Letter of transmission
The Honourable Rod Welford, MP Attorney-General and Minister for Justice State Law Building 50 Ann Street Brisbane Qld 4000
Dear Mr Attorney It gives me great pleasure to present to you for tabling in the Legislative Assembly, the Annual Report of the Department of Justice and Attorney-General for the financial year ended 30 June 2003, as required by the Financial Administration and Audit Act 1977 and Public Service Act 1996. The report meets all the requirements for annual reports that are prescribed by the relevant legislation and Government policy and provides a clear, accurate picture of the Department’s performance against our five strategic goals. I commend the report to you. Yours sincerely
Dr K S Levy, RFD Director-General
Department of Justice and Attorney-General Annual Report 2002-2003 1 Table of contents
Portfolio overview 3 Director-General’s report 4 Highlights 8 Financial snapshot 11
Our vision Mission and values 17 Business profile 18
Our leadership Corporate governance 25 Senior executive 26 Internal controls 37 Internal audit report 40
Our people Organisation and people development 45 Community engagement 53 Indigenous initiatives 54 Multicultural services 57 Freedom of information and privacy 58 Communication and educational activities 60 Justice research 60 Awards 61 Workplace health and safety 62 Energy and waste management 63
Our performance Strategic goals 1: Modernise the justice system 67 2: Protect the rights of consumers of legal services 73 3: Advance people’s rights 76 4: Ensure that our laws reflect community values 85 5: Build safer and more supportive communities 88
Appendices Contents 95
Glossary 122
Our finances 125 Where to find us 126
2 Department of Justice and Attorney-General Annual Report 2002-2003 Portfolio overview
The portfolio of the Attorney-General and Minister for Justice consists of a group of government and statutory bodies and individual statutory appointments. The Attorney-General is the State’s first law officer and a member of Cabinet. The Attorney-General’s functions and powers are set out in the Attorney-General Act 1999. As the State’s first law officer, the Attorney-General may start and oversee litigation for the State, the Governor, a Minister or person suing or being sued on behalf of the State. He also acts as the guardian of the public interest, and therefore must balance conflicting private and collective interests. The Attorney-General provides legal advice to Cabinet and the Executive Council and advises the Executive Council on judicial appointments. His role also enables him to initiate or terminate criminal proceedings, advise on the exercise of the prerogative of mercy, grant immunities from prosecution and appear before a court personally to help counsel or the court in appropriate cases. The role of the Minister for Justice, like that of other Ministers, involves responsibility for the development and implementation of legislation and policy – in this case, dealing with the maintenance of the legal system in this State. The Minister is responsible for the administration of legislation for a range of bodies and statutory appointments including: •Adult Guardian • Land and Resources Tribunal • Anti-Discrimination • Law Reform Commission Commission, Queensland • Legal Aid Board • Anti-Discrimination Tribunal • Legal Aid Queensland •Appeal Costs Board • Legal Ombudsman • Barristers’ Board • Public Advocate • Children Services Tribunal • Public Trustee of Queensland • Council of the Queensland • Public Trust Office Law Society Incorporated Investment Board •Director (and Deputy Director) • Queensland Law Society of Public Prosecutions Grants Committee • Dispute Resolution Centres Council • Registrar-General of Births, •Electoral Commission Deaths and Marriages of Queensland • Salaries and Allowances Tribunal • Gas Appeals Tribunal •Solicitor-General • Guardianship and Administration • Solicitors’ Board Tribunal • Solicitors Complaints Tribunal • Justices of the Peace •State Coroner Advisory Council • Supreme Court Library Committee
These bodies/statutory authorities prepare their own annual reports. Annual reports are also prepared by the Supreme Court of Queensland, District Court of Queensland, Magistrates Courts of Queensland and Children’s Court of Queensland. A Freedom of Information Annual Report is also prepared. The financial affairs of those bodies/statutory authorities have been included in the Department of Justice and Attorney-General’s general purpose financial statements contained in the financial section of this report. In addition to the financial transactions included in the Department’s accounts, the Queensland Law Society pays part of the Legal Ombudsman’s costs.
Department of Justice and Attorney-General Annual Report 2002-2003 3 Director-General’s report
The past year has been a significant one for both the Department of Justice and Attorney- General and Queensland’s justice system. Our Department played an integral role in modernising the justice system and the laws which govern our daily lives and prepared the ground for some significant changes to the way the legal profession is regulated. We have also implemented the Government’s election commitments to expand the Drug Court program to North Queensland, where a trial started in Cairns and Townsville in late 2002, and building new or improved courthouses for Mackay and Richlands, where construction has begun. This Annual Report provides a comprehensive report card on our performance against the Department’s Strategic Plan 2002-2006 and our commitment to achieving the State Government’s priorities and delivering justice services for all Queenslanders.
Reforming our laws It has been a year of substantial law reform in Queensland. Many of these reforms were in response to the changing social environment and needs of our clients, others are designed to help the justice system function more efficiently and effectively. One of the most significant reforms was the overhauling of the coronial system, resulting in the creation of an Office of the State Coroner and the appointment of Queensland’s first State Coroner. The Department was integral in the development and reform of legislation which affects many people’s daily lives, such as laws to recognise the legal rights of people in de facto relationships, outlaw discrimination based on sexual orientation and protect volunteers, community and sporting organisations and professionals from civil liability claims and rising insurance premiums. Introduction of powers for law enforcement agencies to seize the proceeds of crime, the protection of child victims when giving evidence and the review of child sex abuse laws were also among the issues with which the Department was involved.
4 Department of Justice and Attorney-General Annual Report 2002-2003 Modernising our courts The Department remains committed to modernising our courts to provide state-of-the-art facilities and access to justice in communities throughout Queensland. In addition to the projects under way at Mackay and Richlands, work also began on the new Brisbane Magistrates Court, a facility which will increase access to the latest facilities, services and technology. In addition, renovation of courthouses or construction of new facilities is planned or has commenced at Caloundra, Cooktown, Hervey Bay and Thursday Island. The Department continues to expand advanced information technology and facilities such as video conferencing and closed circuit television into courthouses across the State. The development and implementation of new technology enables us to improve our efficiency and reduce costs while improving services to the community.
Improving quality of life Our Department is integral in providing services and implementing initiatives which enhance the quality of life for individuals and the broader community. The expansion of the Drug Court pilot to Townsville and Cairns, following its success in Beenleigh, Ipswich and Southport, provides people with substance abuse problems with an alternative to jail and an opportunity to undergo rehabilitation to reform their lives. The Community Visitor Program, coordinated by the Office of the Adult Guardian, built on the successes of its first year of operation. The program expanded its scope, allowing it to help prevent abuse, neglect and exploitation of additional adults with impaired decision- making capacity.
Organisational change There were a number of structural changes within the Department during the past year designed to improve our operations and efficiency. These ultimately enable us to achieve superior performance and better meet the evolving needs of our stakeholders and the broader community. One example is the Research and Executive Services group, created to allow those areas of the Department primarily concerned with research, policy development, corporate planning, communications and external scanning to foster closer working relationships and a sharper focus on our long-term strategic direction. The Land Court and Land Tribunal Registry also became part of the Department, moving across from the Department of Natural Resources and Mines in January.
Strengthening ties with Woorabinda On a personal note, my involvement with the people of Woorabinda through my role as “Government champion” for their community under the Meeting Challenges, Making Choices initiative has been very productive and rewarding.
Department of Justice and Attorney-General Annual Report 2002-2003 5 I had the opportunity to travel to Woorabinda several times during the year to meet with representatives from bodies such as the Woorabinda Aboriginal Council and Community Justice Group to hear first-hand about the issues affecting the community. Through these visits and the Department’s ongoing contact with the community, we have developed positive relationships and working partnerships with key stakeholders. This enables us to more effectively act as the liaison between Woorabinda and other State Government agencies to address relevant issues which arise in the community.
The year ahead One of the major initiatives for the Department in the coming year is reform of Queensland’s legal profession. The Department will prepare legislation for the Attorney-General to put in place new systems to regulate the legal profession and provide a legal system in which Queenslanders can have confidence. The Department will also continue to implement legislative reforms including those relating to births, deaths and marriages and protection of child witnesses. I am proud of the Department’s performance in what has been a significant year for justice in Queensland. I want to thank staff, individually and as part of the overall departmental team, for their skill, commitment and hard work in helping meet these achievements. It is through people, both within the Department and outside, that we are meeting our many and varied challenges and achieving our vision of building a safe, just and supportive community.
Dr K S Levy RFD Director-General
6 Department of Justice and Attorney-General Annual Report 2002-2003 Highlights
Strategic Goal Objective Highlights The year ahead Modernise the Modernise the Introduction of enhanced CCTV or videoconferencing facilities justice system courts information technology in the will be installed at additional Supreme, District and Magistrates Magistrates, District and Supreme Courts to enhance services to Courts. court users. Work will continue on courthouse Construction commenced on the projects in Brisbane, Richlands, following projects: Mackay and Cooktown, while • new Brisbane Magistrates Courts construction of a new courthouse building in George Street at Caloundra and the upgrade of • new Western Districts Courthouse Hervey Bay Courthouse facilities at Richlands in Brisbane’s south- will commence. west • upgrade and extension of the heritage-listed courthouse at Mackay, and • upgrade of the existing Cooktown Courthouse. Protect vulnerable Established vulnerable witness Reforms contained in the Evidence witnesses ‘waiting rooms’ for child witnesses (Protection of Children) Bill 2003 at Ipswich Courthouse and the will be implemented. Brisbane Law Courts complex. A vulnerable witness policy will be An audit was commenced on all developed in line with Queensland courthouses to identify recommendations in the Queensland those where facilities for vulnerable Law Reform Commission report on witnesses need upgrading. Evidence of Children. Additional CCTV facilities will be installed at additional courts to allow children and victims of sexual abuse to give evidence. Modernise Conducted a comprehensive review State Coroner has commenced role Queensland’s of existing coronial system and and will further develop systems coronial system developed new coronial legislation, and processes to improve delivery of systems and processes for coronial services, including establishment of the Office of State introduction of grief counselling for Coroner and appointment of first families and participation in State Coroner. National Coronial Information System, a database which helps detect national death trends. Protect the rights Reform the legal Completed a comprehensive review Legislation will be developed to put of consumers of profession of the legal profession and a in place new systems to regulate the legal services proposed regulatory framework legal profession, including the was announced in May 2003. appointment of an independent Legal Services Commissioner.
8 Department of Justice and Attorney-General Annual Report 2002-2003 Strategic Goal Objective Highlights The year ahead Advance people’s Strengthen the Working committees were Recruitment of additional staff rights Office of the established with other key agencies will be undertaken to increase the Director of Public involved in the criminal justice number of public prosecutors. Prosecutions system to improve efficiency of (ODPP) the system and increase the skills base of ODPP staff. Increase Expanded training to additional Training will be expanded to Indigenous Aboriginal and Torres Strait further Indigenous communities people’s Islander communities and appointed and additional Indigenous JPs will participation 20 new Indigenous JPs (Magistrates be appointed, increasing the number in justice Court), enabling communities to of communities which can convene administration convene Magistrates Courts Magistrates Courts. proceedings. Expand the The Community Visitor Program An external review of the Community widened its parameters to include Community Visitor Program will Visitor Program the protection of adults with be completed. impaired decision-making capacity residing in hostels and boarding houses. Additional community visitors were recruited for these sites. Ensure that laws Improve the laws Current laws relating to births, Changes proposed under the new reflect community for births, deaths deaths and marriages were reviewed legislation will be implemented, values and marriages and new legislation developed to including the introduction of a simplify the laws and create a Change of Name register and framework consistent to that used improvements in information access in other Australian states. for genealogical researchers. Reform negligence Negligence laws were reviewed A scale of damages for personal laws and new legislation developed to injury will be implemented and a protect volunteers, community simplified pre-proceedings process and sporting organisations and for personal injury claims will be professionals, such as doctors, developed. The impact of the Civil against civil liability claims and Liability Act 2003 reforms will be rising insurance premiums. monitored. Strengthen laws Amendments were made to The reforms will be enhanced by against child sex current laws and new legislation new legislation to provide increased offenders was developed to address child sex protection to child sex abuse victims abuse. Changes included increased who are required to give evidence maximum penalties and creation of and minimise trauma or distress. an internet paedophilia offence. Outlaw Reforms recognising the legal Legislation will be developed to discrimination rights of people in a de facto refer power to the Commonwealth based on sexual relationship and outlawing to enable de facto property disputes orientation discrimination based on sexual to be resolved in the Family Court. orientation were introduced. Over 60 Queensland Acts now recognise de facto partners. Facilitate seizure Legislation was developed to allow The impact of the Criminal Proceeds of the proceeds law enforcement agencies to seize Confiscation Act 2002, will be of crime property and assets of people monitored. involved in serious criminal activities such as drug trafficking. The Criminal Assets Confiscation Unit was established within the ODPP to administer and enforce the confiscation of assets obtained through crime.
Department of Justice and Attorney-General Annual Report 2002-2003 9 Strategic Goal Objective Highlights The year ahead Build safer and Build on the Drug The North Queensland Drug Court Additional funds will be spent on more supportive Court trials program was established in the South East Queensland program communities Townsville and Cairns in November and referral of offenders has 2002 to: resumed following positive • provide participants with a means evaluations of the program in to break the cycle of drug reports by the Australian Institute of dependence Criminology and Drug Court • allow participants to undergo Magistrate John Costanzo. rehabilitation rather than be Recommendations made in both imprisoned, and reports will be implemented as • reduce crime in the community. appropriate. Conducted evaluations of the South Continue the North Queensland trial East Queensland Drug Court trial until 2004 and evaluate its which has operated since June 2000. operation. Consolidating the A Drug Offences Diversion Program The trial program will continue until Drug Diversion was established in March 2003 in March 2004 when the outcomes will Program the Brisbane Magistrates Courts and be assessed. Children’s Court for a 12-month trial and aims to: •divert minor drug offenders to counselling instead of court sentencing, and • provide early intervention and help stop young people from using drugs and committing drug-related crimes.
Whole-of- Government Objective Highlights The year ahead initiatives Meeting Work in Developed partnerships and The Director-General and Challenges, partnership with strengthened relationships with departmental officers will make Making Choices Woorabinda Woorabinda community through: further visits to Woorabinda to strategy community in role • visits to the community by continue to develop relationships as “Government Director-General, accompanied by and address issues of community champion” departmental officers concern. • meetings and ongoing Negotiation table will meet. communication with the The Department will assist the Woorabinda Aboriginal Council community with implementation of and other community stakeholders initiatives aimed at resolving to target specific community specific concerns, including an concerns alcohol management plan. • establishment of a negotiation table to give representatives from the community and State Government the opportunity to come together to discuss issues and propose ideas and solutions, and • assisted in development of an alcohol management plan to address alcohol-related issues in the community.
Key – Government Priorities More jobs for Queenslanders – skills and innovation – the Smart State Community engagement and a better quality of life Safer and more supportive communities Valuing the environment Building Queensland’s regions
10 Department of Justice and Attorney-General Annual Report 2002-2003 Financial snapshot
The Department is mainly funded through appropriation funding by the Queensland Government in return for the services delivered by the Department. Appropriation funding is also referred to as output revenue. Output revenue represents 86.32 per cent of total revenue. During 2002-03 the Department received output revenue of $181.202M compared to $162.113M for the previous year - an increase of $19.09M or 11.78 per cent. Other sources of revenue increased by $3.128M or 12 per cent. The increase in output revenue is attributable to the funding of increased employee costs as a result of annual salary reviews and increments, voluntary retirement of staff members and funding for operations transferred to the Department’s controlled activities as a result of administrative and machinery-of-government changes. Funding was also increased for improved delivery of outputs and initiatives such as the Drug Courts program, modernising Queensland’s coronial services, establishment of the Criminal Assets Confiscations Unit and revitalisation of the Office of the Director of Public Prosecutions.
Where the funds come from The funds are supplied mainly by the State Government to enable the Department to deliver its services. User charges are amounts received by the Department for chargeable services such as legal services rendered by Crown Law. Other revenue includes grants received, interest received, services received free of charge and other minor receipts.
$M 200 Where the funds come from
150
100
50
0 Government User charges Other 2000-2001 2001 -2002 2002-2003
Department of Justice and Attorney-General Annual Report 2002-2003 11 How the funds are spent Employee expenses is the amount paid to employees and related salary on-costs such as superannuation. Supplies and services is the amount paid to third parties for supplies and services delivered during the year. Equity return is paid quarterly to Queensland Treasury at a rate of 6 per cent per annum on the Department’s equity. Depreciation is the value of assets consumed during the year in the delivery of our services. Other payments includes grants paid, finance costs, losses on sale of assets and other minor expenses.
120 How the funds are spent
100
80
60
40
20
0 Employee expenses Supplies & services Equity return Depreciation Other 2000-2001 2001 -2002 2002-2003
Revenue
Funding is provided to assist the Department to achieve a range of outputs which underpin the Government’s priorities. Court Services received the major share of appropriation funding. A significant portion of Legal Services revenue consists of user charges for services rendered by Crown Law. Revenue in dollar terms for each output is: $M Human Rights Protection and Promotion 8.386 Legal Services 52.967 Court Services 145.491 Agency and Registration Services 9.391
2002-2003 Revenue by Output
Court services Legal services Agency and registration services Human rights protection and promotion
12 Department of Justice and Attorney-General Annual Report 2002-2003 Expenses The percentage share for expenses for Legal Services is less than its percentage share for revenue, resulting in a net contribution to the surplus position of the Department. Expenses relating to Human Rights Protection and Promotion, Legal Services and Court Services were marginally less than revenue. Agency and Registration Services expenses marginally exceeded revenue for the year. The expenses in dollar terms for each of the outputs are: $M Human Rights Protection and Promotion 7.776 Legal Services 50.975 Court Services 143.155 Agency and Registration Services 9.510
2002-2003 Expenses by Output
Court services Legal services Agency and registration services Human rights protection and promotion
Two-year comparison
Revenue Generally, revenue over the years has risen in line with inflation except for the increase in revenue for Court Services. This increase is mainly due to external and internal funding allocations for increases in equity return expenditure, depreciation funding and employment costs. Funding was also increased for improvement in the delivery of outputs and initiatives such as the Drug Courts program and modernising of the Queensland coronial services.
150 Revenue by Output
120
90
60
30
0 Human rights protection Legal services Court services Agency and and promotion registration services 2001 -2002 2002-2003
Department of Justice and Attorney-General Annual Report 2002-2003 13 Expenses
For most outputs, expenses are comparable to revenue trends. However, the increased expenditure in Court Services is influenced by the change in the basis of the internal allocation of the equity return expense to each output. In previous years the equity return was centralised as a corporate service expense. It is now allocated to each output based on its share of net equity invested. Appropriate internal funds were allocated to fund the equity return expense as can be seen in the Revenue by Output graph.
150 Expenses by Output
120
90
60
30
0 Human rights protection Legal services Court services Agency and and promotion registration services 2001 -2002 2002-2003 Capital expenditure overview Capital expenditure of $42.026M was incurred during the year. Financing of these capital projects were mainly from depreciation funding and funds generated from operations, followed by equity injections of $7.374M, an equity transfer of $5.958M and borrowings of $2.999M. During the year, land for the construction of the Brisbane Magistrates Courts building was transferred from the Department of Public Works. The acquisition was partly financed by an equity transfer of $5.958M with the balance being paid in cash. Projects in progress consist mainly of capital expenditure on the new Brisbane Magistrates Courts building. Other significant projects include capital works in relation to courthouse facilities in Bundaberg, Mackay, Southport and Townsville. The remaining expenditure relates to minor upgrades to courthouse facilities elsewhere during the year. Funds spent on plant and equipment includes closed circuit television (CCTV) in courthouses, personal computers, copiers, office furniture and equipment. Major software projects capitalised during the year related to the continuing development of the Queensland Wide Interlinked Courts System (QWIC) and the State Penalties Enforcement Registry System (SPER).
Capital Expenses 2002-2003
Projects under construction Land Plant and equipment Software
14 Department of Justice and Attorney-General Annual Report 2002-2003 Our vision To build a safe, just and supportive community
We will achieve this by focusing on our five strategic goals: • Modernising the justice system • Protecting the rights of consumers of legal services • Building safer and more supportive communities • Ensuring our laws reflect community values •Advancing people’s rights.
Our mission
To deliver a fair, open and accessible justice system
Our values
We value: • high-quality, client-focused services • justice and fairness • the rule of law and the independence of the judiciary • active community engagement in the formulation of laws and the operation of the justice system •integrity and ethical behaviour in all our dealings • accountability to the people of Queensland • rigour and innovation in policy analysis and development • discipline, dedication and attention to detail in all aspects of our work •the delivery of equitable and quality services to meet community needs • teamwork, courtesy and respect in the workplace.
Department of Justice and Attorney-General Annual Report 2002-2003 17 Business profile
The Department of Justice and Attorney-General is one of 26 State Government departments and various agencies serving the Queensland community. The Department delivers a diverse range of services that help build a safe, just and supportive society and has two broad functions: justice (with the court system as its focus) and the Attorney-General’s role (as the State’s chief law officer and the legal representative of the community at large). The work of our Department is built on a foundation of delivering a fair, open and accessible justice system. The cornerstone of these foundations is the role of the Supreme, District and Magistrates Courts, the Office of the Director of Public Prosecutions as well as a number of tribunals. In addition, the use of alternative dispute resolution provides individuals with an inexpensive means to settle their differences outside the traditional court process. The Department delivers other services that are fundamental to a cohesive, equitable and supportive society. They include registering births, deaths and marriages, appointing Justices of the Peace and Commissioners for Declarations, helping people with impaired decision- making capacity access the legal system, providing support to victims of crime and their families and carers, and mediating neighbourhood, family and workplace disputes.
Leadership role The Department is the lead agency for the State’s criminal, civil and human rights laws and administers a large volume of legislation. A comprehensive list of these laws is shown in Appendix 3. This leadership role includes developing and reforming legislation and policy that reflects community values and attitudes about justice and address the needs of clients and stakeholders. The Department is also the lead agency in the important areas of freedom of information and the State Government’s privacy policy. In this role, it develops and implements relevant legislation and administrative schemes and oversees their application across government to ensure consistency and integrity in the administration of these services on behalf of the community.
Working to support the Queensland Government’s priorities The Department’s strategic and operational planning supports the State Government’s five key priorities and the continued development of Queensland as a dynamic, tolerant and mature community. The Department’s programs, initiatives and activities in 2002-03 were shaped by the five whole-of-government priorities: • Safer and more supportive communities • Community engagement and a better quality of life • More jobs for Queenslanders - skills and innovation - the Smart State
18 Department of Justice and Attorney-General Annual Report 2002-2003 • Building Queensland’s regions •Valuing the environment. The Department’s Strategic Plan 2002-2006 identifies our goals and objectives and how we plan to achieve them over the next three years, while meeting the Government’s priorities at the same time. Clear goals are important, but it is equally important to assess how successful we have been in meeting them. In 2002–03, the Department consolidated its output areas from five to four. The Department’s outputs respond to the Government’s priorities in the following ways:
Safer and more supportive communities Crime threatens our safety and sense of security and spreads mistrust in the community. The justice system punishes criminal behaviour by applying the criminal law in the courts, which are independent of government. The administrative services that we supply underpin the justice system that applies these laws. At the same time, our Department contributes to targeting the causes of crime and pursues strategies to help reduce and prevent crime and create safer communities. Prosecutors seek justice against criminals in courtrooms across the State. We are committed to ensuring that legal procedures are fair and equitable, and to supporting and protecting all participants in the justice system. In addition, many of our services are specifically designed to protect rights, promote social justice and support community diversity.
