A public display was held at Agfest with other WST groups. A program offering Certificate IV in Government (Statutory Compliance) to Local Government building and plumbing enforcement officers was implemented. Information and advisory publications were developed and distributed to the public and building, plumbing and local government stakeholders.
Building Practitioner Accreditation A new Scheme for the Accreditation of Building Practitioners was gazetted on 23 July 2008. This scheme reduced the number of building categories from five to three and reduced the number of engineering categories from ten to three. As at 30 June 2009, there were a total of 2,861 accreditations listed on the WST website involving a total of 2,402 individual building practitioners. During the twelve month period 257 new practitioners were accredited for a net gain of 15. Two-hundred-and-forty-two practitioners did not seek re-accreditation.
Audit and Compliance The following audit activity was carried out: • 78 desktop surveys of Building Surveyors • 7 in-depth audits of Building Surveyors
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 84 Workplace Standards
• 17 audits of Councils/Permit Authorities • 2 audits of Building Designers • 2 audits of Engineers • 46 audits of Builders • 48 compliance checks of Owner builders • 83 on-site visits of builders The following complaints were completed: • 8 accredited practitioners found guilty of unsatisfactory professional conduct • 2 accredited practitioners found not guilty of unsatisfactory professional conduct • 5 complaints were finalised without proceeding to decision • 2 complaints were dismissed without investigation • 3 complaints were suspended pending finalisation of external proceedings
Internet address www.wst.tas.gov.au/
WorkCover Tasmania Board
The WorkCover Tasmania Board is established under the Workers Rehabilitation and Compensation Act 1988 as an independent entity. It exercises powers and functions under that Act and under the Workplace Health and Safety Act 1995 . The Board is supported by the staff of the WorkCover Branch. For more detailed information on the Board’s activities please refer to the Board’s Annual Report available in the publications section of the Board’s website.
Internet Address www.workcover.tas.gov.au
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 85 Sullivans Cove Waterfront Authority
15. Sullivans Cove Waterfront Authority The Sullivans Cove Waterfront Authority is an independent statutory body established by the Sullivans Cove Waterfront Authority Act 2004 (Act). Under the Act, the principal functions of the Authority are to: • identify, and, where appropriate, maintain and enhance the cultural, historic, social and economic components of the planning area; • facilitate the use or development of land in the planning area; • assess and approve or refuse the use or development of land in the planning area; The Authority is a planning authority under the Land Use Planning and Approvals Act 1993 and its statutory role extends beyond this to include building and plumbing regulations under the Building Act 2000 . On 19 November 2008 the staff of the Authority were transferred to the Department of Justice from the Department of Infrastructure, Energy and Resources.
Report on Major Issues for 2008-09 In 2008-09 the Authority completed and initiated a number of strategic planning projects including the Hobart Railyards Urban Design Strategy and the Franklin Wharf Management Plan and Improvements Project. A number of significant projects are currently under way in the Sullivans Cove including Parliament Square, Princes Wharf Shed No.1 and a major private development in Montpelier Retreat. The Authority’s role in these projects has been to engage with the project owner or developer early in the life of the project to further the quality of proposal that is eventually submitted for a planning permit. Care is taken to ensure that the Authority does not prejudice its eventual responsibility to determine an application for a planning permit. For more detailed information on the Authority’s activities please refer to its Annual Report, which is available at:
Internet address www.waterfront.tas.gov.au/
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 86 Office of the Secretary
16. Office of the Secretary The Office of the Secretary is responsible for: • ministerial liaison and management of the legislative program; • policy, planning and reporting functions for the Department; • business analysis and special projects; • case co-ordination and program management functions associated with Safe at Home; • intra/inter Government relations, including Cabinet business and local government partnerships; • communications; and • Freedom of Information requests. Report on Major Issues for 2008-09 The major projects identified in the Office of the Secretary’s Business Plan for 2008-09 included:
Review of Safe at Home The report on the first phase of the Review of the Safe at Home program was received in March 2008; the second phase, in relation to the integrated service response, is expected to be delivered sometime after 30 June 2009. While it was envisaged that parts of the report would be given a priority to enable some aspects to be considered in the 2009-10 Tasmanian Budget process, the diminishing financial capacity of the Government to expand services has resulted in a deferral of a submission on part of the findings of the Review. A submission based on the full analysis of both parts of the Safe at Home Review will be prepared for the 2010-2011 Tasmanian Budget.
Court Mandated Diversion Pilot Program An evaluation of the first 12 months of the Court Mandated Diversion pilot program was completed during 2008-09. While the evaluation highlighted the relatively short timelines, it was supportive of the program and its processes. On 1 July 2008, case management activities were transferred from Community Corrections to Anglicare. To minimise the risk of a conflict of interest, this change resulted in some changes to the roles organisations undertook. It was also expected that these changes would overcome some of the problems identified through the evaluation. The Australian Government confirmed that funding for the pilot would continue to 30 June 2009; however, the level of funding would only enable the Program to continue to accept clients until the end of March. During 2008-09, funding for the Illicit Drug Diversion Initiative from the Australian Government was rolled into funding to the States through the Australian Health Care Agreement. This ensures the funds for the program will be available in the longer term.
Indigenous Justice Issues The Strategic Policy and Projects branch continued to be actively involved in an increasing number of initiatives to address identified inequalities relating to Indigenous access to justice. Work on Indigenous justice issues has expanded with the projects being undertaken
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 87 Office of the Secretary including the COAG Indigenous Partnership initiative, COAG Closing the Gap Initiative; the SCAG Working Party on a national Indigenous Law and Justice Framework; and various projects auspiced by the National Justice CEO Group.
Prison Infrastructure Redevelopment The Department of Justice’s forward estimate includes an amount of $20.2m to commence the planning and construction of the next phase of the Prison Infrastructure Redevelopment Program. This project involves the construction of a new maximum security block within the Risdon Prison Complex. It is expected that the design and preparation of tender documentation for this project will commence in 2010-11, with the tender and construction to commence in 2011-12 and the main construction phase of the project to be completed during 2013-14.
Freedom of Information Act 1991 Review The review of the Freedom of Information Act 1991 (FOI Act) is one point of the Ten Point Plan of strengthening trust in democracy reforms announced by the Premier in August 2008 and work on the review is very well advanced. The review of the FOI Act commenced through an invitation for submissions to gauge the community’s views on how the laws are going and what improvements could be made. Thirty-one actual submissions were received and over 70 people took part in consultation forums. A Directions Paper, Strengthening trust in Government: Everyone’s Right to Know , was released for public comment, outlining what changes might be made to Freedom of Information. One of the main recommendations was the replacement of the current Freedom of Information Act with a Right to Information Act. The invitation for comments closed on 8 May. A further round of public comment on the Draft Bill is planned before the Bill is introduced to Parliament. The Government is giving priority to this reform and expects the Bill to be introduced in the Spring session 2009.
Public Interest Disclosures Act 2002 Review Another aspect of the Premier’s Ten Point Plan to strengthen trust in democracy is the review of the Public Interest Disclosures Act 2002 (PID Act). The aim of this review is to assist with the identification of possible amendments to provide better investigation of improper conduct by a public officer and to provide better protection for public officers who report this type of conduct. A first round of public consultation closed on 13 February this year. Work on a Directions Paper is now complete and recently the Attorney-General announced the release of the paper, Strengthening trust in government…. the spotlight on improper conduct . Submissions on the recommendations in the paper were invited from the Tasmanian community and closed on 26 June 2009. Once again the changes flowing from this Bill will be introduced to Parliament in the Spring Session 2009.
Whole of Government activities During 2008-09 the Office of the Secretary was involved in a number of whole-of- Government activities. These projects include:
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 88 Office of the Secretary
• preparing a Carbon Emissions Reduction Plan (CERP) applicable to all activities of the Department; • contributing to the Tasmanian Plan for Positive Ageing; • taking part in the Partnership Agreements between the State Government and local council; • influenza pandemic planning; and • taking part in the Tasmania Together Interdepartmental Committee.
Internet Address Additional information relevant to the Office of the Secretary is available at: www.justice.tas.gov.au/corporateinfo
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 89 Corporate Services
17. Corporate Services The Corporate Services Division comprises of the six following work groups: • Finance Branch • Information Technologies Branch • Library Services • Records Services • Human Resources Branch • Strategic Systems Branch Finance Branch The Finance Branch provides a wide range of specialist financial, budgeting and accounting services and facilities management services. During the past year, the Branch has: • in conjunction with an inter-Agency Consortium, completed the tender process for the supply of electricity required as a part of contestability requirements for Tranche 3 and Tranche 4 sites; • implemented the accounting services and functions for the Sullivans Cove Waterfront Authority as part of an administrative restructure undertaken during 2008-09; • implemented the accounting services and functions for the Legal Profession Board of Tasmania; • completed the upgrade of the Department’s FMIS (Finance One) and implementation of a new budgeting module as part of the upgrade; • completed a revaluation of all of the Department’s land, buildings and prison structures; and • commenced a major review of the Department’s Strategic Asset Management Plan, which is expected to be finalized in the first half of 2009-10. Information Technology Services Branch The Information Technology Services Branch provides a range of IT services including management and support of a State-wide computer network, corporate databases and servers, IT security and hardware leasing, including the installation and maintenance of IT hardware and software and provision of a Helpdesk service and business consultancy. During the past year, the Branch: • migrated databases from Workplace Standards Tasmania to new hardware within the Department of Justice (DoJ) environment; • assisted with the preparation and setup of systems for the Beaconsfield Inquest (Coronial Inquest into the death of Larry Knight); • migrated the Sullivans Cove Waterfront Authority IT systems from the Department of Infrastructure, Energy and Resources to DoJ; • planned and installed the infrastructure for the new Legal Profession Board; • prepared and coordinated a Whole-of-Government tender for a Service Management Tool;
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 90 Corporate Services
• introduced a Web Content Filtering product into the Department; • established a new structure within the branch to cater for service delivery and support; • upgraded a number of network links and implemented private network addressing to improve security at numerous sites; • improved the desktop/notebook exchange timeframes; • upgraded the Workplace Standards Tasmania Records Management (TRIM) system; • improved the turnaround time for IT incident handling; and • supported initiatives within the Prison Service including: o procurement and implemention of an intelligence analysis system; o establishment of a secure environment to host training systems; and o supporting the Risdon Linc initiative. Library Services Library Services supports the essential information needs of the agency by providing services that collect, manage and provide access to relevant information sources. Library Services provides similar information services to private legal practitioners in Tasmania through its partnership agreement with the Law Society of Tasmania. During the past year, the Branch has undertaken the following major initiatives: • Surveys of clients of the libraries were conducted to gather data on their use of the central and regional and working library collections and services, and on their use of print and online library resources. The surveys were accompanied by a letter from the Attorney-General and the President of the Law Society of Tasmania indicating their support for the redevelopment of the library services to take advantage of the online environment. • Staff also collected and analysed detailed information on the use of library services by the various client groups State-wide. • Findings were documented for presentation to the Library Management Committee and will assist the Committee in reaching agreement on the redevelopment of the libraries. • The project to standardise the catalogue databases of the three integrated collections and the D.M. Chambers Library was completed, improving cost-efficiency and accuracy of the library technical services. • Further development of the databases will increase the information available on the catalogues about each of the collections, improving the client’s ability to find library resources using the web catalogues, regardless of their location. Library staff continued to provide research assistance, collection-based services, and legislation updating services to Crown Law staff. Plans to reinvigorate the facilities of the D.M. Chambers Library were developed, but delayed because of the impending library redevelopment. However, library staff implemented a comprehensive training package to improve the skills of Crown Law staff in using online legal resources. The course was offered to all legal practitioners and relevant support staff and is continuing into the new financial year.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 91 Corporate Services
Records Services Records Services provides records management services for various divisions of the Department. The area also provides an advisory service to departmental management and staff on records management practices and procedures.
Human Resources Branch The Human Resources Branch provides human resource services to all departmental outputs. This includes strategic advice to departmental management and staff on the management of change and the development and implementation of activities that improve the Department’s people management practices and assist departmental outputs in meeting their objectives. The Branch continues to develop and improve its services to employees and clients. During the past year, it has undertaken the following special initiatives and services. • Implementation and management of a range of initiatives to meet government targets in response to the global financial crisis. • Migration of just over 70 per cent of staff from old awards to a new consolidated Tasmanian State Service Award. • The management reporting service to Departmental supervisors and managers was further enhanced with new reports and further functionality. • Continued involvement and dialogue with interstate counterparts on industrial issues of common interest. • The support functions related to statutory, board, judicial and Justice of the Peace appointment processes were improved and a staff member dedicated to that function. • Continuing support to the Tasmania Prison Service including emerging workplace health and safety, budget, leave and, rostering issues, and staffing levels. • Continuing close management of workers compensation claims resulting in a continuing improvement in performance. • The Department’s zero-tolerance stand on bullying and harassment has continued to be supported by a new a program of information sessions. • Worked with Community Corrections on the implementation of the KPMG report into Tasmanian Community Corrections. • Participation in the whole-of-government people management initiative “People Directions”. • Release of a Disability Action Plan. • Preparation of the data and structure for an online database of Justices of the Peace. This will be implemented in the second part of 2009. • During the course of 2008-9 the Department worked with the Community and Public Sector Union on a revised progression arrangement for inspectorial staff in Workplace Standards Tasmania. That structure is expected to be in place before the close of the 2009 calendar year.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 92 Corporate Services
Strategic Systems Branch The Strategic Systems Branch was created during 2007-08. The purpose of the Branch is to manage the Department’s core inter-department and department business systems, including the Department’s websites. The Branch assists the Department in ensuring that the investment in business system projects meets strategic objectives and achieves value for money outcomes.
Other Services and Initiatives of the Corporate Services Division Grievances The Department is committed to assisting all employees to resolve grievances constructively and in a way that contributes to the creation and maintenance of a positive working environment. All grievances and complaints are dealt with promptly and fairly and the confidentiality of all parties is respected to the greatest extent possible. The Department uses both formal and informal processes to resolve conflict and grievances in the workplace. The Department's policy document, Grievance Resolution Procedures, is available to staff through the Department's intranet site.
Workplace Diversity The Department of Justice is committed to Workplace Diversity through the development and implementation of a Workplace Diversity Program. The program integrates and builds on the success of previous EEO strategies, but broadens the concept of EEO to maximise the use of the talents, skills and experiences of all employees in the workplace. The Workplace Diversity Program encompasses both the recognition and utilisation of diversity in the workplace and the community it serves; and the provision of a workplace free from discrimination, harassment, favouritism and bias. The Department has established a Diversity Steering Committee consisting of representatives from the Department for the ongoing development of the program. New Workplace Diversity Contact Officers have been trained and those Contact Officers already undertaking the tasks involved with being a Contact Officer have had refresher training. Considerable support is available for the Contact Officers. Full details of the Department’s workplace diversity program are available to staff through the Department’s intranet site.
Recruitment Procedures The Department continues to refine guidelines and information on its policies and practices in relation to staff recruitment, selection and staff movements to assist staff to comply with the State Service Act 2000 and the associated directions and instructions.
Employee Participation in Industrial Relations The Department of Justice supports the participation of its employees in industrial relations issues, and regularly uses a variety of mechanisms to achieve this. This includes working groups and consultation strategies.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 93 Corporate Services
Should a dispute arise, employees are encouraged to use internal grievance procedures, but where agreement is not reached through this process, the industrial relations system in Tasmania provides an opportunity to resolve differences between the Department and its employees on an equitable basis.
Public Interest Disclosures Section 86 of the Public Interest Disclosures Act 2002 requires the Department to report on its activities in relation to the Act. Copies of the procedures in relation to the Act, established by the Department are available to staff on the Department’s intranet site. In addition, hard copies can be obtained from Corporate Services, Level 14, 110 Collins Street Hobart. During 2008-09, no disclosures were made to the Department under the Act.
Internet address The Corporate Services Division does not have a specific Internet site. However readers are directed to the following Internet address for the Department of Justice to obtain further general information about the Department. www.justice.tas.gov.au/corporateinfo
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 94 Climate Change
18. Climate Change In 2008, the Department of Justice developed a Carbon Emission Reduction Plan. The plan identified a number of key initiatives to help reduce the Department’s greenhouse gas emissions and to assist the Tasmanian Government in its climate change objectives. The Plan incorporates all areas and activities of the Department of Justice where applicable. All initiatives and activities included in the plan are to be cost neutral or at minimal cost to the Department. The Department has developed the following initiatives and activities to reduce its carbon emissions and use in resources.
Energy Use The focus of this area is to reduce the amount of electricity in terms of kilowatt hours that the Department uses. To achieve this we: • turn off lights overnight and during weekends; • turn off lights in the offices, conference rooms and interview rooms during the day when not in use; • make the best use of natural light where possible; • turn off office equipment, such as photocopiers, faxes, printers personal computers and microwaves overnight and during weekends; • turn off hot water heaters overnight and during weekends; and • ensure that lighting maintenance uses the latest energy efficient technology and phase out inefficient light bulbs. Transport The focus of this area is to reduce the amount of kilometres traveled by land and air that the Department undertakes and to utilise more fuel efficient means of travel to reduce the amount of fuel used in these activities. To achieve this we: • ensure that all G-plated vehicles purchased are 4 cylinders (unless there is an operational need for a 6 cylinder vehicle) and these vehicles must meet a minimum Australian Government Green Vehicle Guide greenhouse rating of 5.5; • ensure all SES and Statutory Officers’ vehicles meet a minimum Australian Government Green Vehicle Guide greenhouse rating of 5.5; and • make use of any available teleconferencing or videoconferencing technology to reduce the amount of travel between offices, especially regional offices; and • try to keep air travel to a minimum. In addition, the Department will continue to offset greenhouse gas emissions from all air travel at a cost of $30 per tonne of CO2 emissions through Greening Australia.
Paper Use The focus of this area is for efficient use of the Department’s paper resources and to reduce overall waste produced. To achieve this we: • have reduced the number of emails and draft documents that are printed; • print on both sides of the paper for all unofficial correspondence; • send documents (meeting papers, report drafts, etc) via e-mail; and
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 95 Climate Change
• collect and reuse paper that is already printed on one side to print drafts. Reuse and Recycle The focus of this area is to reduce the amount of waste generated by the Department. To achieve this we: • plan to start paper recycling boxes in each work area, especially for newspapers; • have set up recycling bins in kitchen area for plastic bottles, glass containers, cans and other approved recyclable items; and • have replaced disposable items, such as plastic and polystyrene cups and wooden stirrers with glasses, mugs and other crockery items and cutlery. Procurement The focus of this area is to ensure that the Department purchases energy efficient and environmentally friendly products. To achieve this we: • purchase 100% recycled REFLEX paper or Green EXP (50% recycled) paper; and • ensure that any equipment that is purchase is energy efficient. Water Use Although this area does not produce carbon emissions, it is considered that an overall environmental approach will be beneficial. The focus of this area is to reduce the amount water wastage in the Department. To achieve this we: • use half-flush options on dual flush toilets; • ensure taps are not left running; and • get leaking taps, toilet urinals and other plumbing issues fixed immediately.
Climate Champions
In May 2008, the Department established a group of employees to act as Climate Champions. The role of the Climate Champions is to help with change management and to drive the climate change message in their workplaces.
Report on Activities for 2008-09
Climate Change Impact Statements in Cabinet Minutes There were no reported climate change effects reported in any of the Cabinet Minutes submitted during the reporting period.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 96 Climate Change
Greenhouse Gas Emissions The table below draws a comparison between historic data on the Department’s greenhouse gas emissions, collected in the base year 2006-07, and information collected for the first year of emissions reduction activity, 2008-09.
Table 18.1 Total Greenhouse Gas Emissions for 2008-09
Base Year 2008-09 (2006-07) CO2 Emissions (tonnes) CO2 Emissions (tonnes) Energy (Stationary Sources) Electricity 1,691 1,554 LPG (non vehicles) 1 1 Energy (Transport) Diesel Vehicles 705 861 Petrol Vehicles 1,021 807 Air Travel 145 165 TOTAL CO2 Emissions (tonnes) 3,562 3,388
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 97 Consumer Credit
19. Consumer Credit (Tasmania) Code The following is a report on the administration of the Consumer Credit (Tasmania) Code by the Director of Consumer Affairs and Fair Trading as required by section 11 of the Consumer Credit (Tasmania) Act 199 6.
