Director of Public Prosecutions
Offi ce of Public Prosecutions
Committee for Public Prosecutions
ANNUAL REPORT 2010/11
Offi ce of Public Prosecutions 565 Lonsdale Street, Melbourne VIC 3000 Phone No: (03) 9603 7666 Fax No: (03) 9603 7430 www.opp.vic.gov.au
OPP100265-1 Annual Report Spine Cover.indd 1 8/09/11 4:05 PM Contents
QC Queen’s Counsel
RCSI Recklessly cause serious injury
ONE THis YEAR’S HIGHLIGHTS SC Senior Counsel two VICTORIA’S PROSECUTION SERVICE four REPORT OF THE DIRECTOR OF PUBLIC PROSECUTIONS Solicitor A lawyer who prepares a matter for court six REPORT OF THE CHIEF CROWN PROSECUTOR Solicitor Advocate An OPP solicitor who appears in court on behalf of the DPP eight message from the solicitor for PUBLIC PROSECUTIONS ten OPP OFFICE STRUCTURE SPP Solicitor for Public Prosecutions eleven OPP LEGAL PRACTICE STRUCTURE SSOU Specialist Sex Offences Unit twelve OVERVIEW OF THE OPP fourteen ADVOCACY AND BRIEFING Supreme Court The superior court in Victoria that hears the most serious matters fifteen COMPLEX CRIME Trial A hearing in the County or Supreme Court before a judge and jury sixteen AUDIO-VISUAL seventeen PRINCIPAL PROSECUTIONS Victim Impact A statement made by a victim of crime to the court when an offender is being sentenced eighteen VICTIMS STRATEGY AND SERVICES Statement nineteen SPECIALIST SEX OFFENCES UNIT VPFSD Victoria Police Forensic Services Department twenty REGIONAL PROSECUTIONS twenty SENTENCE REVIEWS VSA Victims Support Agency, Department of Justice twenty-two PROCEEDS OF CRIME VSSD Victims Strategy and Services Directorate twenty-three APPEALS twenty-four POLICY AND ADVICE WAS Witness Assistance Service twenty-six CORPORATE SERVICES Witness A person who appears in a court to tell what they know about a crime or other event twenty-eight DPP AND OPP REPRESENTATION ON COMMITTEES AND ADVISORY GROUPS twenty-nine SUMMARY OF FINANCIAL PERFORMANCE thirty summary of the court and prosecution process thirty-ONE COMMITTEE FOR PUBLIC PROSECUTIONS ANNUAL REPORT thirty-two financial report one hundred GLOSSARY
Annual Report 2010/11 The 2010/11 Annual Report of the Committee This document includes: for Public Prosecutions pursuant to section 45 of the Public Prosecutions Act 1994 The 2010/11 Annual Report of the Director of Public Prosecutions pursuant to section 12 of the Full financial statements for the Office of Public Prosecutions Public Prosecutions Act 1994 are either provided in this report or can be accessed at www.opp.vic.gov.au The 2010/11 Annual Report of the Office of Public Prosecutions pursuant to the Financial Management Office of Public Prosecutions Act 1994 565 Lonsdale Street, Melbourne Victoria 3000
Accountable Officer’s declaration
In accordance with the Financial Management Act 1994, I am pleased to present the Office of Public Prosecutions Annual Reportfor the year ending 30 June 2011. Cover printed on paper consisting of 50% post consumer recycled waste and 50% FSC certified fibre.
Text printed on paper consisting of Craig Hyland 100% recycled post consumer content Solicitor for Public Prosecutions FSC certified and carbon neutral. Office of Public Prosecutions 31 August 2011
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OPP100265-1 Annual Report Spine Cover.indd 2 8/09/11 4:05 PM This Year’s Highlights
The Director of Public Prosecutions, the Solicitor for Public Prosecutions, the Offi ce of Public Prosecutions and Crown Prosecutors together form Victoria’s prosecution service. They work together to prosecute people accused of serious crime in Victoria.
In 2010/11 the Offi ce of Public Prosecutions achieved signifi cant results, demonstrating an effective, economic and effi cient prosecution service. An IT infrastructure Training to criminal upgrade began, providing justice stakeholders Guilty outcomes were a more secure, reliable increased. achieved in 88 per cent and effi cient network. of matters – the highest level in 15 years. Female advocates were Super circuits briefed in 48 per cent of successfully tackled prosecutions. Twenty-three per cent of court backlogs in cases were fi nalised at regional Victoria. trial – the lowest level in The OPP appeared eight years. in 67 per cent more A national conference appeals compared to the was hosted for victim OPP solicitors and previous year. support workers. Crown Prosecutors attended 9,125 court sitting days – the highest number in 10 years.