Community engagement and a better quality of life The Department is committed to increasing its engagement with Queensland’s communities and ensuring that laws reflect community values about the nature and delivery of justice. We actively foster a better quality of life by developing legislation and implementing policies and services that protect and promote people’s rights. The Department also responds to the needs of our society’s more vulnerable and disadvantaged citizens such as people with impaired decision-making capacity.
More jobs for Queenslanders - skills and innovation - the Smart State Promoting a positive business environment that fosters job growth helps the Department contribute to the State’s economic prosperity. We do this by ensuring that the legal system is fair, independent and equitable, that the rule of law is respected and by resolving disputes fairly, quickly and cost-effectively. In addition, we continue to develop and implement new technology to improve business practices and enhance government services. We also advise other agencies on the legal aspects of major infrastructure projects being progressed across the State, many of which generate large-scale job creation. The restoration and upgrade of older courts and facilities directly creates jobs, as do new construction projects such as the Brisbane Magistrates Courts building, which will generate around 1,300 jobs.
Building Queensland’s regions The continuous enhancement and expansion of facilities and services beyond the south-east corner of the State by our Department ensures that regional Queensland is well supplied with capital infrastructure. It also has an ongoing role in providing legal services to other government agencies in the delivery of their portfolio services. In some cases, this involves projects often generating significant job creation and positive flow-on effects in regional and rural areas of the State.
Department of Justice and Attorney-General Annual Report 2002-2003 19 Valuing the environment The Department is proactively developing and implementing environmentally friendly energy and waste management policies and practices. Our energy policy focuses on conserving energy and upgrading older facilities including courthouses with more energy- efficient plant and equipment. The organisation contributes to the State’s cultural heritage through the restoration of heritage-listed courthouses and other buildings.
Clients and stakeholders Our Department works on behalf of the Queensland community, but serves and works with a specific range of clients and stakeholders across the State. These include: • members of the judiciary of the Supreme and District Courts • the magistracy • jurors • witnesses • victims of crime and their families • people accused of crime and their families • litigants in civil matters • members of the legal profession • Justices of the Peace and Commissioners for Declarations • people in neighbour, family or work disputes • academics and law students • community legal services and support groups • advocates of law reform and members of advocacy groups • people with impaired decision-making capacity, their families and their carers • Indigenous people and their representative groups • strategic partners such as the Queensland Police Service, Department of Corrective Services, Department of Families and Queensland Health and those agencies that make up the Minister’s portfolio • other State Government departments and agencies •people living in rural and remote areas served by Queensland Government Agency Program offices administered by our Department • people needing to register a birth, death or marriage in Queensland • people requiring a copy of birth, death or marriage certificates for personal, family, business or legal reasons, and • journalists and representatives of the news media reporting on justice-related issues.
How we deliver This is how we ensure that the work we do actually achieves the Government’s policy objectives. The Department: • draws up a strategic plan that supports the Government’s priorities • organises and funds its activities under specific areas of operation or ‘outputs’ that reflect the type of work done, that is Courts Services, Human Rights Protection and Promotion, Legal Services, and Agency and Registration Services • develops operational or business plans subordinate to the Department’s Strategic Plan
20 Department of Justice and Attorney-General Annual Report 2002-2003 • makes special provision for delivery of services to identified high needs groups in the community, such as people living in rural and remote locations, Indigenous communities and people with impaired decision-making capacity • establishes strategic partnerships with other agencies and non-government organisations and community groups in the development and delivery of services, and • monitors its performance on an ongoing basis and revises plans and strategies accordingly.
Strategic partnerships The Department collaborates with the other agencies within the portfolio of the Attorney- General and Minister for Justice, including Legal Aid Queensland and the Anti- Discrimination Commission, Queensland. The Department also works closely with other agencies in the delivery of services and in developing and implementing more innovative programs such as the Drug Courts program. Our strategic partners include the Queensland Police Service, Department of Corrective Services, Department of Families and Queensland Health, local governments and the Commonwealth Government in some cases, as well as the legal profession.
Strategic plan The Department’s strategic plan for 2002-2006 provides the framework for achieving our vision of building a safe, just and supportive community. Five major goals underpin the agency’s strategic vision, drive service delivery and keep the Department focused on meeting the Government’s priorities. These goals are:
Modernising the justice system This is achieved by improving court processes, using technology strategically and collaborating with other justice agencies in the effective and efficient delivery of services - the foundation that supports all other goals. These initiatives ensure that Queensland has an up-to-date and integrated legal system, which underpins the social and economic life of the whole community. Only with such a system can the principles of fairness, independence and equality be upheld in practice, the rule of law respected, individual rights protected and disputes resolved fairly and quickly. This in turn contributes to a safer and more supportive community and a stable business environment that promotes job growth.
Protecting the rights of consumers of legal services This is achieved by reforms to the legal profession and by increasing consumers’ awareness of their legal rights.
Advancing people’s rights This is achieved by ensuring that the justice system remains fair, equitable and accessible to all Queenslanders, including the most marginalised and disadvantaged people in the community, such as Indigenous people and people with impaired decision-making capacity.
Ensuring that our laws reflect community values This is achieved by actively engaging and consulting with the community in the development of laws and policy.
Department of Justice and Attorney-General Annual Report 2002-2003 21 Building safer and more supportive communities This is achieved by strategically working with government and non-government agencies to target the causes of crime and develop crime prevention strategies, by supporting all participants in the justice system, and by promoting community vitality. The nature of the Department’s work directly supports the creation of a safer and more supportive community and a better quality of life for all Queenslanders. In meeting its goals, the Department also contributes positively to the other Government priorities – economic advancement, prosperous regions and a healthy environment.
Outputs In 2002-03, the Department organised, funded and reported on its performance under four ‘outputs’. These outputs are listed below, together with the relevant bodies or areas of work responsible for delivery of services. • Courts Services – Supreme and District Courts – Magistrates Courts – State Penalties Enforcement Registry – Alternative Dispute Resolution Branch – State Reporting Bureau – Tribunal Services • Human Rights Protection and Promotion – Office of the Adult Guardian – Guardianship and Administration Tribunal – Office of the Public Advocate • Legal Services – Office of the Director of Public Prosecutions – Crown Law – Strategic Policy – Queensland Law Reform Commission •Agency and Registration Services – Registry of Births, Deaths and Marriages – Justices of the Peace Branch – Queensland Government Agency Program
22 Department of Justice and Attorney-General Annual Report 2002-2003 Our external environment The Department operates in a changing social, economic and technological environment that offers both opportunities and challenges to the way we serve the Queensland community. Social problems such as substance abuse, unemployment and family breakdown influence the number and type of offences the criminal justice system has to handle. Growing pressure on Queensland’s prison system demands that we review and examine current approaches to crime prevention and prison diversion strategies. The disproportionate numbers of Indigenous offenders and prisoners in the criminal justice system presents the Department with a serious challenge in meeting the special needs of this group of people in collaboration with other government agencies and community stakeholders. The community and users of the courts system also have increased expectations about the quality and efficiency of our services. Queensland’s population is rapidly growing and becoming increasingly multicultural, while remaining the most geographically decentralised among the States and Territories. This presents challenges in maintaining equity and access to high quality court services and facilities, and providing sufficient access to services in regional and rural areas. The Department also has to take into account people’s differing needs in the delivery of its services. This provides a challenge in responding to the vulnerability of certain people, such as women, children, Indigenous people, the elderly and those whose decision-making capacity is impaired, when they are involved as victims of crime or as witnesses in court proceedings. Victims of violent crime also have particular needs and the Department provides help and compensation where appropriate. Advances in technology, such as computer imaging and identifying offenders by DNA testing, are providing new opportunities for the justice system, but new challenges too. These techniques have to be understood and mastered, and procedures developed to ensure they always work in the interests of justice. Technological developments also provide the Department with the opportunity to design innovative and increasingly flexible methods of service delivery. However, these advances also offer new avenues for criminal activity, requiring the development of new strategies. These strategies will clearly be multi-disciplinary responses.
Department of Justice and Attorney-General Annual Report 2002-2003 23 Our leadership
(L to R): Director-General Dr Ken Levy during a visit to Woorabinda with Dean Gooda and Max Parsons of the Department of Aboriginal and Torres Strait Islander Policy, Rockhampton and Woorabinda Aboriginal Council Chairman Steven Kemp. Corporate governance
‘Corporate governance’ broadly means the way a corporation, or government department, is managed. In the Department of Justice and Attorney-General, the term refers to the systems and procedures established to enable us to achieve our strategic goals, operational objectives and performance targets within budgetary constraints. In this way, corporate governance has a direct bearing on performance. Good corporate governance: • sets clear goals and strategies that concur with and support the Government’s priorities • ensures that planning and decision-making are systematic and considered yet flexible enough to respond to changing circumstances • assigns responsibilities and identifies who is accountable • establishes safeguards to ensure that the Department delivers its services in a planned, efficient manner. We put the principles of good corporate governance into practice by: • developing operational plans each year to ensure that our activities are directed towards achieving corporate objectives • structuring the organisation so that people’s roles and responsibilities are geared to achieving the objectives • ensuring that the authority to make decisions about finances and human resources is delegated to qualified and responsible people • reporting weekly, monthly and quarterly to the Director-General and the senior executive on performance against corporate and operational objectives • regularly reviewing policies on human resources, finance and information management to make sure they comply with the law, government standards and evolving departmental needs • undertaking significant systemic and functional reviews of departmental units and/or activities annually • building effective safeguards by setting up – systems of risk management and internal control –a mechanism for maintaining high standards of ethical conduct, both internally and in relation to external stakeholders and clients – requirements that departmental decisions be transparent, publicly defensible and in the best interests of the wider community.
Department of Justice and Attorney-General Annual Report 2002-2003 25 Our senior executives
Executive Management Group
Standing members
Dr Ken Levy, RFD BA, BCom, LLB, PhD, MAPS, FCPA, Barrister-at-Law
Dr Ken Levy was appointed Director-General in December 2000. He has worked in the Queensland public sector for 30 years and is a qualified barrister, accountant and psychologist, with a doctorate in criminology. Ken has wide experience in technical legal matters and in managing the Department’s functions. He has also been involved in a number of significant research projects relating to the legal industry.
David Schulz BEcon (Hons), LLB, Solicitor
David Schulz is Acting Executive Director, Research and Executive Services, and was formerly Executive Director, Justice Administration, a position he held since he joined the Department of Justice and Attorney-General in 1997. He has worked in Queensland and Commonwealth Government departments since 1972, when he began as a graduate clerk in the Department of Trade and Industry in Canberra. David is also the President of the Dispute Resolution Centres Council in Queensland.
Garry Hannigan MPA, BA, LLB, GradDipBus (IR), DipPolStudies, Barrister-at-Law
Garry Hannigan is Executive Director, Legal and Corporate Services, a position he has held since 2001. He directs the Department’s support services including human resource management, records management, information management, property services, Crown Law and the administrative and managerial aspects of the Office of the Director of Public Prosecutions. Garry has worked in the Commonwealth and Queensland Governments since 1973 and joined the Department of Justice and Attorney-General in 1993.
Garry Robinson BA (Hons), LLB, MBA, Solicitor
Garry Robinson is Acting Executive Director, Justice Administration, a position he has held since early 2003. Garry joined the Department of Justice and Attorney-General in 1993 and performed the roles of Courts Administrator for Magistrates and Higher Courts. He previously worked in management roles in Victoria with the County Court, Land Titles Office and the Department of Premier and Cabinet. Garry is in charge of the courts and tribunals, and areas including the Alternative Dispute Resolution Branch, Justices of the Peace Branch, Registry of Births, Deaths and Marriages, State Penalties Enforcement Registry, Office of the Adult Guardian and Office of the Public Advocate.
26 Department of Justice and Attorney-General Annual Report 2002-2003 Ulla Zeller BA, LLB, Solicitor
Ulla Zeller is Official Solicitor and leads a team of lawyers specialising in areas including freedom of information, privacy and judicial review. She rejoined the Department in 2001, having worked in a number of State Government agencies for 20 years. Ulla also heads up Executive Services which provides support services to the Minister and Director-General in relation to Cabinet, Parliamentary and Executive Council and Ministerial Correspondence processes.
Ray Millman BA (Mathematics and Economics)
Ray Millman is Acting Director, Information Management, a field in which he has wide ranging technical and management experience. Ray joined the Department in 1998 as Manager, Policy and Planning and undertook a 12-month secondment to Queensland Health in 2000 where he was Manager, Communications and Networks. Ray returned to the Department in October 2001 as Manager, Business Systems. He has worked in information technology and telecommunications with Queensland Government for over 30 years.
Patrick Morgan BCom, CPA, Dip Project Management
Patrick Morgan is Acting Director, Financial Services, a role he has performed since joining the Department in July 2002. Before that, he provided strategic financial advice and leadership at agencies such as the Brisbane City Council and Department of Employment and Training. Previously Patrick worked for more than 10 years in the private sector in various industries including airlines, resources and public accounting before joining the public sector.
Colin Jensen BE (Civil) (Hons)
Colin Jensen joined the Department in April 2003 as Acting Director, Management and Operational Review for six months as part of the State Government’s Senior Executive and Senior Officer Mobility Program. His previous role was Executive Director, Strategic Policy, Department of Main Roads. Colin joined Main Roads in 1987 where he has worked in various engineering and executive positions.
Terry Ryan BSocWk, LLB (Hons), Dip Leg Prac, LLM, Solicitor.
Terry Ryan was appointed Director, Strategic Policy in 2001. He started work with the Queensland Government when he joined the Department of Children’s Services in 1984. After completing a degree in law, Terry worked in private legal practice before returning to the Queensland Government in 1993.
Department of Justice and Attorney-General Annual Report 2002-2003 27 Conrad Lohe, BA, LLB, Barrister-at-Law
Conrad Lohe was appointed Queensland’s 21st Crown Solicitor in May 2000. He leads Crown Law, which is the Queensland Government’s primary legal service provider. Conrad joined the Solicitor-General’s Office in the Department of Justice in 1969 and was appointed a Crown Prosecutor in 1972. He was appointed Deputy Crown Solicitor in 1991.
Paula Scully BCL, MA (Arbitration & Dispute Resolution), Dip Counselling, DipSocStudies, Solicitor
Paula Scully was appointed Adult Guardian in April 2003. In her role, she protects the rights and interests of adults with an impaired decision-making capacity. Prior to her appointment, Paula was the inaugural Chairperson of the Hong Kong Guardianship Board for four years and worked for six years as a senior counsel with the Hong Kong Department of Justice.
Phil Argyris (BSc)
Phil Argyris was appointed Acting Director, Management and Operational Review in March 2003 after having been the Director, Information Management since 1997. In April 2003, he took up the position of Acting Director, Information Economy Policy in the Department of Innovation and Information Economy for six months as part of the State Government’s Senior Executive and Senior Officer Mobility Program. Phil has worked in information technology in the Queensland public sector for many years, beginning in Queensland Treasury in 1974.
Invited member
Rod Newton BBus, ASA
Rod Newton is Acting Executive Director of PartnerOne, the new shared services unit providing services including finance and human resources to 22,500 clients in the Department and seven other government agencies. Rod has worked in the Department since 1968 in the areas of finance, property services, human resources, management services and as Manager, Office of the Special Prosecutor, Director of Financial Services and Acting Director, Management and Operational Review.
28 Department of Justice and Attorney-General Annual Report 2002-2003 The Director-General and management groups As chief executive officer of the Department, the Director-General’s leadership role is fundamental in achieving good corporate governance. To this end he receives expert assistance and specialised advice from the Executive Management Group and the following corporate governance committees: •People Management • Finance and Planning •Policy and Legislation • Information Management • Audit and Risk Management • Agency Consultative Committee.
Where the standards for corporate governance come from The State Government’s key requirements for corporate governance are set by the following laws, charters and standards and monitored by the Auditor-General and listed investigative bodies: • the Financial Administration and Audit Act 1977 • the Charter of Fiscal and Social Responsibility 2001 • the Financial Management Standard 1997 • the Public Sector Ethics Act 1994 • the Auditor-General, through such processes as the Corporate Governance and Risk Management Self-Assessment Program, and • bodies such as the Ombudsman and Crime and Misconduct Commission.
Meeting the Government’s social and fiscal responsibilities Our Department responds to the Government’s social and fiscal responsibilities to the people of Queensland by: • clearly outlining and publicising the services we provide to Queenslanders • ensuring that these services are consistent with the Government’s priorities • costing our services accurately, and • providing a clear picture of the Department’s assets and liabilities so that we can make efficient use of resources.
Financial governance strategies The key financial governance strategies we employ are designed to: • manage departmental affairs effectively, efficiently and economically in order to avoid waste and extravagance • provide effective delegations (accessible by staff on the Department’s intranet site, JAGNET) • maintain suitable systems of internal control and risk management, including an adequate internal audit function
Department of Justice and Attorney-General Annual Report 2002-2003 29 • ensure our Department-specific Financial and Administrative Procedure Manual is current and up-to-date (accessible by staff on JAGNET), and • report promptly and in a transparent way on a monthly, quarterly and annual basis.
Standards of financial management At an operational level we use the following governance mechanisms: • operational planning to give effect to strategic plans • internal controls over revenue, expenses, assets and liabilities • regular appraisal of systems, including their controls and their cost-effectiveness • explicit responsibilities for internal audit and audit committees and clear risk management processes • systems for managing performance • annual, quarterly and monthly reporting • links to other key policies and best-practice guidelines, such as Information and Communications Technology Standards and the State Purchasing Policy.
Ethical standards The Department has sought to promote and maintain a climate of honesty and integrity by developing and implementing a Code of Conduct for all staff and a Whistleblower Protection Policy. We also aspire to further develop systems of participatory management where teamwork, professionalism and high standards of ethical conduct are expected and recognised.
How external appraisals and critiques influence our corporate governance External appraisals and critiques of the Department’s operations and performance do occur, as expected for any large, multi-functional organisation. The Department has an active policy of welcoming constructive findings and comments as a means of improving our operations and services. External influences on the governance of the Department include: • Auditor-General audits and reports • the Ombudsman’s investigations and reports • findings and recommendations of the Crime and Misconduct Commission • Freedom of Information and Whistleblower legislation and public-interest disclosures •Parliamentary and Budget Estimates Committees and their questions, and • the work of journalists. In addition to these external influences, reports from the Department’s Internal Audit Branch and Management and Operational Review Branch provide important feedback on the corporate governance of our organisation to the Director-General.
30 Department of Justice and Attorney-General Annual Report 2002-2003 Management committees The corporate-governance framework and process in our Department are reinforced by the direction and guidance provided by our management committees. These committees usually comprise some or all of the Department’s executive management and other staff depending on the role of the committee. The committees usually meet on a monthly basis.
Executive Management Group The Executive Management Group provides corporate oversight and leadership for the Department and supports the Director-General in determining the agency’s direction. Its key functions include reviewing, adopting and monitoring strategic policies and operational plans, directing and overseeing government, departmental and inter-departmental initiatives. Membership of the Executive Management Group as at 30 June 2003: • Dr Ken Levy, Director-General (Executive Chair) • David Schulz, Acting Executive Director, Research and Executive Services • Garry Hannigan, Executive Director, Legal and Corporate Services •Garry Robinson, Acting Executive Director, Justice Administration •Ulla Zeller, Official Solicitor • Ray Millman, Acting Director, Information Management •Patrick Morgan, Acting Director, Financial Services • Colin Jensen, Acting Director, Management and Operational Review •Terry Ryan, Director, Strategic Policy • Conrad Lohe, Crown Solicitor •Paula Scully, Adult Guardian, and • Rod Newton, Acting Executive Director, PartnerOne (invited member). Key achievements in 2002-03: • introduced new policies relating to fraud control, protective security and access to departmental facilities • oversaw and implemented rationalisation of State Law Building accommodation to reduce annual rental costs • participated in risk assessment for Counter-Terrorism Risk framework for Queensland Government Agencies • oversaw the restructuring of the Justice Strategic Research Unit • endorsed departmental sponsorship of an Indigenous student through the Aboriginal and Torres Strait Islander Education to Employment Program • approved a program of senior executive visits to regional areas • oversaw the rotation of senior executive officers through the State Government’s Senior Executive and Senior Officer Mobility Program, and • reviewed and endorsed departmental policies relating to staff development through job rotation, a code of conduct for work experience participants and a trial of telecommuting, a work practice which aims to help staff balance work and family commitments. • reviewed and endorsed the Department’s Code of Conduct • reviewed and endorsed the Public Affairs Strategic Communications Plan 2002-03 and Publications Approval Guidelines
Department of Justice and Attorney-General Annual Report 2002-2003 31 People Management Committee The purpose of the People Management Committee is to lead the Department’s policy and strategy in all aspects of human resource management and fulfil the State Government’s initiatives in relation to equal employment opportunities and client service delivery. Membership of the People Management Committee as at 30 June 2003: • Dr Ken Levy, Director-General (Executive Chair) • Garry Hannigan, Executive Director, Legal and Corporate Services (Chair) • David Schulz, Acting Executive Director, Research and Executive Services •Garry Robinson, Acting Executive Director, Justice Administration •Ulla Zeller, Official Solicitor •Terry Ryan, Director, Strategic Policy • Ron Micola, Acting Court Administrator, Magistrates Courts, and • Andy Williams, Executive Manager, Human Resource Management Services (invited member). Key achievements in 2002-03: • updated the Department’s Code of Conduct •initiated a review of human resource policies • implemented a scholarship scheme throughout the Department • issued and updated the approved staff rewards and incentives scheme • implemented a departmental Health and Wellbeing program, and • approved and refined a Certificate of Appreciation for staff completing 20 years or more of public service.
Finance and Planning Committee The Finance and Planning Committee provides strategic financial advice to the Director- General, approves the overall strategic financial management of the Department and oversees the Department’s annual budget process. Membership of the Finance and Planning Committee as at 30 June 2003: • Dr Ken Levy, Director-General (Executive Chair) • David Schulz, Acting Executive Director, Research and Executive Services • Garry Hannigan, Executive Director, Legal and Corporate Services. •Garry Robinson, Acting Executive Director, Justice Administration •Patrick Morgan, Acting Director, Financial Services, and • Colin Jensen, Acting Director, Management and Operational Review. Key achievements in 2002-03: • oversaw the development and approval of the Department’s Strategic Financial Plan 2003-2007 • oversaw the implementation of an internal financial reporting and variance analysis system to complement the Department’s financial management practices • approved the strategy and development of asset (plant and equipment) renewal plans for all divisions • approved the Department’s internal user charging regime • established a review to align resource reporting with financial reporting, and • monitored departmental performance of recurrent and capital works programs.
32 Department of Justice and Attorney-General Annual Report 2002-2003 Policy and Legislation Committee The role of the Policy and Legislation Committee is to review the Department’s legislative and subordinate legislative program and statutory appointment process, ensure the Department discharges its legal and regulatory obligations and implement Cabinet and Government decisions and initiatives. Membership of the Policy and Legislation Committee as at 30 June 2003: • Dr Ken Levy, Director-General (Executive Chair) •Terry Ryan, Director, Strategic Policy (Chair) • David Schulz, Acting Executive Director, Research and Executive Services •Ulla Zeller, Official Solicitor •Patrick Morgan, Acting Director, Financial Services • Colin Jensen, Acting Director, Management and Operational Review, and • Helen Taylor, Cabinet Legislation and Liaison Officer. Key achievements in 2002-03: • coordinated and oversaw policy and legislation developments from across the Department, and • monitored the Department’s Cabinet Budget Review Committee process.