Background The Consumer Credit (Tasmania) Act 1996 commenced on 15 October 1996 as part of a uniform national scheme. The scheme adopts the Consumer Credit Code and the Consumer Credit Regulations in Tasmania. The Uniform Consumer Credit Code is underpinned by the Uniform Credit Laws Agreement of 1993 , and this is administered nationally by the Ministerial Council on Consumer Affairs (MCCA).
The Impact of the Code during 2008-09 Legislative Amendments In 2008-09, there were no amendments made, under the Consumer Credit (Tasmania) Act 1996 , to effect changes to the Consumer Credit Code and Regulations.
Transfer of Credit Regulation to the Australian Government In December 2007, the Productivity Commission released a draft report of its “Review of Australia’s Consumer Policy Framework”. A key recommendation was that responsibility for regulating finance brokers and other credit providers be transferred to the Australian Government. On 2 July 2008, the Council of Australian Governments (COAG) agreed that the regulation of mortgages, mortgage broking and margin lending would be transferred to the Australian Government. COAG also agreed that the Australian Government would assume regulatory responsibility for the remaining areas of consumer credit, including the fringe market. The Australian Securities and Investments Commission (ASIC) will administer the Commonwealth legislation. The transition process is being coordinated by a high level working group, the Financial Services and Credit Reform Implementation Taskforce (FSCRIT). The group is chaired by the Australian Treasury and comprises officials from States and territories. It is anticipated that the new national credit regime will be established in two phases: • Phase 1 replicates the Uniform Consumer Credit Code, as enacted in the Consumer Credit (Queensland) Act 1994 (Qld) and applied in the States and territories since 1996 into Commonwealth law. Also included in phase one is the regulation of mortgages, mortgage broking and margin lending. • Phase 2 will incorporate the remaining areas of consumer credit, including pay-day lending (pawnbrokers), credit-cards, store credit, investment and small business lending and personal loans. State and territory governments agreed to proceed, initially, on the basis of a ‘text-based’ referral, incorporating much of the existing Consumer Credit Code. The National Consumer
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 98 Consumer Credit
Credit Protection Bill 2009 and its associated legislation was introduced to the Australian Parliament on 25 June 2009. This text-based referral bill provides a limited amendment power to deal with minor and technical changes that might arise during passage through the Australian Parliament and in the implementation of the scheme. Following passage of the requisite state referral legislation, anticipated in Tasmania in September 2009, registration of service providers is expected to commence on 1 November 2009. The ASIC will be ready to take applications for licences from 1 January 2010 so that all providers of credit services will be required to apply for a credit licence by 30 June 2010. State and territory governments will continue to explore the development of a subject matter amending reference that would facilitate both the implementation of phase 2 and future amendment of the scheme. The new licensing regime will: • require persons who engage in credit activities to, initially, be registered with the ASIC, and to subsequently hold a licence; • impose entry standards for registration and licensing, and enables the ASIC to refuse an application where the person does not meet those standards; • require registered persons and licensees to meet ongoing standards of conduct while they engage in credit activities; and • provide the ASIC with the power to suspend or cancel a licence or registration, or to ban an individual from engaging in credit activities.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 99 Legislation Administered by the Department
20. Legislation Administered by the Department The following is a complete list of the legislation administered by the Department at June 30 2009.
Attorney General and Minister for Justice Access to Neighbouring Land Act 1992 Acts Enumeration Act 1947 Acts Interpretation Act 1931 Administration and Probate Act 1935 Admission to Courts Act 1916 Age of Majority Act 1973 Aliens Act 1913 Alternative Dispute Resolution Act 2001 Annulled Convictions Act 2003 Anti-Discrimination Act 1998 Appeal Costs Fund Act 1968 Appointments Act 1876 Apportionment Act 1871 Bail Act 1994 Births, Deaths and Marriages Registration Act 1999 Civil Liability Act 2002 Civil Process Acts 1839, 1870 and 1985 Classification (Publications, Films and Computer Games) Enforcement Act 1995 Commercial Arbitration Act 1986 Commissions of Inquiry Act 1995 Commonwealth Powers (De Facto Relationships) Act 2006 Commonwealth Powers (Family Law) Act 1987 Companies (Acquisition of Shares) (Application of Laws) Act 1981 Companies (Acquisition of Shares) (Tasmania) Code Companies (Application of Laws) Act 1982 Companies (Tasmania) Code Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code Companies and Securities Legislation (Miscellaneous Amendments) Act 1982 Companies Auditors and Liquidators Disciplinary Board Act 1982 Constitution (Legislative Council) Special Provisions Act 1997 Co-operative Schemes (Administrative Actions) Act 2001 Coroners Act 1995 Corporations (Administrative Actions) Act 2001 Corporations (Ancillary Provisions) Act 2001 Corporations (Commonwealth Powers) Act 2001 Corporations (Tasmania) Act 1990 except in so far as it relates to the superannuation entitlements of transferred members of the Australian Securities Commission (see Department of Treasury and Finance under the Treasurer) Costs in Criminal Cases Act 1976 Council of Law Reporting Act 1990 Crime (Confiscation of Profits) Act 1993 Crimes at Sea Act 1999 Criminal Code Act 1924
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 100 Legislation Administered by the Department
Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994 Criminal Investigation (Extra-Territorial Offences) Act 1987 Criminal Justice (Mental Impairment) Act 1999 Criminal Law (Detention and Interrogation) Act 1995 Criminal Law (Territorial Application) Act 1995 Criminal Procedure (Attendance of Witnesses) Act 1996 Crown Proceedings Act 1993 Crown Remedies Act 1891 Debtors Acts 1870 and 1888 Defamation Act 2006 Director of Public Prosecutions Act 1973 except in so far as it relates to the superannuation entitlements of the Director of Public Prosecutions (see Department of Treasury and Finance under the Treasurer) Domicile Act 1980 Electoral Act 2004 Electronic Transactions Act 2000 Energy Ombudsman Act 1998 Evidence (Audio and Audio Visual Links) Act 1999 Evidence Act 2001 Evidence (Children and Special Witnesses) Act 2001 Evidence on Commission Act 2001 Family Violence Act 2004 Fatal Accidents Act 1934 Federal Courts (State Jurisdiction) Act 1999 Financial Transaction Reports Act 1993 Forensic Procedures Act 2000 Freedom of Information Act 1991 Futures Industry (Application of Laws) Act 1987 Futures Industry (Tasmania) Code Guardianship and Administration Act 1995 Guardianship and Custody of Infants Act 1934 Health Complaints Act 1995 Judicial Review Act 2000 Juries Act 2003 Jurisdiction of Courts (Cross-Vesting) Act 1987 Justices Act 1959 Justices of the Peace (Validation) Act 2002 Law of Animals Act 1962 Legal Aid Commission Act 1990 Legal Profession Act 2007 Legislative Council (Division of Hobart) By-election Validation Act 1992 Legislative Council Boundaries Expenses Act 1995 Legislative Council Electoral Boundaries Act 1995 Limitation Act 1974 Listening Devices Act 1991 Magistrates Court (Administrative Appeals Division) Act 2001 Magistrates Court (Children's Division) Act 1998 Magistrates Court (Civil Division) Act 1992 Magistrates Court Act 1987 Married Women's Property Act 1935 Mental Health Act 1996
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 101 Legislation Administered by the Department
in so far as it relates to the appointment, functions and operation of the Mental Health Tribunal and the appointment of the registrar and other officers of that Tribunal, and the appointment, functions and operation (including the provision of staff, assistance, resources and facilities) of the Forensic Tribunal (otherwise see Department of Health and Human Services under the Minister for Health) Mercantile Law Act 1935 Minors Contracts Act 1988 Misuse of Drugs Act 2001 Monetary Penalties Enforcement Act 2005 Notaries Public Act 1990 Oaths Act 2001 Offshore Waters Jurisdiction Act 1976 Ombudsman Act 1978 Partnership Act 1891 Penalty Units and Other Penalties Act 1987 Perpetuities and Accumulations Act 1992 Personal Information Protection Act 2004 Police Powers (Assumed Identities) Act 2006 Police Powers (Controlled Operations) Act 2006 Police Powers (Public Safety) Act 2005 Police Powers (Surveillance Devices) Act 2006 Powers of Attorney Act 2000 in so far as it relates to the functions and powers of the Guardianship and Administration Board in relation to enduring powers of attorney (otherwise see Department of Primary Industries and Water under the Minister for Primary Industries and Water) Presumption of Survivorship Act 1921 Promissory Oaths Act 1869 Public Interest Disclosures Act 2002 Public Trustee Act 1930 Records of Offences (Access) Act 1981 Referendum Procedures Act 2004 Relationships Act 2003 Rules Publication Act 1953 Sea-Carriage Documents Act 1997 Search Warrants Act 1997 Securities Industry (Application of Laws) Act 1981 Securities Industry (Tasmania) Code Senate Elections Act 1935 Sentencing Act 1997 Sex Industry Offences Act 2005 Sheriff Act 1873 Solicitor-General Act 1983 except in so far as it relates to the superannuation entitlements of the Solicitor-General (see Department of Treasury and Finance under the Treasurer) Status of Children Act 1974 Statutory Authorities (Protection from Liability of Members) Act 1993 Supreme Court (Judges' Independence) Act 1857 Supreme Court Acts 1856, 1887 and 1959 Supreme Court Civil Procedure Act 1932 Tasmanian Government Officers' Salaries Attachment Act 1927 Terrorism (Commonwealth Powers) Act 2002
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 102 Legislation Administered by the Department
Terrorism (Preventative Detention) Act 2005 Testator's Family Maintenance Act 1912 Trustee Act 1898 except in so far as it relates to the authorisation of trustee investments (see Department of Treasury and Finance under the Treasurer) Trustee Companies Act 1953 Trustee Companies (Merger) Act 2001 Variation of Trusts Act 1994 Victims of Crime Assistance Act 1976 Victims of Crime Compensation Act 1994 Wills Act 2008 Witness (Identity Protection) Act 2006 Wrongs Act 1954 Youth Justice Act 1997 in so far as it relates to the establishment and operation of the Magistrates Court (Youth Justice Division) (otherwise see Department of Health and Human Services under the Minister for Human Services)
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 103 Legislation Administered by the Department
Minister for Corrections and Consumer Protection Associations Incorporation Act 1964 Bills of Sale Act 1900 Boy Scouts Association Act 1954 Business Names Act 1962 Collections for Charities Act 2001 Commissioner for Corporate Affairs Act 1980 Consumer Affairs Act 1988 Consumer Credit (Tasmania) Act 1996 Contractors' Debts Act 1939 Conveyancing Act 2004 Cooperatives Act 1999 Corrections Act 1997 Disposal of Uncollected Goods Act 1968 Door to Door Trading Act 1986 Factors Act 1891 Fair Trading Act 1990 Fair Trading (Reinstatement of Regulations) Act 2008 Flammable Clothing Act 1973 Girl Guides' Association Act 1957 Goods (Trade Descriptions) Act 1971 Guesdon Bequest (Administration) Act 1972 Housing Indemnity Act 1992 Independent Order of Rechabites (Agreement) Act 1981 International Transfer of Prisoners (Tasmania) Act 1997 Landlord and Tenant Act 1935 Limited Partnerships Act 1908 Parole Orders (Transfer) Act 1983 Prepaid Funerals Act 2004 Prisoners (Interstate Transfer) Act 1982 Prisoners (Removal of Civil Disabilities) Act 1991 Professional Standards Act 2005 Property Agents and Land Transactions Act 2005 Residential Tenancy Act 1997 Retirement Villages Act 2004 Royal Society Act 1911 Sale of Goods (Vienna Convention) Act 1987 Sale of Goods Act 1896 Sale of Hazardous Goods Act 1977 Salvation Army (Tasmania) Property Trust Act 1930 Second-hand Dealers and Pawnbrokers Act 1994 Security and Investigations Agents Act 2002 Settled Land Acts 1884 and 1911 Stock, Wool, and Crop Mortgages Act 1930 Syme Trusts Act 1989 Trade Measurement (Tasmania) Administration Act 1999 Trade Measurement Act 1999 Trades Unions Act 1889 Travel Agents Act 1987 Unauthorized Documents Act 1986
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 104 Legislation Administered by the Department
Unordered Goods and Services Act 1973
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 105 Legislation Administered by the Department
Minister for Workplace Relations Architects Act 1929 Building Act 2000 Construction Industry (Long Service) Act 1997 Dangerous Goods (Safe Transport) Act 1998 Dangerous Substances (Safe Handling) Act 2005 Electricity Industry Safety and Administration Act 1997 Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997 Gas Act 2000 in so far as it relates to provisions relating to the appointment, functions, powers and duties of the Director of Gas Safety (otherwise see Department of Infrastructure, Energy and Resources under the Minister for Energy and Resources) Gas Pipelines Act 2000 in so far as it relates to provisions relating to the functions, powers and duties of the Director of Gas Safety (otherwise see Department of Infrastructure, Energy and Resources under the Minister for Energy and Resources) Industrial Relations Act 1984 Local Government (Building and Miscellaneous Provisions) Act 1993 except Part 3 (see Department of Justice under the Minister for Planning) Long Service Leave Act 1976 Long Service Leave (Casual Wharf Employees) Act 1982 Long Service Leave (State Employees) Act 1994 Occupational Licensing Act 2005 Plumbers and Gas-fitters Registration Act 1951 Repeal of Regulations Postponement Act 2008 Security-Sensitive Dangerous Substances Act 2005 Shop Trading Hours Act 1984 Statutory Holidays Act 2000 Workers' (Occupational Diseases) Relief Fund Act 1954 Workers Rehabilitation and Compensation Act 1988 Workplace Health and Safety Act 1995
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 106 Legislation Administered by the Department
Minister for Planning Approvals (Deadlines) Act 1993 Land Use Planning and Approvals Act 1993 Local Government (Building and Miscellaneous Provisions) Act 1993 Part 3 (otherwise see Department of Justice under the Minister for Workplace Relations and Department of Premier and Cabinet under the Minister for Local Government) Local Government (Subdivision Approval Validation) Act 1995 Major Infrastructure Development Approvals Act 1999 Public Land (Administration and Forests) Act 1991 Part 2 (otherwise see Forestry Corporation under the Minister for Energy and Resources) Resource Management and Planning Appeal Tribunal Act 1993 Resource Planning and Development Commission Act 1997 State Policies and Projects Act 1993 Part 4 and section 46 in so far as that section relates to Part 4 (otherwise see Department of Premier and Cabinet under the Premier) Sullivans Cove Waterfront Authority Act 2004
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 107 Legislation Administered by the Department
Minister for Veterans' Affairs Anzac Memorial Hostel Act 1924
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 108 Location of Services
21. Location of Services The Department is accommodated at the following locations. Rented properties are marked with an *.
Anti-Discrimination Commissioner Level 1, 54 Victoria Street, Hobart*
Community Corrections Level 13, 39 Murray Street, Hobart* 27 Liverpool Street, Hobart 111 Cameron Street, Launceston* Level 4, 46 Mount Street, Burnie * 8 Griffith Street, Devonport 16 Short Street (Poppy Board)* Greenpoint Road, Bridgewater* 30 Bayfield Street, Rosny Park* Sale Street, Huonville Community Health Centre Occasionally provide outreach at the Magistrate's Court; Stich Street, Queenstown and the Smithton Council office.
Coroner’s Office 21 Liverpool Street, Hobart 73 Charles Street, Launceston
Corporate Services Andrew Inglis Clark Library Lower Level, Supreme Court, Hobart D M Chambers Library Level 8, 15 Murray Street, Hobart* Finance and Accounts Branch Level 14, 110 Collins Street, Hobart* Human Resources Branch Level 14, 110 Collins Street, Hobart* IT Services Level 4, 15 Murray St, Hobart* Strategic Systems Level 14, 110 Collins Street, Hobart*
Crown Law Office of the Crown Solicitor Level 9, 15 Murray Street, Hobart* Office of the Director of Public Prosecutions Level 8, 15 Murray Street, Hobart* 112 Cameron Street, Launceston* Office of the Solicitor-General Level 8, 15 Murray Street, Hobart*
Monetary Penalties Enforcement Service Level 2, 54 Victoria Street Hobart*
Guardianship and Administration Board Level 1, 54 Victoria Street, Hobart*
Industrial Relations (Private Sector) Level 14, 110 Collins Street, Hobart*
Land Use Planning Branch Level 5, 1 Franklin Wharf, Hobart*
Legal Aid Commission 158 Liverpool Street Hobart 64 Cameron Street Launceston 50 Alexander Street, Burnie 8 Griffiths Street, Devonport
Legislation Development and Review Level 14, 110 Collins Street, Hobart*
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 109 Location of Services
Magistrates Courts 23-25 Liverpool Street, Hobart 73 Charles Street, Launceston 38 Alexander Street, Burnie 8 Griffith Street, Devonport and on an occasional basis in Currie*, Huonville, Queenstown, Scottsdale*, Smithton*, St Helens*, and Whitemark*.
Mental Health Tribunal Level 1, 54 Victoria Street, Hobart*
Office of Consumer Affairs and Fair Trading Level 3, 15 Murray Street, Hobart* 287 Wellington Street, Launceston* 12-16 Short Street Ulverstone* 56A Gormanston Road, Moonah*
Office of the Secretary Level 14, 110 Collins Street, Hobart*
Poppy Advisory & Control Board 16 Short Street, Ulverstone*
Public Guardian Level 3, 15 Murray Street, Hobart*
Registry of Births, Deaths and Marriages Level 3, 15 Murray Street, Hobart*
Resource Management Planning Appeal Tribunal Level 1, 144 Macquarie Street, Hobart*
Resource Planning and Development Commission Level 3, 144 Macquarie Street, Hobart*
State Architect Level 3, 144 Macquarie Street, Hobart*
Sullivans Cove Waterfront Authority 5 Franklin Wharf, Hobart*
Supreme Court Salamanca Place, Hobart 116 Cameron Street, Launceston 38 Alexander Street, Burnie
Tasmanian Electoral Commission Level 2, 70 Collins Street, Hobart*
Tasmanian Forensic Tribunal Level 1, 54 Victoria Street, Hobart*
Tasmanian Industrial Commission Level 4, 39-41 Davey Street, Hobart*
Tasmania Prison Service Hayes Prison Farm Kilderry Road, New Norfolk Launceston Reception Prison Cimitiere Street, Launceston Hobart Reception Prison 27 Liverpool Street, Hobart Risdon Prison Complex East Derwent Highway, Risdon Vale Mary Hutchinson Women's Prison East Derwent Highway, Risdon Vale Ron Barwick Minimum Security Prison East Derwent Highway, Risdon Vale
Victims Support Services Level 1, 54 Victoria Street, Hobart* Level 1, 1 Civic Square Launceston* Level 5, 46 Mount Street, Burnie *
Workers Rehabilitation and Compensation Level 4, 169 Liverpool Street, Hobart* Tribunal
Workplace Standards Tasmania 30 Gordons Hill Road Rosny Level 3, 1 Civic Square Launceston* Level 2, 46 Mount Street, Burnie*
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 110 Staffing Comparisons
22. Staffing Comparisons Details of the Department’s staffing levels (excluding casual staff) and their distribution between Outputs is shown in table 21.1. Subsequent tables show gender, age, salary profile details and the basis upon which the Department employs staff. All tables reflect the Department’s staffing as at 30 June 2009. The Public Sector Superannuation Reform Act 1999 requires that each agency must provide a statement in its Annual Report that it has met the requirements of the Commonwealth’s Superannuation Guarantee Act in respect of those employees who are not covered by the provisions of the Retirement Benefits Act 1993 or the TAS scheme. The Department of Justice has met those requirements.