Court appearances by OPP Solicitor Advocates doubled compared to the previous year.
Criminals’ assets worth about $20 million were confi scated – a record amount.
The OPP’s Witness Assistance Service conducted 6,389 consultations with victims and witnesses.
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Annual Report final.indd 1 8/09/11 4:45 PM Victoria’s Prosecution Service
The Director of Public Prosecutions (DPP), the Office of Public Prosecutions (OPP) under the direction of the Solicitor for Public Prosecutions (SPP), and the Crown Prosecutors’ Chambers work together to prosecute serious crime on behalf of the people of Victoria.
They are each independent of government and are appointed by the Governor in Council. The DPP and SPP each report directly to the Attorney-General.
Attorney-General
Director of Solicitor for Chief Crown Prosecutor Public Prosecutions Public Prosecutions
Senior Crown Prosecutors Office of Crown Prosecutors Public Prosecutions Associate Crown Prosecutors Legal Practice/Corporate Services
Under the Public Prosecutions Act 1994, when conducting criminal prosecutions, the OPP must consider justice and fairness; be effective, economic and efficient; and consider the concerns of victims of crime.
Annual Report final.indd 2 8/09/11 4:45 PM Director of Solicitor for Crown Prosecutors Public Prosecutions Public Prosecutions
Victoria’s Crown Prosecutors, The DPP is an independent The SPP, an independent statutory appointed by the Governor in statutory officer appointed by the officer appointed by the Governor in Council, appear on behalf of the Governor in Council. The DPP is Council, is responsible for managing Crown in criminal matters in the responsible for: the budget and staff of the OPP. Magistrates’, County and Supreme Courts. They are managed by the •• conducting committal The SPP’s role is focused on leading Chief Crown Prosecutor. proceedings in the Magistrates’ and driving change in the OPP, and Court contributing to change across the Crown Prosecutors are co-located •• prosecuting serious crime in criminal justice system. with the OPP and work closely with Victoria’s County and The SPP is responsible for briefing OPP solicitors, however they are not Supreme Courts OPP employees. Crown Prosecutors, private •• conducting criminal appeals in barristers and inhouse Solicitor As the DPP is not personally able the County Court, the Court of Advocates to appear in court on to make every decision in every Appeal and the High Court. behalf of the DPP. matter, Crown Prosecutors have Victoria Police and government delegation to indict accused persons In the performance of these agencies such as WorkSafe and the functions, the SPP ensures that for trial and resolve matters as pleas Office of Police Integrity investigate of guilty. They prosecute the most appropriate consideration is given to serious crime, file charges and refer the concerns of victims of crime. complex and important matters. matters to the DPP. Matters prosecuted by the DPP include: Office of •• murder Public Prosecutions •• major sex offences •• drug trafficking The OPP is an independent •• major commercial crime statutory entity and is Victoria’s •• serious assaults largest criminal legal practice. •• aggravated burglaries OPP solicitors prepare and instruct •• serious driving offences, in matters briefed to Crown such as culpable driving Prosecutors, the OPP’s Solicitor •• occupational health and safety Advocates and barristers from the matters involving death or Victorian Bar. serious injury Complementing the core •• corruption involving police prosecution work, OPP solicitors or lawyers. and staff: The DPP is responsible for key •• conduct committals in the decisions including whether to Magistrates’ Court prosecute, what the charges should be, whether a matter should be •• support victims and witnesses withdrawn or discontinued, if an •• apply for the confiscation of the application should be made to proceeds of crime confiscate property associated with •• conduct appeals in the higher crime, and whether to appeal. courts •• bring breaches of custodial Less serious summary matters are orders before the courts prosecuted by Victoria Police in •• provide advice on law reform the Magistrates’ Court, however the DPP can prosecute summary •• provide advice on charges and offences in certain circumstances, evidentiary issues to police and and also finalise some indictable other agencies. matters in the Magistrates’ Court. While the DPP is the legal decision maker, he does not have administrative responsibility for the OPP.