Information Management Committee The purpose of the Information Management Committee is to lead the development of the Department’s strategy in respect of information management and information technology, and foster an environment of innovation and adoption of new technology. The Department’s Information Management Framework (2002) defines the governance structures through which the Department will exploit technology to support and optimise operational efficiencies. Membership of the Information Management Committee as at 30 June 2003: • Dr Ken Levy, Director-General (Executive Chair) • Garry Hannigan, Executive Director, Legal and Corporate Services (Chair) • David Schulz, Acting Executive Director, Research and Executive Services •Garry Robinson, Acting Executive Director, Justice Administration •Ulla Zeller, Official Solicitor • Ray Millman, Acting Director, Information Management •Patrick Morgan, Acting Director, Financial Services • Colin Jensen, Acting Director, Management and Operational Review •Paul Davey, Executive Manager, Crown Law • Ian McGoldrick, Executive Manager, Public Affairs • Denis Luttrell, Director, Information Management, Queensland Police Service, and • Manager, Information Systems, Internal Audit (invited member).
Department of Justice and Attorney-General Annual Report 2002-2003 33 Key achievements in 2002-03: • oversaw the development and roll out of the Windows XP standard operating environment for all departmental desktop computers and establishment of enhanced information storage requirements • oversaw the upgrades of several departmental computer systems including the Queensland Wide Interlinked Courts (QWIC) system and the State Penalties Enforcement Registry (SPER) system • oversaw the continued development of the Higher Courts IT systems • approved development of business cases to determine the State Reporting Bureau’s future technology directions and the requirements for a case management system for the Office of the Director of Public Prosecutions • approved investment in a number of security initiatives to enhance the Department’s compliance with whole-of-government information standards, and • monitored the performance of whole-of-government IT and information management strategies, including Access Queensland, Integrated Justice Information System (IJIS) and the Aligning Services and Priorities Shared Services initiative.
Audit and Risk Management Committee The principal role of the Committee is to act as an independent advisory service to the Director-General in order to assist in the effective discharge of the responsibilities prescribed in the Financial Administration and Audit Act 1977, the Financial Management Standard (FMS) and other relevant legislation. Membership of the Audit and Risk Management Committee as at 30 June 2003: • Dr Ken Levy, Director-General (Executive Chair) •Ulla Zeller, Official Solicitor (Chair) • David Schulz, Acting Executive Director, Research and Executive Services • Garry Hannigan, Executive Director, Legal and Corporate Services •Garry Robinson, Acting Executive Director, Justice Administration • Graham Carpenter, Partner, BDO Kendalls Chartered Accountants, an external independent member, appointed on a two-year basis •invited members including the Executive Director, PartnerOne; Director, Financial Services; Director, Management and Operational Review; Executive Manager, Internal Audit; Manager, Information Systems, Internal Audit; Director Audit, Queensland Audit Office and Audit Manager, Queensland Audit Office. Key achievements in 2002-03: •reviewed and endorsed the 2002-03 Internal Audit Plan and the 2003-06 Strategic Internal Audit Plan • reviewed and assessed the progress of internal audit work and performance against the 2002-03 Internal Audit Plan • reviewed the quality of internal audit reports and management action taken in respect to audit recommendations raised • monitored the implementation of recommendations raised by the Queensland Audit Office • reviewed the draft 2001-02 departmental financial statements in terms of their adequacy and presentation • reviewed departmental risk management planning, monitoring and reporting processes, and • reviewed and monitored the progress of the Department’s privacy implementation plan.
34 Department of Justice and Attorney-General Annual Report 2002-2003 Agency Consultative Committee The State Government Departments Certified Agreement 2000 provides for a consultative framework that includes a Central Peak Consultative Committee and an Agency Consultative Committee for each agency covered by the agreement. The Agency Consultative Committee is the Department’s principal consultative body for unions and management. Its functions include implementation of the agreed training agenda, dispute resolution, consultation on industrial issues, reviewing the use of temporary and casual employment and agency implementation of other aspects of the certified agreement. The Committee met nine times in 2002-03. Key achievements in 2002-03: • oversaw assessment and implementation of remuneration benefits to eligible employees at AO2, AO3 and AO4 classifications or equivalent fulfilling certain study requirements, in accordance with Part 5 of State Government Departments Certified Agreement 2000, and • undertook constructive discussion towards resolving a range of industrial issues involving workplace health and safety, award interpretations and conditions of employment across the Department.
Department of Justice and Attorney-General Annual Report 2002-2003 35 Corporate governance framework
36 Department of Justice and Attorney-General Annual Report 2002-2003 Internal controls
Internal controls are a system of inbuilt checks that allow us to monitor our performance as we work. There are three fundamental reasons for establishing such a system. These are: • to ensure that the Department’s resources are deployed in the most appropriate manner • to guarantee the reliability of accounting information, and • to meet legislative requirements. The Department’s internal control system provides reasonable assurance that: • the way we conduct our activities helps us achieve the agency’s objectives and to deliver our services efficiently, avoiding waste, extravagance and sources of risk or potential loss • error, fraud and other irregularities are prevented as far as possible and promptly detected if they occur • assets are safeguarded from unauthorised use or disposal and are adequately maintained • operational activities and individual transactions are complete and accurately reflected in the accounting period that they relate to, and • information about financial management is timely, relevant and presented fairly.
The internal control structure The internal control structure achieves these objectives by ensuring that an effective control environment is in place throughout the Department and that reliable information systems are functioning. The structure consists of: • defined accountabilities within the management structure • an up-to-date Financial and Administrative Procedure Manual • an effective system of delegation of responsibility • systems appraisals, and • an internal audit function (compliance and systems based).
How the management structure contributes to internal control The Department’s management structure reinforces the internal control structure. The Executive Management Group and supporting committees provide effective leadership to the Department and oversee risk management, strategic and operational planning, fiscal discipline and procedures for managing all department resources effectively.
Department of Justice and Attorney-General Annual Report 2002-2003 37 The Financial and Administrative Procedure Manual The Department has a fully functional Financial and Administrative Procedure Manual, which is available to all its officers. The manual is updated regularly to ensure the procedures and policies it describes reflect the current legislative requirements and departmental policies. Officers are required to routinely utilise this manual.
Delegation of responsibility Delegation of responsibility is a fundamental tool of corporate governance. Our Department has established a system of delegation in the areas of finance, procurement and human resources. The system is designed to ensure that the assigned delegations enable officers to perform their duties effectively, while achieving a maximum level of segregation of function, to minimise the risk of fraud and error. The appropriateness of these delegations are reviewed regularly.
Systems appraisals Systems appraisals are conducted at least once every three years to ensure the integrity of the systems in operation. These appraisals: • assess the appropriateness and functioning of procedures and internal controls • seek to improve existing work practices and identify opportunities for the introduction of new technology. The appraisals help management identify potential risks and develop more effective, efficient and economical procedures that in turn improve departmental outcomes.
Internal audit The Department has established an independent Internal Audit Branch that reports directly to the Director-General. The Branch operates under a formal charter approved by the Director-General and its activities are monitored by the Audit and Risk Management Committee. Internal Audit regularly assesses the effectiveness, efficiency and economy of the Department’s financial and operational systems and, on the basis of these assessments, makes recommendations to the Director-General.
Risk management The Department’s Risk Management Strategy provides a framework for identifying, prioritising and managing risk. Risk management is monitored on a quarterly basis with progress reports submitted through the Audit and Risk Management Committee to the Executive Management Group. The Management and Operational Review Branch conducted the 2002-03 departmental risk management process in line with the guidelines established in the Australian/New Zealand Standard AS/NZS4360:1999.
38 Department of Justice and Attorney-General Annual Report 2002-2003 The outcomes of the process were: • enhancement of the content and improved use of the Department’s risk management policy and guidelines, developed for managers and line managers • Internal Audit prepared an annual review of the 2002-03 risk management process that incorporated potential risk exposures not previously captured in individual risk registers, and • establishment of a Risk Management Steering Group to oversee and manage operation of the risk management process and develop means of reducing identified risk. The group reports quarterly to the Audit and Risk Management Committee.
Ethics and culture Departmental employees at all levels throughout the agency are expected to be committed to performing their role with a high level of professionalism, integrity and diligence. Our Code of Conduct underpins this commitment. The Code identifies the standard of conduct expected of all staff employed in the Department, as well as the mechanisms for dealing with actual or potential ethical problems that can arise in the workplace. It also sets out the proper processes for dealing with breaches of the Code. New recruits are briefed on the Code of Conduct during their induction program. Staff have access to the Code on JAGNET, the Department’s intranet site, while the public has access through our external website. The Code was reviewed during the year to ensure that it complied with all current public sector policies and guidelines and was updated to meet departmental requirements. The Equity Contact Officers’ Network was also reviewed and the EEO Management Plan 2003-2005 was compiled.
Whistleblower protection The Department understands the importance of eliminating unlawful, negligent and improper conduct from the workplace. In accordance with the requirements under the Whistleblowers Protection Act 1994, the Department protects any employee who discloses any improper conduct affecting the public sector, any danger to public health or safety, or any danger to the environment. The Department has a Whistleblowers’ Support Service, accessible to staff throughout the State, which advises and helps any employee wishing to make a public interest disclosure. The policy and procedures are also readily available to all staff through JAGNET. The policy is also closely linked to the Code of Conduct and to the policy and procedures on official misconduct. There were no public interest disclosures made in the Department in 2002–03.
Department of Justice and Attorney-General Annual Report 2002-2003 39 Internal audit report
The Department’s Internal Audit Branch operates as an independent unit under the powers of section 36(3) of the Financial Administration and Audit (FA&A) Act 1977, Part 5, Division 4 of the Financial Management Standard 1997 and the Internal Audit Charter approved by the Director-General. Internal Audit is an integral part of the corporate governance framework of the Department and helps maintain effective systems of accountability and control at all levels of the organisation. The Branch also adds value to the work of management and staff. This is achieved by appraising the adequacy, effectiveness and efficiency of departmental operations, systems, procedures and internal controls so that the Director-General, management and staff fulfil their obligations and achieve corporate goals and strategies. Staff are qualified and experienced auditors who are certified practising accountants and/or certified information systems auditors and/or members of the Institute of Internal Auditors.
Reporting independence Internal Audit reports directly to its first client – the Director-General – on both audit and administrative matters. This ensures the Branch’s independent status within the Department, which enables it to preserve its integrity and maintain a strong position as a fundamental part of the corporate governance framework. A corresponding reporting and accountability relationship with the Audit and Risk Management Committee further strengthens this independence.
Relationship with the Audit and Risk Management Committee Although acting independently of the Audit and Risk Management Committee, Internal Audit has a standing invitation to attend committee meetings. The committee acts as a forum for dialogue between the Director-General, executive management and the internal and external audit functions. This facilitates a better awareness of each party’s responsibilities and a more efficient and coordinated audit and risk management process. The committee also has a role in ensuring the Branch’s effectiveness. The Branch provides its strategic and operational plans and reports to the committee so they can be reviewed by an independent group with extensive knowledge and diverse skills.
Relationship with the Queensland Audit Office Internal Audit liaises regularly with the Queensland Audit Office to ensure that there is adequate audit coverage across the Department, as well as to discuss matters of mutual interest.
40 Department of Justice and Attorney-General Annual Report 2002-2003 Scope of activities In accordance with the approved Internal Audit Charter, the Branch conducts the following activities: • Financial compliance audits – to ascertain the extent of operational compliance with established policies, procedures and legislation. covering all aspects of departmental operations and financial systems, including court offices, across the State. • Operational audits – to evaluate the effectiveness and efficiency of systems and the economic use of resources. • Financial Statement review – to ensure, by working with the Queensland Audit Office, that the Department’s annual financial statements have been prepared in accordance with legislative and other set requirements. •Information technology (IT) and information system (IS) audits - to gauge the adequacy and effectiveness of departmental information technology and systems. •Advisory services – to provide assistance and advice to management on issues relating to: - financial administration and management - systems of internal control - probity and accountability requirements, and - other business issues. • Other audit activities: - carrying out special appraisals, investigations or reviews requested by the Director-General - reviewing departmental risk management processes, including risk registers - inspecting public accountants’ trust accounts under the Trust Accounts Act 1973 - developing and revising annual and strategic audit plans - formulating and updating audit manuals and test programs - consulting with the Audit and Risk Management Committee and Queensland Audit Office on financial and audit matters, and - monitoring the implementation of previous internal and external audit recommendations.
Planning Internal Audit uses a well-structured planning process to ensure its resources are used in the most efficient and effective manner. There are three key elements in the audit planning process: •a four-year strategic audit plan, updated annually and based on a risk assessment of each area of the Department. • an annual audit plan that lists and prioritises the individual audits to be conducted over the next year. • individual audit plans or terms of reference for each audit to be performed under the annual audit plan.
Department of Justice and Attorney-General Annual Report 2002-2003 41 During the preparation of audit plans, the Branch consults with the Director-General, the Audit and Risk Management Committee, senior departmental management and the Queensland Audit Office.
Audit Activity 2002-2003 Financial compliance and operational audits Information system audits Financial statement reviews System development reviews Advisory services Other audit tasks
Report on activities, achievements and performance in 2002-03
Audits and reviews Internal Audit conducted more than 45 audits, reviews and investigations during 2002-03. This work included reviews of: • 2001-02 departmental financial statements • State Penalties Enforcement Registry (SPER) • Supreme, District and Magistrates Courts • property, plant and equipment • sensitive and unusual payments • purchasing •the electronic leave system • departmental risk registers • the Central Finance Facility • the Queensland Wide Interlinked Courts (QWIC) system • public accountant trust account investigations • new systems under development and a range of follow up audits.
Key achievements Internal Audit’s achievements in 2002-03: •developed a cost effective internal audit model for the shared corporate services provider, PartnerOne • prepared an internal audit charter and audit committee charter for PartnerOne • formulated and implemented an Internal Audit Advisory Group for PartnerOne and client agencies • formulated annual audit plans for the Department and PartnerOne • contributed to the development of new systems under development, such as the Queensland Wide Interlinked Court System financial module, and the Births, Deaths and Marriages integrated business system • contributed to enhancement of departmental IT systems including Justices of the Peace and Employee Self Service systems, and •refined Computer Assisted Audit Techniques (CAATs) to analyse IT systems.
42 Department of Justice and Attorney-General Annual Report 2002-2003 Performance Internal Audit’s performance can be summarised as follows: • achieved work targets by completing more than 80 per cent of the approved annual audit plan • achieved a high level of effectiveness by having 95 per cent of audit recommendations accepted for implementation by management, with most recommendations subsequently implemented • achieved high productivity, with 85 per cent of auditor time dedicated to planned audit and review projects, and • received consistently positive feedback from the Director-General, the Audit and Risk Management Committee and departmental clients throughout the year.
Future plans Internal Audit will undertake the following key tasks in 2003-04 • define and map internal audit responsibilities between the Department and the shared service providers PartnerOne and CorpTech, which resides within Queensland Treasury, in order to ensure best use of audit resources and minimise duplication of effort • link departmental internal audit planning processes with those of the shared service providers to ensure cost-effective coverage of core services processes and systems. • report on management progress on implementing audit recommendations • prepare and revise annual and strategic audit plans • develop audit tests programs for key departmental IT systems including the integration of computerised audit testing and queries, and • contribute to development and upgrade of IT systems with a particular focus on change control management.
Department of Justice and Attorney-General Annual Report 2002-2003 43 Our people Organisation and people development
As at 30 June 2003, there were 2,362 people working in the Department. The representation of women working in the Department increased to around 66 per cent of the total workforce, up from around 62 per cent in 2001-02. On 30 June 2003, women occupied 23.25 per cent of senior officer and senior executive positions, up from 21.8 per cent in the previous year.
Structure and governance The Department underwent a structural change in 2002-03, with the creation of a new division, Research and Executive Services. This group comprises Strategic Policy, Justice Strategic Research Unit, Executive Services, Public Affairs, Management and Operational Review and the Office of the Queensland Law Reform Commission. Formation of the new group was a logical progression of the Department’s corporate governance framework, enabling those areas primarily concerned with external scanning, research and policy development, corporate planning and communications to develop closer working relationships, resulting in a stronger focus on the long-term strategic direction of the organisation.
Equity in the workplace The Department is firmly committed to achieving a diverse and equitable workplace free from discrimination and harassment. Our Equal Employment Opportunity (EEO) Management Plan 2003-2005 underpins the Department’s activities to ensure that staff are not disadvantaged in their ability to compete on merit for positions or promotion, and that staff have access to EEO information and appropriate training. A breakdown of the Department’s EEO profile for 2002-03 is provided in Appendix 2. Equity awareness sessions are conducted every four to six weeks and include information on workplace bullying, discrimination, sexual harassment and disability information. The sessions involve facilitators from the Anti-Discrimination Commission Queensland and Disability Services Queensland.
Department of Justice and Attorney-General Annual Report 2002-2003 45 There are 62 trained Equity Contact Officers (ECOs) currently working in the Department, including representatives from many regional areas and male and female officers of varying classifications and professions. The ECO network and information is advertised through JAGNET to assist staff in accessing the service. The Department continues to provide information on the Employee Assistance Program. All staff, regardless of the nature of their employment, may access counselling sessions with the Department’s service provider to obtain assistance with work or family issues.
Organisational Chart
46 Department of Justice and Attorney-General Annual Report 2002-2003 Employee training and development
Full-time and school-based traineeships The Department maintained its outstanding efforts in participating in the Government’s ‘Breaking the Unemployment Cycle’ initiative in 2002-03. The Department recruited 55 full-time trainees and 12 school-based trainees. The majority of trainees were younger people and were mainly employed in the courts in metropolitan and regional areas such as Atherton and Thursday Island. Most of the 55 full-time trainees were selected on-line from the Apprenticeships and Traineeships Internet Registration Facility, a database where people seeking traineeships can register and employers can shortlist suitable applicants to interview. The trainees were employed for 12 months and spent four days a week at work and one day a week at a TAFE or other college working towards completing a Certificate II or Certificate III in Business (Office Administration). Following completion of the traineeship, the Department offered the trainees positions within the agency or actively helped them obtain a job elsewhere. The Department continued its participation in the School-Based Traineeship Program in 2002-03 by employing 12 new trainees to complement the existing 12 school-based trainees currently in their final year. The Department intends to employ more school-based trainees at the beginning of 2004. School-based trainees worked one day a week and attended college one day a week towards completing a Certificate II in Business (Office Administration).
Valuing people The Department continues to be committed to ensuring the wellbeing of staff and to providing a positive and rewarding work environment. During 2002-03 work started on a departmental Health and Wellbeing Program which addresses issues such as healthy living, motivation, career development, harmonious work relations, training and other initiatives directed at the promotion of organisational wellbeing. During 2002-03, the newly established Workforce Planning Unit assisted employees with advice and support on career and development issues. This included providing opportunities for employees to work in different areas of the Department to further their skills and experiences of departmental operations. These developmental placements enabled employees to pursue career goals and increased the overall capacity of the Department’s workforce to meet client demands. The Department has also embraced flexible work practices as part of its strategic management to recognise the value of employees and to respond to the changing trends in our society and workplace. Through part-time arrangements, job sharing, and flexible hours, employees are better able to balance the often competing responsibilities of work and family. Through a Study and Research Assistance Scheme (SARAS) employees were assisted with studies and research that contribute to the achievement of the Department’s goals and at the same time provide opportunities for employees to improve their vocational skills.
Department of Justice and Attorney-General Annual Report 2002-2003 47 In a number of areas, Workforce Development Teams have been established to focus on developing employees through specific training and development programs. The teams also work on solving particular problems affecting individual work areas, the results benefiting clients and employees. In 2002-03, the Department was committed to recognising and rewarding personal achievement and milestones in the workplace through a rewards and incentive program. With the development of the Department of Justice and Attorney-General Service Award, employees are recognised for their commitment to departmental values, particularly in terms of quality client services to internal and external clients. A significant number of employees were also recognised for their years of service and presented with certificates. The Department also continued to maintain its responsibilities in terms of maintaining a safe working environment for all staff. A Workplace Health and Safety Committee provided guidance and direction to prevent injury and illness, assisted by Workplace Health and Safety Officers across the Department and the State. Through regular workplace audits, any hazards are identified and staff are informed about workplace, health and safety issues. Importantly, the Department developed a 10-Day Injury Management Plan which ensures early intervention and provides processes to be followed in the case of an employee being ill or injured in or outside the workplace. Work has also begun on a departmental Health and Wellbeing website which will provide access to information and services to assist employees to make choices about healthy living. The development of the site aligns with the Department’s commitment to ensuring staff are equipped to meet the demands of clients and a changing work environment.
Developing skills The Department provides corporate training and development opportunities through the Justice Skills Development Centre (JSDC). Most courses are offered in a modular, half-day format. The JSDC offered 228 modules during 2002-03 with a total of 2,452 participants attending one or more modules, compared with 1,520 employees the previous year. Of these, 360 employees came from regional centres compared with 192 employees in the previous year. A highlight of the year was the delivery of the induction program for PartnerOne, the shared service provider for our Department and other agencies including the Queensland Police Service, Department of Corrective Services, Department of Emergency Services, Electoral Commission of Queensland, Anti-Discrimination Commission, Prostitution Licensing Authority and Legal Aid Queensland. A total of 22 induction sessions were held in Brisbane and nine regional locations for about 300 staff. The JSDC also administered the Public Service Training Package. This package, now in its third year, provides fully funded certificate-level training for employees at AO2 and AO3 classifications or equivalent and diploma-level training for employees at the AO4 classification or equivalent. During the year, 53 employees enrolled in one of the qualifications offered with six employees completing their course of study. From July 2004, under Enterprise Bargaining IV, the Department will pay for eligible employees at the AO2 classification to complete a Certificate IV level qualification.
48 Department of Justice and Attorney-General Annual Report 2002-2003 The JSDC provided training in the use of Employee Self Service to Brisbane staff. The Department’s Indigenous Cultural Awareness training sessions have been attended by over 167 staff since October 1999, with sessions held in Brisbane and in regional locations including Cairns, Toowoomba and Townsville.
Deployment and voluntary early retirements A total of 45 people retired voluntarily from the Department during 2002-03, resulting in a total of $1,461,785 in payments.
Women’s initiatives
In 2002-03, the Department implemented or continued initiatives to enhance employment and advancement opportunities for women. These included: •Workplace Bullying and Equity Awareness Sessions Specific information on workplace bullying has been incorporated into the Equity Awareness sessions run by the Department with the aim of raising awareness to help combat the prevalence of this practice as identified in national statistics. • Middle Management and Supervisory Development Programs Nine management and supervisory development programs were run in 2002-03, attended by 150 participants, including 90 women (or 60 per cent). • Traineeships The Department commenced 67 traineeships in 2002-03, of which 54 (or 80 per cent) were women.
Balancing Work and Family The Department undertakes other initiatives to promote a balanced work and family environment in addition to Equity Awareness sessions and induction sessions for new staff. The Department maintains a parenting room in the State Law Building with facilities for feeding, changing and breastfeeding. A Parental Information Package is available for women considering taking maternity leave to increase their awareness of options.