Table 22.1 - Departmental staffing by Output
Persons Persons FTEs FTEs Output Name 30 June 30 June 30 June 30 June 2008 2009 2008 2009 Administration of Justice Supreme Court Services 45 44 42.3 39.73 Magisterial Court Services 90 85 82.1 78.05 Enforcement of Monetary Penalties 20 19 19.8 17.68 Support & Compensation for Victims of Crime 15 15 11.1 10.11 Legal Aid 88 85 70.5 66.34 Mental Health & Guardian Board/Forensic Tribunal 12 5 5.0 4.40 270 253 230.8 216.31 Legal Services Crown Law 64 67 60.0 63.26 Legal Policy Advice & Law Reform 4 6 4.0 6.00 68 73 64.0 69.26 Registration Services Births Deaths and Marriages 9 9 8.0 8.0 Review Services Decisions on Complaints Referred to the Ombudsman, 19 18 16.4 15.60 Health Complaints Commissioner Office of the Anti-Discrimination Commissioner 10 10 9.6 9.40 29 28 26.0 25 Electoral Services Elections and Referenda 14 12 12.5 10.48 Corrective Services Tasmania Prison Service 346 351 343.3 347.74 Community Corrections Service 59 53 55.6 49.26 405 404 398.9 397 Other Services Supervision of Poppy and Hemp Crops 9 8 9.0 8.0 Consumer Services Maintenance of a Fair, Safe and Equitable Market Place 37 33 32.7 29.71
Continued next page
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 111 Staffing Comparisons
Continued from previous page
Persons Persons FTEs FTEs Output Name 30 June 30 June 30 June 30 June 2008 2009 2008 2009 Industrial Relations Services Services of the Tasmanian Industrial Commission 12 11 11.1 10.60 Workers Rehabilitation and Compensation Tribunal 9 8 10.4 7.0 Decisions Private Sector Industrial Relations 0 0 0 0.0 21 19 21.5 17.6 Resource Planning Planning Services 7 7 7.0 7 Resource Planning and Development Commission 24 20 23.6 19.74 Resource Management and Planning Tribunal 8 11 8.0 10.0 39 37 38.6 33.74 Workplace Relations Workplace Standards 140 148 133.6 141.47 WorkCover 33 29 31.2 26.78 173 177 164.8 168.25 Corporate Support 89 84 79.1 75.611
TOTALS 1,163 1,159 1,085.9 1,079.70
Table 22.2 - Comparison of all employees by gender and age
Females Females Males Males Total Total Age Range 2007-08 2008-09 2007-08 2008-09 2007-08 2008-09 15-19 5 0 3 1 8 1 20-24 22 23 17 23 39 36 25-29 67 70 24 32 91 102 30-34 59 71 37 35 96 106 35-39 86 76 78 70 164 146 40-44 72 71 80 77 152 148 45-49 73 79 99 111 172 190 50-54 78 74 100 102 178 176 55-59 73 66 96 82 169 158 60+ 32 35 62 61 94 96 TOTAL 567 565 596 594 1,163 1,159
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 112 Staffing Comparisons
Table 22.3 - Salary profile
Salary Range Female Male Total Less than 20,000 0 0 0 $20,000-29,999 0 0 0 $30,000-39,999 5 12 17 $40,000-49,999 177 55 232 $50,000-59,999 168 92 260 $60,000-69,999 95 219 314 $70,000-79,999 40 82 48 $80,000-89,999 41 44 85 $90,000-99,999 17 28 45 $100,000-109,999 5 6 11 $110,000-119,999 5 14 19 $120,000+ 12 42 54 Total 565 594 1159
Table 22.4 - Part time / Full time status
Part or Full time Female Male Total Full time 409 575 985 Part time 157 18 176 Total 566 593 1159 Note – Includes Judicial Officers and Statutory Officers
Table 22.5 – Judicial, Magistracy and Statutory Office holders
Authority Female Male Total
Office Holders 13 45 58
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 113 Senior Officers of the Department
23. Senior Officers of the Department
Office of the Secretary Secretary Lisa Hutton Deputy Secretary Michael Stevens to 31/12/08 Deputy Secretary (Director Corrective Services) Brian Smith to 27/01/09 Robert Williams from 25/02/09 Principal Consultant Liz Little Manager, Communications Hugh McLean Project Manager Dale Webster from 04/02/09
Corporate Services Manager, Finance Stephen Morrison Manager, IT Services Julie Fletcher Manager, Library and Records Alison Jekimovics Manager, Human Resources Nigel McCulloch Director, Strategic Systems Jonathon Rees Administration of Justice Registrar, Supreme Court Elizabeth Knight Administrator of Magistrates Court Jim Connolly Director, Monetary Penalties Enforcement Service Seth Hills Manager, Victims Support Services Debra Rabe Registrar, Guardianship Board and Mental Health Tribunal Dale Webster to 04/02/2009 David Robertson from 01/04/09
Legal Services Manager, Crown Law Kerry Worsley Director, Office of Legislation Development and Review Len Armsby
Registration Services Registrar of Births, Deaths and Marriages Chris Batt
Review Services Anti-Discrimination Commissioner Sarah Bolt
Electoral Services Electoral Commissioner Bruce Taylor
Corrective Services Director of Prisons Graeme Barber Director of Community Corrections Marja Elizabeth to 30/01/09 Ginna Webster acting from 02/01/09
Other Services Manager, Poppy Advisory & Control Board Terry Stuart
Consumer Services Director of Consumer Affairs and Fair Trading Chris Batt
Industrial Relations Services Registrar, Tasmanian Industrial Commission Allan Mahoney
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 114 Senior Officers of the Department
Senior Officers of the Department (continued)
Resource Planning State Planning Advisor Peter Fischer State Architect Peter Poulet from 01/06/09 Registrar, Resource Management and Planning Appeals Jarrod Bryan Tribunal Manager, Resource Planning and Development Carol Hughes Commission Chief Executive Officer, Sullivans Cove Waterfront Marietta Wong acting to April 2009 Authority Hadley Sides from April 2009
Workplace Standards Tasmania General Manager Roy Ormerod Director, WorkCover Martin Shirley Chief Inspector, Industry Don Schofield to 02/07/08 Neale Buchanan from 02/02/09 Director, Policy and Planning Services Robert Pearce
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 115 Superannuation Certificate
24. Superannuation Certificate I, Lisa Hutton, Secretary, Department of Justice, hereby certify that the Department of Justice has met its obligations under the Commonwealth’s Superannuation Guarantee (Administration) Act 1992 in respect of those employees of the Department who are employees of complying superannuation schemes to which the Department contributes:
Lisa Hutton SECRETARY 19 October 2009
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 116 Format of this Report
25. Format of this Report Legislative Requirements This Report includes specific information required under statute, by the Auditor-General or by the Treasurer’s Instructions. In particular, the Report on the functions and exercise of powers of the Secretary, Department of Justice required by the State Service Act 2000 , Section 36(1)(c), the State Service Regulations 2001, Regulation 9, and the Financial Management and Audit Act 1990 , Section 27(1), is contained within the various sections of the Report. In addition, this report includes a report on the operations of the Workplace Health and Safety Act 1995 , Section 52 (Workplace Standards (page 79). A compliance index, which provides a guide to the other legislative requirements and the way in which this Report deals with them, is included at the end of this section.
Court Functions The Department provides administrative support to the Supreme Court and the Magistrates Court. Consistent with the principle of judicial independence, these Courts do not form part of the Executive. Both the Supreme Court and the Magistrates Court prepare separate Annual Reports.
Reports of Statutory Officers The Solicitor-General, the Director of Public Prosecutions, and the Anti-Discrimination Commissioner are independent officers who report separately to Parliament. The Parole Board also reports separately to Parliament. The Legal Aid Commission reports separately to the Attorney-General. In each case, this Annual Report contains only a brief outline of the functions of each office or organisation. Readers are referred to the Annual Reports from these statutory officers for further information. The following senior statutory office holders employed in the Agency do not report independently to Parliament, and their reports are therefore required to be included in this Report ( State Service Act 2000, Section 36(1)(c), State Service Regulations 2001, Regulation 9, Financial Management and Audit Act 1990 , Section 27(1)): The Report of the Registrar of Births, Deaths and Marriages is included within Section 6: Registration Services (page 34). The Report of the Director of Corrective Services is included within Section 9: Corrective Services (page 40). The Report of the Director of Consumer Affairs is included within Section 11: Consumer Services (page 58). The Director is also required to present a separate report under the Consumer Credit (Tasmania) Act 1996 , section 19, and this appears at page 98. The Report of the Director, Monetary Penalties Service, required under section 121 of the Monetary Penalties Enforcement Act 2005 , is included within Section 4 Administration of
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 117 Format of this Report
Justice (page 19). This is only a short report; a more detailed report can be found on the Monetary Penalties Service website.
Index to Legislative Compliance
REQUIREMENT LEGISLATION SECTION OF THIS REPORT
SSR - State Service Regulations 2001
FMA - Financial Management and Audit Act 1990 Overview of Strategic Plan SSR s9(a(i) Introduction (page 1)
Organisation Chart SSR s9(a(ii) Organisation of the Department (page 6) Location of Services (page 108) Senior Officers (page 114)
Organisational structure and SSR s9(a(iii) Output Structure and Organisational program management Responsibility (page 7) structure relationship
Major changes in programs, SSR s9(a)(iv) Output Reports (page 18 to 99) aims, functions or organisational structure
Major initiatives to develop SSR s9(a)(v) Output Reports (page 18 to 99) and give effect to Government policy
Recruitment policies and SSR s9(b)(i) Human Resources Issues (page 93) programs
Officer and employee SSR s9(b)(ii) Human Resource Issues (page 93) development activities
Workplace diversity SSR s9(b)iii) Workplace Diversity (page 93) programs
Processes established to SSR s9(b)(iv) Human Resource Issues (page 93) ensure employee participation in industrial relations matters and any disputes affecting the Agency
Internal grievance procedures SSR s9(b)(v) Human Resource Issues (page 93)
Occupational health and SSR s9(b)(vi) Workplace Health and Safety (page 93) safety strategies
Community awareness, SSR s9(c)(i) Output Reports, (page 18 to 99) services and publications Publications (page 123)
continued next page
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 118 Format of this Report
Contact officers and points of SSR s9(c)(ii) Output Reports (page 18 to 99) public access Location of Services (page 108)
Legislation administered by SSR s9(d) Legislation administered by the the Agency Department (page 100)
Contracts and consultancies FMA s27(1)(c) Contracts and Consultancies Awarded awarded 2008-09 (page 120)
Financial Statements FMA s27(1)(c) Financial Statements (page 125)
Auditor-General’s Report on FMA s27(1)(c) Auditor-General’s Report, Financial Financial Statements Statements (page 212)
Public Interest Disclosures Public Interest Disclosures Public Interest Disclosures (page 94) Act 2002 s86
Superannuation contributions Public Sector Superannuation Superannuation Certificate (page 116) Reform Act 1999 s13
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 119 Contracts and Consultancies Awarded
26. Contracts and Consultancies Awarded
Table 26.1 provides a summary of the level of participation by local businesses for contracts with a value in excess of $50,000 (excluding GST).
Table 26.1 Summary of Participation by Local Business for 2008-09 (for contracts and tenders greater than $50,000)
Total number of contracts awarded 7 contracts Total number of contracts awarded to Tasmanian suppliers 4 contracts Total value of contracts awarded (a) $5,265,428 Total value of contracts awarded to Tasmanian suppliers (a) $3,951,928 Total number of tenders called 7 tenders Total number of bids received 42 bids Total number of bids received from Tasmanian businesses 25 bids
Table 26.2 lists the contracts signed during 2008-09 with a value in excess of $50,000 (excluding GST).
Table 26.2 Contracts with a value greater than $50,000 for 2008-09
Name of Contractor Location of Description of Period of Total Contractor Contract Contract Value of Contract GW & LM Jones (Trading Granton, TAS Provision of Cleaning 3 years $240,519 as Kleen N Bright Services for WST Cleaning Services) Dyson Corporate Hobart, TAS Supply of Security 3 years $3,090,909 Security Pty Ltd Services to the Magistrates Court Macquarie Builders Pty Hobart, TAS Hobart Supreme Court 6 weeks $320,500 Ltd holding cells refurbishment
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 120 Contracts and Consultancies Awarded
Table 26.3 lists the consultancy contracts signed during 2008-09 with a value in excess of $50,000 (excluding GST).
Table 26.3 Consultancy Contracts with a value greater than $50,000 for 2008-09
Name of Location of Description of Period of Total Value Consultant Consultant Consultancy Consultancy of Consultancy Success Works Pty Ltd Melbourne, Safe at Home - 5 months $108,500 VIC Review of the Integrated Response KPMG Melbourne, Review of 6 months * $184,156 VIC Community Corrections
It should be noted that payments in excess of $50,000 (excluding GST) were made to long term consultancies under contracts entered into in previous years. * This consultancy was awarded on 16 May 2008; however, it was not reported in the 2007-08 Annual Report because the majority of the work took place during 2008-09 .
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 121 Debts, Loss and Damage
27. Debts, Loss and Damage
Debts written off
There were no debts written off during the 2008-09 financial year other that Monetary Penalty Enforcement Service write offs.
Loss and Damage
There was no loss or damage during the 2008-09 financial year.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 122 Departmental Publications
28. Departmental Publications In addition to the Annual Reports which are made available through the Internet, the following publications were made available by the Agency during 2008-09. It should also be noted that the Agency publishes a number of facts sheets and other documents through the Internet. These are not listed below but the web site provides access to these publications is shown.
Supreme Court • Practice directions are available at www.supremecourt.tas.gov.au/publications/practice_directions Magistrates Court • A number of information sheets are available at www.magistratescourt.tas.gov.au/publications Legal Aid Commission • A number of information sheets are available at www.legalaid.tas.gov.au/publications/index.htm Guardianship Administration Board • A number of information sheets are available at www.guardianship.tas.gov.au/publications Anti-Discrimination Commissioner • A number of information sheets are available at www.antidiscrimination.tas.gov.au Tasmanian Electoral Commission • A number of information sheets are available at www.electoral.tas.gov.au/pages/electoral.htm Prison Service • Family Information Booklet • Custodial Recruitment Brochure Consumer Affairs and Fair Trading • A number of information sheets are available at www.consumer.tas.gov.au/publications Tasmanian Industrial Commission • Decision Summary – a list of all decisions of the Commission each month are available at www.tic.tas.gov.au/decisions Land Use Planning • Better Planning Outcomes Response Report (Nov 2005) • Review of the Planning System Tasmania
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 123 Departmental Publications
Office of the Secretary • Review of the Freedom of Information Act 1991 Directions Paper - Strengthening trust in Government - everyone’s right to know (ISBN: 978-0-9806330-0-9) • Review of the Public Interest Disclosures Act 2002 Directions Paper - Strengthening trust in Government - the spotlight on improper conduct (ISBN: 978-0-9806330-2-3) • A Users Guide to Freedom of Information www.justice.tas.gov.au/legislationreview/foi_act_1991/guidelines Legislation Policy, Development and Review • Report on the Review of the Sex Industry Offences Act 2005 • Model Spent Convictions Bill - Draft consultation paper (Jan 2009) • Freedom of Information Act 1991 Annual Report www.justice.tas.gov.au/legislationreview/foi_act_1991/annual_reports Workplace Standards Tasmania • A number of publications and information sheets are available at www.workcover.tas.gov.au/WSTPublish/node/wstpublicati.htm
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 124 Financial Statements
29. Financial Statements
Financial Statements
For the year ended 30 June 2009
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 125 Financial Statements
Table of Contents
Income Statement for the year ended 30 June 2009 ...... 127 Balance Sheet as at 30 June 2009...... 128 Cash Flow Statement for the year ended 30 June 2009...... 129 Statement of Recognised Income and Expense for the year ended 30 June 2009 ...... 131 Notes to and forming part of the Financial Statements for the year ended 30 June 2009...132
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 126 Financial Statements
Income Statement for the year ended 30 June 2009 2009 2009 2008 Notes Budget Actual Actual $’000 $’000 $’000 Revenue and other income Revenue from Government Appropriation revenue - recurrent 2.9(a), 6.1 120 473 118 784 112 941 Appropriation revenue - works and services 2.9(a), 6.1 12 270 11 905 9 242 Revenue from Special Capital Investment Funds 6.2 - - 1 045 Grants 2.9(b), 6.3 3 271 610 1 200 Sales of goods and services 2.9(c), 6.4 6 659 6 324 6 421 Fees and fines 2.9(d), 6.5 10 6 330 4 446 Interest 2.9(e) 40 4 8 Other revenue 2.9(g), 6.6 2 295 4 987 5 427 Total revenue and other income 145 018 148 944 140 730
Expenses Employee benefits 2.10(a), 7.1 78 319 83 180 76 837 Depreciation and amortisation 2.10(b), 7.2 5 037 4 450 4 303 Loss on sale of non-financial assets 2.9(f), 7.3 - 5 - Supplies and consumables 7.4 29 674 26 090 26 340 Grants and subsidies 2.10(c), 7.5 6 038 8 691 5 991 Borrowing costs 2.10(d), 7.6 - 97 720 Write down of assets 7.7 - - 3 Impairment losses 2.10(e)(f), 7.8 - 131 487 Other expenses 2.10(g), 7.9 18 638 18 928 17 623 Total expenses 137 706 141 572 132 304
Net surplus attributable to the State 7 312 7 372 8 426
This Income Statement should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 4 of the accompanying notes.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 127 Financial Statements
Balance Sheet as at 30 June 2009 2009 2009 2008 Notes Budget Actual Actual $’000 $’000 $’000 Assets Financial assets Cash and deposits 2.11(a), 12.1 9 060 15 079 14 193 Receivables 2.11(b), 8.1 3 936 3 060 2 267 Non-financial assets Inventories 2.11(c), 8.2 433 461 436 Property, plant and equipment 2.11(d), 8.3 129 624 150 085 131 737 Intangibles 2.11(e), 8.4 2 713 4 278 3 718 Total assets 145 766 172 963 152 351
Liabilities Payables 2.12(a), 9.1 3 790 3 288 4 192 Interest bearing liabilities 2.12(b), 9.2 - - 11 311 Employee benefits 2.12(c), 9.3 15 790 18 646 15 850 Other liabilities 2.12(e), 9.4 1 013 2 098 961 Total liabilities 20 593 24 032 32 314
Net assets (liabilities) 125 173 148 931 120 037
Equity Reserves 19 302 40 824 19 302 Accumulated funds 105 871 108 107 100 735 Total equity 11.1 125 173 148 931 120 037
This Balance Sheet should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 4 of the accompanying notes.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 128 Financial Statements
Cash Flow Statement for the year ended 30 June 2009 2009 2009 2008 Notes Budget Actual Actual Cash flows from operating activities $’000 $’000 $’000 Inflows Inflows Inflows Cash inflows (Outflows) (Outflows) (Outflows) Appropriation receipts - recurrent 120 473 119 750 112 941 Appropriation receipts - capital 12 270 11 905 9 242 Receipts from Special Capital Investment Funds - - 1 045 Grants 3 271 610 1 247 Sales of goods and services 6 359 6 307 6 148 Fees and fines 10 6 330 4 446 GST receipts 5 700 4 376 4 812 Interest received 40 4 8 Other cash receipts 2 295 4 046 6 617 Total cash inflows 150 418 153 328 146 506 Cash outflows Employee benefits (77 856) (80 598) (74 893) GST payments (5 700) (4 337) (4 878) Interest payments - (130) (12) Supplies and consumables (29 374) (26 708) (26 393) Grants and transfer payments (6 038) (8 687) (5 987) Other cash payments (18 638) (18 859) (17 508) Total cash outflows (137 606) (139 319) (129 671) Net cash from (used by) operating activities 12.2 12 812 14 009 16 835
Cash flows from investing activities Cash inflows Proceeds from the disposal of non-financial assets - 1 - Total cash inflows - 1 -
Cash outflows Payments for acquisition of non-financial assets (1 832) (1 846) (2 022) Cash outflow on administrative restructure - - (315) Total cash outflows (1 832) (1 846) (2 337) Net cash from (used by) investing activities (1 832) (1 845) (2 337)
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 129 Financial Statements
Cash flows from financing activities Cash outflows Repayment of borrowings (10 602) (11 278) (8 741) Total cash outflows (10 602) (11 278) (8 741)
2009 2009 2008 Notes Budget Actual Actual Cash flows from operating activities $’000 $’000 $’000 Inflows Inflows Inflows (Outflows) (Outflows) (Outflows)
Net cash from (used by) financing activities (10 602) (11 278) (8 741)
Net increase (decrease) in cash held 378 886 5 757 Cash and deposits at the beginning of the reporting period 8 682 14 193 8 436 Cash and deposits at the end of the reporting period 12.1 9 060 15 079 14 193
This Cash Flow Statement should be read in conjunction with the accompanying notes.