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Annual Report final.indd 3 8/09/11 4:45 PM Report of the Director of Public Prosecutions
The data in the Offi ce of Public Prosecutions (OPP) annual report underscores the extraordinary effectiveness and effi ciency of the OPP during the past year. Although no prosecution agency should be driven by statistical outcomes, it is pleasing to see that, contrary to some uninformed and mendacious comments, the quality of work by the OPP was not affected by extraneous events. The hard-working staff of the Offi ce did not allow themselves to be distracted from performing their important work on behalf of the people of Victoria and I thank them for their dedication. Guilty outcomes as a percentage of matter completions, guilty pleas as a percentage of matter completions, the number of victim and witness referrals and consultations, and the number of days in court by Crown Prosecutors are all above average. Indeed some are at all-time highs. Victoria’s prosecution service remains one of the most professional, committed and effective such agencies in Australia. Its contribution to the maintenance of law and order in society and the safety of all Victorians should be acknowledged. It remains a great pity that the conditions in which the staff are required to work are of such a poor standard. I trust that urgent attention will be given to rectifying this abysmal situation. This is my fourth and fi nal annual report as Victoria’s Director of Public Prosecutions. In it I intend to draw attention to what, I believe, are the major challenges facing Victoria’s criminal justice system. There is a public fascination with sentencing and sentencing standards. This is not unique to Victoria. There is an almost daily commentary on sentences being handed down in our courts. If one were to believe the media coverage of such matters, one could be forgiven for thinking that Victoria’s judges and magistrates are out of touch with community standards and expectations, are inept and fail to appreciate the seriousness of crime in a modern society. It is beyond argument that current sentencing practices for some criminal offences are in need of urgent review. This led to me instituting a program of challenging sentencing practices for some sexual offences, aggravated burglary, and certain occupational health and safety offences. I had commenced work on looking at current sentencing practices for some drug offences. However, in my opinion, on the whole, Victoria’s judicial offi cers do a remarkably good job at fi xing sentences that are appropriately matched to the offence and the offender. Sentencing has become increasingly diffi cult for judges and lawyers, and if errors are made it is usually the product of the complexity of the law and the issues that must be considered. I am not persuaded that crime in this State has reached such proportions as to require signifi cant increases in available penalties or the introduction of mandatory sentencing or other like draconian measures. In a speech in 2008 I said that longer and more punitive sentences are not the panacea for a troublesome crime rate. It was my opinion then, and it remains today, that the greatest deterrent to crime is the certainty of detection coupled with the speedy dispensation of justice.
Annual Report final.indd 4 8/09/11 4:45 PM Victoria’s prosecution service remains one of the most professional, committed and effective in Australia.
This brings me to what, I believe, than at any time since I commenced Finally, I encourage those entrusted are the most significant problems working as a public prosecutor with making decisions about facing our criminal justice system 16 years ago. Our handling of law reform and changes to our – unacceptable delays in matter sensitive and difficult prosecutions justice system to imbue their work completion, the burgeoning length such as sex offences (particularly with compassion, sensitivity and and cost of modern criminal involving offences against children), appropriate regard for the rights and litigation and the complexity of domestic violence and proceedings feelings of others. the law. Each is capable of being involving the mentally impaired is an instrument of injustice, to both immeasurably more sensitive and We must never allow ourselves to the victims of crime and accused responsive to the needs of the become immune to the pain and persons. Delay adversely affects vulnerable than at any previous hurt of our fellow human beings, the quality of evidence. It adds to time. We have actively embraced all of whom should be treated with the anguish and suffering of victims law reform and new technology in dignity and respect. Adherence and those accused of committing an attempt to meet the challenges to these fundamental precepts of criminal offences and their families. that modernity poses for an ancient human behaviour will go a long It makes the achievement of justice system of justice. way to creating a fairer, more more difficult. Matters that are compassionate and humane society. unreasonably protracted burden One of these developments of the courts and the participants in which I am particularly proud is Jeremy W Rapke QC those proceedings, add to the length the establishment of an inhouse Director of Public Prosecutions of the list of matters waiting to be advocacy unit. Staffed by highly heard and increase the cost of the trained, skilled and experienced litigation. If funded by Legal Aid, specialist advocates, it has served they reduce the availability of such the criminal justice system and funding for other matters and those the Victorian community well. It in need of representation. Legal has provided efficiencies for the complexity adds to both the length community by lessening the OPP’s and cost of curial proceedings and reliance on outside counsel for increases the likelihood of errors representation, it has raised the being made by judicial officers and standard of advocacy in criminal lawyers. Errors can lead to injustice, prosecutions and, by providing retrials and a greater burden on the a career path for solicitors who State’s courts. Addressing these wish to specialise in prosecution problems should be an urgent advocacy, it has stemmed the priority of both government and the loss of talented lawyers to the legal profession. No one suggests Victorian Bar and other agencies. that there are easy solutions to these It has a thoroughly modern and problems for they are long standing innovative approach to its work and endemic. But they cannot and, in time, I am hopeful that be ignored. even the sceptics who resisted entrusting important appearance It would be wrong to assume from work to Solicitor Advocates will what I have written that Victoria’s acknowledge the benefits that flow criminal justice system is beset from such a specialist unit. I hope with intractable problems and it will continue to be a repository that no progress has been made of talented advocates from which in refining the system or making future appointments as judges, it more efficient and responsive. magistrates and Crown Prosecutors There is no doubt that our treatment will be made. of victims of crime is better today
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Annual Report final.indd 5 8/09/11 4:45 PM Report of the Chief Crown Prosecutor
It has been another busy year for Victoria’s Crown Prosecutors, who provided more advice to the Solicitor for Public Prosecutions than in previous years. The Crown Prosecutors provided 7,446 advisings in 2010/11 – the highest number in any one year and up 15 per cent on the previous year. Of these, 2,257 related to plea offers. Crown Prosecutors spent 2,873 days in court and signed 2,916 indictments – both slightly higher than in the previous year. The past year has also seen a large number of important matters argued by Crown Prosecutors in the High Court.