Department of Justice and Attorney-General Annual Report 2002-2003 49 Breakdown of women by salary level Level 1 Up to $23,181 63 Level 2 $23,182 - $34,279 762 Level 3 $34,280 - $40,885 195 Level 4 $40,886 - $47,671 207 Level 5 $47,672 - $54,603 116 Level 6 $54,604 - $61,673 90 Level 7 $61,674 - $69,161 59 Level 8 $69,162 - $75,579 20 SO1/SO2/SES $75,580+ 10 Note: The figures do not include Magistrates, Judges and other judicial officers.
Percentage of women on boards and statutory authorities
Tribunal/Board No. of Males Females members Number % Number % Anti-Discrimination Tribunal 6 3 50 3 50 Appeal Costs Board 3 2 67 1 33 Barristers’ Board 8 7 88 1 12 Children Services Tribunal 20 7 35 13 65 Council of the Queensland Law Society 18 14 78 4 22 Dispute Resolution Centres Council 5 4 80 1 20 Guardianship & Administration Tribunal 29 12 41 17 59 Justices of the Peace Advisory Council 9 4 44 5 56 Land and Resources Tribunal 3 2 67 1 33 Land Court 5 4 80 1 20 Land Tribunal – Aboriginal 3 2 67 1 33 Land Tribunal – Torres Strait Islander 1001100 Law Reform Commission 7 3 43 4 57 Legal Aid Board 5 2 40 3 60 Public Trust Office Investment Board 4 3 75 1 25 Queensland Gas Appeals Tribunal 6 5 83 1 17 Queensland Law Society Grants Committee 5 4 80 1 20 Salaries and Allowances Tribunal 3 1 33 2 67 Solicitors Board 7 3 43 4 57 Solicitors Complaints Tribunal 10 6 60 4 40
Shared Service Initiative The Shared Service Initiative is a whole-of-government approach to corporate services delivery. The vision is to provide quality and cost effective corporate support services to multiple customers from centres of excellence. This is achieved through consolidating corporate services functions in all agencies across government into five large-scale and two smaller- scale shared service providers and a technology centre of skill. These providers are hosted by an existing government department and provide services to a cluster of client agencies.
50 Department of Justice and Attorney-General Annual Report 2002-2003 Our Department is hosting one of the shared service providers as a separate business unit, known as PartnerOne. It will service 22,500 clients from government agencies including our Department, Queensland Police Service, Department of Corrective Services, Department of Emergency Services, Electoral Commission of Queensland, Anti-Discrimination Commission, Prostitution Licensing Authority and Legal Aid Queensland. The initial establishment of the shared service providers occurred on 1 July 2003, in accordance with the timetable approved by Cabinet on 16 December 2002. Many corporate services professionals in our Department who provide corporate services functions including finance, human resources (including payroll), and corporate systems support, transitioned to the agency’s shared service provider or technology centre of skill on this date. In addition, the assets and liabilities associated with the delivery of corporate services have been transferred to the new providers. PartnerOne will be reported separately in our Department’s 2003-04 Annual Report.
Delivering services in regional and rural areas The Department is committed to maintaining and enhancing facilities and service delivery throughout the State. Court sittings are held in regional centres throughout the State with: • 129 places appointed for holding Magistrates Courts — from Badu Island in Torres Strait to Hungerford in the south and Camooweal in the west •31 places appointed for holding District Courts — from Cairns in the north to Stanthorpe in the south and Mt Isa in the west •11 places appointed for holding Supreme Courts — from Cairns in the north to Southport in the south and Mt Isa in the west. The Department is implementing new information technology and other systems to enhance the efficiency and effectiveness of courts and tribunals throughout the State. The Queensland Wide Interlinked Courts computer system now links 83 court locations, while the Civil Case Register System will be extended to additional Magistrates Courts, including regional locations, in 2003-04. Court services have been upgraded with new technology including closed circuit television (CCTV) and videoconferencing facilities. CCTV facilities are now available in Supreme, District or Magistrates courts in locations including Caboolture, Cairns, Gladstone, Ipswich, Maroochydore, Maryborough, Mount Isa, Rockhampton, Southport, Toowoomba and Townsville. The use of this technology will be expanded to additional courts in regional centres in 2003-04. Drug Court pilot programs commenced at Beenleigh, Ipswich and Southport in June 2000 and were expanded to Cairns and Townsville in November 2002. The program seeks to divert people charged with offences, who have a related drug dependency, to a treatment program rather than through the prison system. This benefits the whole community by helping to reduce drug dependency and related criminal activities. The introduction of the Drug Court pilot into Townsville and Cairns has helped focus the development of community services, such as rehabilitation facilities, in these regional centres.
Department of Justice and Attorney-General Annual Report 2002-2003 51 The Department is also the lead agency for 14 of the 67 Queensland Government Agent Program offices that operate across the State, providing services on behalf of a number of other government departments. The Office of the Director of Public Prosecutions operates in the following centres outside Brisbane: Beenleigh, Cairns, Ipswich, Maroochydore, Rockhampton, Southport, Toowoomba and Townsville. In addition, Crown prosecutors, legal officers and clerks circuit to over 25 centres in regional and remote Queensland to deliver prosecution services. The Alternative Dispute Resolution Branch provides mediation and conflict management training in south-east Queensland and through its five regional centres in Cairns, Hervey Bay, Mackay, Rockhampton and Townsville. A freecall telephone number is available throughout the State. ADR conducted 57 per cent of its total mediations for 2002-03 outside south-east Queensland, in locations including Bundaberg, Cairns, Gladstone, Mackay, Rockhampton and Townsville. The Office of the Adult Guardian’s Community Visitor Program visits adults with an impaired capacity at their supported accommodation to protect them from abuse, neglect and exploitation. Over 60 per cent of the sites visited in 2002-03 were located outside of the Brisbane metropolitan area. In 2002-03, over 35 per cent of Guardianship and Administration Tribunal sittings on new applications were held in regional locations throughout Queensland. The Office of the Public Advocate is committed to advocating for improved services and facilities for people in regional Queensland who have impaired decision-making capacity. During 2002-03, the Office conducted 13 public meetings in regional areas, including Atherton, Bundaberg, Cairns, Gympie, Hervey Bay, Innisfail, Maroochydore, Maryborough, Mount Isa, Toowoomba and Townsville. The meetings helped educate the public about the Office and its role, improve the Office’s understanding of issues being faced in regional areas and establish regional networks.
52 Department of Justice and Attorney-General Annual Report 2002-2003 Community engagement
The Department is committed to increasing its engagement with Queensland’s communities to foster a better quality of life through development of laws and provision of services that protect people’s rights and reflect community values. Members of the public – both individuals and organisations - are often invited to make comments or submissions to the Department on a variety of projects and documents as part of the consultation process when laws and policies are being developed or reviewed. Discussion papers, draft bills and taskforce information can be accessed on the Department’s internet site, along with details on how to make a submission. The public can make written or electronic submissions and can subscribe to receive email notification of any new projects or discussion papers added to the website. During 2002-03, the public were able to make submissions in relation to the proposed Recording of Evidence Amendment Regulation 2003, Births, Deaths and Marriages Registration Bill 2003, Civil Liability Bill 2002 and Evidence (Protection of Children) Amendment Bill 2002. As part of legislative and policy development, departmental officers routinely consult with a wide range of interested parties, including members of the judiciary, professional associations and peak industry and consumer bodies about specific proposals. The Department also seeks public input from communities in relation to new capital works projects. Plans for projects such as new courthouses are put on display to give members of the public an opportunity to view the proposed facilities and provide comment and feedback. The public have been invited to comment on the new Brisbane Magistrates Courts building, Western Districts courthouse at Richlands and the Caloundra and Mackay courthouses. The Department provides a range of services to Queensland communities aimed at improving quality of life through protecting and promoting individuals’ rights. Community engagement is an integral part of the development and delivery of these services and the activities undertaken by various sections of the Department are outlined in more detail in the performance section of this report. Specific departmental initiatives involving Aboriginal and Torres Strait Islander communities are detailed in the following section of this report.
Department of Justice and Attorney-General Annual Report 2002-2003 53 Indigenous initiatives
The Department is committed to progressing the recommendations of the Royal Commission into Aboriginal Deaths in Custody and working with Aboriginal and Torres Strait Islander communities to reduce the representation of Indigenous people in the criminal justice system. The Department aims to achieve this by removing impediments to Indigenous participation in the administration of justice, improving accessibility and the utilisation of effective justice-related programs and services, delivered in partnership with the communities. The Department is an active participant in the ‘Meeting Challenges, Making Choices’ (MCMC) strategy, which involves the Queensland Government and Indigenous communities working together to address a range of issues affecting Aboriginal and Torres Strait Islander people. The strategy identifies crime and justice as one of eight key priorities which need to be addressed to improve quality of life in Indigenous communities. The Department meets with Indigenous groups on a regular basis to progress relevant issues and, as part of the MCMC strategy, our Director-General has taken on the role of “Government champion” for the Woorabinda community. Woorabinda is located in Central Queensland, around 170km west of Rockhampton. In his role, the Director-General is responsible for developing partnerships and relationships with community leaders and key stakeholders, as well as negotiating with other government agencies to improve service delivery and help achieve community priorities. The Director- General has already made several productive visits to Woorabinda, discussing issues affecting the community and local initiatives.
Torres Strait Justice Negotiation Table The Department is a member of the Torres Strait Justice Negotiation Table, established in 2001 as part of the ‘Towards a Queensland Government and Aboriginal and Torres Strait Islander Ten Year Partnership’ to specifically address justice issues relevant to islander communities. Also represented at the table are the various councils of the Torres Strait islands, the Island Coordinating Council (ICC), Department of Aboriginal and Torres Strait Islander Policy, Department of Corrective Services, Department of Families, Department of the Premier and Cabinet and Queensland Police Service. The aims of the negotiation table include: • increasing availability and use of alternatives to court and use of community-based sentencing options • increasing people’s understanding of their legal rights, legal procedures and forms of support • improving effectiveness of legal assistance, including access to courts, and •improving effectiveness of intervention for young people at risk in becoming involved in the criminal justice system.
54 Department of Justice and Attorney-General Annual Report 2002-2003 The first meeting of the table was held in October 2002 on Thursday Island at which members considered a draft action plan developed in line with the Queensland Government and Aboriginal and Torres Strait Islander Justice Agreement. This agreement aims to reduce the number of Indigenous people in custody by 50 per cent by 2011.
Enhancing services for Indigenous people The Justices of the Peace (JPs) Branch provides training to establish Magistrates Courts constituted by local Justices of the Peace (Magistrates Court) in remote Indigenous communities. Establishment of these Magistrates Courts allows greater access to the justice system for remote Aboriginal and Torres Strait Islander communities by enabling these communities to deal with certain types of matters including simple offences, domestic violence protection orders, by-law offences and bail applications. Apart from constituting a court on a regular basis the appointed Justices of the Peace are also able to perform other duties for community members including the witnessing of documents such as statutory declarations, affidavits, search warrants, wills, enduring powers of attorneys, advanced health directives, bail documents and participating, if required, in police interviews. Ongoing support and training is provided for Badu Island, Bamaga, Hope Vale, Kowanyama, Pormpuraaw, Thursday Island, Woorabinda, Wujal Wujal and Yarrabah by the JPs Branch to ensure the continued success of this program. During 2002-03, the training program was extended and completed on Aurukun, Mornington Island, Naprunum, New Mapoon, Old Mapoon and Palm Island. The training program will commence in the Aboriginal community of Cherbourg in early 2003-04. A further 20 Justices of the Peace (Magistrates Court) have been registered and are among 157 Indigenous Justices of the Peace working in the administration of justice in remote Indigenous communities. The Department maintains Community Justice Centres in three Indigenous communities to help increase participation in the administration of justice. The centres are also used by the local community to hold meetings and convene a Magistrates Court constituted by Justices of the Peace. Community Justice Centres have now been established in Kowanyama, Bamaga and Pormpuraaw. The Office of the Director of Public Prosecutions (ODPP) provides information and support to the victims of personal violence within the communities of Thursday Island, Aurukun and Kowanyama. ODPP coordinates a Community Outreach Program operating within these communities, which includes the employment of a victim liaison worker in each community. A full-time community outreach worker based in Cairns facilitates coordination of the program. The Alternative Dispute Resolution Branch continues to provide specialist mediation services and advice to Indigenous communities, maintaining a panel of Indigenous mediators. Indigenous mediators are based throughout the State, ensuring culturally appropriate mediation services are made available.
Department of Justice and Attorney-General Annual Report 2002-2003 55 The Department’s Indigenous Information Group meets regularly to share projects, information and contacts connected to or involved with Aboriginal and Torres Strait Islander people and their communities. The group also considers opportunities to expand the role of Indigenous people within the Department and provide solutions to issues. Among the issues the group is addressing is that of Indigenous people who have outstanding fines lodged with the State Penalties Enforcement Registry (SPER). Group members are developing a statewide solution to allow recipients of Community Development Employment Program (CDEP) payments to make regular deductions to pay off their fines. This initiative is similar to another scheme currently available to individuals receiving Centrelink payments.
Enhancing employment opportunities The Department awarded its first scholarship under the Aboriginal and Torres Strait Islander Education to Employment Scheme during 2002-03. The scheme aims to increase training and employment opportunities for Indigenous students by offering them practical study support and financial assistance from Year 10 to Year 12. Year 10 student Felicity Duffey of Dirranbandi received her scholarship at a presentation at Parliament House in April. Dirranbandi is located about 600km west of Brisbane. As the selected scholarship holder, Felicity receives a grant from the Department for three years and the services of a departmental mentor to give advice and support and arrange work experience and vocational employment. Felicity’s mentor is our Department’s Traineeship and Indigenous Program Coordinator Andrea Henson. Ms Henson is of Torres Strait Islander descent and has specific knowledge and understanding of the problems encountered by young Indigenous people. Our Department is one of nine government departments offering the scholarships. The Department also participated in the Indigenous Careers Expo 2002, providing Aboriginal and Torres Strait Islander students with information on career and employment opportunities within our organisation.
56 Department of Justice and Attorney-General Annual Report 2002-2003 Multicultural Services
Courts and tribunals The Courts Division provides a number of services to enhance access to services for people from non-English speaking backgrounds. These include: • providing free translation and interpreter services via the phone at major court registries, with several larger courts in south-east Queensland installing dedicated lines for this purpose • meeting the cost of interpreters required by parties involved in criminal matters and domestic violence hearings • providing information in languages other than English for those affected by domestic violence (15 languages) and bail applicants (five languages), with brochures available in hard copy at all courthouses and on the Department’s website, and • providing free Auslan (Australian Sign Language) interpreter services for people with impaired hearing for criminal court matters. The Children Services Tribunal, Land and Resources Tribunal and Guardianship and Administration Tribunal (GAAT) provide similar services for their clients. GAAT uses teleconference facilities where interpreters are required but are unable to attend hearings held in regional Queensland. In 2002-03, interpreters with the following languages were used in GAAT hearings: Bosnian, Cantonese, Filipino, Finnish, German, Khmer, Russian, Serbian, Samoan, Vietnamese and Auslan.
Office of the Director of Public Prosecutions (ODPP) The ODPP employs a policy for engaging interpreters for victims and witnesses in the Supreme and District Courts. Legal staff and victim liaison officers are asked to ensure that interpreters from the Translating and Interpreting Service are engaged when the victim or the witness does not speak or understand English. The ODPP provides victims of crime with brochures in different languages to acquaint them with court procedures and what it means to be a witness in court. These brochures are also provided on request to interested organisations such as community agencies that support victims of crime. This ensures that people from non-English speaking backgrounds have access to information about the criminal justice system and the prosecution process.
Alternative Dispute Resolution Branch ADR has mediators from non-English speaking backgrounds and provides interpreters at no cost to the parties involved in the mediation process. The Branch also produces information brochures in languages other than English, including Chinese, Croatian, Serbian, Spanish and Vietnamese.
Department of Justice and Attorney-General Annual Report 2002-2003 57 Human resource management Training through the Department’s Justice Skills Development Centre (JSDC) is monitored to ensure that the needs of people from a non-English speaking background are met with regard to access and availability. JSDC also provides an email address where staff are able to give feedback or comments. Information to staff regarding the availability of the Study and Research Assistance Scheme (SARAS) is provided during induction sessions, with a particular focus on ensuring target groups are aware of the SARAS policy. Recruitment and selection procedures continue to be monitored to ensure that people from non-English speaking backgrounds can compete equally for appointment or promotion within the Department. Guidelines for composition of selection panels provide that at least one officer attend selection panel training. This training provides the panel members with information on equity and merit principles specifically relating to non-English speaking applicants. The Department continues to conduct regular management development programs and related courses and encourages attendance of target group members.
Freedom of information and privacy
Freedom of Information, commonly referred to as FOI, gives people the ability to access documents held by State Government departments, local authorities and most government agencies and statutory authorities. They can also apply for information about their personal affairs to be changed if they believe it is inaccurate. The Department’s Freedom of Information Unit deals with applications for access or amendment to documents and provides advice on FOI matters. The Unit received 225 new applications for access to departmental documents during 2002- 03. Of these, 164 applications were finalised, 59 were carried forward into 2003-04 and the remainder transferred to other agencies or were withdrawn. The Department granted access to 93 per cent of the documents upon which a decision was made, subject to the deletion of exempt matter in some cases. Most applications related to coronial files where inquests have not been held, files held by the Office of the Director of Public Prosecutions (ODPP) and, to a lesser extent, files of the Guardianship and Administration Tribunal and Crown Solicitor. About 90 per cent of applications received were from people or entities with a direct personal or commercial interest in the subject matter of the documents sought, for example, relatives of people whose deaths were reported to coroners, insurers subject to liability claims in relation to deaths and injuries or loss of property, and people who have had dealings with the ODPP. The unit developed training for public sector employees in conjunction with Crown Law and the Office of the Information Commissioner.
58 Department of Justice and Attorney-General Annual Report 2002-2003 Privacy In September 2001, the Queensland Government introduced a privacy scheme to be implemented throughout the Queensland public sector. Our Department has lead agency status for the implementation of the privacy scheme and has established a Privacy Unit to perform the functions associated with this role. The Queensland Privacy scheme regulates how personal information is collected, stored, used and disclosed by Queensland Government agencies. The scheme addresses community concerns about the loss, misuse or inappropriate modification or disclosure of personal information stored on printed and electronic databases. Personal information is any information that allows a person to be identified. It does not include information relating to either a deceased person or information that is publicly available. As part of a whole-of-government awareness campaign, the Privacy Unit produced and distributed privacy information brochures and posters to Queensland agencies. It also established a Privacy Contact Officers’ network and electronic discussion forum to facilitate exchange of information about privacy issues across government. Within the Department, the Unit developed guidelines to practically assist staff in applying the privacy policy to their work, and is developing resources to be used by managers. Privacy awareness sessions were conducted for departmental personnel working within the State Law Building in Brisbane and the Unit is formulating strategies to raise privacy awareness in suburban and regional offices. In 2003-04, the Privacy Unit will: • continue to assist agencies in implementing the privacy regime • ensure the public and departmental staff receive consistent treatment in relation to accessing and correcting records and receiving and resolving complaints • develop privacy policies and guidelines •provide ongoing education to the community and government agencies about privacy • provide input into new Government policy and legislative initiatives from a privacy perspective, and • report on implementation of the privacy scheme in the public sector in late 2003.
Department of Justice and Attorney-General Annual Report 2002-2003 59 Communication and education activities
The Public Affairs unit coordinates corporate communication services in support of the Department’s strategic plan. Public Affairs therefore focuses on communication projects that inform the public about their legal rights and seeks to increase access to the justice system by promoting the Department’s services. This year, Public Affairs began development of an agency-wide Communications Framework to further align the Department’s communication activities in support of its strategic goals and State Government priorities. As part of this process, Public Affairs worked to identify issues in regional areas as well as south-east Queensland. This year, the Department through Public Affairs worked to increase its level of engagement with Queenslanders by taking part in significant community events. For example, the Department’s stand at the RNA show was arranged to provide information about the justice system in an easy-to-access way. This included having officers from the Department and portfolio partners available for face to face advice, as well as providing a range of information in written and audio-visual formats. This method was used at other community events throughout the year such as Law Week and Youth Week.
Justice research
The Justice Strategic Research Unit (JSRU), established in late 2002, conducts research into criminal and civil justice matters in Queensland. This research informs our Department, other government agencies and the public about issues associated with delivering justice to the community. The unit is in its formative stages. As part of its research program, JSRU collects and analyses data on criminal and civil trends to gain a better understanding of the justice system and to contribute to formulation of policies to address and prevent criminal activity. It is anticipated that JSRU will have involvement in conducting longer-term research projects designed to help policy makers and administrators in the criminal justice system develop and implement strategies which reduce crime and provide a more efficient, effective and equitable justice system. The unit has developed material for the departmental website, which briefly explains or amplifies criminal statistical data. The unit also works with university researchers and other State and Federal Government agencies on projects of joint interest.
60 Department of Justice and Attorney-General Annual Report 2002-2003 Awards
Our individual award winners Our Department values the dedication and achievements of its people. The outstanding efforts of our staff were recognised in this year’s Australia Day Achievement Awards. Achievement Awards were won by the following staff:
Janelle Brassington - in recognition of outstanding and dedicated contribution to criminal law policy.
Neil Hansen - in recognition of outstanding and dedicated contribution to the enhancement of the jury service.
Dareyle Hester - in recognition of outstanding and dedicated contribution to the Magistrates Courts service in Cairns.
Ashley Hill - in recognition of outstanding and dedicated contribution to information technology operations.
Neale Hooper - in recognition of outstanding and dedicated contribution to Crown Law’s services, in particular the law relating to commercial dealings.
Susan Mackie - in recognition of outstanding and dedicated contribution to the provision of financial management services.
Colin Ross - in recognition of outstanding and dedicated contribution to community mediation.
Michael Sherwin - in recognition of outstanding and dedicated contribution to the Magistrates Courts service in Redcliffe.
Raymond Taylor - in recognition of outstanding and dedicated contribution to the services provided by the State Reporting Bureau.
James Wex - in recognition of outstanding and dedicated contribution to the Magistrates Courts Branch as a relieving Registrar.
Jenny Want - in recognition and appreciation of her dedicated contribution to the recognition, recording and control of departmental physical assets.
Department of Justice and Attorney-General Annual Report 2002-2003 61 Awards to the Department The State Penalties Enforcement Registry (SPER) was honoured at the Asia-Pacific Information Communication and Technology Awards, receiving the Excellence in ICT Government Business Improvement award in November 2002. The award recognised the outstanding achievements of SPER staff in designing and implementing a new and innovative fine enforcement system. The Department received an Award of Merit for the Department’s 2001-02 annual report at the Queensland Public Sector Annual Report Awards held in March 2003.
Workplace health and safety
The Department is strongly committed to providing a work environment that protects the health, safety and welfare of all employees, contractors, clients and visitors. The Department is placing renewed emphasis on the prevention, early identification and rehabilitation of injuries and is spearheading this initiative with the new Health and Wellbeing Program. This program coordinates the Department’s policies and strategies to ensure the welfare of employees, including an effective Workplace Health and Safety committee. The Department’s Workplace Health and Safety Committee met every month and was active across the whole organisation. In 2002-03, the Committee: • examined 90 incident reports and undertook remedial action to prevent such incidents from occurring again including: - investigation of acoustic shock incident reports involving telephones and the subsequent installation of sound shields - organisation of individual worksite assessments by occupational therapists • appointed nine additional first-aid officers, bringing the number of employees across the organisation with senior first-aid certificates to 38 • continued to appoint Workplace Health and Safety representatives across the Department, and • allocated $50,000 to address workplace health and safety issues across the Department.