Budget information refers to original estimates and has not been subject to audit.
Explanations of material variances between budget and actual outcomes are provided in Note 4 of the accompanying notes.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 130 Financial Statements
Statement of Recognised Income and Expense for the year ended 30 June 2009 2009 2008 Notes $’000 $’000 Income and expenses recognised directly in equity Increase(decrease) in Asset revaluation reserve 11.2 21 522 - Decrease in Net Assets due to administrative restructuring 11.3 - (209) Other equity adjustment – GST on restructure - (6) Net income recognised directly in equity 21 522 (215)
Net surplus/(deficit) for the financial year 7 372 8 426
Total recognised income and expense for the financial year 28 894 8 211
This Statement of Recognised Income and Expense should be read in conjunction with the accompanying notes.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 131 Financial Statements
Notes to and forming part of the Financial Statements for the year ended 30 June 2009 Note 1 Administered Financial Statements...... 135 1.1 Schedule of Administered Income and Expenses ...... 135 1.2 Schedule of Administered Assets and Liabilities ...... 136 1.3 Schedule of Administered Cash Flows ...... 137 1.4 Schedule of Recognised Administered Income and Expenses ...... 138 Note 2 Significant Accounting Policies ...... 139 2.1 Objectives and Funding ...... 139 2.2 Basis of Accounting ...... 140 2.3 Reporting Entity ...... 140 2.4 Functional and Presentation Currency ...... 140 2.5 Changes in Accounting Policies ...... 140 2.6 Administered Transactions and Balances ...... 142 2.7 Activities Undertaken Under a Trustee or Agency Relationship ...... 142 2.8 Transactions by the Government as Owner – Restructuring of Administrative Arrangements ...... 142 2.9 Income ...... 143 2.10 Expenses ...... 144 2.11 Assets ...... 145 2.12 Liabilities ...... 147 2.13 Leases ...... 148 2.14 Judgements and Assumptions ...... 149 2.15 Comparative Figures ...... 149 2.16 Budget Information ...... 149 2.17 Rounding ...... 149 2.18 Departmental Taxation ...... 149 2.19 Goods and Services Tax ...... 150 Note 3 Departmental Output Schedules...... 151 3.1 Output Group Information ...... 151 3.2 Reconciliation of Total Output Groups Net Result to Income Statement ...... 163 3.3 Reconciliation of Total Output Groups Net Assets to Balance Sheet ...... 163 3.4 Administered Output Schedule ...... 164 3.5 Reconciliation of Total Administered Output Groups Net Result to Administered Schedule of Income and Expenses ...... 168 3.6 Reconciliation of Total Administered Output Groups Net Assets to Schedule of Administered Assets and Liabilities ...... 168 Note 4 Explanations of Material Variances between Budget and Actual Outcomes...... 169 4.1 Income Statement ...... 169 4.2 Balance Sheet ...... 170 4.3 Cash Flow Statement ...... 171 Note 5 Events Occurring After Balance Date...... 171 Note 6 Income ...... 172 6.1 Revenue from Government ...... 172 6.2 Revenue from Special Capital Investment Funds ...... 172 6.3 Grants ...... 173
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 132 Financial Statements
6.4 Sales of goods and services ...... 173 6.5 Fees and fines ...... 173 6.6 Other revenue ...... 174 Note 7 Expenses...... 175 7.1 Employee benefits ...... 175 7.2 Depreciation and amortisation ...... 175 7.3 Loss on sale of non-financial assets ...... 176 7.4 Supplies and consumables ...... 176 7.5 Grants and subsidies ...... 176 7.6 Borrowing costs ...... 177 7.7 Write down of assets ...... 177 7.8 Impairment losses ...... 177 7.9 Other expenses ...... 178 Note 8 Assets...... 179 8.1 Receivables ...... 179 8.2 Inventories ...... 179 8.3 Property, plant and equipment ...... 180 8.4 Intangibles ...... 182 Note 9 Liabilities...... 184 9.1 Payables ...... 184 9.2 Interest bearing liabilities ...... 184 9.3 Employee benefits ...... 185 9.4 Other liabilities ...... 185 Note 10 Commitments and Contingencies...... 186 10.1 Schedule of Commitments ...... 186 10.2 Contingent Assets and Liabilities ...... 187 Note11 Equity and Movements in Equity ...... 188 11.1 Reconciliation of equity ...... 188 11.2 Asset revaluation reserve by class of asset ...... 189 11.3 Administrative Restructuring ...... 189 Note 12 Cash Flow Reconciliation...... 190 12.1 Cash and deposits ...... 190 12.2 Reconciliation of Operating Surplus (Deficit) to Net Cash from Operating Activities ...... 190 12.3 Acquittal of Capital Investment and Special Capital Investment Funds ...... 191 12.4 Financing Facilities ...... 192 Note 13 Financial Instruments...... 193 13.1 Risk exposures ...... 193 13.2 Categories of Financial Assets and Liabilities ...... 196 13.3 Reclassifications of Financial Assets ...... 196 13.4 Net Fair Values of Financial Assets and Liabilities ...... 197 Note 14 Notes to Administered Statements...... 198 14.1 Explanations of Material Variances between Budget and Actual Outcomes ...... 198 14.2 Administered revenue from Government ...... 200 14.3 Administered Grants ...... 200 14.4 Administered Sales of goods and services ...... 200
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 133 Financial Statements
14.5 Administered Fees and fines ...... 201 14.6 Administered Gain on sale of non-financial assets ...... 201 14.7 Administered Other revenue ...... 201 14.8 Administered Employee benefits ...... 201 14.9 Loss on sale of administered non-financial assets ...... 202 14.10 Administered Supplies and consumables ...... 202 14.11 Administered Grants and subsidies ...... 202 14.12 Administered Impairment losses ...... 203 14.13 Administered Other expenses ...... 203 14.14 Administered Receivables ...... 203 14.15 Administered Property, plant and equipment ...... 204 14.17 Administered Employee benefits ...... 205 14.18 Administered Other liabilities ...... 205 14.19 Schedule of Administered Commitments ...... 205 14.20 Reconciliation of Administered equity ...... 206 14.21 Administered Cash and deposits ...... 206 14.22 Reconciliation of Administered Operating Surplus (Deficit) to Net Cash from Administered Operating Activities 206 14.23 Financial Instruments (Administered) ...... 207 14.24 Categories of Administered Financial Assets and Liabilities ...... 209 14.25 Net Fair Values of Administered Financial Assets and Liabilities ...... 209 Note 15 Transactions and Balances Relating to a Trustee or Agency Arrangement ....210
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 134 Financial Statements
Note 1 Administered Financial Statements
1.1 Schedule of Administered Income and Expenses 2009 2009 2008 Notes Budget Actual Actual $’000 $’000 $’000 Revenue and other income Revenue from Government Appropriation revenue – recurrent 2.9(a), 14.2 1 755 - - Grants 2.9(b), 14.3 - 610 4 107 Sales of goods and services 2.9(c), 14.4 7 134 74 69 Fees and fines 2.9(d), 14.5 26 034 36 870 28 837 Interest 2.9(e) - 73 82 Gain on sale of non-financial assets 2.9(f), 14.6 - - 1 Other revenue 2.9(g), 14.7 - 6 134 5 995 Total revenue and other income 34 923 43 761 39 091
Expenses Employee benefits 2.10(a), 14.8 - 2 143 1 660 Loss on sale of non-financial assets 2.9(f), 14.9 - 2 - Supplies and consumables 14.10 - 1 350 1 373 Grants and subsidies 2.10(c), 14.11 1 755 43 23 Impairment losses 2.10(e)(f), - 3 066 2 465 14.12 Transfers to the Consolidated Fund 27 168 25 720 23 434 Other expenses 2.10(g), 14.13 - 4 816 3 935 Total expenses 28 923 37 140 32 890
Net surplus (deficit) attributable to the State 6 000 6 621 6 201
This Schedule of Administered Income and Expenses should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 14.1 of the accompanying notes.
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1.2 Schedule of Administered Assets and Liabilities 2009 2009 2008 Notes Budget Actual Actual $’000 $’000 $’000 Assets Financial assets Cash and deposits 2.11(a), 14.21 2 179 3 087 3 313 Receivables 2.11(b), 14.14 34 697 34 811 27 803 Total assets 36 876 37 898 31 116
Liabilities Payables 2.12(a), 14.16 86 116 65 Employee benefits 2.12(c), 14.17 282 438 336 Other liabilities 2.12(e), 14.18 13 27 19 Total liabilities 381 581 420
Net assets (liabilities) 36 495 37 317 30 696
Equity Accumulated funds 36 495 37 317 30 696 Total equity 14.20 36 495 37 317 30 696
This Schedule of Administered Assets and Liabilities should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 14.1 of the accompanying notes.
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1.3 Schedule of Administered Cash Flows 2009 2009 2008 Notes Budget Actual Actual Cash flows from operating activities $’000 $’000 $’000 Inflows Inflows Inflows Cash inflows (Outflows) (Outflows) (Outflows) Appropriation receipts – recurrent 1 755 - - Grants - 610 4 107 Sales of goods and services 7 134 73 73 Fees and fines 20 034 26 777 21 283 Interest received - 73 82 Other cash receipts - 6 154 5 978 Total cash inflows 28 923 33 687 31 523 Cash outflows Employee benefits - (2 040) (1 607) Grants and transfer payments (1 755) (43) - Transfers to the Consolidated Fund (27 168) (25 720) (23 434) Supplies and consumables - (1 337) (1 368) Other cash payments - (4 773) (3 981) Total cash outflows (28 923) (33 913) (30 390) Net cash from (used by) operating activities 14.22 - (224) 1 133
Cash flows from investing activities Cash inflows Proceeds from the disposal of non-financial assets - (2) 1 Total cash inflows - (2) 1 Net cash from (used by) investing activities - (2) 1
Net increase (decrease) in cash held - (226) 1 134 Cash and deposits at the beginning of the reporting period 2 179 3 313 2 179 Cash and deposits at the end of the reporting period 14.21 2 179 3 087 3 313
This Schedule of Administered Cash Flows should be read in conjunction with the accompanying notes. Budget information refers to original estimates and has not been subject to audit. Explanations of material variances between budget and actual outcomes are provided in Note 14.1 of the accompanying notes.
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1.4 Schedule of Recognised Administered Income and Expenses 2009 2008 Notes $’000 $’000
Net surplus/(deficit) for the financial year 6 621 6 201
Total recognised income and expense for the financial year 6 621 6 201
This Schedule of Recognised Administered Income and Expenses should be read in conjunction with the accompanying notes.
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Note 2 Significant Accounting Policies
2.1 Objectives and Funding The Department of Justice has a combined mission and vision statement. The Agency, in partnership with others, will work towards achieving a safe, fair and sustainable community where the diversity and rights of individuals are respected. This Department (including its employees) will promote a workplace where: • people are treated fairly and the diversity amongst our staff is encouraged and respected; • all staff are accountable for working to achieve the goals of the Agency; • on-going learning, creativity and participation are valued; • the provision of high quality and effective services is acknowledged as the focus of each working day, and staff are provided with the skills necessary to deliver such services; • the need to work cooperatively with others outside of our Agency is recognised and accepted; and • all the dealings of the Agency are conducted with fairness and integrity. The Agency believes that key to developing and implementing the strategies needed to address these issues is a co-operative approach with other government and non- government authorities. The Agency provides administrative support for: the Supreme and Magistrates Courts; Tasmanian Industrial Commission; Tasmanian Legal Aid Commission; Resource Management and Planning Appeal Tribunal; Resource Planning and Development Commission; WorkCover Board; Guardianship and Administration Board; Mental Health Tribunal; Forensic Tribunal; Public Guardian; Tasmanian Electoral Commission; Workers Rehabilitation and Compensation Tribunal; and Sullivans Cove Waterfront Authority. It also supports the statutory offices of: the Solicitor-General; the Director of Public Prosecutions; the Health Complaints Commissioner; the Legal Ombudsman (until 31 December 2008); and the Anti-Discrimination Commissioner. Some of these areas are separately accountable to Parliament. The Agency is also directly responsible for services delivered by: the Tasmanian Prison Service, Community Corrections, Crown Law; Office of Consumer Affairs and Fair Trading; Registry of Births, Deaths and Marriages; Victims Support Services; Workplace Standards Tasmania; Parole Board; Land Use Planning; Poppy Advisory and Control Board; Monetary Penalties Enforcement Service; the Office of Legislation Development and Review, Operational Review Unit and Industrial Relations (Private Sector). In managing these responsibilities the Secretary and other senior officers are supported by the Division of Corporate Services (including Financial Services, Human Resources, Information Technology Services, Strategic Systems, Law Library and Records), and the Office of the Secretary (including Strategic Policy and Projects). Departmental activities are classified as either controlled or administered.
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Controlled activities involve the use of assets, liabilities, revenues and expenses controlled or incurred by the Department in its own right. Administered activities involve the management or oversight by the Department, on behalf of the Government, of items controlled or incurred by the Government. The Department is predominantly funded through Parliamentary appropriations. It also provides services on a fee for service basis , as outlined in Notes 6.4 and 6.5. The financial report encompasses all funds through which the Department controls resources to carry on its functions. 2.2 Basis of Accounting The Financial Statements are a general purpose financial report and have been prepared in accordance with: • Australian Accounting Standards (AAS) issued by the Australian Accounting Standards Board (AASB) and Interpretations; and • The Treasurer’s Instructions issued under the provisions of the Financial Management and Audit Act 1990 . The Financial Statements were signed by the Secretary on 14 August 2009. Compliance with the AAS may not result in compliance with International Financial Reporting Standards, as the AAS include requirements and options available to not-for-profit organisations that are inconsistent with IFRS. The Department is considered to be not-for- profit and has adopted some accounting policies under the AAS that do not comply with IFRS. The Financial Statements have been prepared on an accrual basis and, except where stated, are in accordance with the historical cost convention. The accounting policies are generally consistent with the previous year except for those changes outlined in Note 2.5. 2.3 Reporting Entity The Financial Statements include all the controlled activities of the Department. The Financial Statements consolidate material transactions and balances of the Department and entities included in its output groups. 2.4 Functional and Presentation Currency These Financial Statements are presented in Australian dollars, which is the Department’s functional currency. 2.5 Changes in Accounting Policies
(a) Impact of new and revised Accounting Standards In the current year, the Department has adopted all of the new and revised Standards and Interpretations issued by the Australian Accounting Standards Board that are relevant to its operations and effective for the current annual reporting period. These include: • AASB 2008-10 Amendments to Australian Accounting Standards: Reclassification of Financial Instruments permits the reclassification of certain non-derivative financial assets. The
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Department does not intend on reclassifying its financial assets in the current period, accordingly there will be no financial impact. • AASB 2007-9 Amendments to Australian Accounting Standards arising from the Review of AASs 27, 29 and 31 – The primary focus of this Standard has been on relocating, where necessary, the requirements in AASs 27, 29 and 31, substantively unamended (with some exceptions), into topic-based Standards. The Standard will not have a material financial impact on the Financial Statements. (b) Impact of new and revised Accounting Standards yet to be applied The following applicable Standards have been issued by the AASB and are yet to be applied: • AASB 2007-6 Amendments to Australian Accounting Standards Arising from AASB 123 – revised Standard to be applied in reporting periods beginning on or after 1 January 2009. Eliminates the option of expensing borrowing costs directly attributable to the construction or production of qualifying assets, instead requiring capitalisation. The transitional provisions apply for prospective application as a result there will be no retrospective financial impact on the 2009 Financial Statements. • AASB 2007-8 Amendments to Australian Accounting Standards Arising from AASB 101 - revised Standard to be applied in reporting periods beginning on or after 1 January 2009. The Standard will not have a financial impact on the Financial Statements but will require a number of changes in disclosures. • AASB 2007-10 Further Amendments to Australian Accounting Standards arising from AASB 101 –revised Standard to be applied from reporting periods beginning on or after 1 January 2009. This Standard changes the term “general purpose financial report” to “general purpose Financial Statements” and the term “financial report” to “Financial Statements”, where appropriate, in Australian Accounting Standards (including Interpretations) and the Framework to better align with IFRS terminology. The Standard will not have a financial impact on the Financial Statements. • AASB 2008-3 Amendments to Accounting Standards arising from AASB 3 and AASB 127 - revised Standard to be applied to annual reporting periods beginning on or after 1 July 2009. The focus of the Standard is to reduce alternatives in accounting for subsidiaries in consolidated Financial Statements and in accounting for investments in the separate Financial Statements of a parent. The Standard will not have a financial impact on the Financial Statements. • AASB 2008-5 Amendments to Australian Accounting Standards arising from the Annual Improvements Project – revised Standard to be applied from reporting periods beginning on or after 1 January 2009. The amendments to some Standards result in accounting changes for presentation, recognition or measurement purposes, while some amendments that relate to terminology and editorial changes are expected to have no or minimal effect on accounting. The Standard will not have a material financial impact on the Department’s Financial Statements. • AASB 2008-6 Further Amendments to Australian Accounting Standards arising from the Annual Improvements Project - revised Standard to be applied from annual reporting periods beginning on or after 1 July 2009. This Standard amends AASB 1 and AASB 5 to include requirements relating to a sale plan involving the loss of control of a subsidiary. The amendments require all the assets and liabilities of such a subsidiary to
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be classified as held for sale and clarify the disclosures required when the subsidiary is part of a disposal group that meets the definition of a discontinued operation. The Standard will not have a financial impact on the Financial Statements. • AASB 2008-7 Amendments to Australian Accounting Standards – Cost of an Investment in a Subsidiary, Jointly Controlled Entity or Associate – revised Standard to be applied from reporting periods beginning on or after 1 January 2009. The Standard removes the requirement to deduct dividends declared out of pre-acquisition profits from the cost of an investment in a subsidiary, jointly controlled entity or associate and to include recognising a dividend from a subsidiary, jointly controlled entity or associate, together with other evidence, as an indication that the investment in the subsidiary, jointly controlled entity or associate may be impaired. The Standard will not have a financial impact on the Financial Statements. • AASB 2008-13 Amendments to Australian Accounting Standards arising from AASB Interpretation 17 – Distributions of Non-cash Assets to Owners - revised Standard to be applied from annual reporting periods beginning on or after 1 July 2009. The amendments are in respect of the classification, presentation and measurement of non-current assets held for distribution to owners in their capacity as owners and the disclosure requirements for dividends that are declared after the reporting period but before the Financial Statements are authorised for issue, respectively. The Standard will not have a material financial impact on the Department’s Financial Statements. 2.6 Administered Transactions and Balances The Department administers, but does not control, certain resources on behalf of the Government as a whole. It is accountable for the transactions involving such administered resources, but does not have the discretion to deploy resources for the achievement of the Department’s objectives. Administered assets, liabilities, expenses and revenues are disclosed in Note 1 to the Financial Statements. 2.7 Activities Undertaken Under a Trustee or Agency Relationship Transactions relating to activities undertaken by the Department in a trust or fiduciary (agency) capacity do not form part of the Department’s activities. Trustee and agency arrangements, and transactions/balances relating to those activities, are neither controlled nor administered. Fees, commissions earned and expenses incurred in the course of rendering services as a trustee or through an agency arrangement are recognised as controlled transactions. 2.8 Transactions by the Government as Owner – Restructuring of Administrative Arrangements Net assets received under a restructuring of administrative arrangements are designated as contributions by owners and adjusted directly against equity. Net assets relinquished are designated as distributions to owners. Net assets transferred are initially recognised at the amounts at which they were recognised by the transferring agency immediately prior to the transfer. Details of these transactions are provided in Note 0.
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2.9 Income Income is recognised in the Income Statement when an increase in future economic benefits related to an increase in an asset or a decrease of a liability has arisen that can be measured reliably.
(a) Revenue from Government Appropriations, whether recurrent or capital, are recognised as revenues in the period in which the Department gains control of the appropriated funds. Except for any amounts identified as carried forward in Notes 0 and 0, control arises in the period of appropriation.