In R v Nguyen a full High Court unanimously quashed orders of the Court of Appeal that allowed a respondent’s appeal against conviction for murder and directed an acquittal be entered. The High Court held that the Court of Appeal had erred in deciding that it was not open to the jury to be satisfi ed beyond reasonable doubt that the accused was guilty, quashed the verdicts of acquittal entered by the Court of Appeal, and directed a retrial. The matter of Dickson v The Queen represented a major intrusion of constitutional law into the criminal law. The appellant appealed against conviction for conspiracy to steal under the Crimes Act 1958 (Vic). The issue arose as the property relating to the conspiracy allegation was subject to a customs seizure and was therefore Commonwealth property. The High Court held that there was direct inconsistency between section 321 of the Crimes Act (Vic) and section 11.5 of the Criminal Code Act 1995 (Cth) for the purposes of section 109 of the Commonwealth Constitution, that the State law was thereby rendered invalid and that the appellant had been convicted on an invalid State presentment. 2873 2709 2428 2460 2280 2216 2218 2106 1904
02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11
Crown Prosecutor court days 100%
Annual Report final.indd 6 8/09/11 4:45 PM 59.6 54.5 52.5 50.0 50.8 48.4 47.6 46.5 41.9
02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11
Crown Prosecutor court time as a percentage of time available 7446 6445 6152 5498 4454 4204 3599 3651 2654
02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11
Crown Prosecutor advisings 2873 2709 2428 2460 2280 2216 2218 2106 1904 2873
The past year has seen a large number of 2709 2428 2460 2280 2216 important matters argued2218 by Crown Prosecutors 2106 in the High Court. 1904
02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11
Crown Prosecutor court days
The ramifi cations of this decision Mark Rochford joined Prosecutors’ I acknowledge and thank the Crown are substantial and will focus a Chambers after 23 years at the Prosecutors for their hard work over prosecutor’s mind on the existence of Bar02/03 and was03/04 awarded04/05 silk. Douglas05/06 06/07the course07/08 of08/09 the year.09/10 10/11 parallel Commonwealth criminal laws Trapnell SC and Andrew Tinney before signing a State indictment. SC were both elevatedCrown to the offiProsecutor ce court days Gavin Silbert SC
of100% Senior Crown Prosecutor and In Hogan v Hinch a defendant Brett Sonnet was made a Crown Chief Crown Prosecutor charged with breach of suppression Prosecutor. orders under the Serious Sex Offences Monitoring Act 2005
(Vic) challenged the constitutional 59.6 54.5 validity of that Act in the High 52.5 50.0 50.8 48.4 47.6 46.5 Court. In two judgments the High 100% Court rejected the accused’s 41.9 submission that such suppression orders impermissibly impaired the character of a State court as an independent and impartial 59.6 54.5 52.5 50.0 50.8 48.4 tribunal and as such made them an 47.6 46.5
inappropriate repository of federal 41.9 jurisdiction. The High Court further 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 held that the challenged provision placed an incidental burden on Crown Prosecutor court time the implied freedom of political as a percentage of time available communication but that such burden was reasonably appropriate and adapted to serve a legitimate end. 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 The fi nal matter wasThe Queen v Momcilovic, which was argued with Crown Prosecutor court time all States intervening over several as a percentage of time available days in January and June and upon which the High Court is presently reserved. A major constitutional and
criminal judgment is expected before 7446 year’s end, involving questions of 6445
section 109 inconsistency between 6152 State and Commonwealth drug 5498 laws, the interpretation of settled
authority on the Drugs, Poisons 4454 4204 and Controlled Substances Act 3599 3651 1981 (Vic) and the operation of 7446 2654 the Charter of Human Rights and 6445 Responsibilities Act 2006 (Vic). 6152 5498 In other developments during the 4454
year, we farewelled Chris Beale 4204 3599 who returned to private practice 3651 at the Victorian Bar, and Carmel 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 Barbagallo who returned to Western 2654 Australia after three years with us. Crown Prosecutor advisings
02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 Seven Crown Prosecutor advisings
Annual Report final.indd 7 8/09/11 4:45 PM Message from the Solicitor for Public Prosecutions