62 Department of Justice and Attorney-General Annual Report 2002-2003 Energy and waste management
In recent years, the Department has taken major steps towards becoming a more energy- efficient and environmentally friendly organisation. A clear, detailed environmental policy statement has been developed with the aim of: • conserving energy • reducing waste • conserving scarce natural and cultural resources, including water, land and historic buildings and places. Energy audits have been conducted on every courthouse, Queensland Government Agent Program offices and storage facilities owned or administered by the Department. The key recommendations of the audit reports, which have been progressively implemented each year, are to: •improve maintenance practices • upgrade existing equipment to make it more energy-efficient • replace plant and equipment with the type that minimises energy consumption and provides the most cost-effective life cycle, and • change the way we operate our facilities by encouraging staff to conserve energy by turning off lights and equipment when they are not required. In the refurbishment or construction of new facilities, the Department employs comprehensive design standards that take into account: • whole-of-life-cycle costs •the amount of energy used to produce particular building products, and • the energy used to operate the facility. The Department undertakes an annual review of those standards to ensure that we keep pace with current technology and with international best practice for building systems such as ventilation, natural lighting and water management. Major upgrades and replacements with more energy-efficient plant and equipment have been incorporated into the design of projects to be commenced in 2003-04 at: •Western Districts Courthouse, Richlands in Brisbane’s south-west • Mackay Courthouse • Cooktown Courthouse. The Department also aims to ensure ecologically sustainable design principles are incorporated into the design of new and refurbished courthouses. The planning and design of the new Brisbane Magistrates Courts building, currently under construction, incorporates a range of ecologically sustainable design initiatives including: • mixed mode air conditioning systems that allow the full use of outside air when conditions are suitable • motion sensors in individual rooms to switch off lighting and turn down air conditioning when rooms are unoccupied, and • rainwater harvesting for re-use on site for landscape irrigation.
Department of Justice and Attorney-General Annual Report 2002-2003 63 During the year the Department also initiated a review of the way it purchases its electricity, including examining alternative energy suppliers, to see if additional savings can be achieved in the future.
Waste management The Department further developed its draft Waste Management Plan which has been prepared as required under the Queensland Environmental Protection (Waste Management) Policy 2000. Key aspects of the Department’s draft plan include: • development and implementation of practices that encourage efficient waste management practices and more efficient use of financial and other resources, and • use of materials and processes that reduce waste and/or allow for recycling to lessen the burden on landfills, waterways and sewerage systems. The Department is continuing to measure the type and volume of recycled material it generates as part of a review of its current recyclable waste management program. The review aims to identify opportunities for the Department to expand its recycling program and practices.
64 Department of Justice and Attorney-General Annual Report 2002-2003 Our performance Strategic Goal 1: Modernise the justice system
Key objective 1.1: Enhance access to justice through improved processes in the courts
Performance highlights in 2002-03: • Queensland courts achieved high levels of performance compared with other Australian States and Territories. The Report on Government Services 2003, released in February 2003, indicates finalisation rates within 12 months for: - Supreme Court Trial Division criminal cases: 95.3 per cent (89.2 per cent national average) - District Court criminal cases: 92.7 per cent (88.5 per cent national average) civil cases: 62.5 per cent (55.8 national average) - Magistrates Courts criminal cases: 98.1 per cent (96.3 per cent national average) civil cases: 95.4 per cent (93.3 per cent national average) The Court of Appeal achieved finalisation rates within 12 months of 98 per cent for criminal matters and 90.6 per cent for civil matters, both well above the respective national averages of 81.8 per cent and 83 per cent.
Department of Justice and Attorney-General Annual Report 2002-2003 67 100% Supreme Court – matters finalised within 6 months 2001-2002*
80%
National Average 66.5% 60% National Average 58.9%
40%
20%
0 Qld NSW Vic WA SA Tas ACT NT * Source: Report on Government Services 2003. 2001-02 is the latest national comparative data available. Criminal Civil
100% District Court – matters finalised within 6 months 2001-2002*
80% National Average 72.7%
60%
40%
National Average 25.4% 20%
0 Qld NSW Vic WA SA
* Source: Report on Government Services 2003. 2001-02 is the latest national comparative data available. Criminal Civil
100% Magistrates Court – matters finalised within 6 months 2001-2002* National Average 90.5% 80% National Average 86.3%
60%
40%
20%
0 Qld NSW Vic WA SA Tas ACT NT
* Source: Report on Government Services 2003. 2001-02 is the latest national comparative data available. Criminal Civil
** The Department uses different criteria for assessing criminal and civil case finalisation to those used by The Report on Government Services 2003. In the Supreme and District Courts, finalisation of criminal cases is determined from presentation of indictment to completion of trial or sentencing. In civil matters, finalisation is determined from the date when the Certificate of Readiness is lodged to completion of trial or date of settlement. In the Magistrates Courts, finalisation of criminal cases is determined from lodgment of the bench charge sheet to conviction or discharge of the matter. The figures include committal proceedings. Civil case finalisation is determined from lodgment of the matter to the date of judgment, dismissal, transfer or withdrawal.
68 Department of Justice and Attorney-General Annual Report 2002-2003 Higher Courts • Services to court-users were improved through enhancements to information technology facilities within the Higher Courts including introduction of: - eCourtroom, an electronic courtroom equipped with computers with secure Internet access and software for displaying evidence, to help reduce hearing times and reducing costs - eSearching, enables parties to access court files via the internet at any time and eliminates the need to attend a registry - eChambers, allows parties to electronically exchange certain information and eliminates the need to attend court hearings, and - eListing, enables lawyers to request a trial date without having to attend actual court proceedings. • Closed circuit television (CCTV) facilities and sound equipment were upgraded at Beenleigh, Brisbane, Gladstone, Ipswich, Maroochydore, Maryborough, Rockhampton and Southport. •A new civil case fee structure was implemented to differentiate individuals from corporations along with a process to consider exemptions for low-income earners, enhancing the fairness of the justice system. The structure will assist with cost recovery for court administration.
Magistrates Courts • An electronic lodgment facility for civil claims was implemented, enabling approved users to lodge civil and minor debt claims and requests for default judgment in the Magistrates Courts via computer. The e-lodgment system improves access to court services and eliminates the need to visit court registries to conduct some business. • Services and support for domestic violence clients were enhanced through introduction of a statewide training program for all court staff in relation to the widening of the domestic violence jurisdiction. More than 300 staff from 71 Magistrates Courts registries throughout Queensland have received training on the changes to domestic violence legislation. • The Queensland Wide Interlinked Courts (QWIC) computer system was enhanced to improve its financial reporting capabilities. QWIC registers all criminal and other matters and improves the ability to schedule cases, record court orders, receipt court payments and handle financial transactions. The system links 83 court locations. • The development of operating systems and procedures to support the services and functions of the Office of the State Coroner was commenced. The new office will coordinate Queensland’s coronial system under the management of the State Coroner. The coronial system reforms will: - focus on preventing deaths by identifying emerging trends or common causes - provide more support and increased information to families - engender greater sensitivity to different cultures and beliefs, and - pay special attention to deaths in custody.
Department of Justice and Attorney-General Annual Report 2002-2003 69 Court recording and transcription services •The State Reporting Bureau achieved very high standards: - accuracy of transcriptions: one written complaint received for the 856,200 pages transcribed - timeliness performance: 93 per cent of transcripts of proceedings recorded by the State Reporting Bureau made available within two hours of court adjournment. • Computer software was upgraded and an automatic information management system examined to enhance service and efficiency. • The Remote Recording and Transcription System (RRATS) was extended to Mackay, with the system now operating from six transcription centres across the State. RRATS provides an efficient alternative court reporting service in remote circuit court proceedings by using an audio recording of hearings held in 12 circuit courts.
Information management • The Department introduced a new standard operating system for information technology which has standardised and updated computer software and hardware, enhanced access to computer networks and helped reduce information management operating costs. • Enhancements were made to information management systems for the Alternative Dispute Resolution (ADR) Branch to enhance client case management and improve operational efficiencies.
Capital works projects • Initial works for the new Brisbane Magistrates Courts building in George Street began in September 2002. The building will open in 2004 and contain 25 court hearing rooms and accommodate the Brisbane Magistrates Courts, the Office of the State Coroner, the State Penalties Enforcement Registry (SPER) and the ADR Branch. • The upgrade and extension of the heritage-listed courthouse at Mackay began in February 2003. The upgraded facilities will include an extra Magistrates Courtroom, an extra multipurpose courtroom, registry offices, interview rooms, enhanced public spaces and improved facilities for child witnesses and victims of domestic violence. • Following the completion of design work, construction began on the upgrade of the existing Cooktown Courthouse in April 2003. The upgraded courthouse facilities will include an improved Magistrates Courtroom and registry offices, interview rooms, enhanced public spaces and improved facilities for child witnesses and victims of domestic violence. • In May 2003, construction began on the new Western Districts Courthouse at Richlands in Brisbane’s south-west. The new building will provide modern amenities to the community including Magistrates Courtrooms, chambers, registry, interview rooms, videoconferencing and domestic violence, victim support and prisoner holding facilities.
70 Department of Justice and Attorney-General Annual Report 2002-2003 Future plans:
Higher Courts • CCTV and videoconferencing technology will be further expanded to improve access to justice and protect vulnerable witnesses. CCTV facilities allow more vulnerable witnesses, such as children and sexual assault victims, to give evidence in private rooms. New CCTV facilities are planned as part of the upgrade to Hervey Bay courthouse, and CCTV or videoconference facilities will be installed at Beenleigh, Brisbane, Cairns, Gympie, Ipswich, Kingaroy, Mackay, Maroochydore, Rockhampton, Southport, Toowoomba and Townsville courthouses. • Court services will be further expanded and upgraded through the use of e-technology. The introduction of web based services will allow court users to access courts information online, enabling them to interact with the registry online and outside of normal business hours. • Improvements to Higher Court facilities, particularly those in the Brisbane Law Courts complex, will be given priority under minor works funding.
Magistrates Courts • The Civil Case Register System computer network, used for registering civil matters including small claims, will be extended. A further three Magistrates Courts will be linked to the system in 2003-04. The efficiency of the Court Registries will be enhanced by: - reducing data entry and paper files - increasing the hours during which filing can be made - allowing quicker filing and in real time, and - reducing workload of court staff in large courts. • CCTV or videoconferencing facilities will be installed as part of the construction of the new courthouses at Caloundra and Richlands and upgrade of the Cooktown courthouse. The technology will be implemented in a further 10 Magistrates Courts in Beenleigh, Brisbane, Cairns, Ipswich, Mackay, Maroochydore, Maryborough, Rockhampton, Southport and Townsville, increasing the total number of courts with such facilities to 17. • The Office of the State Coroner has been established and will begin operations, enhancing Queensland’s justice system through significant reform of the current coronial system. The new office will participate in the National Coronial Information System, an information database which can help detect national death trends. • The use of volunteer Justices of the Peace (JPs) will be trialled in courthouses in Beenleigh, Charters Towers, Gladstone, Hervey Bay, Innisfail, Ipswich, Maroochydore, Southport and Toowoomba to witness documents such as affidavits and statutory declarations. It is anticipated that the availability of JPs at courthouses will improve service to the public and enhance operational efficiencies.
Department of Justice and Attorney-General Annual Report 2002-2003 71 Court recording and transcription services • The State Reporting Bureau will expand access to transcription services through establishment of a transcription centre at Caboolture courthouse, providing services for Magistrates Courts proceedings and police records of interview. • The Bureau will further expand RRATS through the Caboolture courthouse transcription centre, providing reporting services for Higher Courts circuit sittings. •A technology review of operations will be undertaken to identify long-term service improvements that can be implemented in the courts, commissions and tribunals the Bureau supports.
Information management • The first phase of the Integrated Justice Information Strategy (IJIS) will commence. An initiative between the Department, Queensland Police Service, Department of Corrective Services and Department of Families, IJIS will improve the flow and sharing of information between agencies in order to: - achieve more effective policing - reduce delays in the justice system and speed up access to the courts - enhance the ability to identify more appropriate rehabilitation programs, and - improve the quality, accuracy and reliability of statistics used in evaluating current law and justice programs and improving public safety. During phase one, the Department will work with the Queensland Police Service to develop a means to electronically exchange police charge sheets and court results. • The maintenance and ongoing support of the QWIC computer system migrated back to the department from an external service provider in July 2003. This is expected to reduce the system’s ongoing operating costs.
Capital works projects • Capital works construction and other projects commencing in 2003-04: - extensions to the existing courthouse at Hervey Bay to provide a higher court room and associated facilities - construction of a new courthouse in Caloundra to provide two Magistrates Courts and associated facilities, and - master planning for the new courthouse at Thursday Island, to replace leased premises, followed by design, community consultation and construction. •Work will continue on the new Brisbane Magistrates Courts building, Western Districts Courthouse at Richlands, upgrade and extension of Mackay Courthouse and upgrade of Cooktown Courthouse.
72 Department of Justice and Attorney-General Annual Report 2002-2003 Strategic Goal 2: Protect the rights of consumers of legal services
Key objective 2.1: Ensure the legal profession operates in a transparent and accountable manner
Performance highlights in 2002-03:
Strategic Policy •A review of the legal profession was completed and a proposed regulatory framework was announced in May 2003. Reforms are aimed to raise professional standards, give consumers of legal services better access to the information about the profession, and provide an enhanced and independent complaints system. •Strategic Policy commenced a review in consideration of a Queensland Law Reform Commission report that recommended changes to the structure, powers and appointment of Justices of the Peace and Commissioners for Declarations.
Crown Law •Crown Law delivered 133,238 chargeable hours for legal advice and advocacy services to more than 220 areas of government. These legal services ensured that agencies exercised their powers and responsibilities in accordance with the law. Client feedback continues to rate Crown Law’s services very highly for assurance, reliability, responsiveness, empathy and value-for-money. •A comprehensive review of Crown Law’s organisational structure and systems was conducted to improve performance, efficiency and value-for-money for clients. A new structure, approved in December 2002, is being implemented. • Crown Law continued to focus on providing high quality services to clients, improving staff skills and using technology to enable staff to access precedent information and perform legal research. • Crown Law developed a business plan and implemented improved business systems to enhance service delivery to State Government departments and agencies. The business plan focused on operation of Crown Law as a professional law firm and improvement of business practice and client service delivery.
Department of Justice and Attorney-General Annual Report 2002-2003 73 Business system improvements included: - updating and enhancing electronic practice management and knowledge management systems, - streamlining payment tracking through debt recovery systems, and - knowledge sharing through internal communications systems. • Crown Law experienced more than a 13 per cent increase in demand for its legal services and conducted more than 6,000 matters on behalf of government clients.
Future plans: •Strategic Policy will introduce reforms to legislation regulating legal practice in Queensland to promote greater accountability and higher standards of conduct by legal practitioners, including the creation of an independent Legal Services Commissioner. •Strategic Policy will finalise a review in consideration of a Queensland Law Reform Commission report that recommended changes to the structure, powers and appointment of Justices of the Peace and Commissioners for Declarations. • Crown Law will continue implementation of its business plan and improved business systems to enhance client service. • Crown Law will introduce systems to enhance records management, client satisfaction evaluation and reporting, and quality management in line with Australian Quality Standards.
Key objective 2.2: Ensure consumers are educated about their legal rights
Performance highlights in 2002-03: • The Department successfully developed and distributed Crown briefings and presented Legal Education and Development seminars throughout Queensland on a range of important issues for the public sector such as intellectual property, moral rights, e- commerce and the Civil Liability Act 2003. The seminars were attended by over 200 people. • Client accessibility to information about legal issues and Crown Law services was enhanced through the Queensland Government’s intranet site, GovNet. • The Department established an information kiosk on the ground floor of the State Law Building in December 2002. The kiosk is a first point of contact for visitors to the building who are seeking information on various departmental services. Brochures and fact sheets about services offered by the Department and associated portfolio agencies on topics including mediation, Justices of the Peace and powers of attorney are available free of charge.
74 Department of Justice and Attorney-General Annual Report 2002-2003 • Public Affairs prepared communication material aimed at informing the community about their legal rights and increasing awareness of and access to the justice system. This included: - upgrading the Department’s website to increase its ease of use - producing numerous media releases, media kits and corporate publications. This included the Department’s annual report, a careers booklet, fact sheets and information on the new Brisbane Magistrates Courts building, the new Office of the State Coroner and other legal reforms. - coordinating events including the Department’s stand at the RNA show. •Crown Law prepared and published 11 editions of Legal Update – a legal newsletter affecting government legal consumers. The newsletter is circulated statewide and covered topics such as the Anti-Discrimination Act 1991, e-commerce, Internet reforms, managing risk in grant programs, outsourcing of contracts and the Trade Practices Act 1974. • Crown Law presented 12 legal training workshops in Brisbane and regional areas to around 250 State and local government officers. Workshop topics included: FOI, Integrated Planning Act 1997, judicial review, moral rights, National Competition Policy, Trade Practices Act 1974 and workplace bullying.
Future plans: • The Department website will be enhanced and adapted to improve/simplify user access to information about their legal rights. • Content and useability of the Crown Law pages on GovNet will be reviewed and improved. • Public Affairs will develop an agency-wide strategic communications framework to enhance the Department’s capability to inform and educate the public about their justice system.
Department of Justice and Attorney-General Annual Report 2002-2003 75 Strategic Goal 3: Advance people’s rights
Key Objective 3.1: A fair and equitable justice system
Performance highlights in 2002-03:
Prosecutions • The Office of the Director of Public Prosecutions (ODPP) established the Sexual Assault Review Committee (SARC) in February 2003 to improve communications between key government stakeholders and the community, particularly victims of crime support agencies, in relation to sexual assault. The committee monitors prosecutions of sexual offences to identify possible improvements that can be achieved through policy, procedural and legislative initiatives. It provides a more coordinated approach to the issue of sexual assault and aims to help minimise trauma for victims. •Working committees have been established with other agencies involved in the criminal justice system to improve efficiency of the system and increase the skills base of ODPP staff. Committees such as the one established with the Queensland Police Service formalise communications between agencies and help identify policy and training issues requiring review. • Matters handled by ODPP and finalised in 2002-03 (compared with 2001-02): - Higher Courts: 9,363 matters (9,782) - Magistrates Courts: 3,609 matters (3,654) - Appeals: 747 appeals finalised (710) - Mental health applications: 633 processed (371) • The Criminal Assets Confiscation Unit was established within the ODPP to administer and enforce the confiscation of assets obtained through crime. New legislation enabled the assets of people involved in serious crime to be seized, even without a conviction, if they are proven to be proceeds of illegal activities such as drug trafficking. • An asset upgrade and replacement program was initiated to ensure the ODPP maintains up-to-date technology.
76 Department of Justice and Attorney-General Annual Report 2002-2003 Higher Courts Post Committals: Higher Courts 10,000 prosecution services – matters finalised 800 – appeals finalised 700 8,000 600 6,000 500 400 4,000 300 2,000 200 100 0 0 1999-00 2000-01 2001-02 2002-03 1999-00 2000-01 2001-02 2002-03
Magistrates Courts Mental Health Court – matters finalised – applications processed 4,000 800 3,500 700 3,000 600 ** 2,500 500 2,000 400 1,500 300 1,000 200 * * 500 100 0 0 1999-00 2000-01 2001-02 2002-03 1999-00 2000-01 2001-02 2002-03
* These figures relate to matters heard in the Mental Health Review Tribunal, which was replaced by the Mental Health Court upon commencement of the Mental Health Act 2000 in February 2002.
** This figure includes appearances by the ODPP in the Mental Health Court and the new Mental Health Review Tribunal. Future Plans: • The ODPP will continue to support and develop the work of the Sexual Assault Review Committee (SARC) and other interagency working committees to identify and address issues affecting prosecution outcomes and the experience of victims in the criminal justice system. • The ODPP will review its workgroup structure to ensure effective professional development of junior legal staff through sharing of knowledge, expertise and experience by senior staff.
Key Objective 3.2: An accessible justice system for all Queenslanders
Performance highlights in 2002-03:
Children Services Tribunal • The Tribunal responded to 59 new applications for review of decisions and finalised 72 per cent of these matters in 2002-03. Around 63 per cent of written orders were issued within three days after preliminary conferences. • The Tribunal appointed young person Kelly Trewin as a member in April 2003 to ensure the representation of youth interests and to reflect the social diversity of the community. • The Tribunal developed and released A Children’s Guide to the Children Services Tribunal, a picture book aimed to help children aged five to 11 to understand the role of the Tribunal and planned changes in their life.
Department of Justice and Attorney-General Annual Report 2002-2003 77 Land Court and Tribunals • The Land Court and the Aboriginal and Torres Strait Islander Land Tribunals moved to this Department from the Department of Natural Resources and Mines on 1 January 2003. The Land Court and Land Appeal Court provide an appeal mechanism against statutory determinations in land related matters (valuation, compensation and natural resources issues). The Aboriginal and Torres Strait Islanders Land Tribunals hear and make recommendations in relation to land claims over designated areas of claimable land. • During 2002-03, there were 894 matters filed in the Court, 846 of which were appeals under the Valuation of Land Act 1944 and 27 were claims for compensation in terms of the Acquisition of Land Act 1967. • The Land Court continued to successfully utilise alternative dispute resolution (ADR) processes with around 80 per cent of the 590 matters disposed of during the year being resolved by these processes. In cases where matters are not resolved by ADR, it is generally found that the issues in dispute are consequently narrowed, with a reduction in hearing times resulting in savings in resources for the Court and its clients. • The anticipated hearing of three Aboriginal land claims by the Aboriginal Land Tribunal did not eventuate due to the parties not being sufficiently advanced in their preparation of the claims. There are no outstanding reports on land claim hearings.
Land and Resources Tribunal • The Tribunal received 131 matters in 2002-03, mostly concerning mining lease applications and mining lease compensation applications. There were 142 matters finalised in 2002-03. Other achievements: - over 70 per cent of matters finalised within six months - 100 per cent of orders issued within three days of hearing - 97 per cent of judgments delivered within six weeks of hearing • The Tribunal introduced new practices and simplified its procedures to expedite the hearing of matters, allow more efficient allocation of resources and enhance service and efficiency. Over 80 per cent of matters are finalised within six months and 99 per cent of judgments are delivered within six weeks of final hearing. • The Tribunal utilised alternative dispute resolution (ADR) to resolve matters prior to hearing or throughout hearings. The ADR process tends to narrow the issues in dispute and helps reduce hearing times.
Alternative Dispute Resolution Branch • ADR improved conflict management and dispute resolution services to Aboriginal and Torres Strait Islander people through developing policy to assist staff and mediators in providing culturally appropriate services. •An in-service training program was developed and delivered to accredited mediators statewide to improve their effectiveness in resolving disputes. •A statewide skills audit system for mediators was implemented to evaluate skills and enable mediators to regularly test and update their skills, enabling mediators to deliver better services to people accessing ADR.
78 Department of Justice and Attorney-General Annual Report 2002-2003 • ADR conducted 1,886 mediations and facilitations for civil matters. Key achievements: - 85 per cent of mediations resulted in agreement between parties - 94 per cent satisfaction rate among ADR clients. • ADR performed 104 justice mediations for criminal matters in 2002-03, up from 55 the previous year. Justice mediation is a restorative justice process and a positive addition to the broader criminal justice system.
Future Plans:
Children Services Tribunal • The Tribunal will promote the use of alternative dispute resolution (ADR) for matters to assist applicants who may be concerned about preparing their matter. • The Tribunal plans to conduct additional circuits in regional areas. • The Tribunal will review relevant legislation and its processes and procedures to enhance client services and operational efficiencies.