(b) Grants Grants payable by the Australian Government are recognised as revenue when the Department gains control of the underlying assets. Where grants are reciprocal, revenue is recognised as performance occurs under the grant. Non-reciprocal grants are recognised as revenue when the grant is received or receivable. Conditional grants may be reciprocal or non-reciprocal depending on the terms of the grant.
(c) Sales of goods and services Amounts earned in exchange for the provision of goods are recognised when the significant risks and rewards of ownership have been transferred to the buyer. Revenue from the provision of services is recognised in proportion to the stage of completion of the transaction at the reporting date. The stage of completion is assessed by reference to surveys of work performed.
(d) Fees and fines Revenue from fees and fines is recognised when obligation to pay arises, pursuant to the issue of an assessment. Interest is charged on outstanding amounts and is brought to account, where possible, on an accrual basis, otherwise as it is received. Receivables are assessed at balance date for impairment.
(e) Interest Interest on funds invested is recognised as it accrues using the effective interest rate method.
(f) Gain (loss) from the sale of non-financial assets Gains or losses from the sale of Non-financial assets are recognised when control of the asset has passed to the buyer.
(g) Other revenue Revenue from other sources is recognised when the Department gains control of the funds and it is probable that the inflow of funds has occurred and can be reliably measured.
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2.10 Expenses Expenses are recognised in the Income Statement when a decrease in future economic benefits related to a decrease in asset or an increase of a liability has arisen that can be measured reliably.
(a) Employee benefits Employee benefits include, where applicable, entitlements to wages and salaries, annual leave, sick leave, long service leave, superannuation and any other post-employment benefits.
(b) Depreciation and amortisation All applicable Non-financial assets having a limited useful life are systematically depreciated over their useful lives in a manner which reflects the consumption of their service potential. Land, being an asset with an unlimited useful life, is not depreciated. Depreciation is provided for on a straight line basis, using rates which are reviewed annually. Major depreciation rates are as follows: Plant, equipment and vehicles 1-20% Prison Buildings and Structures 1-10% Buildings Other 2-20% Library 5% Building Improvements 4-10% All intangible assets having a limited useful life are systematically amortised over their useful lives reflecting the pattern in which the asset’s future economic benefits are expected to be consumed by the Department. Major amortisation rates are: Software 10% (c) Grants and subsidies Grant and subsidies expenditure is recognised to the extent that: • the services required to be performed by the grantee have been performed; or • the grant eligibility criteria have been satisfied. A liability is recorded when the Department has a binding agreement to make the grants but services have not been performed or criteria satisfied. Where grant monies are paid in advance of performance or eligibility, a prepayment is recognised.
(d) Borrowing costs All borrowing costs are expensed as incurred using the effective interest method. Borrowing costs include costs on short term and long term borrowing.
(e) Impairment – Financial assets Financial assets are assessed at each reporting date to determine whether there is any objective evidence that there are any financial assets that are impaired. A financial asset is considered to be impaired if objective evidence indicates that one or more events have had a negative affect on the estimated future cash flows of that asset.
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An impairment loss, in respect of a financial asset measured at amortised cost, is calculated as the difference between its carrying amount, and the present value of the estimated future cash flows discounted at the original effective interest rate. All impairment losses are recognised in the Income Statement. An impairment loss is reversed if the reversal can be related objectively to an event occurring after the impairment loss was recognised. For financial assets measured at amortised cost and available-for-sale financial assets that are debt securities, the reversal is recognised in profit or loss. For available-for-sale financial assets that are equity securities, the reversal is recognised directly in equity.
(f) Impairment – Non-financial assets All non-financial assets are assessed to determine whether any impairment exists. Impairment exists when the recoverable amount of an asset is less than its carrying amount. Recoverable amount is the higher of fair value less costs to sell and value in use. The Department’s assets are not used for the purpose of generating cash flows; therefore value in use is based on depreciated replacement cost where the asset would be replaced if deprived of it. All impairment losses are recognised in Income Statement. An impairment loss in respect of goodwill is not reversed. In respect of other assets, impairment losses recognised in prior periods are assessed at each reporting date for any indications that the loss has decreased or no longer exists. An impairment loss is reversed if there has been a change in the estimates used to determine the recoverable amount. An impairment loss is reversed only to the extend that the asset’s carrying amount does not exceed the carrying amount that would have been determined, net of depreciation or amortisation, if no impairment loss had been recognised.
(g) Other expenses Expenses from ordinary activities are recognised when it is probable that the consumption or loss of future economic benefits resulting in a reduction in assets or an increase in liabilities has occurred and can be reliably measured. 2.11 Assets Assets are recognised in the Balance Sheet when it is probable that the future economic benefits will flow to the Department and the asset has a cost or value that can be measured reliably.
(a) Cash and deposits Cash means notes, coins, any deposits held at call with a bank or financial institution, as well as funds held in the Special Deposits and Trust Fund. Deposits are recognised at amortised cost, being their face value.
(b) Receivables Receivables are recognised at amortised cost, less any impairment losses, however, due to the short settlement period, receivables are not discounted back to their present value.
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(c) Inventories Inventories held for distribution are valued at cost adjusted, when applicable, for any loss of service potential. Inventories acquired for no cost or nominal consideration are valued at current replacement cost. Inventories are measured using standard cost principles with each item being given a unit value based on average recent costs.
(d) Property, plant, equipment and infrastructure
(i) Valuation basis Land, buildings and long lived plant and equipment are recorded at fair value less accumulated depreciation. Livestock at Hayes Prison Farm is reported at net market value of livestock of similar age, breed and genetic merit. All other non-current physical assets, including work in progress, are recorded at historic cost less accumulated depreciation and accumulated impairment losses. The Department’s land and buildings were revalued as at 30 June 2009 by independent valuers Brothers and Newton Pty Ltd. The revaluation was undertaken in accordance with relevant Valuation and Accounting Standards and is based on fair value. Where possible, assets have been valued on the basis of market value with reference to observable prices in an active market, using traditional methods such as sales comparison. However, due to the nature of some of the Department’s assets, including prisons and court buildings, they are unlikely to transact in the market for their existing use. Accordingly these assets have been valued on a depreciated replacement cost basis. These valuations take in to account market prices for construction costs, the economic life of the buildings, the condition of the buildings and any design aspects which would alter their value. The majority of the Department’s library assets are recognised at historic cost, however, selected library items are not recognised in the Balance Sheet due to the reliable measurement criteria for asset recognition not being met. These items include archival material considered to be irreplaceable, other historic materials, and parliamentary material for which values could not be obtained. Cost includes expenditure that is directly attributable to the acquisition of the asset. The costs of self-constructed assets includes the cost of materials and direct labour, any other costs directly attributable to bringing the asset to a working condition for its intended use, and the costs of dismantling and removing the items and restoring the site on which they are located. Purchased software that is integral to the functionality of the related equipment is capitalised as part of that equipment. When parts of an item of property, plant and equipment have different useful lives, they are accounted for as separate items (major components) of property, plant and equipment.
(ii) Subsequent costs The cost of replacing part of an item of property, plant and equipment is recognised in the carrying amount of the item if it is probable that the future economic benefits embodied within the part will flow to the Department and its costs can be measured reliably. The
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 146 Financial Statements carrying amount of the replaced part is derecognised. The costs of day-to-day servicing of property, plant and equipment are recognised in profit or loss as incurred.
(iii) Asset recognition threshold The asset capitalisation threshold adopted by the Department is $5,000. Assets valued at less than $5,000 are charged to the Income Statement in the year of purchase (other than where they form part of a group of similar items which are material in total).
(iv) Revaluations Assets are grouped on the basis of having a similar nature or function in the operations of the Department. Library assets are reported at historic cost. Assets are revalued with sufficient regularity to ensure they reflect fair value at balance date.
(e) Intangibles An intangible asset is recognised where: • it is probable that an expected future benefit attributable to the asset will flow to the Department; and • the cost of the asset can be reliably measured. Intangible assets held by the Department are valued at fair value less any subsequent accumulated amortisation and any subsequent accumulated impairment losses where an active market exists. Where no active market exists, intangibles are valued at cost less any accumulated amortisation and any accumulated impairment losses.
(f) Other assets Other assets are recognised in the Balance Sheet when it is probable that the future economic benefits will flow to the Department and the asset has a cost or value that can be measured reliably. 2.12 Liabilities Liabilities are recognised in the Balance Sheet when it is probable that an outflow of resources embodying economic benefits will result from the settlement of a present obligation and the amount at which the settlement will take place can be measured reliably.
(a) Payables Payables, including goods received and services incurred but not yet invoiced, are recognised at amortised cost, which due to the short settlement period, equates to face value, when the Department becomes obliged to make future payments as a result of a purchase of assets or services.
(b) Interest bearing liabilities Bank loans and other loans are initially measured at fair value, net of transaction costs. Bank loans and other loans are subsequently measured at amortised cost using the effective interest rate method, with interest expense recognised on an effective yield basis.
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The effective interest rate method is a method of calculating the amortised cost of a financial liability and allocating interest expense over the relevent period. The effective interst rate is the rate that exactly discounts estimated future cash payments through the expected life of the financial liability, or where appropriate, a shorter period. A liability was recognised in 2007-08 for the ANZ loan relating to the Prison Infrastructure Redevelopment Program as discussed in Note 9.2. This loan was fully repaid during 2008-09.
(c) Employee benefits Liabilities for wages and salaries and annual leave are recognised when an employee becomes entitled to receive a benefit. Those liabilities expected to be realised within 12 months are measured as the amount expected to be paid. Other employee entitlements are measured as the present value of the benefit at 30 June 2009, where the impact of discounting is material, and at the amount expected to be paid if discounting is not material. A liability for long service leave is recognised, and is measured as the present value of expected future payments to be made in respect of services provided by employees up to the reporting date.
(d) Superannuation
(i) Defined contribution plans A defined contribution plan is a post-employment benefit plan under which an entity pays fixed contributions into a separate entity and will have no legal or constructive obligation to pay further amounts. Obligations for contributions to defined contribution plans are recognised as an expense when they fall due.
(ii) Defined benefit plans A defined benefit plan is a post-employment benefit plan other than a defined contribution plan. The Department does not recognise a liability for the accruing superannuation benefits of Departmental employees. This liability is held centrally and is recognised within the Finance-General Division of the Department of Treasury and Finance.
(iii) Other liabilities The Department has separately recognised a liability for Payroll Tax on the accruing employee Annual Leave and Long Service Leave entitlements calculated as 6.1% of the outstanding leave provisions. 2.13 Leases The Department has entered into a number of operating lease agreements for property, plant and equipment, where the lessors effectively retain all the risks and benefits incidental to ownership of the items leased. Equal instalments of lease payments are charged to the Income Statement over the lease term, as this is representative of the pattern of benefits to be derived from the leased property.
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The Department is prohibited by Treasurer’s Instruction 502 Leases from holding finance leases. 2.14 Judgements and Assumptions In the application of Australian Accounting Standards, the Department is required to make judgements, estimates and assumptions about carrying values of assets and liabilities that are not readily apparent from other sources. The estimates and associated assumptions are based on historical experience and various other factors that are believed to be reasonable under the circumstances, the results of which form the basis of making the judgements. Actual results may differ from these estimates. The estimates and underlying assumptions are reviewed on an ongoing basis. Revisions to accounting estimates are recognised in the period in which the estimate is revised if the revision affects only that period or in the period of the revision and future periods if the revision affects both current and future periods. Judgements made by the Department that have significant effects on the Financial Statements are disclosed in the relevant notes to the Financial Statements. The Department has made no assumptions concerning the future that may cause a material adjustment to the carrying amounts of assets and liabilities within the next reporting period other than the collection of administered fines receivable settled within 12 months and settled in more than 12 months. Refer to Note 14.14 for details on administered fines receivable. 2.15 Comparative Figures Comparative figures have been adjusted to reflect any changes in accounting policy or the adoption of new standards. Details of the impact of changes in accounting policy on comparative figures are at Note 0. Where amounts have been reclassified within the Financial Statements, the comparative statements have been restated. The comparatives for external administrative restructures are not reflected in the Financial Statements. 2.16 Budget Information Budget information refers to original estimates as disclosed in the 2008-09 Budget Papers and is not subject to audit. 2.17 Rounding All amounts in the Financial Statements have been rounded to the nearest thousand dollars, unless otherwise stated. 2.18 Departmental Taxation The Department is exempt from all forms of taxation except Fringe Benefits Tax, Payroll Tax and the Goods and Services Tax.
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2.19 Goods and Services Tax Revenue, expenses and assets are recognised net of the amount of Goods and Services Tax, except where the GST incurred is not recoverable from the Australian Taxation Office. Receivables and payables are stated inclusive of GST. The net amount recoverable, or payable, to the ATO is recognised as an asset or liability within the Balance Sheet. In the Cash Flow Statement, the GST component of cash flows arising from operating, investing or financing activities which is recoverable from, or payable to, the Australian Taxation Office is, in accordance with the Australian Accounting Standards, classified as operating cash flows.
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Note 3 Departmental Output Schedules
3.1 Output Group Information Comparative information has not been restated for external administrative restructures. Budget information refers to original estimates and has not been subject to audit. Output Group 1 – Administration of Justice
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 28 516 30 419 26 055 Revenue from Reserved by Law 9 618 6 611 6 958 Grants - 610 1 247 Sales of goods and services 821 206 300 Other revenue 288 1 755 1 340 Total 39 243 39 601 35 900
Expenses Salary and wages 17 249 17 155 15 493 Superannuation 1 640 1 626 1 457 Other employee related expenses 250 348 358 Depreciation and amortisation 1 547 1 164 966 Grants and transfer payments 5 219 7 535 5 488 Consultants 151 194 549 Maintenance and property expenses 2 452 2 259 2 548 Communications 429 712 654 Information technology 790 461 279 Travel and transport 375 469 508 Advertising and promotion 21 64 21 Other supplies and consumables 1 548 2 104 1 739 Costs awarded 3 100 2 664 2 885 Other expenses 5 980 4 167 3 709 Total 40 751 40 922 36 654
Net result (1 508) (1 321) (754)
Expense by output 1.1 Supreme Court Services 9 114 8 558 8 007 1.2 Magisterial Court Services 11 951 12 427 11 845 1.3 Enforcement of Monetary Penalties 4 412 3 369 2 700 1.4 Support and Compensation for Victims of Crime and Others 7 938 7 195 7 116 1.5 Legal Aid 5 582 7 426 5 223 1.6 Mental Health review and Guardianship Board Decisions 1 754 1 947 1 763 Total 40 751 40 922 36 654
Net Assets Total assets deployed for Administration of Justice 60 697 48 017 Total liabilities incurred for Administration of Justice (5 308) (5 105) Net assets deployed for Administration of Justice 55 389 42 912
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Output Group 2 – Legal Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 5 244 5 380 4 860 Revenue from Reserved by Law 825 782 1 014 Sales of goods and services 2 639 2 665 2 706 Other revenue 103 870 360 Total 8 811 9 697 8 940
Expenses Salary and wages 6 046 6 219 5 585 Superannuation 620 621 560 Other employee related expenses 54 82 107 Depreciation and amortisation 129 2 4 Grants and transfer payments 4 10 108 Consultants 31 18 152 Maintenance and property expenses 574 47 84 Communications 90 83 99 Information technology 271 160 104 Travel and transport 134 186 197 Advertising and promotion 32 2 2 Other supplies and consumables 392 180 166 Other expenses 431 1 454 1 540 Total 8 808 9 064 8 708
Net result 3 633 232
Expense by output 2.1 Crown Law 8 170 8 466 7 958 2.2 Legislative Development and Review 638 598 750 Total 8 808 9 064 8 708
Net Assets Total assets deployed for Legal Services 4 031 3 210 Total liabilities incurred for Legal Services (1 868) (1 658) Net assets deployed for Legal Services 2 163 1 552
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Output Group 3 – Registration Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 972 974 954 Sales of goods and services 306 254 489 Other revenue - 72 113 Total 1 278 1 300 1 556
Expenses Salary and wages 629 491 506 Superannuation 54 56 48 Other employee related expenses 4 23 29 Depreciation and amortisation 2 1 1 Grants and transfer payments - 2 1 Consultants 7 45 49 Maintenance and property expenses 165 17 29 Communications 34 102 87 Information technology 37 23 29 Travel and transport 4 1 4 Advertising and promotion 2 - - Other supplies and consumables 300 56 37 Other expenses 40 663 504 Total 1 278 1 480 1 324
Net result - (180) 232
Expense by output 3.1 Births, Deaths and Marriages 1 278 1 480 1 324 Total 1 278 1 480 1 324
Net Assets Total assets deployed for Registration Services 719 845 Total liabilities incurred for Registration Services (132) (146) Net assets deployed for Registration Services 587 699
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 153 Financial Statements
Output Group 4 – Review Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 891 1 000 872 Sales of goods and services - 1 1 Other revenue 107 71 111 Total 998 1 072 984
Expenses Salary and wages 673 777 741 Superannuation 52 80 74 Other employee related expenses 2 10 14 Depreciation and amortisation 2 2 2 Grants and transfer payments - 3 2 Consultants 6 3 4 Maintenance and property expenses 133 19 25 Communications 15 20 22 Information technology 26 17 12 Travel and transport 19 22 20 Advertising and promotion 3 0 1 Other supplies and consumables 14 32 69 Other expenses 31 181 108 Total 976 1 166 1 094
Net result 22 (94) (110)
Expense by output 4.1 Anti-Discrimination Commission 976 1 166 1 094 Total 976 1 166 1 094
Net Assets Total assets deployed for Review Services 38 31 Total liabilities incurred for Review Services (223) (191) Net assets deployed for Review Services (185) (160)
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 154 Financial Statements
Output Group 5 – Electoral Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 814 788 788 Revenue from Reserved by Law 958 988 970 Sales of goods and services 250 1 1 Other revenue - 247 1 455 Total 2 022 2 024 3 214
Expenses Salary and wages 1 265 998 1 148 Superannuation 66 102 115 Other employee related expenses 14 7 16 Depreciation and amortisation 5 2 5 Grants and transfer payments - 2 1 Consultants 3 63 112 Maintenance and property expenses 77 25 55 Communications 70 20 25 Information technology 68 4 25 Travel and transport 44 26 24 Advertising and promotion 229 - 1 Other supplies and consumables 126 632 1 221 Other expenses 67 286 290 Total 2 034 2 167 3 038
Net result (12) (143) 176
Expense by output 5.1 Elections and Referendums 2 034 2 167 3 038 Total 2 034 2 167 3 038
Net Assets Total assets deployed for Electoral Services 343 371 Total liabilities incurred for Electoral Services (290) (250) Net assets deployed for Electoral Services 53 121
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 155 Financial Statements
Output Group 6 – Corrective Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 48 574 48 270 47 017 Sales of goods and services 2 607 3 172 2 905 Other revenue 283 843 860 Total 51 464 52 285 50 782