The Offi ce of Public Prosecutions (OPP) should be proud of its effective and professional performance during what has been an extraordinary 12 months. The Director of Public Prosecutions (DPP), the OPP under my direction, and the Crown Prosecutors’ Chambers work together to prosecute serious crime on behalf of the people of Victoria. However it is evident that many commentators within the legal profession and the media do not fully understand the prosecution model we have worked under since 1994. The DPP, Chief Crown Prosecutor and the Solicitor for Public Prosecutions are each independent of government and appointed by the Governor in Council. Presently both the Director and I report to the Attorney-General on the effective, economic and effi cient preparation and conduct of all indictable offences and appropriate summary matters. Victorians rightly deserve a prosecution service in which they have confi dence. The unheralded story of the past 12 months is the achievements of the OPP which unfold in the following pages. I congratulate all OPP staff on maintaining their high standards and work ethic throughout a year that has seen the resignation of the DPP and the instigation of a State Government review of roles and responsibilities within criminal prosecutions. While the OPP has been used as a catch-all phrase for public prosecutions in this state, it is a fact that public prosecutions are larger than this offi ce alone, and the controversies leading to the 2011 Vincent Inquiry were external to the OPP. Announcing the review of the structure, operations and management processes of the OPP in May, the Attorney-General, the Honourable Robert Clark MP, acknowledged the many years of service by the hardworking staff of the OPP and that the ‘Victorian community benefi ts greatly from their commitment to our justice system’.
Community ConfidenCe in the justiCe system By the measures on which our performance is judged, we have had a particularly effective year in criminal prosecutions - a record high percentage of guilty outcomes; a record number of court sitting days serviced; and increasing numbers of witnesses and victims assisted. We have made signifi cant progress towards our vision ‘to make a difference in the justice system and the wider community’. We achieved guilty outcomes in more than 88 per cent of matters, equal to our highest level in 15 years. The community has also benefi ted enormously from the effi ciency achieved in the OPP running less trials, the lowest level in eight years. OPP Solicitor Advocates played an increasingly important role in prosecutions, conducting 1,225 hearings, up signifi cantly on the previous year. They undertook more complex matters, with most of their work involving guilty pleas, including legal submissions on current sentencing practices.
Annual Report final.indd 8 8/09/11 4:45 PM The unheralded story of the past 12 months is the achievements of the OPP which unfold in the following pages.
As well as our active role in Our international liaison continued administrative burden on staff, preparing criminal cases, the OPP with visits from Asia; in particular a improve file access, expand file has other important responsibilities delegation from Singapore attended storage capacity, and improve including confiscating criminal the OPP for several days to learn service delivery. assets, assisting victims and about disclosure and plea negotiation. witnesses, and contributing expertise As part of our bid to adopt industry to legislative changes to criminal law. Goals best practice in information technology, an office-wide migration Our prosecutions during the year are During the year we provided to a modern network has started, testament to our goals of delivering 6,389 consultations to victims and that will provide a more secure, quality prosecution services and witnesses, assisting them through reliable, speedy and energy efficient achieving just outcomes efficiently. what can be a difficult and stressful computer environment. experience. Such high levels of Notable prosecutions included At an individual level, career support can significantly reduce the Donna Fitchett who was convicted progression for staff will be more likelihood of witnesses resisting or for a second time and sentenced transparent, with measurable and refusing to give evidence, improve for the murder of her two sons; achievable objectives clearly defined the quality of evidence given, and Robert Farquharson who was in our new online Performance contribute to an increase in the found guilty for a second time Management System. number of cases resolved. of murdering his three sons; Judy Moran who was found guilty At the same time we are focused Values of the murder (accessory after on contributing positively to the Our values underpin all the work we the fact) of her brother-in-law wider criminal justice system, and do. They are to: act with integrity, Des Moran; Peter Dupas who was participating in and initiating programs strive for excellence, respect others, found guilty of murder following a aimed at reducing delay in the courts. work together, and act fairly. retrial; Robert Best who was found guilty of the sexual assault of school As this report shows, there are In a bid to show these values students between 1969 and 1988; many