Land Court and Tribunals • The colocation of the Land Court, Aboriginal and Torres Strait Islander Land Tribunals and the Land and Resources Tribunal and other tribunals in new premises is planned for early 2004. It is anticipated this will enhance client service delivery and reduce administrative and other overhead costs. • The Aboriginal Land Tribunal will hear land claims to Starcke National Park and Boodjamulla (Lawn Hill) National Park during 2003-04.
Land and Resources Tribunal • The Land and Resources Tribunal will continue considering native title mining matters lodged prior to 31 March 2003 under State provisions. The Tribunal retains jurisdiction for these matters until they have been finalised and any decisions on compensation made. Matters lodged after 31 March 2003 will be determined under Commonwealth processes. The Tribunal’s non-native title mining jurisdiction will continue.
Department of Justice and Attorney-General Annual Report 2002-2003 79 Alternative Dispute Resolution Branch • Comprehensive training will be provided to mediators to enhance their skills and improve their effectiveness in resolving disputes. •A strategic planning process will be undertaken to improve resource management and will include workshops throughout the State. • ADR services to Indigenous clients will be monitored to ensure they remain culturally appropriate. • ADR services will be available from the Hervey Bay Courthouse upon completion of a new extension to court facilities.
Key Objective 3.3: Reduce Indigenous representation in the criminal justice system
Performance highlights in 2002-03: • The Department is a signatory to the Queensland Aboriginal and Torres Strait Islander Justice Agreement signed on 19 December 2000. The Justice Agreement is one of the eight priority areas that form part of the Towards a Queensland Government and Aboriginal and Torres Strait Islander Ten Year Partnership. The Agreement represents a commitment to reduce by 50 per cent the representation of Indigenous people in the Queensland criminal justice system by 2011. • The Department is an active participant in the Meeting Challenges, Making Choices strategy, which is the State Government’s response to the Cape York Justice Study. The strategy identifies eight key result areas: alcohol, substance abuse and rehabilitation; governance; crime and justice; children, youth and family; health; education and training; economic development; and land and sustainable natural resource management. The Department meets with Indigenous groups on a regular basis to progress issues in these areas. • The Department established systems for the collation of statistics from the courts on the number of community justice groups and the number of Indigenous elders providing advice to the courts on community-based sentencing options.
Future Plans: • The Department will continue to work with other agencies in progressing the Queensland Aboriginal and Torres Strait Islander Justice Agreement. • The Alternative Dispute Resolution Branch will examine options for providing greater access to culturally appropriate and timely conflict management and dispute resolution services to Indigenous people.
80 Department of Justice and Attorney-General Annual Report 2002-2003 Key Objective 3.4: Increase Indigenous participation in the administration of justice.
Performance highlights in 2002-03: • The network of Magistrates Courts constituted by local Indigenous Justices of the Peace (Magistrates Court) was expanded. This program, designed to increase Indigenous representation in the administration of justice, has already been implemented in eight communities and was extended to a further five in 2002-03. The program is a supporting outcome of the Queensland Aboriginal and Torres Strait Islander Justice Agreement. • The Justices of the Peace Branch conducted training for JPs (Magistrates Court) in five additional Indigenous communities: Aurukun, Mornington Island, Naprunum, New Mapoon and Palm Island. • Ongoing support and training was provided to communities at Badu Island, Bamaga, Hope Vale, Kowanyama, Pormpuraaw, Thursday Island, Woorabinda, Wujal Wujal and Yarrabah to ensure the continued success of the program. • There were 20 new Indigenous JPs (Magistrates Court) appointed.
Future Plans: • The number of Magistrates Courts constituted by local Indigenous Justices of the Peace will be increased to 13 with the appointment of JPs in Aurukun, Mornington Island, Napranum, New Mapoon and Palm Island. • Justices of the Peace Branch will conduct additional and ongoing training for Indigenous JPs. The training program will begin in the Aboriginal community of Cherbourg in early 2003-04.
Key Objective 3.5: Promote equality of opportunity by protecting individual rights
Performance highlights in 2002-03:
Guardianship and Administration Tribunal • GAAT received 3,769 applications and finalised more than 3,660 matters involving people with impaired decision-making capacity, an increase of five per cent on the previous year. Almost 36 per cent of hearings were held outside Brisbane. • GAAT responded to over 22,000 telephone calls in 2002-03. • Tribunal officers conducted regular information sessions for proposed administrators for individuals with impaired decision-making capacity. Over 120 people received advice on the role and responsibilities of an administrator. • Information sessions were held in Brisbane, Bundaberg, Gympie, Lawnton, Maryborough, Nambour and Southport for families of adults with a decision-making incapacity in the care of the Endeavour Foundation. Around 180 people received information to help them decide on the nomination of an administrator.
Department of Justice and Attorney-General Annual Report 2002-2003 81 • GAAT enhanced its computer client management system to enable staff to deliver more efficient services to clients and gather improved data on business operations. •Team structures were implemented within the GAAT registry to improve service delivery and increase efficiency in the processing of matters. • GAAT’s pages on the Department’s internet site were updated to include access to a range of relevant application forms.
Office of the Adult Guardian • The Office of the Adult Guardian responded to 1,010 referrals and acted for 482 adults with impaired decision-making capacity, compared with 827 referrals and 326 adults acted for in the previous year. • The Community Visitor Program (CVP) was expanded into the supported accommodation sector to improve the protection of adults with impaired decision-making capacity residing in hostels and boarding houses. The CVP, which already covers the disability and mental health sectors, entails sessional workers visiting these adults at their accommodation to protect them from abuse, neglect and exploitation. In 2002-03: - seven additional visitors were recruited for the supported accommodation sector - 30 visitors undertook visits to 464 sites throughout Queensland - 3374 visits were undertaken, compared with 849 the previous year. • An evaluation of the CVP commenced, and will entail stakeholder consultation, investigation of the program’s outcomes and comparison with similar programs operating elsewhere. • The office had more than 31,000 community education contacts, delivering a range of community education activities including workshops and information sessions, distributing information and answering requests from callers. The office also participated in a number of committees and research programs including the Prevention of Elder Abuse Taskforce, sponsored by the Queensland Law Society to address the emerging issue of abuse of elderly people. • The office developed and distributed new information brochures and booklets relating to specific aspects of the Guardianship and Administration Act 2000.
1,200 Office of the Adult Guardian – achievements 1,000 800 600 400 200 0 1999-2000 2000-2001 2001-2002 2002-2003 Note: The Guardianship program commenced in 2000. Referrals investigated Guardianships
82 Department of Justice and Attorney-General Annual Report 2002-2003 Office of the Public Advocate • The office finalised and released its Strategic Plan which provides goals and objectives to guide its management and operations for the next five years. • The office advocated on specific systemic issues to government and non-government service providers concerning the rights and well being of people with a decision-making disability. • Two discussion papers were released supporting best practice in the development of programs which aid people with an impaired decision-making capacity. One paper dealt with issues of challenging behaviour, while the second addressed appropriate vocational pathways from school to employment. • The office conducted 23 public meetings throughout Queensland, 13 of them in regional areas, to consult with stakeholders on systemic issues affecting the lives of people who have an impaired decision-making capacity. • The office made eight submissions to government on a range of issues affecting the lives of people with an impaired decision-making capacity, particularly in relation to legislative review and residential services. • Leave was sought and granted to intervene in three matters involving people with an impaired decision-making capacity, respectively before the Supreme Court, the Mental Health Review Tribunal and a coronial enquiry. • The office hosted discussions with relevant stakeholders in relation to issues of acquired brain injury and the implications for Queensland of the Commonwealth Government’s reform of disability business services. •A reference group was formed which met to provide advice on systemic issues and reviewed future priorities for the office’s resources.
Future Plans:
Guardianship and Administration Tribunal • GAAT will upgrade its client case management system (CMS) database to improve document generation times, file and document tracking and data access for case officers to deliver more efficient service to clients. • GAAT will continue to conduct information sessions for parents and relatives of adults with an impaired decision-making capacity.
Office of the Adult Guardian • The office will review its operations and develop policies to identify efficiencies, address increasing numbers of guardianship appointments by the Guardianship and Administration Tribunal and enhance service delivery. • The office will review health care consent policies to include legal amendments and enhance service delivery to clients with chronic or acute health care needs. • An external review of the Community Visitor Program (CVP) will be completed.
Department of Justice and Attorney-General Annual Report 2002-2003 83 • The office will develop its community education services to: - inform service providers and the community about issues of abuse and exploitation of adults with impaired capacity - educate older adults about the need for care when appointing attorneys under an Enduring Power of Attorney - encourage the supported accommodation sector to cooperate with the CVP and implement measures to enhance the rights and prevent abuse of adults with impaired capacity.
Office of the Public Advocate • The office will: - continue consultation with all stakeholder groups in the development of submissions to Government agencies - continue to intervene in relevant proceedings before courts, tribunals and inquiries - develop and distribute public discussion papers to more thoroughly explore relevant issues or sets of issues facing the community.
84 Department of Justice and Attorney-General Annual Report 2002-2003 Strategic Goal 4: Ensure that our laws reflect community values
Key objective 4.1: Laws that reflect community values
Performance highlights in 2002-03:
Strategic policy, research and legislation • Strategic Policy Division continued the Attorney-General’s program of legislative reform, introducing 14 Bills into Parliament, and developing 35 instruments of subordinate legislation. The Bills introduced and passed by Parliament in 2002-03 were: - Coroners Bill 2002 - Cremations Bill 2002 - Criminal Proceeds Confiscation Bill 2002 - Discrimination Law Amendment Bill 2002 - Drug Diversion Amendment Bill 2002 - Drug Rehabilitation (North Queensland Court Diversion Initiative) Amendment Bill 2002 - Financial Services Reform (Consequential Amendments) Bill 2002 - Personal Injuries Proceedings Amendment Bill 2002 - Sexual Offences (Protection of Children) Amendment Bill 2002 - Terrorism (Commonwealth Powers) Bill 2002 - Births, Deaths and Marriages Registration Bill 2003 - Civil Liability Bill 2003 - Dangerous Prisoners (Sexual Offenders) Bill 2003, and - Evidence (Protection of Children) Amendment Bill 2003 (passed September 2003). • Comprehensive criminal justice system reforms were introduced through the Sexual Offences (Protection of Children) Amendment Act 2002. The Department is leading reforms to improve the treatment of child witnesses and ensure child sex offenders are detected and suitably punished for their crimes. The reforms aim to: - minimise distress and trauma for the witness by adopting alternative ways for giving evidence - ensure witnesses are safe and supported, and - improve public confidence in the justice system.
Department of Justice and Attorney-General Annual Report 2002-2003 85 • Treatment of child witnesses was supported through development of the Evidence (Protection of Children) Amendment Bill 2003, providing vulnerable witnesses with special measures for giving evidence such as audio-visual links and pre-recording of evidence. • Reforms recognising the legal rights of people in a de facto relationship and outlawing discrimination based on sexual orientation were introduced. The Discrimination Law Amendment Act 2002 amended a range of Queensland laws to ensure de facto partners, regardless of their sexual orientation, have rights and obligations the same as those of married spouses where possible. • Negligence laws applying to personal injury actions and claims for property damage and economic loss were amended in the Civil Liability Act 2003. The reforms expand protection to people acting in emergency situations and community volunteers and introduce new provisions relating to assessment of general damages awards in personal injury actions. • Laws were developed to allow the continued detention or supervised release of certain prisoners under the Dangerous Prisoners (Sexual Offenders) Act 2003. The laws protect the community and provide control, care or treatment of prisoners to aid their rehabilitation where possible. • The Department finalised its work on updating laws dealing with the registration of births, deaths and marriages to ensure legislation reflected contemporary family and community trends and requirements. •A scheme for the civil confiscation of proceeds of crime was developed and introduced through the Criminal Proceeds Confiscation Act 2002. The laws effectively strike at the profits of crime, allowing recovery of all proceeds accumulated by a person who has engaged in illegal activity within the previous six years.
Law reform and review • The Queensland Law Reform Commission (QLRC) began work on a discussion paper on the removal of a person’s right to refuse to give self-incriminating evidence. Interested individuals and organisations will be invited to make submissions on issues raised by the paper. • QLRC released an issues paper for public consultation on the effect of remarriage on damages in a wrongful death claim and after considering submissions received in response, commenced a report. • QLRC also started work on the following reports: - a ‘Report on the Administration of the Estates of Deceased Persons’, part of the national Uniform Succession Project designed to achieve consistency of relevant laws in all Australian jurisdictions, - a ‘Report on the Resealing of Interstate and Foreign Grants of Probate and Letters of Administration’ which will recommend a uniform national procedure for the resealing of grants to remove unnecessary complications and expense, and -a ‘Supplementary Report on Family Provision’, also part of the Uniform Succession Project, to update a 1997 report and include draft legislation relating to the ability to override a will or the rules of intestacy where these fail to adequately meet the deceased’s responsibilities to another person.
86 Department of Justice and Attorney-General Annual Report 2002-2003 Future plans:
Strategic policy, research and legislation • Strategic Policy will develop legislation and policy to: - implement the government’s decisions in relation to the regulation of the legal profession - improve public confidence in the operation of trustee companies regarding estate matters by developing uniform trustee legislation - enhance the jurisdiction, procedures and operational efficiency of the Guardianship and Administration Tribunal - implement national model laws with respect to the resolution of financial matters between de facto partners - implement reforms to the Justice of the Peace and Commissioners for Declarations Act 1991 further to the QLRC’s report on the Role of Justices of the Peace in Queensland, and - develop a vulnerable witness policy. •Strategic Policy will develop policy and procedures to satisfy the recommendations of the Inter-Departmental Working Group on People with Disabilities and the Criminal Justice System, concerning issues affecting adults with impaired decision-making capacity and the criminal justice system. •Strategic Policy will continue to participate in national law reform under the auspices of the Standing Committee of Attorneys-General through the review of the law of defamation, legislation to respond effectively to vexatious litigants, double jeopardy laws, and the better coordination of the Commonwealth’s family law system with State child protections systems.
Law reform and review • QLRC will finalise a report on the effect of remarriage on damages in a wrongful death claim, taking into account the High Court decision in De Sales v Ingrilli. The report will consider whether damages recoverable by the surviving spouse or child of the deceased person should be affected by the prospects of remarriage. • QLRC will finalise a discussion paper and consult with interested individuals and organisations on the removal of a person’s right to refuse to give self-incriminating evidence, before preparing a report. • QLRC will complete the following publications for presentation by the National Committee for Uniform Succession Laws to the Standing Committee of Attorneys-General (SCAG) for consideration: - the ‘Report on Resealing of Interstate and Foreign Grants of Probate and Letters of Administration’, proposing uniform procedures to reduce the cost and complexity of administration of deceased estates where a grant has been made in another Australian jurisdiction or overseas, and - the ‘Supplementary Report on Family Provision’, including draft model legislation to implement report recommendations.
Department of Justice and Attorney-General Annual Report 2002-2003 87 Strategic Goal 5: Build safer and more supportive communities
Key objective 5.1: A justice system that effectively targets the causes of crime
Performance highlights in 2002-03: • The Drug Court pilot program was expanded to North Queensland, commencing in Cairns and Townsville in November 2002. Programs operating since June 2000 at Beenleigh, Ipswich and Southport continued. The program provides courts with a sentencing option to divert drug addicted offenders from imprisonment to an intensive rehabilitation program. • As at 30 June 2003, 63 people had successfully graduated from the Drug Court pilot programs. • The Drug Offences Court Diversion program was introduced in the Brisbane Magistrates Courts and Children’s Court for a 12-month trial. The program complements the Drug Court pilots and diverts minor drug offenders to drug counselling programs instead of court sentencing. • The State Penalties Enforcement Registry (SPER) implemented a civil enforcement system in January 2003 whereby SPER officers approach debtors at their residences or at court appearances. For the period ending 30 June 2003, 1,611 courts intercepts and 14,891 field calls have been conducted, resulting in 2,238 instalment plans covering $2.8 million of unpaid fines, 91 fine option orders worth $136,553 and payments of $137,340. • An electronic link was established with Centrelink to enable Centrepay to be used as a payment option for outstanding fines. The system allows regular voluntary deductions from social security payments, improving the effectiveness and efficiency of fine collection. In 2002-03: - Over 14,000 people used this method to make fine repayments - Over 6,500 people finalised their fines using this option - Over $6.3m in payments were processed.
88 Department of Justice and Attorney-General Annual Report 2002-2003 • SPER increased collection of unpaid fines in 2002-03, finalising 265,733 fines, an increase of more than 45,000 fines on the previous year. • SPER activities since February 2000 have generated over $112 million in recovered fines. • SPER implemented use of driver’s licence suspension as a fines enforcement method.
Future plans: • Drug Court pilot programs are continuing at Ipswich, Beenleigh, Southport, Cairns and Townsville. The South East Queensland pilot has undergone evaluations, including by the Australian Institute of Criminology, and recommendations will be implemented as appropriate. The North Queensland program will continue until December 2004 and undergo evaluation. • SPER will enhance its civil enforcement system, using civil enforcement officers to target particular geographic areas and to contact people with outstanding fines who attend court. • Upgrading of SPER information management systems will enhance enforcement options including the ability to deduct outstanding fines from a person’s wages or bank account and to seize property. • SPER will plan for an anticipated increase in processing and enforcement of outstanding fines, due in part to increased road safety enforcement by the Queensland Police Service and Queensland Transport. An estimated 520,000 fines will be lodged with SPER in 2003-04.
Key objective 5.2: A justice system that supports and protects all participants
Performance highlights in 2002-03: • Amendments to the Domestic Violence (Family Protection) Act 1989 increased access to justice for people involved in domestic violence situations. The amendments included extending relationship categories to include family relationships, intimate personal relationships and formal care relationships. • In 2002-03, $22.8 million was paid in criminal injury compensation.
Department of Justice and Attorney-General Annual Report 2002-2003 89 •A total of 1,053 applications for criminal injury compensation were assessed, up from 817 in the previous year. • There were 6,485 victims of crime supported in 2002-03. •Vulnerable witness ‘waiting rooms’ were installed at the Brisbane Law Courts complex and Ipswich courthouse. The rooms allow children who are victims or witnesses to prepare for their court appearance, minimising the stress and trauma of giving evidence. The rooms also prevent the children from coming into contact with the accused or others involved in the hearing. • An audit was begun on all Queensland courthouses to identify those premises where facilities for vulnerable witnesses need upgrading.
Future plans: •A vulnerable witness policy will be developed in line with recommendations in the Queensland Law Reform Commission report on Evidence of Children.
Key objective 5.3: Promote community vitality through services that underpin the justice system
Performance highlights in 2002-03:
Justices of the Peace Branch • The Justices of the Peace Branch supported the activities of the State’s network of over 72,000 JPs and Commissioners for Declarations in a number of ways. These included: - conducting four training seminars on changes in legislation - conducting more than 60 information seminars - undertaking six examinations for appointment of JPs (Qualified) and Commissioners for Declarations, and - enhancing its web site, complementing the phone information service, to provide public information on the location of JPs and Commissioners for Declarations, including a do- it-yourself search which currently lists 4,600 names and contact details. • The Department processed 2,501 new registrations for JPs (Qualified) and Commissioners for Declarations, about the same number as last year. •JPs Branch conducted training in 14 remote Aboriginal and Torres Strait Islander communities, providing greater awareness of the justice system and the opportunity to regularly hold Magistrates Courts constituted by local Indigenous JPs (Magistrates Court). Training and refresher courses were held at Aurukun, Bamaga, Badu Island, Hope Vale, Kowanyama, Mornington Island, Napranum, New Mapoon, Palm Island, Pormpuraaw, Thursday Island, Woorabinda, Wujal Wujal and Yarrabah.
90 Department of Justice and Attorney-General Annual Report 2002-2003 Registry of Births, Deaths and Marriages • New legislation has been developed in consultation with Strategic Policy to modernise and simplify current laws governing the registration of births, deaths and marriages. The Births, Deaths and Marriages Registration Act 2003 will replace the Registration of Births, Deaths and Marriages Act 1962 and provide a consistent framework in all Australian states. Features of the new legislation include: - introduction of a Change of Name Register which will eliminate the need to change a name by Deed Poll and reduce the associated costs - introduction of measures requiring consent of both parents to change the name of their child - provision for the father of a child to have his details entered in the birth register even if not married to the child’s mother - an ability to refer disputes about naming a child or changing a child’s name to the Magistrates Courts - introduction of clear obligations on doctors when issuing cause of death certificates, and - an ability for the Registry to assist organisations involved in research in the public interest. • An integrated business system to improve business processes and accountability measures was developed and tested. This will: - improve the existing receipting and correspondence recording system - create operational efficiencies by linking the financial system with the registration database - improve corporate governance and audit controls - examine issues associated with future internet transactions. •Access to information for people investigating their family histories has been increased through the development and release of further microfiche and CD-ROM versions of historical birth, death and marriage indexes. • Index access is now available to more than 1.5 million registrations including births to 1919, marriages to 1939 and deaths to 1959. This has resulted in reduced costs to the public by removing the necessity for Registry staff to perform index searches on their behalf.
Registry of Births, Deaths and Marriages – Registrations completed 94,000
93,000
92,000
91,000
90,000 1998-1999 1999-2000 2000-2001 2001-2002 2002-2003
Department of Justice and Attorney-General Annual Report 2002-2003 91 Queensland Government Agent Program (QGAP) • The introduction of new technology continued improved access to government services for people in remote and regional areas of Queensland. Internet connections and an electronic management information system operate at each of the 14 QGAP offices for which the Department is the lead agency. This enabled people in many instances to access information and perform business without having to attend a QGAP office.
Future plans:
Justices of the Peace Branch •Ongoing training will be provided to remote Aboriginal and Torres Strait Islander communities to enable the convening of regular Magistrates Courts. •Training requests have been received from the Aboriginal community of Cherbourg and the Torres Strait Islander community of Murray Island for the purposes of establishing courts. • Information seminars for JPs and Commissioners of Declarations will be enhanced and expanded to target more areas outside south-east Queensland.
Registry of Births, Deaths and Marriages • The Registry will implement the reforms in the new Births, Deaths and Marriages Registration Bill 2003. •Access to information for genealogical researchers will be further increased by releasing microfiche copies of indexes of deaths from 1960 to 1964 and the CD-ROM version of the Queensland Federation Index of all births, deaths and marriages between 1890 and 1914. •A system will be introduced for obtaining Historical Certificates of birth, death and marriage, initially from the period 1856 to 1889. The certificates will be produced from scanned images of microfilmed official records, replacing photocopied documents currently being issued through the State Archives. •Implementation of an integrated business system for the Registry of Births, Deaths and Marriages will be completed.
Queensland Government Agent Program (QGAP) • The Department will continue to collaborate with the Office of Rural Communities and the Access Queensland project to further increase access to government services and expand electronic delivery mechanisms provided in QGAP offices throughout Queensland.