Expenses Salary and wages 27 453 31 809 29 882 Superannuation 2,651 3 200 3 082 Other employee related expenses 105 398 539 Depreciation and amortisation 3,012 3 206 3 218 Loss on disposal of non-financial assets - 5 - Grants and transfer payments - 330 179 Consultants 99 329 186 Maintenance and property expenses 3 740 4 762 4 015 Communications 389 892 914 Information technology 365 273 65 Travel and transport 472 452 398 Advertising and promotion 16 - 14 Other supplies and consumables 8 103 6 142 6 234 Other expenses 7 420 4 192 4 336 Total 53 825 55 980 53 062
Net result (2 361) (3 695) (2 280)
Expense by output 6.1 Prison Service 49 008 50 617 48 163 6.2 Community Corrections Service 4 817 5 363 4 899 Total 53 825 55 980 53 062
Net Assets Total assets deployed for Corrective Services 100 168 94 490 Total liabilities incurred for Corrective Services (10 223) (19 748) Net assets deployed for Corrective Services 89 945 74 742
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 156 Financial Statements
Output Group 7 – Other Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 687 687 666 Other revenue - 2 2 Total 687 689 668
Expenses Salary and wages 412 440 422 Superannuation 37 48 41 Other employee related expenses 2 - 2 Consultants 5 1 1 Maintenance and property expenses 39 11 14 Communications 18 11 10 Information technology 4 5 4 Travel and transport 108 67 67 Other supplies and consumables 23 4 6 Other expenses 43 120 118 Total 691 707 685
Net result (4) (18) (17)
Expense by output 7.1 Supervision of Poppy and Hemp Crops 691 707 685 Total 691 707 685
Net Assets Total assets deployed for Other Services 23 7 Total liabilities incurred for Other Services (148) (129) Net assets deployed for Other Services (125) (122)
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 157 Financial Statements
Output Group 8 – Consumer Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 3 164 3 106 3 053 Sales of goods and services 418 4 4 Other revenue - 1 363 761 Total 3 582 4 473 3 818
Expenses Salary and wages 2 134 2 195 2 087 Superannuation 237 224 214 Other employee related expenses 12 85 72 Depreciation and amortisation 40 38 39 Grants and transfer payments 15 11 10 Consultants 9 110 83 Maintenance and property expenses 392 78 181 Communications 119 125 124 Information technology 179 103 76 Travel and transport 115 76 88 Advertising and promotion 12 12 23 Other supplies and consumables 142 248 128 Other expenses 233 714 664 Total 3 639 4 019 3 789
Net result (57) 454 29
Expense by output 8.1 Maintenance of a Fair, Safe and Equitable Market Place 3 639 4 019 3 789 Total 3 639 4 019 3 789
Net Assets Total assets deployed for Consumer Services 1 643 952 Total liabilities incurred for Consumer Services (720) (679) Net assets deployed for Consumer Services 923 273
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 158 Financial Statements
Output Group 9 – Industrial Relations Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 2 599 2 775 2 476 Sales of goods and services - 3 3 Other revenue 1 084 1 129 1 114 Total 3 683 3 907 3 593
Expenses Salary and wages 2 183 2 095 1 939 Superannuation 200 229 214 Other employee related expenses 53 45 58 Depreciation and amortisation 206 10 7 Grants and transfer payments - 11 6 Consultants 52 98 33 Maintenance and property expenses 426 44 215 Communications 97 90 79 Information technology 90 12 19 Travel and transport 182 106 102 Advertising and promotion 34 12 4 Other supplies and consumables 105 167 181 Other expenses 249 860 714 Total 3 877 3 779 3 571
Net result (194) 128 22
Expense by output 9.1 Services of the Tasmanian Industrial Commission 2 180 2 173 2 138 9.2 Workers Rehabilitation and Compensation Tribunal Decisions 1 375 1 270 1 151 9.3 Private sector Industrial Relations 322 335 282 Total 3 877 3 778 3 571
Net Assets Total assets deployed for Industrial Relations Services 367 (35) Total liabilities incurred for Industrial Relations Services (915) (766) Net assets deployed for Industrial Relations Services (548) (801)
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 159 Financial Statements
Output Group 10 – Resource Planning
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 5 455 5 328 4 976 Other revenue - 47 535 Total 5 455 5 375 5 511
Expenses Salary and wages 3 634 3 201 2 841 Superannuation 329 307 287 Other employee related expenses 104 29 30 Depreciation and amortisation 12 13 11 Grants and transfer payments - 734 141 Consultants 14 232 29 Maintenance and property expenses 323 62 55 Communications 54 55 55 Information technology 68 82 75 Travel and transport 133 82 107 Advertising and promotion 44 69 62 Other supplies and consumables 518 139 143 Other expenses 234 857 832 Total 5 467 5 862 4 668
Net result (12) (487) 843
Expense by output 10.1 Land Use Planning 2 014 1 473 815 10.2 Resource Planning and Development Commission 2 060 2 762 2 412 10.3 Resources Management Planning Appeals Tribunal 1 393 1 627 1 441 Total 5 467 5 862 4 668
Net Assets Total assets deployed for Resource Planning 772 838 Total liabilities incurred for Resource Planning (1 015) (626) Net assets deployed for Resource Planning (243) 212
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 160 Financial Statements
Output Group 11 – Workplace Standards
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 12 156 11 676 12 282 Fines and regulatory fees 10 4 891 3 220 Interest revenue 40 - - Grants 3 271 - (47) Sales of goods and services - 17 12 Other revenue 48 32 10 Total 15 525 16 616 15 477
Expenses Salary and wages 9 128 9 134 7 808 Superannuation 1 014 907 800 Other employee related expenses 10 265 159 Depreciation and amortisation 82 11 50 Grants and transfer payments 800 53 55 Consultants 40 640 544 Maintenance and property expenses 1 030 654 511 Communications 388 320 274 Information technology 438 386 280 Travel and transport 602 424 402 Advertising and promotion 741 31 93 Other supplies and consumables 538 566 660 Other expenses 810 2 911 2 413 Total 15 621 16 302 14 049
Net result (96) 314 1 428
Expense by output 11.1 Safety Standards and Compliance 8 978 11 183 9 858 11.2 Employer and Employee Services 4 813 - - 11.3 Workplace Standards and Advice 1 207 2 959 2 130 11.4 Electricity industry Regulation 623 2 160 2 061 Total 15 621 16 302 14 049
Net Assets Total assets deployed for Workplace Standards 4 162 3 625 Total liabilities incurred for Workplace Standards (3 190) (3 016) Net assets deployed for Workplace Standards 972 609
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 161 Financial Statements
Output Group – Infrastructure Investment
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 12 270 11 905 9 242 Revenue from Special Capital Investment Funds - - 1 045 Total 12 270 11 905 10 287
Expenses Salary and wages 2 (24) 91 Superannuation - - 10 Other employee related expenses 1 - 8 Consultants 736 - 462 Maintenance and property expenses - 24 275 Communications - - 1 Information technology - - 75 Travel and transport - - 6 Other supplies and consumables - 27 14 Borrowing costs - 97 708 Other expenses - - 12 Total 739 124 1 662
Net result 11 531 11 781 8 625
Expense by output 92.864 Prison Infrastructure Redevelopment 739 71 1 041 92.988 Hobart Supreme Court – Upgrading Holding - 53 - 97.002 Monetary Penalties Enforcement Project - - 621 Total 739 124 1 662
Net Assets Total assets deployed for Infrastructure Investment - - Total liabilities incurred for Infrastructure Investment - - Net assets deployed for Infrastructure Investment - -
Infrastructure Investment includes the Capital Investment Program and the Structural and Performance Initiative Program. Further details of specific projects within these programs are included in Note 12.3 Acquittal of Capital Investment and Special Capital Investment Funds.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 162 Financial Statements
3.2 Reconciliation of Total Output Groups Net Result to Income Statement 2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Total net result of Output Groups 7 312 7 372 8 426
Net surplus (deficit) 7 312 7 372 8 426
3.3 Reconciliation of Total Output Groups Net Assets to Balance Sheet 2009 2008 Actual Actual $'000 $'000 Total net assets deployed for Output Groups 148 931 120 037
Net assets 148 931 120 037
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 163 Financial Statements
3.4 Administered Output Schedule Comparative information has not been restated for external administrative restructures. Budget information refers to original estimates and has not been subject to audit. Output Group 1 – Administration of Justice
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Grants - 610 - Sales of goods and services 1 579 12 17 Fees and fines 25 710 31 310 23 255 Total 27 289 31 932 23 272
Expenses Transfers to the Consolidated Fund 21 289 20 150 13 527 Other expenses - 5 117 3 929 Total 21 289 25 267 5 816
Net result 6 000 6 665 5 816
Expense by output 1.1 Supreme Court Services 606 607 676 1.2 Magisterial Court Services 973 867 1 069 1.3 Enforcement of Monetary Penalties 19 710 23 183 15 711 1.4 Support and Compensation for Victims of Crime and Others - 610 - Total 21 289 25 267 17 456
Net Assets Total assets deployed for Administration of Justice 35 488 28 820 Total liabilities incurred for Administration of Justice (6) (1) Net assets deployed for Administration of Justice 35 482 28 819
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 164 Financial Statements
Output Group 3 – Registration Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Sales of goods and services 1 657 (6) - Other revenue - 1 949 1 873 Total 1 657 1 943 1 873
Expenses Transfers to the Consolidated Fund 1 657 1 937 1 873 Total 1 657 1 937 1 873
Net result - 6 -
Expense by output 3.1 Births, Deaths and Marriages 1 657 1 937 1 873 Total 1 657 1 937 1 873
Net Assets Total assets deployed for Registration Services 7 1 Total liabilities incurred for Registration Services - - Net assets deployed for Registration Services 7 1
Output Group 5 – Electoral Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Other revenue - 37 23 Total - 37 23
Expenses Transfers to the Consolidated Fund - 37 23 Total - 37 23
Net result - - -
Expense by output 5.1 Elections and Referendums - 37 23 Total - 37 23
Net Assets Total assets deployed for Electoral Services - - Total liabilities incurred for Electoral Services - - Net assets deployed for Electoral Services - -
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 165 Financial Statements
Output Group 8 – Consumer Services
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Grants - - 4 107 Sales of goods and services 3 472 35 23 Other revenue - 2 473 2 565 Total 3 472 2 508 6 695
Expenses Transfers to the Consolidated Fund 3 472 2 508 6 695 Total 3 472 2 508 6 695
Net result - - -
Expense by output 8.1 Maintenance of a Fair, Safe and Equitable Market Place 3 472 2 508 6 695 Total 3 472 2 508 6 695
Net Assets Total assets deployed for Consumer Services 23 22 Total liabilities incurred for Consumer Services - - Net assets deployed for Consumer Services 23 22 Output Group 10 – Resource Planning
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Sales of goods and services 40 - - Other revenue - 42 47 Total 40 42 47
Expenses Transfers to the Consolidated Fund 40 42 47 Total 40 42 47
Net result - - -
Expense by output 10.2 Resources Planning and Development Commission 20 19 18 10.3 Resources Management Planning Appeals Tribunal 20 23 29 Total 40 42 47
Net Assets Total assets deployed for Resource Planning - - Total liabilities incurred for Resource Planning - - Net assets deployed for Resource Planning - -
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 166 Financial Statements
Output Group 11 – Workplace Standards
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Sales of goods and services 386 32 29 Fees and fines 324 - - Other revenue - 6 770 6 812 Total 710 6 802 6 841
Expenses Salary and wages - 1 912 1 471 Superannuation - 192 152 Other employee related expenses - 39 37 Grants and transfer payments - 43 23 Consultants - 616 482 Maintenance and property expenses - 3 2 Communications - 60 39 Information technology - 20 54 Travel and transport - 72 70 Advertising and promotion - 178 333 Other supplies and consumables - 399 393 Other expenses - 2 121 2004 Transfers to the Consolidated Fund 710 1 046 1 272 Total 710 6 701 6 332
Net result - 101 509
Expense by output 11.1 Safety Standards and Compliance 710 1 046 1 272 11.2 Employer and Employee Services - 5 655 5 060 Total 710 6 701 6 332
Net Assets Total assets deployed for Workplace Standards 2 223 1 992 Total liabilities incurred for Workplace Standards (547) (419) Net assets deployed for Workplace Standards 1 676 1 573
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 167 Financial Statements
Output Group 91 – Administered Payments
2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Revenue Revenue from appropriation 1 755 - - Other revenue - 497 340 Total 1 755 497 340
Expenses Grants and subsidies 1 755 - - Other expenses - 648 464 Total 1 755 648 464
Net result - (151) (124)
Expense by output 91.740 Residential Tenancies Act - 99 78 91.753 Bail Monies Magistrates Court - 549 386 91.881 Sullivans Cove Waterfront Authority 1 755 - - Total 1 755 648 464
Net Assets Total assets deployed for Administered Payments 157 282 Total liabilities incurred for Administered Payments (28) (1) Net assets deployed for Administered Payments 129 281
3.5 Reconciliation of Total Administered Output Groups Net Result to Administered Schedule of Income and Expenses 2009 2009 2008 Budget Actual Actual $'000 $'000 $'000 Total net result of Output Groups 6 000 6 621 6 201
Net surplus (deficit) 6 000 6 621 6 201
3.6 Reconciliation of Total Administered Output Groups Net Assets to Schedule of Administered Assets and Liabilities 2009 2008 Actual Actual $'000 $'000 Total net assets deployed for Output Groups 37 317 30 696
Net assets 37 317 30 696
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 168 Financial Statements
Note 4 Explanations of Material Variances between Budget and Actual Outcomes
The following are brief explanations of material variances between Budget estimates and actual outcomes. Variances are considered material where the variance exceeds the greater of 10 per cent of Budget estimate and $1 million. 4.1 Income Statement Note Budget Actual Variance Variance $’000 $’000 $’000 % Grants revenue (a) 3 271 610 (2 661) (81) Fees and fines (b) 10 6 330 6 320 >100 Other revenue (c) 2 295 4 987 2 692 >100 Grants and subsidies (d) 6 038 8 691 2 653 44 Supplies and consumables (e) 29 674 26 090 (3 584) (12)
Notes to Income Statement variances
(a) This variance is partly due to changes in COAG arrangements, whereby from 1 January 2009, Grants provided to the Department for the Court Mandated Diversion Program were recorded as administered and are forwarded on to the Consolidated Fund and recouped via recurrent Appropriation. Als o the Budget estimate includes grants revenue for WorkCover Tasmania Board which is an administered activity. The Budget classification for the WorkCover Tasmania Board will be reviewed during 2009-10. (b) The variance is mainly due to revenues received by Workplace Standards for the Building Administration Fund, Building Practitioner Accreditation and Electrical Safety Inspection Service which were not included in the Budget estimates. These revenues have been included as part of the 2009-10 Budget. (c) The increase is mainly due to revenue collected by the Tasmanian Electoral Commission to undertake local government elections, cost recoveries by the RPDC for current planning assessments, and recoveries associated with the Rental Deposit Authority Project. (d) The increase is due to an increase in the grant paid to the Legal Aid Commission of Tasmania. Refer Note 4.1(a) above. (e) The Budget estimate includes expenditure for WorkCover Tasmania Board which is an administered activity. The budget class ification for the WorkCover Tasmania Board will be reviewed during 2009-10.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 169 Financial Statements
4.2 Balance Sheet Note Budget Actual Variance Variance $’000 $’000 $’000 % Cash and deposits (a) 9 060 15 079 6 019 66 Property, plant and equipment (b) 129 624 150 085 20 461 16 Intangibles (c) 2 713 4 278 1 565 58 Employee Benefits (d) 15 790 18 646 2 856 18 Other liabilities (e) 1 013 2 098 1 085 >100 Reserves (b) 19 302 40 824 21 522 >100
Notes to Balance Sheet variances
(a) The increase is due to the ac tual cash balance as at 30 June 2008 being higher than estimated in the 2008-09 Budget and due to additional funds received by Workplace Standards for the Building Administration Fund and Building Practitioner Accreditation, revenue collected by the Tasman ian Electoral Commission to undertake local government elections, cost recoveries by the RPDC for current planning assessments, recoveries associated with the Rental Deposit Authority Project and carry forwards under section 8(A) of the Public Account Act 1986. (b) This variance is due to the revaluation of the Department’s Land and Buildings, which was not budgeted for. The increases in value of the associated assets have been included in the Asset Revaluation Reserve. (c) The increase is mainly due to the development of the Monetary Penalties Enforcement System (FIND) and the Courts Registry Management System (CRMS) and the timing of capitalisation of these costs. (d) This variance is mainly due to the increase in provisions for annual and long service leave for Departmental staff arising from increased salaries due to new industrial agreements. (e) This variance is mainly due to recurrent Appropriation carried forward from 2008-09 to 2009-10.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 170 Financial Statements
4.3 Cash Flow Statement Note Budget Actual Variance Variance $’000 $’000 $’000 % Grants (a) 3 271 610 (2 661) (81) Fees and fines (b) 10 6 330 6 320 >100 GST receipts (c) 5 700 4 376 (1 324) (23) Other cash receipts (d) 2 295 4 046 1 751 76 GST payments (c) 5 700 4 337 (1 363) (24) Supplies and consumables (e) 29 374 26 708 2 666 (9) Grants and transfer payments (f) 6 038 8 687 2 649 44
Notes to Cash Flow Statement variances
(a) This variance is partly due to changes in COAG arrangements, whereby from 1 January 2009, Grants provided to the Department for the Court Mandated Diversion Program are now recorded as administered and are forwarded on to the Consolidated Fund and recouped via Recurrent Appropriation. Also the Budget estimate includes grants revenue for WorkCover Tasmania Board whic h is an administered activity. The Budget classification for the WorkCover Tasmania Board will be reviewed during 2009-10. (b) The variance is mainly due to revenues received by Workplace Standards for the Building Administration Fund, Building Practitio ner Accreditation and Electrical Safety Inspection Service which were not included in the Budget estimates. These revenues have been included as part of the 2009-10 Budget. (c) The Department did not receive or pay as much GST as was budgeted for. (d) Increase is mainly due to revenue collected by the Tasmanian Electoral Commission to undertake local government elections, cost recoveries by the RPDC for current planning assessments, and recoveries associated with the Rental Deposit Authority Project. (e) The Budget estimate includes expenditure for WorkCover Tasmania Board which is an administered activity. The budget classification for the WorkCover Tasmania Board will be reviewed during 2009-10. (f) The increase is due to an increase in the grant p aid to the Legal Aid Commission of Tasmania. Refer Note 4.3(a) above.
Note 5 Events Occurring After Balance Date
There have been no events subsequent to balance date which would have a material effect on the Department’s financial statements as at 30 June 2009.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 171 Financial Statements
Note 6 Income
6.1 Revenue from Government Revenue from Government includes revenue from appropriations and Items Reserved by Law. The Budget information is based on original estimates and has not been subject to audit. 2009 2009 2008 Budget Actual Actual $’000 $’000 $’000
Appropriation revenue - recurrent Current year 109 072 110 403 103 999 Reserved By Law R008 Salary, Solicitor-General 410 375 610 R009 Salary, Director of Public Prosecutions 415 407 405 R010 Salaries of Magistrates 4 115 3 873 3 607 R011 Salaries of Judges 2 655 2 398 2 210 R012 Salary and Travelling Allowance of Master of the 348 340 310 Supreme Court R051 Expenses of Parliamentary Elections and Referendums 923 951 757 R072 Criminal Injuries Compensation Fund 2 500 - 830 R075 Expenses under the Legislative Council Elections 10 15 142 R077 Expenses of the Aboriginal Land Council of Tasmania 25 22 71 Total 120 473 118 784 112 941
Appropriation revenue – works and services 12 270 11 905 9 242
Total revenue from Government 132 743 130 689 122 183
6.2 Revenue from Special Capital Investment Funds Funding for major infrastructure projects is provided through Special Capital Investment Funds. The Department is allocated funding for specific projects from the Special Capital Investment Funds as part of the Budget process. 2009 2008 Actual Actual $’000 $’000
Economic and Social Infrastructure Fund - 1 045 Total - 1 045
Details of total Special Capital Investment Funds revenues and expenses are provided as part of Note 3 Departmental Output Schedules. Details of total cash flows for each project are at Note 12.3.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 172 Financial Statements
6.3 Grants 2009 2008 $’000 $’000 Grants from the Australian Government Specific grants 610 1 195 Total 610 1 195
Other grants Non-government - 5 Total - 5
Total 610 1 200
Grants received from the Australian Government are provided for the Court Mandated Diversion Program. 6.4 Sales of goods and services 2009 2008 $’000 $’000
Hayes Gaol Farm – produce sales 1 471 1 263 Legal Practice – commercial and civil fees 2 665 2 705 Births, Deaths and Marriages – provision of statistical data 254 489 Risdon Prison – Industry Sales 1 702 1 642 Magistrates and Supreme Court charges 197 293 Other sales of goods and services 35 29 Total 6 324 6 421
6.5 Fees and fines 2009 2008 $’000 $’000
Building permit levy 1 129 1 224 Security agents fees 295 236 Probate fees 479 454 Civil registry fees 200 252 Mediation fees 48 52 Building practitioners accreditation 778 686 Workplace standards 2 984 1 310 Other fees 417 232 Total 6 330 4 446
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 173 Financial Statements
6.6 Other revenue 2009 2008 $’000 $’000
Property rental 51 53 Cash received on behalf of third parties 737 303 Trainee funding 89 70 Magistrates and Supreme Court fees 334 164 Legislation Development and Review 7 42 Electoral Office 242 1 453 Corrective Services 780 785 Consumer Affairs 1 060 513 Workers Rehabilitation Tribunal 1 093 1 081 Resource Planning and Development Commission recoveries 41 526 Other revenue 553 437 Total 4 987 5 427
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 174 Financial Statements
Note 7 Expenses
7.1 Employee benefits 2009 2008 $’000 $’000
Wages and salaries 74 490 68 543 Superannuation – defined contribution scheme 4 561 3 865 Superannuation – defined benefit scheme 2 837 3 037 Other employee expenses 1 292 1 392 Total 83 180 76 837
Superannuation expenses relating to defined benefits schemes relate to payments into the Superannuation Provision Account held centrally and recognised within the Finance-General Division of the Department of Treasury and Finance. The amount of the payment is based on an employer contribution rate determined by the Treasurer, on the advice of the State Actuary. The current employer contribution is 11 per cent of salary. Superannuation expenses relating to the defined contribution scheme are paid directly to the superannuation fund at a rate of nine per cent of salary. In addition, departments are also required to pay into the SPA a “gap” payment equivalent to two per cent of salary in respect of employees who are members of the contribution scheme.