facets to the OPP and they in action and to increase Arthur Freeman who was found are all working well and achieving understanding of the role played guilty of murdering his four-year-old remarkable results. We intend to by the OPP, we have stepped out daughter; and Tony Mokbel who keep building on those achievements of our comfort zone and agreed to pleaded guilty to drug offences. in the year ahead. prosecutors and a victim specialist None of these achievements would being regularly interviewed for a To reflect the diversity of prosecutions be possible without the hard working Radio National documentary on undertaken on a daily basis this and dedicated approach of OPP a murder trial. After two years in year’s report captures the work staff and Crown Prosecutors. On the making the program was aired carried out by the OPP in the courts behalf of the OPP I thank the Crown this year, providing an insight into on Friday, 10 June 2011 under the Prosecutors, the Criminal Bar, the intricacies and complexities of banner of ‘A Day in the Courts’. and the executive team of Stuart criminal prosecutions. Corporate modernisation Ward and Michael Hoyle for their In Law Week we invited secondary leadership and professionalism, We aim to attract the best lawyers school legal studies students into most ably assisted by the dedicated to criminal prosecutions, and to offer our offices for the first time and, senior management team. a modern working environment. looking to the next generation of Personally I thank each staff criminal prosecutors, we took part Developments are under way to member of the OPP for maintaining for the first time in the Victorian better support our staff and increase Law Student Societies Careers Fair exemplary prosecution standards in efficiency, including implementing a a particularly difficult year. at Southbank where we canvassed new practice management system. strong levels of interest from Several significant projects will hundreds of students. be completed in the coming Craig Hyland financial year that will reduce the Solicitor for Public Prosecutions
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Annual Report final.indd 9 8/09/11 4:45 PM OPP Office Structure
Solicitor for Public Prosecutions Craig Hyland
Policy and Advice Communications Unit Directorate Manager Bruce Gardner Manager Carol Stuart
Corporate Services Legal Practice General Manager Michael Hoyle Legal Practice Manager Stuart Ward
Finance Manager Annette Cruz
Projects and Performance Business Analyst Sam Jones
Human Resources Manager Sam Kenny
Library Manager Adriaan Bendeler
Information Technology Services Manager Bruce Stafford
Audio-Visual Manager Rod Hume
Facilities Manager Andrew Sutherland
Registry Manager Carl Barbaro
OuR VISION – To make a difference in the justice system and wider community
Annual Report final.indd 10 8/09/11 4:45 PM OPP Legal Practice Structure
Corruption Legal Prosecution Specialist Lana Custovic
Drugs Acting Legal Prosecution Specialist Hugh Thomas Complex Crime Directorate Manager Vaille Anscombe Organised Crime Legal Prosecution Specialist Vicky Prapas
Commercial Crime/Fraud Legal Prosecution Specialist Joan VanStaveren
Early Resolution Legal Prosecution Specialist Michael Jones
External Agencies and General Crime Legal Prosecution Specialists Anna Loughnan and Nonie McGregor Principal Prosecutions Directorate Manager Stephen Bird Homicide and Coronial Inquests Legal Prosecution Specialist Richard Lewis
Mental Impairment and General Crime Legal Prosecution Specialists Julie Carpenter and Louise Wilkinson
Sex Offences Specialist Sex Offences Unit Legal Prosecution Specialist Directorate Manager Steve Ballek Gary Ching
Advocacy Advocacy and Briefing Legal Prosecution Specialist Directorate Manager Rod Gray Helen Fatouros
Proceeds of Crime Proceeds of Crime Legal Prosecution Specialist Directorate Manager David Gray Damian Martin
Witness Assistance Service Victims Strategy and Services Victim Specialist Directorate Manager Jenna Tuke Anne O’Brien
Regional Prosecutions Directorate Manager Suzette Dootjes
Appeals Directorate Manager Irene McGregor
OuR VISION – To make a difference in the justice system and wider community eleven
Annual Report final.indd 11 8/09/11 4:45 PM Overview of the OPP