92 Department of Justice and Attorney-General Annual Report 2002-2003 Appendices Appendix 1: 96 Statistical summary of Queensland courts Supreme Court – Court of Appeal Division Supreme Court – Trial Division District Court Magistrates Courts
Appendix 2: 105 EEO target group membership by salary level
Appendix 3: 106 Acts administered by the Attorney-General and Minister for Justice as at 30 June 2003
Appendix 4: 109 Legislation establishing statutory authorities within the Minister’s portfolio
Appendix 5: 110 Overseas travel, Cost of consultancies and Payments to members of Government boards and tribunals
Appendix 6: 112 Dispute Resolution Centres Council: Annual Report 2002-03
Appendix 7: 115 Community Visitor Program: Annual Report 2002-03
Department of Justice and Attorney-General Annual Report 2002-2003 95 Appendix 1: Statistical summary of Queensland courts
Supreme Court
Court of Appeal Division The total of civil and criminal matters filed in 2002-03 was 774, compared with 725 in the previous year, an increase of 7%. The median time between filing and hearing for criminal and civil matters decreased from 115 to 111 days, while the median time between hearing and delivery of reserved judgments decreased from 28 to 24 days. At 30 June 2003 the number of matters unheard decreased from 290 to 249 while the number of judgments outstanding at the end of the year decreased from 44 to 40.
Table 1: Annual caseload, criminal matters
Number of cases 2000-01 2001-02 2002-03 At start of year 115 140 154 Filed during year 401 413 475 Cases heard 321 338 360 Matters withdrawn 63 66 124 Cases unheard at end of year 140* 154* 145
* adjustment made to figures due to finalisation of data
Table 2: Judgments, criminal matters
Number of cases 2000-01 2001-02 2002-03 Outstanding at start of year 10 19 6 Reserved 127 134 129 Ex tempore judgments delivered 194 204 231 Reserved judgments delivered 118 145 127 Outstanding at end of year 19 6* 9
* adjustment made to figures due to finalisation of data
Table 3: Annual caseload, civil matters
Number of cases 2000-01 2001-02 2002-03 At start of year 160 117 136 Filed during year 322 312 299 Cases heard 282 239 256 Matters withdrawn 84 54 75 Cases unheard at end of year 117* 136 104
* adjustment made to figures due to finalisation of data
96 Department of Justice and Attorney-General Annual Report 2002-2003 Table 4: Judgments, civil matters
Number of cases 2000-01 2001-02 2002-03 Outstanding at start of year 17 24 38 Reserved 159 150 150 Ex tempore judgments delivered 123 89 108 Reserved judgments delivered 152 136 154 Outstanding at end of year 24 38 31
Table 5: Time between commencement and hearing of all matters
Median number of days Type of case 2000-01 2001-02 2002-03 Criminal cases 115 113 104 Civil cases 110 116 137 All cases 115 115 111
Table 6: Time between hearing and delivery of reserved judgments
Median number of days Type of case 2000-01 2001-02 2002-03 Criminal cases 23 25 17 Civil cases 33 33 41 All cases 29 28 24
Summary of criminal and civil matters filed and heard in the Court of Appeal 500
400
300
200
100
0 Matters Matters Cases heard Cases heard filed civil filed criminal during year - civil during year - criminal 2000-2001 2001 -2002 2002-2003
Department of Justice and Attorney-General Annual Report 2002-2003 97 Supreme Court
Trial Division The number of disposals in the civil jurisdiction decreased by 17% compared with last year. There was a decrease of 7% in new civil matters entered for trial, and the number awaiting disposal increased by 16%. The time taken to dispose of cases in Townsville has improved compared with the previous year, from 92% to 100% of cases dealt with in 12 months. In the criminal jurisdiction, changes in the system for the collection, collation and analysis of data for the 2002-03 year have resulted in more accurate and useful statistics. They are, however, not comparable or reconcilable with the figures collected under the previous system and have therefore been omitted.
Table 7: Civil jurisdiction: Annual caseload – all centres
Number of cases: all centres* 2000-01 2001-02 2002-03 At start of year 138 99 61 Entered during year 407 399 371 Disposed of during year 452 437 361 Awaiting disposal at end of year** 99 61 71
* Centres include: Brisbane, Bundaberg, Cairns, Longreach, Mackay, Maryborough, Mt Isa, Rockhampton, Roma, Toowoomba and Townsville. ** This includes matters which have been allocated a hearing date but have not yet been heard. The number of cases awaiting disposal at the end of a year may not always tally with the number of cases at the start of the next year. This is because the status of a case (e.g. active, finally disposed) is not always clear and periodic balances of totals are made after stocktaking of files.
Civil jurisdiction: Disposal rates in major centres 500
400
300
200
100
0 Disposed of during year Awaiting disposal at end of year 2000-2001 2001 -2002 2002-2003
98 Department of Justice and Attorney-General Annual Report 2002-2003 Table 8: Civil jurisdiction: Disposal rates in major centres
Percentage of civil cases disposed Brisbane 2000-01 2001-02 2002-03 Disposed of in under 6 months 74% 86% 84% Disposed of in under 12 months 94% 98% 97% Townsville Disposed of in under 6 months 82% 58% 64% Disposed of in under 12 months 91% 92% 100% Cairns Disposed of in under 6 months 75% 94% 100% Disposed of in under 12 months 100% 100% 100% Rockhampton Disposed of in under 6 months 92% 92% 100% Disposed of in under 12 months 100% 100% 100%
The table indicates the time taken for disposal of matters in the civil jurisdiction from the date when the Certificate of Readiness is lodged to completion of trial or the date of settlement.
Table 9: Criminal jurisdiction: Annual caseload – all centres
Number of cases: all centres* 2000-01 2001-02 2002-03 At start of year n/a ** n/a ** 216 Presented during year n/a ** n/a ** 755 Disposed of during year n/a ** n/a ** 724 Awaiting disposal at end of year n/a ** n/a ** 235
* Centres include: Brisbane, Bundaberg, Cairns, Longreach, Mackay, Maryborough, Mt Isa, Rockhampton, Roma, Toowoomba and Townsville. ** Changes in the system for the collection, collation and analysis of data about the criminal jurisdiction workload for the 2002-03 year have resulted in more accurate and useful statistics. They are, however, not comparable or reconcilable with the figures collected under the previous system which have therefore been omitted. The number of cases awaiting disposal at the start of the year plus new matters and less disposals may not always equal the number of cases at the start of the next year as cases where a bench warrant is outstanding are not counted in totals.
Table 10: Criminal jurisdiction: Disposal rates in major centres
Percentage of criminal cases disposed Brisbane 2000-01 2001-02 2002-03 Disposed of in under 6 months n/a * n/a * 65% Disposed of in under 12 months n/a * n/a * 89% Townsville Disposed of in under 6 months n/a * n/a * 100% Disposed of in under 12 months n/a * n/a * 100% Cairns Disposed of in under 6 months n/a * n/a * 78% Disposed of in under 12 months n/a * n/a * 93% Rockhampton Disposed of in under 6 months n/a * n/a * 86% Disposed of in under 12 months n/a * n/a * 88%
The table indicates the time taken for disposal of matters in the criminal jurisdiction from presentation of indictment to completion of trial or sentence. * Changes in the system for the collection, collation and analysis of data about the criminal jurisdiction workload for the 2002-03 year have resulted in more accurate and useful statistics. They are, however, not comparable or reconcilable with the figures collected under the previous system which have therefore been omitted.
Department of Justice and Attorney-General Annual Report 2002-2003 99 District Court The number of civil matters disposed of in Brisbane during the year increased by 9% compared with last year, while the number of new matters decreased by 6%. The number of civil matters awaiting disposal at 30 June 2003 decreased by 37%. The proportion of civil matters disposed of within 12 months remained at or near 100% for most major centres, with the exception of Southport, Ipswich and Toowoomba. In the criminal jurisdiction, changes have occurred in the system for the collection, collation and analysis of data for the 2002-03 year. Some figures may not be comparable or reconcilable with the figures collected under the previous system.
Table 11: Civil and criminal jurisdiction: Cases awaiting disposal at end of year
Number of cases: Major centres* 2000-01 2001-02 2002-03 Civil jurisdiction 205 190 156 Criminal jurisdiction 2017 1779 1986
* Centres include: Beenleigh, Brisbane, Cairns, Ipswich, Maroochydore, Maryborough, Rockhampton, Southport, Toowoomba and Townsville.
Table 12: Civil jurisdiction: Annual caseload – Brisbane only
Number of cases: Brisbane only 2000-01 2001-02 2002-03 At start of year 136 101 114 Entered during year 408 375 352 Disposed of during year 443 362 394 Awaiting disposal at end of year 101 114 72
The number of cases awaiting disposal at the end of a year may not always tally with the number of cases at the start of the next year. This is because the status of a case (e.g. active, finally disposed) is not always clear and periodic balances of totals are made after stocktaking of files.
Summary of outstanding civil and criminal cases in major centres only 2,500
2,000
1,500
1,000
500
0 Criminal jurisdiction Civil jurisdiction
2000-2001 2001 -2002 2002-2003
100 Department of Justice and Attorney-General Annual Report 2002-2003 Table 13: Civil jurisdiction: Disposal rates in major centres
Percentage of civil cases disposed Brisbane 2000-01 2001-02 2002-03 Disposed of in under 6 months 92% 93% 96% Disposed of in under 12 months 100% 100% 100% Townsville Disposed of in under 6 months 78% 89% 88% Disposed of in under 12 months 89% 100% 100% Cairns Disposed of in under 6 months 92% 94% 86% Disposed of in under 12 months 100% 100% 100% Rockhampton Disposed of in under 6 months 100% 83% 67% Disposed of in under 12 months 100% 100% 100% Southport Disposed of in under 6 months 74% 79% 77% Disposed of in under 12 months 91% 98% 94% Ipswich Disposed of in under 6 months 75% 100% 40% Disposed of in under 12 months 100% 100% 80% Toowoomba Disposed of in under 6 months 96% 93% 27% Disposed of in under 12 months 100% 100% 82% Maroochydore Disposed of in under 6 months 80% 95% 89% Disposed of in under 12 months 100% 98% 98% Beenleigh Disposed of in under 6 months 91% 92% 92% Disposed of in under 12 months 98% 98% 98%
Table 14: Criminal jurisdiction: Annual caseload – Brisbane only
Number of cases: Brisbane only 2000-01 2001-02 2002-03 At start of year 915 844 766 * Commenced during year 3368 2983 2826 Disposed of during year 3425 3027 2713 Awaiting disposal at end of year 844 800 836
* Changes have occurred in the system for the collection, collation and analysis of data about the criminal jurisdiction workload for the 2002-03 year. Some figures may not be comparable or reconcilable with the figures collected under the previous system. The number of cases awaiting disposal at the start of the year plus new matters and less disposals may not always equal the number of cases at the start of the next year as cases where a bench warrant is outstanding are not counted in totals.
Department of Justice and Attorney-General Annual Report 2002-2003 101 Table 15: Criminal jurisdiction: Disposal rates in major centres
Percentage of criminal cases disposed Brisbane 2000-01 2001-02 2002-03 Disposed of in under 6 months 79% 79% 77% Disposed of in under 12 months 91% 91% 92% Townsville Disposed of in under 6 months 60% 66% 81% Disposed of in under 12 months 82% 88% 91% Cairns Disposed of in under 6 months 77% 79% 83% Disposed of in under 12 months 93% 91% 96% Rockhampton Disposed of in under 6 months 70% 59% 69% Disposed of in under 12 months 87% 76% 82% Southport Disposed of in under 6 months 82% 78% 72% Disposed of in under 12 months 95% 93% 89% Ipswich Disposed of in under 6 months 71% 87% 94% Disposed of in under 12 months 92% 95% 99% Toowoomba Disposed of in under 6 months 100% 92% 98% Disposed of in under 12 months 100% 99% 100% Maroochydore Disposed of in under 6 months 91% 90% 91% Disposed of in under 12 months 97% 95% 96% Beenleigh Disposed of in under 6 months 67% 72% 68% Disposed of in under 12 months 92% 92% 90%
The table indicated the time taken for disposal of matters in the criminal jurisdiction from presentation of indictment to completion of trial or sentence.
Magistrates Courts In the civil jurisdiction in the 10 major centres, the number of cases commenced remained stable when compared with the previous year. There was a 10% increase in the number of claims initiated. In the small claims and minor debt jurisdictions there was a 6% and 8% decrease respectively on the previous year. The number of Directions Conferences conducted by Registrars in the 10 major centres decreased by 12% compared with the previous year. The number of domestic violence applications commenced increased by 22% compared with the previous year. Lodgments with the State Penalties Enforcement Registry (SPER) remained relatively stable, decreasing a little over 1% on the previous year. For the financial year 2002-03, the number of criminal cases registered and disposed of at the 10 major centres increased by 5% and 10% compared with the previous year.
102 Department of Justice and Attorney-General Annual Report 2002-2003 Table 16: SPER Lodgements Administering authorities 2000-01* 2001-02 2002-03 Number % Number % Number % Queensland Transport 195,523 73% 261,060 56% 274,514 60% Councils and other 65,620 25% 98,762 21% 66,195 14% Courts - - 84,819 18% 112,637 24% Other State Gov’t agencies 5,648 2% 23,653 5% 7,749 2% TOTAL 266,791 100% 468,294 100% 461,095 100%
* 2000-01 figures include Self Enforcing Ticketable Offence Notice System (SETONS) lodgments.
Table 17: Criminal jurisdiction - Cases registered – Major centres
Location 2000-01 2001-02 2002-03 Beenleigh 21,034 19,271 20,932 Brisbane 64,420 61,338 62,421 Cairns 23,096 19,359 18,944 Ipswich 15,630 16,040 16,382 Mackay 7,181 7,409 8,678 Maroochydore 15,580 15,645 15,956 Rockhampton 9,548 9,327 10,136 Southport 28,266 26,793 31,611 Toowoomba 9,342 8,600 8,803 Townsville 21,664 22,183 22,189
Source: Case Register System and Queensland Wide Interlinked Courts system
Department of Justice and Attorney-General Annual Report 2002-2003 103 Table 18: Criminal jurisdiction - Cases disposed – Major centres
Location 2000-01 2001-02 2002-03 Beenleigh 18,529 17,566 20,259 Brisbane 53,179 55,833 63,014 Cairns 22,505 18,802 19,177 Ipswich 13,549 15,085 15,892 Mackay 7,521 6,654 8,323 Maroochydore 14,548 14,459 15,888 Rockhampton 9,335 9,001 10,248 Southport 25,408 23,777 26,831 Toowoomba 8,628 9,222 9,171 Townsville 21,661 21,497 22,938
Source: Case Register System and Queensland Wide Interlinked Courts system
Table 19: Criminal jurisdiction – Disposal rates - Major centres
Percentage of criminal cases disposed Disposed of in Disposed of in under 6 months under 12 months Beenleigh 89% 93% Brisbane 88% 92% Cairns 89% 93% Ipswich 96% 98% Mackay 91% 94% Maroochydore 92% 95% Rockhampton 94% 96% Southport 92% 96% Toowoomba 94% 96% Townsville 94% 96%
104 Department of Justice and Attorney-General Annual Report 2002-2003 Appendix 2: EEO target group membership by salary level
Gender Language Background ATSI PWD Item Female Male ESB NESB NESB NESB ATSI Non- ATSI PWD Non PWD 12N/R ATSI N/R PWD N/R 9. $75,580.00 + 10 33 34 23403941357 %Across 23.3 76.7 79.1 4.7 7.0 9.3 0.0 90.7 9.3 2.3 81.4 16.3 %Down 0.7 4.0 2.1 2.3 2.3 0.8 0.0 2.1 1.0 0.7 2.0 1.5 8. $69,162.00 - 75,579.00 20 29 37 25504722452 %Across 40.8 59.2 75.5 4.1 10.2 10.2 0.0 95.9 4.1 4.1 91.8 4.1 %Down 1.3 3.5 2.3 2.3 3.8 0.9 0.0 2.5 0.5 1.4 2.6 0.4 7. $61,674.00 - 69,161.00 59 108 134 6 5 22 1 152 14 15 137 15 %Across 35.3 64.7 80.2 3.6 3.0 13.2 0.6 91.0 8.4 9.0 82.0 9.0 %Down 3.9 13.2 8.4 7.0 3.8 4.2 2.7 8.1 3.3 10.3 7.9 3.3 6. $54,604.00 - 61,673.00 90 95 135 5 17 28 0 168 17 15 150 20 %Across 48.6 51.4 73.0 2.7 9.2 15.1 0.0 90.8 9.2 8.1 81.1 10.8 %Down 5.9 11.6 8.5 5.8 12.8 5.3 0.0 8.9 4.1 10.3 8.6 4.4 5. $47,672.00 - 54,603.00 116 95 134 9 10 58 1 185 25 7 173 31 %Across 55.0 45.0 63.5 4.3 4.7 27.5 0.5 87.7 11.8 3.3 82.0 14.7 %Down 7.6 11.6 8.4 10.5 7.5 11.0 2.7 9.8 6.0 4.8 9.9 6.8 4. $40,886.00 - 47,671.00 207 155 281 19 26 36 8 326 28 29 306 27 %Across 57.2 42.8 77.6 5.2 7.2 9.9 2.2 90.1 7.7 8.0 84.5 7.5 %Down 13.6 18.9 17.6 22.1 19.5 6.8 21.6 17.3 6.7 20.0 17.6 5.9 3. $34,280.00 - 40,885.00 195 91 152 6 14 114 4 173 109 16 160 110 %Across 68.2 31.8 53.1 2.1 4.9 39.9 1.4 60.5 38.1 5.6 55.9 38.5 %Down 12.8 11.1 9.5 7.0 10.5 21.6 10.8 9.2 26.0 11.0 9.2 24.1 2. $23,182.00 - 34,279.00 762 190 658 34 52 208 22 763 167 60 703 189 %Across 80.0 20.0 69.1 3.6 5.5 21.8 2.3 80.1 17.5 6.3 73.8 19.9 %Down 50.1 23.2 41.3 39.5 39.1 39.4 59.5 40.5 39.9 41.4 40.4 41.4 1. $0.00 - 23,181.00 63 22 28 3 1 53 1 31 53 0 30 55 %Across 74.1 25.9 32.9 3.5 1.2 62.4 1.2 36.5 62.4 0.0 35.3 64.7 %Down 4.1 2.7 1.8 3.5 0.8 10.0 2.7 1.6 12.6 0.0 1.7 12.1 Total 1522 818 1593 86 133 528 37 1884 419 145 1739 456 %Across 65.0 35.0 68.1 3.7 5.7 22.6 1.6 80.5 17.9 6.2 74.3 19.5 %Down 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0
LEGEND: Level 9 = SES, Senior Executive Service and Senior Officer Level Level 1-8 = Administrative Officer and equivalents ESB = English-speaking background NESB1 = Non-English-speaking background 1, persons whose first language is not English NESB2 = Non-English-speaking background 2, persons whose parents’ first language is not English ATSI = Aboriginal and Torres Strait Islander persons PWD = Persons with a disability N/R = No EEO census form returned/completed
Notes: The staffing figures represent the number of people actually employed and on paid leave as at 30 June 2003, based on EEO census data. They do not include Magistrates, Judges and other judicial officers.
The figures in this table relating to ATSI personnel are based on information supplied by employees on a voluntary basis. Separate statistics compiled by the Department indicate the actual percentage of ATSI employees to be 2.2 per cent.
Department of Justice and Attorney-General Annual Report 2002-2003 105 Appendix 3: Acts administered by the Attorney-General and Minister for Justice - as at 30 June 2003
Aboriginal Land Act 1991 (sections 50 to 62; Part 8; sections 134 and 138 as they apply to the provisions of the Act administered by the Minister) Acts Interpretation Act 1954 Anti-Discrimination Act 1991 Appeal Costs Fund Act 1973 Attorney-General Act 1999 Australia and New Zealand Banking Group Limited (NMRB) Act 1991 Australian Consular Officers’ Notarial Powers and Evidence Act 1946
Bail Act 1980 Births, Deaths and Marriages Registration Act 2003 British Probates Act 1898 Burials Assistance Act 1965
Carruthers Inquiry Enabling Act 1996 Cattle Stealing Prevention Act 1853 Children’s Court Act 1992 (except to the extent administered by the Minister for Families and Minister for Aboriginal and Torres Strait Islander Policy and Minister for Disability Services and Minister for Seniors) Children Services Tribunal Act 2000 Choice of Law (Limitation Periods) Act 1996 Civil Liability Act 2003 Commercial Arbitration Act 1990 Commissions of Inquiry Act 1950 Commonwealth Places (Administration of Laws) Act 1970 Commonwealth Powers (Family Law – Children) Act 1990 Companies (Acquisition of Shares) (Application of Laws) Act 1981 Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 Companies (Application of Laws) Act 1981 Cooperative Schemes (Administrative Actions) Act 2001 Coroners Act 1958 Coroners Act 2003 Corporations (Administrative Actions) Act 2001 Corporations (Ancillary Provisions) Act 2001 Corporations (Commonwealth Powers) Act 2001 Corporations (Queensland) Act 1990 Court Funds Act 1973 Cremations Act 2003 Crimes at Sea Act 2001 Criminal Code Act 1899 (including Criminal Code) Criminal Code Amendment Act 1922 Criminal Law Amendment Act 1892 Criminal Law Amendment Act 1894 Criminal Law Amendment Act 1945 Criminal Law Amendment Act 2002 Criminal Law (Rehabilitation of Offenders) Act 1986
106 Department of Justice and Attorney-General Annual Report 2002-2003 Criminal Law (Sexual Offences) Act 1978 Criminal Offence Victims Act 1995 Criminal Proceeds Confiscation Act 2002 Crown Proceedings Act 1980
Dangerous Prisoners (Sexual Offenders) Act 2003 Defamation Act 1889 Director of Public Prosecutions Act 1984 Disposal of Unexecuted Warrants Act 1985 Dispute Resolution Centres Act 1990 District Court of Queensland Act 1967 Dividing Fences Act 1953 Domicile Act 1981 Drug Rehabilitation (Court Diversion) Act 2000 Drugs Misuse Act 1986 (except to the extent administered by the Minister for Primary Industries and Rural Communities)
Electoral Act 1992 Electronic Transactions (Queensland) Act 2001 Evidence Act 1977 Evidence and Discovery Act 1867 Evidence (Attestation of Documents) Act 1937 Evidence on Commission Act 1988
Federal Courts (State Jurisdiction) Act 1999 Financial Transaction Reports Act 1992 Freedom of Information Act 1992 Futures Industry (Application of Laws) Act 1986
Gas Pipelines Access (Queensland) Act 1998 (pt 4) Guardianship and Administration Act 2000
Imperial Acts Application Act 1984
Judges (Pensions and Long Leave) Act 1957 (except to the extent administered by the Deputy Premier, Treasurer and Minister for Sport) Judges (Salaries and Allowances) Act 1967 Judicial Review Act 1991 Jurisdiction of Courts (Cross-vesting) Act 1987 Jury Act 1995 Justices Act 1886 Justices of the Peace and Commissioners for Declarations Act 1991
Land and Resources Tribunal Act 1999 Land Court Act 2000 Law Reform Act 1995 Law Reform Commission Act 1968 Legal Aid Queensland Act 1997 Legal Practitioners Act 1995 Limitation of Actions Act 1974
Department of Justice and Attorney-General Annual Report 2002-2003 107 Magistrates Act 1991 Magistrates Courts Act 1921 Maintenance Act 1965
Oaths Act 1867
Peace and Good Behaviour Act 1982 Peaceful Assembly Act 1992 Penalties and Sentences Act 1992 Personal Injuries Proceedings Act 2002 Powers of Attorney Act 1998 Printing and Newspapers Act 1981 Prisoners International Transfer (Queensland) Act 1997 Prisoners (Interstate Transfer) Act 1982 Property Law Act 1974 Public Trustee Act 1978
Queensland Law Society Act 1952
Recording of Evidence Act 1962 Referendums Act 1997 Registration of Births Deaths and Marriages Act 1962 Regulatory Offences Act 1985
Securities Industry (Application of Laws) Act 1981 Small Claims Tribunal Act 1973 Solicitor-General Act 1985 State Penalties Enforcement Act 1999 Status of Children Act 1978 Succession Act 1981 Supreme Court Act 1995 Supreme Court Library Act 1968 Supreme Court of Queensland Act 1991
Terrorism (Commonwealth Powers) Act 2002 Torres Strait Islander Land Act 1991 (sections 47 to 59; Part 8; sections 131 and 135 as they apply to the provisions of the Act administered by the Minister) Trust Accounts Act 1973 Trustee Companies Act 1968 Trusts Act 1973
Vexatious Litigants Act 1981
108 Department of Justice and Attorney-General Annual Report 2002-2003 Appendix 4: Legislation establishing statutory authorities within the Minister’s portfolio
Agency Legislation establishing Adult Guardian Guardianship and Administration Act 2000 Anti-Discrimination Commission Queensland Anti-Discrimination Act 1991 Anti-Discrimination Tribunal Anti-Discrimination Act 1991 Appeal Costs Board Appeal Costs Fund Act 1973 Barristers’ Board Supreme Court of Queensland Act 1991 Children Services Tribunal Children Services Tribunal Act 2000 Council of the Queensland Law Society Incorporated Queensland Law Society Act 1952 Director (and Deputy Director) of Public Prosecutions Director of Public Prosecutions Act 1984 Dispute Resolution Centres Council Dispute Resolution Centres Act 1990 Electoral Commission of Queensland Electoral Act 1992 Gas Appeals Tribunal Gas Pipeline Access (Queensland) Act 1998 Guardianship and Administration Tribunal Guardianship and Administration Act 2000 Justices of the Peace Advisory Council Justices of the Peace and Commissioners for Declarations Act 1991 Land and Resources Tribunal Land and Resources Tribunal Act 1999 Law Reform Commission Law Reform Commission Act 1968 Legal Aid Board Legal Aid Queensland Act 1997 Legal Aid Queensland Legal Aid Queensland Act 1997 Legal Ombudsman Queensland Law Society Act 1952 Public Advocate Guardianship and Administration Act 2000 Public Trustee of Queensland Public Trustee Act 1978 Public Trust Office Investment Board Public Trustee Act 1978 Queensland Law Society Grants Committee Queensland Law Society Act 1952 Registrar-General of Births, Registration of Births, Deaths and Deaths and Marriages Marriages Act 1962 Salaries and Allowances Tribunal Judges (Salaries and Allowances) Act 1967 Solicitor-General Solicitor-General Act 1985 Solicitors’ Board Supreme Court of Queensland Act 1991 Solicitors Complaints Tribunal Queensland Law Society Act 1952 State Coroner Coroners Act 2003 Supreme Court Library Committee Supreme Court Library Act 1968
Department of Justice and Attorney-General Annual Report 2002-2003 109 Appendix 5: Overseas travel, cost of consultancies and payment to members of government boards and tribunals
Overseas travel This section provides a summary of overseas travel by judicial and departmental officers on official business. These are actual costs to the Department during the 2002-03 financial year including, in some cases, costs carried over for periods of travel falling prior to 1 July 2002. This financial year, all costs related to travel by members of the judiciary. These travel expenses exclude judicial entitlements that are available on the Courts website www.courts.qld.gov.au.