7.2 Depreciation and amortisation
(a) Depreciation 2009 2008 $’000 $’000
Plant, equipment and vehicles 305 353 Buildings 946 946 Prison buildings and structures 2 778 2 769 Building improvements 60 62 Library 51 51 Total 4 140 4 181
(b) Amortisation 2009 2008 $’000 $’000
Intangibles 310 122 Total 310 122 Total depreciation and amortisation 4 450 4 303
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 175 Financial Statements
7.3 Loss on sale of non-financial assets 2009 2008 $’000 $’000 Equipment Proceeds from sale (1) - Written down value of disposed assets 6 - Loss on sale 5 -
7.4 Supplies and consumables 2009 2008 $’000 $’000
Information technology 1 526 1 043 Consultants 1 734 2 204 Personnel expenses 436 441 Juror, witness and Court expenses 1 357 1 075 Electoral expenses 576 1 164 Plant and equipment 1 187 1 442 Travel and transport 1 912 1 923 Property expenses 5 988 5 428 Maintenance 2 014 2 579 Prison expenses 4 985 4 922 Advertising and promotion 192 221 Office requisites 508 535 Printing 397 298 Library 791 684 Communications 2 428 2 344 Other supplies and consumables 59 37 Total 26 090 26 340
7.5 Grants and subsidies 2009 2008 $’000 $’000
Legal Aid Commission of Tasmania 7 134 5 105 Other grants and subsidies 1 557 886 Total 8 691 5 991
The grant provided to the Legal Aid Commission of Tasmania assists in the running of the services provided to persons who would be considered disadvantaged if they were not granted legal representation. Other grants relate to grants to Local Government associated with the Regional Planning Initiative and a number of minor grants made by the Department.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 176 Financial Statements
7.6 Borrowing costs 2009 2008 $’000 $’000 Interest expense Interest bearing loan 97 720 Total 97 720
7.7 Write down of assets 2009 2008 $’000 $’000 Non-financial assets Other non-financial assets - 3 Total - 3
Write down of assets excludes written down value on disposal of assets. 7.8 Impairment losses 2009 2008 $’000 $’000 Financial assets – impairment losses Receivables (bad and doubtful debts) 131 155 Total 131 155
Non-financial assets – impairment losses Property, plant, and equipment - 332 Total - 332
Total 131 487
Descriptions of any circumstances of any material impairment losses or reversals are at Note 8.1.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 177 Financial Statements
7.9 Other expenses 2009 2008 $’000 $’000
Audit fees – financial audit 73 80 Operating lease costs 6 643 6 183 Legal costs 453 469 Costs awarded 2 684 2 920 Bank fees 120 81 Service Tasmania fees 206 225 Salary on-costs 5 592 5 203 RPDC Panel sitting fees 119 225 Other expenditure 3 038 2 237 Total 18 928 17 623
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 178 Financial Statements
Note 8 Assets
8.1 Receivables 2009 2008 $’000 $’000 Receivables 3 571 2 646 Less: Provision for impairment (511) (379) Total 3 060 2 267
Sales of goods and services (inclusive of GST) 2 641 1 716 Tax assets 419 551 Total 3 060 2 267
Settled within 12 months 3 060 2 267 Total 3 060 2 267
Reconciliation of movement in provision for impairment of receivables 2009 2008 $’000 $’000
Carrying amount at 1 July 379 234
Amounts written off during the year - (10) Increase/(decrease) in provision recognised in profit or loss 131 155 Carrying amount at 30 June 511 379
8.2 Inventories 2009 2008 $’000 $’000 Stock on hand 461 436 Total 461 436
Settled within 12 months 461 436 Total 461 436
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 179 Financial Statements
8.3 Property, plant and equipment
(a) Carrying amount 2009 2008 $’000 $’000 Land At fair value (Land revalued on 30 June 2009) 19 485 8 085 Total 19 485 8 085
Buildings At fair value (Buildings revalued on 30 June 2009) 51 329 47 139 Less: Accumulated depreciation - (1 886) Total 51 329 45 253
Prison buildings and structures At fair value (Prison buildings and structures revalued on 30 June 2009) 74 158 80 350 Less: Accumulated depreciation - (7 173) 74 158 73 196 Work in progress (at cost) - 18 Total 74 158 73 214
Building improvements Fair value 906 906 Less: Accumulated amortisation (268) (208) Total 638 698
Library Assets At cost 1 016 1 016 Less: Accumulated amortisation (571) (520) Total 445 496
Plant, equipment and vehicles At cost 4 984 5 084 Less: Accumulated depreciation (1 440) (1 135) Less: Provision for impairment - (332) 3 544 3 617 Work in progress (at cost) 99 - Total 3 643 3 617
Livestock Fair value 387 374 Total 387 374
Total property, plant and equipment 150 085 131 737
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 180 Financial Statements
The Department’s land and buildings were revalued as at 30 June 2009 by independent valuers Brothers and Newton Pty Ltd. The revaluation was undertaken in accordance with relevant Valuation and Accounting Standards and is based on fair value. Where possible, assets have been valued on the basis of market value with reference to observable prices in an active market, using traditional methods such as sales comparison. However, due to the nature of some of the Department’s assets, including prisons and court buildings, they are unlikely to transact in the market for their existing use. Accordingly these assets have been valued on a depreciated replacement cost basis. These valuations take in to account market prices for construction costs, the economic life of the buildings, the condition of the buildings and any design aspects which would alter their value.
(b) Reconciliation of movements Reconciliations of the carrying amounts of each class of Property, plant and equipment at the beginning and end of the current and previous financial year are set out below. Carrying value means the net amount after deducting accumulated depreciation and accumulated impairment losses.
Prison buildings Building Plant and improve- Library equipment 2009 Land Buildings structures ments assets and vehicles Livestock Total $’000 $’000 $’000 $’000 $’000 $’000 $’000 $’000
Carrying value 8 085 45 253 73 214 698 496 3 617 374 131 737 at 1 July
Additions - 466 156 - - 238 13 873 Disposals - - - - - (6) - (6) Revalu ation increments (decrements) 11 400 6 556 3 566 - - - - 21 522 Work in progress - - at cost - - - 99 - 99 Depreciation and amortisation - (946) (2 778) (60) (51) (305) - (4 140)
Carrying value at 30 June 19 485 51 329 74 158 638 445 3 643 387 150 085
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 181 Financial Statements
As part of the revaluation of the Department’s land and buildings, the Department also reclassified several assets from Building improvements to Buildings and Plant, equipment and vehicles to Prison buildings to ensure they are correctly recorded and reported. In line with the relevant Australian Accounting Standards and the Department’s own accounting policy (see Note 2.15) the comparative figures have also been adjusted for this reclassification.
Prison building s Building Plant and improve- Library equipment 2008 Land Buildings structures ments assets and vehicles Livestock Total $’000 $’000 $’000 $’000 $’000 $’000 $’000 $’000
Carrying value 8 085 46 201 75 645 761 547 3 929 295 135 463 at 1 July
Additions - - 320 - - 373 79 772 Impairment losses - - - - - (332) - (332) Work in progress 18 - at cost - - - - - 18 Write-down - (2) - (1) - - - (3) Depreciation and amortisation - (946) (2 769) (62) (51) (353) - (4 181)
Carrying value at 30 June 8 085 45 253 73 214 698 496 3 617 374 131 737
8.4 Intangibles
(a) Carrying amount 2009 2008 $’000 $’000 Intangibles with a finite useful life At cost 4 709 2 109 Work in progress - 1 731 Less: Accumulated amortisation (431) (122) Total 4 278 3 718
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 182 Financial Statements
(b) Reconciliation of movements
2009 2008 $’000 $’000
Carrying amount at 1 July 3 718 2 576
Additions 2 601 2 109 Work in progress additions – MPEP Software 741 1 109 Work in progress additions – CRMS Software 129 155 Work in progress capitalised – MPEP Software (2 051) (2 109) Work in progress capitalised – CRMS Software (550) - Amortisation expense (310) (122)
Carrying amount at 30 June 4 278 3 718
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 183 Financial Statements
Note 9 Liabilities
9.1 Payables 2009 2008 $’000 $’000
Trade payables 3 288 4 192 Total 3 288 4 192
Settled within 12 months 3 288 4 192 Total 3 288 4 192
The Department’s terms of trade are 30 days. 9.2 Interest bearing liabilities
(a) Carrying amount
2009 2008 $’000 $’000
ANZ Loan – Prison Redevelopment - 11 311 Total - 11 311
In 2005-06 a loan facility was established between the Managing Contractor of the prison infrastructure redevelopment, the ANZ Bank and the Department. The final instalment was paid in July 2008. This repayment was funded out of State Government capital appropriations. For the year ended 30 June 2009, principal repayments totalling $11.278 million have been recognised in the Cash Flow Statement in respect to this arrangement. The difference between the Interest bearing liability of $11.311 million and the cash repayment of $11.278 million relates to interest accrued on the liability up until the liability was settled in July 2008, the payment of which was recognised in the Cash Flow Statement under interest payments.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 184 Financial Statements
9.3 Employee benefits 2009 2008 $’000 $’000
Accrued salaries 1 214 878 Annual leave 6 933 6 011 Long service leave 10 499 8 961 Total 18 646 15 850
Settled within 12 months 6 361 5 512 Settled in more than 12 months 12 285 10 338 Total 18 646 15 850
9.4 Other liabilities 2009 2008 $’000 $’000 Revenue received in advance Appropriation carried forward from current and previous years under section 8A of the Public Account Act 1986 966 -
Other liabilities Employee benefits – on-costs 1 132 961 Total 2 098 961
Settled within 12 months 1 349 330 Settled in more than 12 months 749 631 Total 2 098 961
Section 8A(2) of the Public Account Act allows for an unexpended balance of an appropriation to be transferred to an Account in the Special Deposits and Trust Fund for such purposes and conditions as approved by the Treasurer. In the initial year, the carry forward is recognised as a liability, Revenue Received in Advance. The carry forward from the initial year is recognised as revenue in the reporting year, assuming that the conditions of the carry forward are met and the funds are expended.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 185 Financial Statements
Note 10 Commitments and Contingencies
10.1 Schedule of Commitments 2009 2008 $’000 $’000 By type Capital commitments MPEP Software project - 782 CRMS Software project - 133 Total capital commitments - 915
Lease Commitments Operating leases 25 697 26 794 Total lease commitments 25 697 26 794
Other commitments Prison Maintenance 29 051 31 076 Total other commitments 29 051 31 076
By maturity Capital commitments One year or less - 915 Total capital commitments - 915
Operating lease commitments One year or less 6 243 5 662 From one to five years 16 097 15 858 More than five years 3 357 5 274 Total operating lease commitments 25 697 26 794
Other commitments One year or less 1 675 1 563 From one to five years 7 858 7 390 More than five years 19 518 22 123 Total other commitments 29 051 31 076 Total 54 748 58 785
The operating lease commitments include buildings, motor vehicles and information technology equipment leases. All amounts shown are inclusive of GST.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 186 Financial Statements
10.2 Contingent Assets and Liabilities Contingent assets and liabilities are not recognised in the Balance Sheet due to uncertainty regarding the amount or timing of the underlying claim or obligation.
(a) Quantifiable contingencies A quantifiable contingent asset is a possible asset that arises from past events and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events not wholly within the control of the entity. A quantifiable contingent liability is a possible obligation that arises from past events and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events not wholly within the control of the entity; or a present obligation that arises from past events but is not recognised because it is not probable that an outflow of resources embodying economic benefits will be required to settle the obligation.
2009 2008 $’000 $’000 Quantifiable contingent liabilities Contingent claims Contingent legal claims 280 433 Total quantifiable contingent liabilities 280 433
At 30 June 2009 the Department had a number of legal claims against it in dispute.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 187 Financial Statements
Note11 Equity and Movements in Equity
11.1 Reconciliation of equity Asset Accumulated Revaluation Funds Reserve Total Equity 2009 2008 2009 2008 2009 2008 $’000 $’000 $’000 $’000 $’000 $’000
Balance at 1 July 100 735 92 524 19 302 19 302 120 037 111 826
Net surplus/deficit 7 372 8 426 - - 7 372 8 426 Administrative Restructuring (see note 11.3) - (209) - - - (209) Other adjustments - (6) - - - (6) Revaluation Increments Land - - 11 400 - 11 400 - Buildings - - 6 556 - 6 556 - Prison Buildings and structures - - 3 566 - 3 566 -
Balance at 30 June 108 107 100 735 40 824 19 302 148 931 120 037
Note that accumulated funds include both contributed capital on formation of the Department and accumulated surpluses or deficits in subsequent years. Other adjustments reflect adjustments to GST on transfer of the net assets transferred to the Office of the Ombudsman.
(a) Nature and purpose of reserves
Asset Revaluation Reserve The Asset Revaluation Reserve is used to record increments and decrements on the revaluation of Non-financial assets, as described in Note 2.11(d).
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 188 Financial Statements
11.2 Asset revaluation reserve by class of asset The balance within the Asset Revaluation Reserve for the following classes of assets is: 2009 2008 $’000 $’000
Buildings 23 177 16 621 Prison Buildings 3 566 - Land 14 081 2 681 Total asset revaluation reserve 40 824 19 302
11.3 Administrative Restructuring As a result of a restructuring of administrative arrangements, the Department relinquished its responsibility for activities for the Office of the Ombudsman on 1 July 2007. In respect of activities relinquished, the Department transferred the following assets and liabilities to the Office of the Ombudsman:
2009 2008 $’000 $’000 Net assets relinquished on restructure Cash - 315 Debtors - 106 Total assets relinquished - 421
Payables - 10 Employee entitlements - 190 Other liabilities - 12 Total liabilities relinquished - 212 Net assets (liabilities) relinquished on restructure - 209
Net contribution by Government as owner during the period - 209
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 189 Financial Statements
Note 12 Cash Flow Reconciliation
12.1 Cash and deposits Cash and deposits includes the balance of the Special Deposits and Trust Fund Accounts held by the Department, and other cash held, excluding those accounts which are administered or held in a trustee capacity or agency arrangement. 2009 2008 $’000 $’000 Special Deposits and Trust Fund balance T516 Operating Account 13 731 12 590 T658 Local Government 254 363 T764 Confiscation of Profits 925 864 T766 Criminal Injuries Compensation 169 376 Total 15 079 14 193
Total cash and deposits 15 079 14 193
The definition of cash can be found at Note 2.11(a). Cash and Cash Equivalents includes the balance of the Special Deposits and Trust Fund held by the Department, and other cash held, excluding those accounts which are administered or held in a trustee capacity or agency arrangement.
12.2 Reconciliation of Operating Surplus (Deficit) to Net Cash from Operating Activities 2009 2008 $’000 $’000
Net operating surplus (deficit) 7 372 8 426 Depreciation and amortisation 4 450 4 303 (Gain) loss from sale of non-financial assets 5 - Write-down of assets - 3 Impairment losses 131 487 Borrowing costs 97 720 Decrease (increase) in Receivables (1 050) 971 Decrease (increase) in Inventories (25) (3) Increase (decrease) in Employee entitlements 2 796 970 Increase (decrease) in Payables (904) 1 002 Increase (decrease) in Other liabilities 1 137 (44) Net cash from (used by) operating activities 14 009 16 835
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 190 Financial Statements
12.3 Acquittal of Capital Investment and Special Capital Investment Funds
The Department received Works and Services Appropriation funding and revenues from Special Capital Investment Funds to fund specific projects.
Cash outflows relating to these projects are listed below by category.
Budget information refers to original estimates and has not been subject to audit. (a) Project expenditure 2009 2009 2008 Budget Actual Actual $'000 $'000 $'000
Capital Investment Program Hobart Supreme Court – Upgrading Holding Cells 874 497 - Prison Infrastructure Redevelopment Program 11 396 11 408 9 242 Total 12 270 11 905 9 242
Special Capital Investment Funds Economic and Social Infrastructure Fund Monetary Penalties Enforcement Project - - 1 138 Total - - 1 138
(b) Classification of cash flows
The project expenditure above is reflected in the Cash Flow Statement as follows. 2009 2008 $'000 $'000 Cash outflows Salaries and wages - 91 Superannuation - 10 Other employee related expenses - 8 Consultants - 473 Maintenance and property services 4 453 Communications - 1 Information technology - 141 Travel and transport - 7 Other supplies and consumables 26 14 Payments for repayment of borrowings 11 408 8 741 Payments for acquisition of assets 465 438 Other cash payments 2 3 Total cash outflows 11 905 10 380
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 191 Financial Statements
12.4 Financing Facilities The Department had $580,774 un-drawn on the Tasmanian Government Card credit card facilities as at 30 June 2009 ($544,649 as at 30 June 2008). The ANZ loan facility concluded during 2008-09, but the Department had $71,806 un-drawn as at 30 June 2008. 2009 2008 $'000 $'000 Tasmanian Government Card Amount used 55 79 Amount unused 581 545 Total 636 624
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 192 Financial Statements
Note 13 Financial Instruments
13.1 Risk exposures
(a) Risk management policies The Department has exposure to the following risks from its use of financial instruments: • credit risk; • liquidity risk; and • market risk. The Head of Agency has overall responsibility for the establishment and oversight of the Department’s risk management framework. Risk management policies are established to identify and analyse risks faced by the Department, to set appropriate risk limits and controls, and to monitor risks and adherence to limits.
(b) Credit risk exposures Credit risk is the risk of financial loss to the Department if a customer or counterparty to a financial instrument fails to meet its contractual obligations.
Financial Accounting and strategic policies Nature of underlying instrument Instrument (including recognition criteria and (including significant terms and measurement basis ) conditions affecting the amount. Timing and certainty of cash flows)
Financial Assets
Receivables Receivables are recognised at amortised It is Departmental policy to issue invoices cost, less any impairment losses, however, with 30 day terms of trade. due to the short settlement period, receivables are not discounted back to their present value.
Cash and deposits Deposits are recognised at amortised Cash means notes, coins, any deposits cost, being their face value. held at call with a bank or financial institution, as well as funds held in the Special Deposits and Trust Fund.
The Department does not have any concentration of credit risk. The Department monitors receivables on a monthly basis and follow up procedures are undertaken for all debts that are overdue. Action taken is dependent on the length of time the debt is overdue. The carrying amount of financial assets recorded in the Financial Statements, net of any allowances for losses, represents the Departments maximum exposure to credit risk. The Department does not hold any collateral or other security over its receivables. The following tables analyse financial assets that are past due but not impaired:
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 193 Financial Statements
Analysis of financial assets that are past due at 30 June 2009 but not impaired Past due 30 Past due 60 Past due 90 Total days days days
$’000 $’000 $’000 $’000 Receivables 135 137 914 1 186
Analysis of financial assets that are past due at 30 June 2008 but not impaired Past due 30 Past due 60 Past due 90 Total days days days
$’000 $’000 $’000 $’000 Receivables 153 107 278 538
(c) Liquidity risk Liquidity risk is the risk that the Department will not be able to meet its financial obligations as they fall due. The Department’s approach to managing liquidity is to ensure that it will always have sufficient liquidity to meet its liabilities when they fall due.