Stuart ward LeGAL PRACtICe MANAGeR speCialisation to increasing demands and Following three years of reform, our complexity in sentencing, a review legal practice structure is complete of our sentencing functions was and comprises eight Directorates: completed this year. As a result, we will recruit a Sentencing Specialist. Our legal practice has 202 • Complex Crime solicitors who are mostly • Principal Prosecutions results involved in the preparation and • Specialist Sex Offences We achieved strong results across prosecution of serious criminal • Advocacy and Briefi ng the board in 2010/11, with more matters across Victoria. • Proceeds of Crime cases prosecuted, more guilty Violent assaults, aggravated • Victims Strategy and Services outcomes achieved, and higher burglary, affray, armed robbery • Regional Prosecutions plea rates. and other general serious crime • Appeals. Guilty outcomes – either by a make up 60 per cent of matters We work closely with the Policy and guilty plea or conviction on trial – we prosecute: 20 per cent are were achieved in 88 per cent of sexual offences, 11 per cent are Advice Directorate which reports directly to the SPP. matters, equalling the highest level drug related and the remainder in 15 years. involve homicide, culpable driving, Within the Directorates, expertise commercial crime and fraud, is maintained through highly The increase in matters resolved as corruption, organised crime, mental experienced solicitors undertaking guilty pleas resulted in fewer matters impairment and occupational health the roles of Legal Prosecution going to trial. The proportion of all and safety. Specialists (LPS) in the practice matters fi nalised by trial was 23 per cent – the lowest level in eight Our main offi ce is in Melbourne’s areas of corruptions, drugs, organised crime, commercial crime/ years. In the trials that did proceed, legal precinct, however, due to the conviction rate increased to 56 space constraints, one-third of fraud, early resolution, external agencies (prosecutions conducted per cent compared to 52 per cent in our legal staff are based in a the previous year. nearby building. in cases investigated by agencies other than Victoria Police, such as Guilty pleas were achieved either About 20 per cent of our WorkSafe and the Department of before or at trial in 75 per cent prosecutions take place in regional Primary Industries), general crime, of prosecutions – up from 72 per courts. Solicitors based in our homicide, mental impairment, cent the previous year. Our focus Geelong offi ce prosecute sex sex offences, advocacy, and on early resolution is refl ected in offences and other serious crime proceeds of crime. In response in the western region of the State, and we service prosecutions in the northern and eastern regions 100% from Melbourne. The Geelong offi ce, which opened
two years ago, has demonstrated 75.3 73.8 73.5 73.3 71.8 69.8 69.0 the advantages of the OPP having 70.3 67.0 a permanent presence in regional 65.2 Victoria, including improved liaison with the courts and police.
01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11
Guilty pleas as a percentage of total case completions
Our valueS – act with integrity • wOrk tOgether • Strive fOr eXcellence • reSpect OtherS • act fairly
Annual Report final.indd 12 8/09/11 4:45 PM 100% 27.4 28.8 29.3 28.1 27.0 25.6 25.9 23.1 21.3 22.0
01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11
Trials as a percentage of total case completions 100% 88.3 88.1 87.3 86.7 86.4 86.3 85.3 84.5 82.3 82.0
01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11
Guilty outcomes as a percentage of total case completions 100%
We achieved strong results across75.3 the board, 73.8 73.5 73.3 71.8 69.8 69.0 70.3 67.0 with more cases65.2 prosecuted, more guilty outcomes achieved and higher plea rates. 100% 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11
Guilty pleas as a percentage of total case completions 75.3 73.8 73.5 73.3 71.8 69.8 69.0 the fact that the majority70.3 of the County and Supreme Courts – more of Appeal listing more appeals to 67.0 65.2 guilty pleas were achieved by the than in any other year over the past reduce the backlog. Magistrates’ Court committal stage. decade. This is attributable to an increase in: The outcomes achieved by the Our outcomes in regional Victoria proceeds of crime specialists were particularly strong and • the number of cases completed, demonstrate the effectiveness follow01/02 the02/03 launch03/04 of the04/05 Regional05/06 06/07 including07/08 08/09retrials 09/10 10/11 of tackling organised crime Prosecutions Directorate in • the complexity and duration of networks through the restraint and DecemberGuilty 2009 pleas with as athe percentage aim of of totalcases case completions confi scation of assets. Our specialist increasing standards in regional • the number of hearings attended, solicitors have increasingly prosecutions. The results are concentrated their efforts on major 100% including a 7 per cent increase in detailed on page 20. part-heard adjournments. operations involving large and complex asset holdings. Despite the increased guilty plea The number of appeals completed rate, our solicitors were busier than in the High Court, the Court of Our solicitors are well supported by ever attending courts. In the past Appeal and the Supreme Court witness assistance case managers year, OPP solicitors attended increased by 67 per cent over and legal support offi cers. Without 27.4 28.8 29.3 28.1 27.0 25.6 25.9 9,125 court sitting days in the 23.1 their efforts, we would not achieve 21.3 22.0 the previous year, with the Court the results we do.