Period of Name of Officer Destination Reason for Travel Contribution Agency cost Travel and Position from other agencies or sources 14-16 May The Honourable Prato and Delivered a lecture at the Monash Nil - $111.75 2002; Justice Geoffrey Florence, Italy Law Prato Centre at Prato, Italy, Adjustment 22-24 May L Davies AO, and attended the International Bar on travel 2002 Justice of the Association Financial Law Conference costs; Court of Appeal in Florence. included in 2001-02 annual report. 9-24 The Honourable London, United Toured law facilities, sat in on court Nil $38,486.28 October Paul de Jersey Kingdom; New proceedings and participated in 2002 AC, Chief Justice York, Chicago discussions concerning court issues of Queensland & Indianapolis, in London, New York and Chicago. United States Was Judge in residence, Law School, of America University of Indiana, Indianapolis. 8-11 April The Honourable London, United Conducted professional visits, attended Nil $35,537.23 2003; Justice Geoffrey Kingdom; the Judicial Studies Board Seminar and 27-29 April L Davies AO, Rome, Italy the Insurance Law Conference in 2003 Justice of the London, and the International Bar Court of Appeal Association Conference in Rome, Italy 29 June – The Honourable Positano, Italy Attended the Europe Asia Legal Nil $28,104.32 5 July 2003 Paul de Jersey Conference held in Praino (Positano). AC, Chief Justice of Queensland Total travel cost $102,016.08
110 Department of Justice and Attorney-General Annual Report 2002-2003 Cost of consultancies
Category Cost Management $154,727.27 Professional/Technical $5,000.00 Total $159,727.27
Payment to members of Government boards and tribunals The Department’s work is greatly assisted by a range of boards and committees. In some cases, part-time members are entitled to receive remuneration in accordance with a scale of fees determined by the Government. Remuneration paid to part-time members of such bodies during 2002-03 are summarised below. Details of the remuneration paid to members of the boards of statutory bodies and companies that report to Parliament separately are not included below. Such information can be obtained from the annual reports of those organisations.
Appeal Costs Board $ Nil Salaries and Allowances Tribunal $9,300
Department of Justice and Attorney-General Annual Report 2002-2003 111 Appendix 6: Dispute Resolution Centres Council: Annual Report 2002-03
The Dispute Resolution Centres (DRC) Council was established to provide advice to the Minister on dispute resolution generally, and the provision of mediation services by the Alternative Dispute Resolution (ADR) Branch. The ADR Branch and Dispute Resolution Centres in Cairns, Townsville, Mackay, Rockhampton and Hervey Bay are a branch of the Department of Justice and Attorney- General, and operate under the auspices of the Dispute Resolution Centres Act 1990 (the Act). This report on the operation of the Act for the year 2002-03 is provided in accordance with section 39.
Administrative responsibility for the Act Ministerial responsibility for the Act is exercised by the Attorney-General and Minister for Justice.
The role of the ADR Branch The role of dispute resolution is to help people settle their differences quickly, reliably and inexpensively. The Branch provides trained mediators, who work with the parties to a dispute and encourage them to reach a solution that is satisfactory to both sides. The ADR Branch acts in civil and criminal jurisdictions.
Civil Mediation Services The ADR Branch has offered a form of facilitative mediation in the management of a wide range of civil disputes since 1990. Initially the service’s focus was the management of community disputes with particular emphasis on neighbourhood conflicts such as those involving noise, trees and pets. The Branch continues to provide free and confidential mediation and facilitation in a wide variety of civil disputes. It has expanded its range of services to include spousal, family, mining and resources, workplace and environmental disputes and court ordered mediation. Attendance at mediations can either be voluntary or compulsory. Compulsory mediations are usually court or tribunal ordered. The Branch has undertaken several new initiatives in recent years to meet the requirements of a variety of clients. Relationships also have been developed with the Land and Resources Tribunal, Q-Comp (workers compensation) and the Commissioner of Body Corporate and Community Management. The Branch continued to provide mediation services to these organisations during 2002-03. Another initiative being investigated, particularly in Townsville and Cairns, is the provision of services to the Defence Forces.
112 Department of Justice and Attorney-General Annual Report 2002-2003 Abbreviated Mediation Abbreviated Mediation is designed to offer clients of the Small Claims Tribunals and Minor Debts jurisdiction of the Magistrates Courts the opportunity to resolve their disputes before appearing before a Referee or Magistrate. Abbreviated Mediation adopts a settlement style of mediation and is usually completed within 30-45 minutes. Initially this service was offered to clients on the ‘door of the court’, immediately before their court appearance. Some centres are trialling a ‘call-over’ approach which sees clients attend court solely for the purpose of mediation. If unsuccessful, clients attend their hearing on a separate date. This approach has generally achieved higher agreement rates and more effective use of mediator time.
Justice Mediation Justice Mediation, also known as Adult Criminal Mediation, is another of the services ADR provides. The Branch has long been engaged in victim-offender mediation under the principles of ‘restorative justice’. Both the Dispute Resolution Centres Act 1990 and the Justices Act 1886 provide for the referral of adult criminal matters to the DRC for mediation. The purpose of Justice Mediation is to allow victims, offenders and their respective supporters to come together and discuss what happened, how each person has been affected and what can be done to repair the damage or harm.
Achievements in 2002-03 During the year, the Branch conducted 1,886 Civil Mediations. This comprised 922 co- mediations, 48 solo mediations, 22 facilitations and 894 Abbreviated Mediations. The Branch also conducted 104 Justice Mediations.
Proportion ending in agreement During the year, the agreement rate for voluntary Civil Mediations was 83 per cent, compulsory Civil Mediations was 86 per cent, Abbreviated Mediations 55 per cent and Justice Mediations 100 per cent.
Client satisfaction Client satisfaction rates during the year averaged 94 per cent for civil work and 98 per cent for criminal work.
Delivery of training The Branch currently offers ‘off-the-shelf’ training courses in mediation, conflict management, negotiation, dealing with difficult clients and facilitation skills. These courses are offered both to individual fee-paying clients and public and private sector organisations. Other courses have also been developed for individual organisations to meet specific needs. The Branch is currently in discussions with Griffith University about recognition for the mediation training course. The longer term goal is to create a formal qualification in conjunction with the university which can be accessed by mediators and other fee-paying clients.
Department of Justice and Attorney-General Annual Report 2002-2003 113 The Branch is also committed to providing in-service professional development opportunities for mediators. It seeks to deliver a combination of skills and theory based training catering for both experienced mediators and those who are less experienced. Over 235 hours of in- service training was offered to mediators in 2002-03.
Indigenous and other cultural issues The Branch has sought to promote services both in urban and remote Indigenous communities. Training and mediation have been provided in communities including Hope Vale, Yarrabah, Thursday Island and Cherbourg. The Branch has worked closely with a range of other government agencies in providing services to these communities. During the year, the Dispute Resolution Centres Council conducted a workshop on Indigenous issues. Those attending included an Indigenous officer from the Department’s Justices of the Peace Branch, two officers from the Department of Aboriginal and Torres Strait Islander Policy, as well as Council members. The outcomes from the workshop assisted the Branch in its work on developing its new strategic plan. The Branch also seeks to cater for the needs of other cultural groups. Cross cultural needs are considered in the recruitment of new mediators to ADR Branch panels. Ongoing professional development sessions in regional areas have focused upon broader cross cultural training issues. Where necessary, interpreters are made available at the expense of the ADR Branch. Each of these strategies is outlined in the Branch’s cultural policy which is contained within its Policy and Procedures Manual.
Mediators The Branch currently maintains a panel of 255 active mediators statewide. Mediators are required to complete eight full days (about 60 hours) of training prior to accreditation. Trainees are assessed against competencies throughout the course of this training. The standards set out in the Branch’s Commitment to Practice also require that mediators undertake at least three mediations per calendar year, plus 12 hours of in-service training.
DRC Council and ADR Branch I thank the members of the Council, Acting Chief Magistrate Brian Hine, Dr Nadja Alexander, Associate Professor of Law at the University of Queensland, Assistant Commissioner Patrick Doonan of the Queensland Police Service and David Bancroft, ADR Branch Executive Manager, for their strong interest in and support for the Dispute Resolution Centres Council during the year. I also thank all ADR mediators and staff for their efforts during 2002-03. David Schulz President Dispute Resolution Centres Council
114 Department of Justice and Attorney-General Annual Report 2002-2003 Appendix 7: Community Visitor Program: Annual Report 2002-03
Background The Community Visitor Program, launched in February 2002, has been operational for 16 months and is still considered to be in the developmental phase. The Community Visitor Program, a whole-of-government response, was conceived by the Law Reform Commission as the final proactive element in the reform of the broader substitute decision-making process in Queensland. The program works to safeguard the rights and interests of adults with impaired capacity within the disability and mental health sectors. Provision for the program is contained in Chapter 10 of the Guardianship and Administration Act 2000. The program is external to the Department of Justice and Attorney-General and non- government agencies responsible for service provision. It reflects the intent of the Guardianship and Administration Act 2000 in seeking to strike an appropriate balance between the rights of an adult with impaired decision-making capacity to participate in decision-making to the greatest extent possible and the adult’s right to receive adequate and appropriate support for decision-making. The focus of the program is the human rights of adults with impaired decision-making capacity (known as “consumers”) within the broad context of their daily lives and the support they receive from government and non-government service providers. The program specifically aims to prevent abuse, neglect and exploitation of those adults by promoting their rights and protecting their interests through identifying and addressing areas of concern. The program works to ensure a safe environment for some of the most vulnerable people in our community by Community Visitors regularly visiting ‘visitable sites’; establishing trust and rapport with the adults and with those involved in their care and support; and to provide consumers with opportunities to raise matters of concern.
Visitable sites In the past 12 months, 21 Community Visitors regularly met with adults with impaired capacity at 457 visitable sites. Visitable sites, defined in the Guardianship and Administration Amendment Regulation (No. 1) 2002, were visited at frequencies ranging from once a fortnight to once every three months in accordance with the site schedule approved by the Director-General, Department of Justice and Attorney-General, who is the Chief Executive of the program. The program is administered within the Office of Adult Guardian. While the number and location of sites within the mental health sector remained stable, the site details within the disability sector changed frequently due to closure of sites, movement of consumers to smaller residential options, or between sites, and changes of service providers. Management of the site schedule and the systems to support it is being kept under regular review.
Department of Justice and Attorney-General Annual Report 2002-2003 115 The tables below detail site information and include comparisons between the statistics for 2001-02 and 2002-03.
Number of visitable sites in Queensland Area Total sites 2001-02 Total sites 2002-03 Brisbane North 56 54 Brisbane South 83 85 Bundaberg 8 8 Caboolture/Pine Rivers/Bribie Island 28 29 Cairns 13 14 Gladstone 3 3 Gold Coast 18 23 Ipswich 87 77 Mackay 11 8 Maryborough & Hervey Bay 30 28 Mount Isa 2 2 Rockhampton 16 16 Sunshine Coast 32 33 Toowoomba 45 48 Townsville 28 29 Total 460 457
Number of sites per sector Sector 2001-02 2002-03 Mental health 63 65 Disability 397 392 Total 460 457
Percentage of sites serviced by CVP outside Brisbane region Area 2001-02 percentage 2002-03 percentage Brisbane metropolitan 42 40 Other areas in Queensland 58 60
Functions of Community Visitors Community Visitors have an inquiry and a complaints function as outlined in Section 224 of the Guardianship and Administration Act 2000. Accordingly, Community Visitors: • identify matters pertaining to the human rights of consumers for clarification and where possible resolution • provide consumers with an opportunity to raise matters about their care, treatment and support • provide information, support and encouragement to consumers and those involved in substitute decision-making on behalf of the consumer, and • where appropriate assist consumers and their service providers to seek clarification and resolution of matters.
116 Department of Justice and Attorney-General Annual Report 2002-2003 In many instances Community Visitors were required to spend considerable time gaining the trust of the consumers and identifying a means of communication which would enable them to act as independent observers at the site. Community Visitors found it essential to spend time developing a professional rapport with site staff in order to gain initial information and view site documents but also to clarify matters of concern raised during the visit or at previous visits. Discussions with staff enabled the Community Visitors to clarify and resolve concerns as well as promote the human rights principle that consumers should be given every opportunity and the necessary support to participate in decision-making to the greatest degree of autonomy possible.
Number of visits and reports completed each month 2002-03 Month Initial Scheduled Total visit visits visits reports July 2002 30 197 227 August 25 306 331 September 5 207 212 October 2 243 245 November 5 215 220 December 15 286 301 January 2003 27 269 296 February 4 316 320 March 5 285 290 April 5 307 312 May 0 294 294 June 36 290 326 Total 159 3215 3374
Community Visitors must complete a report at the end of each visit. This report is then sent to the designated contact person for the site and to the Community Visitor Program (CVP) Team. The Community Visitor then follows up issued raised during the visit with the CVP team or with staff at the site during the next scheduled visit.
Consumer Issues At visitable sites Community Visitors met with consumers and discussed with them any concerns they may have about their care, treatment and support. In line with their inquiry and complaint functions, Community Visitors inquired into the following key matters: • adequacy of information • adequacy of services for the assessment, treatment and support of consumers • appropriateness and standards of service • the extent to which consumers receive services in the way least restrictive of their rights, and • accessibility and effectiveness of procedures for complaints. In addition to consumers raising concerns with their Community Visitor, information gathered from management, site staff, staff from external agencies supporting that consumer, family members and Community Visitor observations highlighted matters for clarification.
Department of Justice and Attorney-General Annual Report 2002-2003 117 Community Visitors learnt very quickly that their efforts to clarify and resolve matters are dependent on the quality of the information available at the site at the time of their visit. The sources of information are interactions with consumers and site staff, site documentation and observations. Information provided to the Community Visitor was not always accurate or unbiased, and in the absence of qualifying information, further clarification was sought. New identified issues
At the completion of each visit, a Community Visitor completes a report which identifies matters requiring further clarification, and those matters resolved at the time of the visit or during subsequent visits. A Guide for Reporting is utilised when completing issues reports to ensure consistency in data collation. The new guide was revised mid-year based on Community Visitor and service provider feedback and provides Community Visitors with a tool designed to identify matters of concern with a much higher degree of specificity. It is not possible to provide a comparison with 2001-02 since the program was implemented in the final quarter of that period. The table below details identification of issues by category.
Categories Mental Disability Total health sector sector 1. Site documents 153 671 824 2. Management of incidents 58 235 293 3. Medication 98 110 208 4. Nutrition/food 98 74 172 5. Health care 212 427 639 6. Aids & equipment 14 112 126 7. Community access/leisure 110 272 382 8. Family & friends 52 58 110 9. Access to information 366 383 749 10. Privacy/dignity 145 185 330 11. Individuality 196 421 617 12. Cultural appropriateness 14 9 23 13. Confidentiality 9 26 35 14. Individuals plans 143 589 732 15. Safety/security 84 389 473 16. Advocacy/decision making 77 121 198 17. Complaints/grievances 69 50 119 18. Site environment/atmosphere 57 114 171 19. Housing stock/accommodation 115 315 430 20. Management of personal funds/property 110 182 292 21. Staffing/management 133 498 631 22. Transport 30 71 101 23. Other (specify) 26 18 44 24. Communication 2 19 021 Grand total 2371 5349 7720
118 Department of Justice and Attorney-General Annual Report 2002-2003 Resolution of Issues Community Visitors make all attempts to resolve complaints of people with impaired capacity at the service delivery level. In a number of instances, Community Visitors requested the Community Visitor Program Team based in the Office of Adult Guardian to liaise with site management, as information provided by site staff and contained in site documentation was insufficient to resolve the matter to the Community Visitor’s satisfaction. In keeping with the objectives of the program and in accordance with the legislation, a number of unresolved matters were referred to appropriate external entities, including the Office of the Adult Guardian’s Investigations Unit, for further investigation or resolution under their separate legislative powers.
Scheduled Visits and Requests to Visit For the financial year ending 30 June 2003, Community Visitors conducted 3374 visits. Scheduled visits generated an average of 281 reports per month by visitors for the Community Visitor Program Team to process and forward to service providers. A total of 383 Requests to Visit were also sought during the same period. In a similar fashion to last year, about two-thirds of these Request to Visit telephone calls related to the mental health sector and one third to the disability sector. The Community Visitor Program Team was able to address these issues through linking with consumers, service providers and with advice from Community Visitors. Consequently, approval was not necessary for an additional visit to any site.
Number of visits on request received each month 2002-03 Month Number July 2002 28 August 44 September 41 October 42 November 27 December 26 January 2003 29 February 44 March 30 April 29 May 23 June 20 TOTAL 383
Program Administration During the year, the number of positions within the program team was expanded from two to five. In addition to the positions of program coordinator and liaison officer, a senior development officer and two administrative officer positions were created and permanently filled. The Community Visitor Program Team, located in the Office of the Adult Guardian, is
Department of Justice and Attorney-General Annual Report 2002-2003 119 responsible for the coordination and administration of the program. This includes responsibility for the coordination and daily operation of the program in addition to the training, support and supervision of Community Visitors. The team undertakes community education about the program. It is responsible for the collation and analysis of data from Community Visitor reports and the identification of systemic trends and issues for referral to the Public Advocate. The absence of a database increased the complexity of administrative tasks. These tasks include the collection of data, report processing, payment of 29 Community Visitors for visitation, time and travel allowance, monitoring of vehicle registration and insurance and maintenance of the site schedule. The program is reviewing its data collection and collation methods to identify an appropriate and comprehensive information system to enable it to provide a detailed analysis of trends within the sectors and to adequately identify systemic issues for referral to the Office of the Public Advocate.
Program Evaluation An evaluation of the Community Visitor Program was required as part of the allocations of funds in the 2001-02 budget process. The program became operational in February 2003. The evaluation was deferred as it was considered that the information gathered would not provide a comprehensive picture of the outcomes, perceptions and operational aspects of the program. Following a tender process, Community Ventures and Alliances were engaged in March 2003 to conduct the external evaluation of the program. The evaluation of the program will be completed in 2003-04. An internal review of the program’s administrative practices was approved. It is being conducted under the guidance of the Management and Operational Review Branch within the Department of Justice and Attorney-General.
Program Development Work is in progress for the expansion of the program into the supported accommodation sector. The regulation which defines Visitable Sites has been redrafted and will be submitted for approval in July 2003. As at 30 June 2003, the Community Visitor Program had not been advised on any visitable sites in the supported accommodation (hostel) sector. Eight additional Community Visitors were appointed by the Director-General in April 2003 and participated in the Community Visitor Program training forum in May 2003. The appointment of additional Community Visitors was required to cover the visitation of existing sites and in preparation for the expansion of the program into the supported accommodation sector.
120 Department of Justice and Attorney-General Annual Report 2002-2003 Glossary ADR Alternative Dispute Resolution CAAT Computer Assisted Audit Techniques CCTV Closed Circuit Television CVP Community Visitor Program ECO Equity Contact Officer EEO Equal Employment Opportunity ESS Employee Self Service online system FOI Freedom of Information Act, Regulation or related activity GAAT Guardianship and Administration Tribunal IJIS Integrated Justice Information System IT/IM Information technology/information management JAGNET Intranet website of the Department of Justice and Attorney-General JSDC Justice Skills Development Centre ODPP Office of the Director of Public Prosecutions QGAP Queensland Government Agent Program QLRC Queensland Law Reform Commission QWIC Queensland Wide Interlinked Courts computer system RRATS Remote Recording and Transcription Service SARAS Study and Research Assistance Scheme SARC Sexual Assault Review Committee SPER State Penalties Enforcement Registry UCPR Uniform Civil Procedure Rules VER Voluntary early retirement
Department of Justice and Attorney-General Annual Report 2002-2003 123 Our finances Department of Justice and Attorney-General Annual Report 2002-2003 125 126 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 127 128 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 129 130 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 131 132 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 133 134 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 135 136 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 137 138 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 139 140 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 141 142 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 143 144 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 145 146 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 147 148 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 149 150 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 151 152 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 153 154 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 155 156 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 157 158 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 159 160 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 161 162 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 163 164 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 165 166 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 167 168 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 169 170 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 171 172 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 173 174 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 175 176 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 177 178 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 179 180 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 181 182 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 183 184 Department of Justice and Attorney-General Annual Report 2002-2003 Department of Justice and Attorney-General Annual Report 2002-2003 185