Financial Accounting and strategic policies Nature of underlying instrument Instrument (including recognition criteria and (including significant terms and measurement basis ) conditions affecting the amount. Timing and certainty of cash flows)
Financial Liabilities
Payables Payables are recognised at amortised Payables, including goods received and cost, which due to the short settlement services incurred but not yet invoiced period, equates to face value, when the arise when the Department becomes Department becomes obliged to make obliged to make future payments as a future payments as a result of a purchase result of a purchase of assets or services. of assets or services. The Department’s terms of trade are 30 days.
Monitoring of revenue and expenditure forecasts and current cash balances is undertaken by the Department on a monthly basis. The following tables detail the undiscounted cash flows payable by the Department by remaining contractual maturity for its financial liabilities. It should be noted that as these are undiscounted, totals may not reconcile to the carrying amounts presented in the Balance Sheet:
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 194 Financial Statements
2009 Maturity analysis for financial liabilities 1 Y ear Undiscounted Total Carrying Amount Financial liabilities Payables 3 288 3 288 3 288 Borrowings - - - Total 3 288 3 288 3 288
2008 Maturity analysis for financial liabilities 1 Year Undiscounted Total Carrying Amount Financial liabilities Payables 4 192 4 192 4 192 Borrowings 11 311 11 311 11 311 Total 15 503 15 503 15 503
(d) Market risk Market risk is the risk that the fair value of future cash flows of a financial instrument will fluctuate because of changes in market prices. The primary market risk that the Department is exposed to is interest rate risk. Market risk is assessed periodically through monitoring of National monetary policy. As at 30 June 2009 all the Department’s financial assets and liabilities are non-interest bearing. At the reporting date, the interest rate profile of the Department’s interest bearing financial instruments was: 2009 2008 $'000 $'000 Variable rate instruments Financial liabilities - 11 311 Total - 11 311
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 195 Financial Statements
Changes in variable rates of 100 basis points at reporting date would have the following effect on the Department’s profit or loss and equity: Sensitivity Analysis of Department’s Exposure to Possible Changes in Interest Rates
Income Statement Equity
100 basis 100 basis 100 basis 100 basis points points points points increase decrease increase decrease
30 June 2009
ANZ Loan – Prison Redevelopment - - - -
Net sensitivity - - - -
30 June 2008
ANZ Loan – Prison Redevelopment (5) 5 - -
Net sensitivity (5) 5 - -
This analysis assumes all other variables remain constant. The analysis was performed on the same basis for 2008. As the final payment for the ANZ Loan was paid in July 2008, as at 30 June 2009 the Department no longer holds any interest-bearing assets or liabilities. 13.2 Categories of Financial Assets and Liabilities 2009 2008 $'000 $'000 Financial assets Cash and cash equivalents 15 079 14 193 Loans and receivables 3 060 2 267 Total 18 139 16 460
Financial Liabilities Financial liabilities measured at amortised cost 3 288 15 503 Total 3 288 15 503
13.3 Reclassifications of Financial Assets The Department has not reclassified any financial assets during the 2008-09 financial year.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 196 Financial Statements
13.4 Net Fair Values of Financial Assets and Liabilities 2009 2008 Total Net Total Net Carrying Fair Carrying Fair Amount Value Amount Value $’000 $’000 $’000 $’000 Financial assets Cash and cash equivalents 15 079 15 079 14 193 14 193 Receivables 3 060 3 060 2 267 2 267 Total financial assets 18 139 18 139 16 460 16 460
Financial liabilities Trade creditors 3 288 3 288 4 192 4 192 Other financial liabilities Borrowings - - 11 311 11 311 Total financial liabilities 3 288 3 288 15 503 15 503
The net fair values of Cash and cash equivalents, Receivables (net of impairment) and Trade creditors approximate their carrying amounts as this is amount the Department expects to be able to settle on these items. The net fair value of Borrowings was based on the principal amount owing adjusted for any accrued interest accrued as at 30 June 2008 which approximates the amount that would be settled if paid out at 30 June 2008.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 197 Financial Statements
Note 14 Notes to Administered Statements
14.1 Explanations of Material Variances between Budget and Actual Outcomes The following are brief explanations of material variances between budget estimates and actual outcomes. Variances are considered material where the variance exceeds the greater of 10 per cent of budget estimate and $1 million.
(a) Schedule of Administered Income and Expenses Note Budget Actual Variance Variance $’000 $’000 $’000 % Appropriation revenue – recurrent (a) 1 755 - (1 755) (100) Sales of goods and services (b) 7 134 74 (7 060) (99) Fees and fines (b) (c) 26 034 36 870 10 836 42 Other revenue (b) (d) - 6 134 6 134 - Employee benefits (d) - 2 143 2 143 - Supplies and consumables (d) - 1 350 1 350 - Grants and subsidies (a) 1 755 43 (1 712) (98) Impairment losses (e) - 3 066 3 066 - Other expenses (d) - 4 816 4 816 -
Notes to Schedule of Administered Income and Expenses variances
(a) The Budget estimate reflects the Appropriation received by the Department used to pay the Grant to the Sullivans Cove Waterfront Authority transferred from t he Department of Infrastructure, Energy and Resources (DIER) during 2008-09. This grant had been paid by DIER (and the Appropriation received) during July 2008 prior to the transfer.
(b) The Budget estimate classifications are not consistent with actual revenue classifications. Budget classifications are currently under review.
(c) During 2008-09 more revenue from Fees and fines was raised than was budgeted for.
(d) Budget estimates for WorkCover Tasmania Board have been included in controlled activiti es. The budget classification for the WorkCover Tasmania Board will be reviewed during 2009-10.
(e) During 2007-08 fines receivables were assessed for recoverability. This assessment resulted in an additional $3.066 million being considered impaired and is proportional to the growth in fines receivable.
(b) Schedule of Administered Assets and Liabilities The Department does not have any material variations in Administered assets or liabilities.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 198 Financial Statements
(c) Schedule of Administered Cash Flows Note Budget Actual Variance Variance $’000 $’000 $’000 % Appropriation revenue – recurrent (a) 1 755 - (1 755) (100) Sales of goods and services (b) 7 134 73 (7 061) (99) Fees and fines (b) 20 034 26 777 6 743 34 Other cash receipts (b) - 6 154 6 154 - Employee benefits (c) - 2 040 2 040 - Grants and transfer payments (a) 1 755 43 (1 712) (98) Supplies and consumables (c) - 1 337 1 337 - Other cash payments (c) - 4 773 4 773 -
Notes to Schedule of Administered Cash Flow variances
(a) The Budget estimate reflects the Appropriation received by the Department used to pay the Grant to the Sullivans Cove Waterfront Authority transferred from the Department of Infrastructure, Energy and Resources (DIER) during 2008-09. This grant was by DIER (and the Appropriation received) prior to the transfer.
(b) The Budget estimate classifications are not consistent with actual revenue classifications. Budget classifications are currently under review.
(c) Budget estimates for WorkCover Tasmania Board have been include d in controlled activities. The budget will be reallocated from controlled activities during the preparation of the 2009-10 Budget.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 199 Financial Statements
14.2 Administered revenue from Government Administered revenue from Government includes revenue from appropriations. The Budget information is based on original estimates and has not been subject to audit. 2009 2009 2008 Budget Actual Actual $’000 $’000 $’000
Appropriation revenue - recurrent Current year 1 755 - - Total 1 755 - -
Total revenue from Government 1 755 - -
14.3 Administered Grants 2009 2008 $’000 $’000 Grants from the Australian Government Business Affairs - 4 107 Court Mandated Diversion Program 610 - Total 610 4 107
Grants received relate to revenue from company registers foregone by the Tasmanian Government following the formation of the Australian Securities and Investment Commission. Due to changes in COAG arrangements, from 1 January 2009 Grants provided to the Department for the Court Mandated Diversion Program was recorded as an administered item and forwarded on to the Consolidated Fund and recouped via recurrent Appropriation. 14.4 Administered Sales of goods and services
2009 2008 $’000 $’000
Sale of publications and transcripts 12 21 Other sales of goods and services 62 48 Total 74 69
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 200 Financial Statements
14.5 Administered Fees and fines 2009 2008 $’000 $’000
Fines – infringements 29 331 21 589 Business names 1 471 1 451 Chattel mortgages 755 876 Workplace Standards 1 049 1 274 Other fees and fines 4 264 3 647 Total 36 870 28 837
14.6 Administered Gain on sale of non-financial assets
2009 2008 $’000 $’000
Proceeds from sale - 1 Gain on sale - 1
14.7 Administered Other revenue
2009 2008 $’000 $’000
WorkCover contributions 5 557 5 379 Cash received on behalf of third parties 575 548 Other revenue 2 68 Total 6 134 5 995
14.8 Administered Employee benefits 2009 2008 $’000 $’000
Wages and salaries 1 913 1 471 Superannuation – defined contribution scheme 118 83 Superannuation – defined benefit scheme 73 69 Other employee expenses 39 37 Total 2 143 1 660
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 201 Financial Statements
Superannuation expenses relating to defined benefits schemes relate to payments into the Superannuation Provision Account held centrally and recognised within the Finance-General Division of the Department of Treasury and Finance. The amount of the payment is based on an employer contribution rate determined by the Treasurer, on the advice of the State Actuary. The current employer contribution is 11 per cent of salary. Superannuation expenses relating to the defined contribution scheme are paid directly to the superannuation fund at a rate of nine per cent of salary. In addition, departments are also required to pay into the SPA a “gap” payment equivalent to two per cent of salary in respect of employees who are members of the contribution scheme. 14.9 Loss on sale of administered non-financial assets 2009 2008 $’000 $’000 Equipment Proceeds from sale - - Written down value of disposed assets 2 - Loss on sale 2 -
14.10 Administered Supplies and consumables 2009 2008 $’000 $’000
Information technology 20 54 Plant and equipment 52 21 Communications 60 39 Library 154 232 Consultants 616 482 Travel and transport 73 71 Property expenses 4 1 Advertising and promotion 178 333 Office requisites 10 11 Printing 53 22 Personnel Expenses 130 107 Total 1 350 1 373
14.11 Administered Grants and subsidies 2009 2008 $’000 $’000
Grants 43 23 Total 43 23
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 202 Financial Statements
14.12 Administered Impairment losses
2009 2008 $’000 $’000 Financial assets – impairment losses Receivables (bad and doubtful debts) 3 066 2 465 Total 3 066 2 465
Details of the circumstances giving rise to the impairment loss are at Notes 14.14.
14.13 Administered Other expenses 2009 2008 $’000 $’000
Operating lease costs 39 33 Legal costs 3 4 Audit fees – external audit 3 - Salary on-costs 139 101 Panel sitting fees 111 92 Disbursements on behalf of third parties 1 901 1 824 Fines remittances to other organisations 1 970 1 278 Other expenditure 650 603 Total 4 816 3 935
14.14 Administered Receivables 2009 2008 $’000 $’000
Fines collection receivables 65 852 55 515 Other receivables 168 135 Less: Provision for impairment (29 126) (26 060) Less: Provision for expected remissions (2 083) (1 787) Total 34 811 27 803
Fines collection receivables 34 652 27 677 Other receivables 159 126 Total 34 811 27 803
Settled within 12 months 23 743 14 285 Settled in more than 12 months 11 068 13 518 Total 34 811 27 803
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 203 Financial Statements
During 2008-09, impairment on fines collection receivables was reassessed. This reassessment resulted in an additional impairment loss of $3.07 million and an increase in expected fines remittances of $296,000. Fines collection receivables to be settled within 12 months has been based on the average of fines collected over the last two financial years. Reconciliation of movement in provision for impairment and 2009 2008 provision for expected remissions of administered receivables $’000 $’000
Carrying amount at 1 July 27 847 24 834
Increase/(decrease) in provision recognised in profit or loss 3 362 3 013 Carrying amount at 30 June 31 209 27 847
14.15 Administered Property, plant and equipment
(a) Carrying amount 2009 2008 $’000 $’000 Plant, equipment and vehicles At cost 3 3 Less: Accumulated depreciation (3) (3) Total property, plant and equipment - -
14.16 Administered Payables 2009 2008 $’000 $’000
Trade payables 116 65 Total 116 65
Settled within 12 months 116 65 Total 116 65
The Department’s terms of trade are 30 days.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 204 Financial Statements
14.17 Administered Employee benefits 2009 2008 $’000 $’000
Accrued salaries 32 19 Annual leave 139 116 Long service leave 267 201 Total 438 336
Settled within 12 months 169 135 Settled in more than 12 months 269 201 Total 438 336
14.18 Administered Other liabilities 2009 2008 $’000 $’000 Other liabilities Employee benefits – on-costs 27 19 Total 27 19
Settled within 12 months 11 8 Settled in more than 12 months 16 11 Total 27 19
14.19 Schedule of Administered Commitments 2009 2008 $’000 $’000 By type Lease Commitments Operating leases 43 37 Total lease commitments 43 37 Total 43 37
By maturity Operating lease commitments One year or less 33 27 From one to five years 10 10 Total operating lease commitments 43 37 Total 43 37
The operating lease commitment is for motor vehicle leases.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 205 Financial Statements
14.20 Reconciliation of Administered equity Accumulated Total Equity Funds 2009 2008 2009 2008 $’000 $’000 $’000 $’000
Balance at 1 July 30 696 24 495 30 696 24 495
Net surplus/deficit 6 621 6 201 6 621 6 201
Balance at 30 June 37 317 30 696 37 317 30 696
Note that accumulated funds include both contributed capital on formation of the Department and accumulated surpluses or deficits in subsequent years.
14.21 Administered Cash and deposits Administered Cash and deposits includes the balance of the Special Deposits and Trust Fund Accounts held by the Department, and other cash held, which are administered or held in a trustee capacity or agency arrangement. 2009 2008 $’000 $’000
Special Deposits and Trust Fund balance T516 Justice Operating Account 872 1 333 T435 Workers Compensation Act 1988 Fund Account 2 215 1 980 Total 3 087 3 313
Total cash and deposits 3 087 3 313
14.22 Reconciliation of Administered Operating Surplus (Deficit) to Net Cash from Administered Operating Activities 2009 2008 $’000 $’000
Net operating surplus (deficit) 6 621 6 201 (Gain) loss from sale of non-financial assets 2 (1) Impairment losses 3 066 2 465 Decrease (increase) in Receivables (10 074) (7 570) Increase (decrease) in Employee entitlements 102 53 Increase (decrease) in Payables 51 (22) Increase (decrease) in Other liabilities 8 7 Net cash from (used by) operating activities (224) 1 133
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 206 Financial Statements
14.23 Financial Instruments (Administered)
(a) Risk management policies The Department has exposure to the following risks from its use of financial instruments: • credit risk; • liquidity risk The Head of Agency has overall responsibility for the establishment and oversight of the Department’s risk management framework. Risk management policies are established to identify and analyse risks faced by the Department, to set appropriate risk limits and controls, and to monitor risks and adherence to limits.
(b) Credit risk exposures Credit risk is the risk of financial loss to the Department if a customer or counterparty to a financial instrument fails to meet its contractual obligations.
Financial Accounting and strategic policies Nature of underlying instrument Instrument (including recognition criteria (including significant terms and and measurement basis) conditions affecting the amount. Timing and certainty of cash flows)
Financial Assets Receivables Receivables are recognised at It is Departmental policy to issue amortised cost, less any impairment invoices with 30 day terms of trade. losses, however, due to the short Fines and infringement receivables are settlement period, receivables are not a legislatively imposed penalty and not discounted back to their present a commercial debt. Settlement terms value. vary and are subject to agreed payment schedules in accordance with the Monetary Penalties Enforcement Act 2005. Default terms without an arrangement in place are 28 days. Cash and deposits Deposits are recognised at amortised Cash means notes, coins, any deposits cost, being their face value. held at call with a bank or financial institution, as well as funds held in the Special Deposits and Trust Fund.
The carrying amount of administered financial assets recorded in the financial statements, net of any allowances for losses, represents the Departments maximum exposure to credit risk. The Department does not hold any collateral or other security over its receivables. The Department monitors receivables on a monthly basis and follow up procedures are undertaken for all debts that are overdue. Action taken is dependent on the length of time the debt is overdue. The settlement term for receivables (excluding fines and infringements) is thirty days. Fines and infringement receivables are a legislatively imposed penalty and not a commercial debt. Settlement terms vary and are subject to agreed payment schedules in accordance with the
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 207 Financial Statements
Monetary Penalties Enforcement Act 2005 . Default terms without an arrangement in place are 28 days. The following tables analyse financial assets that are past due but not impaired. Analysis of administered financial assets that are past due at 30 June 2009 but not impaired Past due Past Past Past due Past due Total 30 days due due 1 year 5 years 90 180 days days $’000 $’000 $’000 $’000 $’000 $’000
Receivables 1 687 1 833 3 738 6 761 4 307 18 326
Analysis of administered financial assets that are past due at 30 June 2008 but not impaired Past due Past Past Past due Past due Total 30 days due due 1 year 5 years 90 180 days days $’000 $’000 $’000 $’000 $’000 $’000
Receivables 1 224 1 288 1 749 9 524 5 685 19 470
(c) Liquidity risk Liquidity risk is the risk that the Department will not be able to meet its financial obligations as they fall due. The Department’s approach to managing liquidity is to ensure that it will always have sufficient liquidity to meet its liabilities when they fall due.
Financial Accounting and strategic policies Nature of underlying instrument Instrument (including recognition criteria (including significant terms and and measurement basis) conditions affecting the amount. Timing and certainty of cash flows)
Financial Liabilities Payables Payables are recognised at amortised Payables, including goods received and cost, which due to the short services incurred but not yet invoiced settlement period, equates to face arise when the Department becomes value, when the Department obliged to make future payments as a becomes obliged to make future result of a purchase of assets or payments as a result of a purchase of services. The Department’s terms of assets or services. trade are 30 days. The following tables detail the undiscounted cash flows payable by the Department by remaining contractual maturity for its financial liabilities. It should be noted that as these are undiscounted, totals may not reconcile to the carrying amounts presented in the Balance Sheet.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 208 Financial Statements
Maturity analysis for administered financial liabilities 2009 2008 Carrying Carrying 1 Year Amount 1 Year Amount Financial liabilities Payables 116 116 65 65 Total 116 116 65 65
14.24 Categories of Administered Financial Assets and Liabilities 2009 2008 $'000 $'000 Administered financial assets Cash and cash equivalents 3 087 3 313 Receivables 34 811 27 803 Total 37 898 31 116
Administered financial Liabilities Financial liabilities measured at amortised cost 116 65 Total 116 65
14.25 Net Fair Values of Administered Financial Assets and Liabilities 2009 2008 Total Net Tot al Net Carrying Fair Carrying Fair Amount Value Amount Value $’000 $’000 $’000 $’000 Administered financial assets Cash at cash equivalents 3 087 3 087 3 313 3 313 Receivables 34 811 34 811 27 803 27 803 Total administered financial assets 37 898 37 898 31 116 31 116
Administered financial liabilities (Recognised) Trade payables 116 116 65 65 Total administered financial liabilities (Recognised) 116 116 65 65
The net fair values of financial assets and financial liabilities approximate their carrying amounts as this is the amount the Department expects to be able to settle on these items.
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 209 Financial Statements
Note 15 Transactions and Balances Relating to a Trustee or Agency Arrangement
Account/Activity Opening Net transactions Closing balance balance during 2008-09 $’000 $’000 $’000
T401 Crown Law Trust Account 1 848 2 814 4 662 T404 Prisoner Earning Deposit Account 123 (1) 122 T434 Magistrates Court (Civil Division 36 - 36 Litigants) T451 Appeals Cost Fund Deposit Account 172 112 284 T4 60 Supreme Court Suitors Fund Deposit 2 302 228 2 530 Account T516 Justice Operating Account - (529) (529) T740 Criminal Injuries Fund 559 33 592
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 210 Financial Statements
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 211 Audit Report
30. Audit Report
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 212 Audit Report
DEPARTMENT OF JUSTICE ANNUAL REPORT 2008-09 213