100% enhanCinG effiCienCy 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 Early resolution is a priority for Trials as a percentage of total case completions the OPP as it ensures effi cient use of court resources and relieves considerable stress for all involved in a matter, particularly victims 27.4 28.8 29.3 28.1 27.0
25.6 25.9 and witnesses. 23.1 21.3 22.0 We constantly seek ways to deliver our legislative goal of conducting prosecutions ‘effi ciently, 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 economically and effectively’. Trials as a percentage of total case completions In the past year we have: • worked with the courts to fast track cases • seconded a senior solicitor to work with the Department of 100% Justice on initiatives to reduce delay 88.3 88.1 87.3 86.7 86.4 86.3 85.3 84.5 • enhanced the early resolution 82.3 82.0 program in regional prosecutions • used Early Resolution Advocates to mentor junior solicitors in resolution approaches • launched the Continuous Improvement in Legal Standards 100% 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 Project to improve internal processes and practices, 88.3 88.1 87.3 86.7 86.4 86.3 resources and training. 85.3 Guilty outcomes as a percentage of total case 84.5 completions 82.3 82.0
Our valueS – act with integrity • wOrk tOgether • Strive fOr eXcellence • reSpect OtherS • act fairly thirteen
01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 Annual Report final.indd 13 8/09/11 4:45 PM Guilty outcomes as a percentage of total case completions Advocacy and Briefi ng
directOrate manager RoD GRAY
The OPP receives and The Directorate was launched in reCruitment prosecutes briefs of evidence March 2010 in recognition that our We have doubled our number of compiled by Victoria Police. Solicitor Advocates are an integral Solicitor Advocates over the past In servicing the needs of the part of our legal practice. two years to 14 full-time equivalent community of Victoria, one of positions – up from 12 last our main tasks is to ensure that Over the past year, they have been involved in more court appearances year. A recruitment drive for new each brief is assigned to an advocates attracted a strong fi eld of appropriate prosecutor. than in previous years, and have taken on more complex matters. candidates, with those successful To achieve this, we use a robust They conducted 1,225 hearings, coming to the OPP from interstate, ‘one window’ process. Our briefi ng compared to 675 the previous the Commonwealth DPP, the staff consider the complexity of year. The majority of their work has Victorian Bar and Victoria Legal Aid. a matter and the availability and involved guilty pleas, including some We now also have a Solicitor expertise of Crown Prosecutors, involving complex legal submissions Advocate in our Geelong offi ce, Solicitor Advocates and external on current sentencing practices. working with the Specialist Sex barristers when considering who to They appeared in 499 pleas in the Offences Unit as part of a brief a matter to. This year the OPP County Court in 2010/11, and six-month pilot. prepared about 36,000 briefs and in 177 appeals, 138 committals attended about 35,000 hearings and 411 other hearings (including (there can be multiple briefs and mentions, directions hearings, bail hearings for each matter). hearings and breach hearings).
This centralised briefi ng system Our Solicitor Advocates range in 499 helps the OPP achieve consistency, experience from junior to senior address succession planning by advocates, allowing their experience briefi ng young barristers, and strive and skills to be tailored to a range of for improved gender balance. In matters of varying complexity. 2010/11, the number of female 411 barristers briefed externally was similar to the previous year at 38 per cent. Taking into account briefi ngs to all advocates, including Crown Prosecutors and 280 OPP solicitors, 48 per cent of 2009/10 2010/11 appearances were by women. The success of the OPP’s centralised approach to briefi ng
has created interest among other 177
agencies potentially wanting to 148 138
replicate the model. 128 119
soliCitor adVoCates The range and scale of work undertaken by our inhouse Solicitor Advocates has continued to develop during the fi rst full year of operation of the Advocacy and Briefi ng Committals Appeals Pleas Other Directorate. Appearances by Solicitor Advocates
deliver quality prOSecutiOn ServiceS
All guilty pleas Conviction rate Annual Report final.indd 14 8/09/11 4:45 PM Guilty outcomes (pleas and convictions) 100% 89.5 84.2 79.5 73.2 51.4 44.8
2009/10 2010/11
Outcomes in Regional Prosecution matters since formation a day in the courts
friday, 10 june 2011
Complex cOmpleX crime supreme Court • Murder (accessory after the fact): Crime Judy Moran was found guilty of murder (accessory after the fact) directOrate manager in the murder of Des ‘Tuppence’ VAILLe ANsCoMBe Moran (plea). County Court • Make/use a false document: A woman forged her husband’s signature and withdrew $505,000 The Complex Crime Directorate After losing a High Court application to buy a house (plea). has senior and experienced to prevent a retrial, Peter Dupas, • Traffi ck a drug of dependence: solicitors who work on complex, who was serving three consecutive Involving 29 kg of cannabis large-scale and often high- life sentences for three murders, (arraignment). profi le matters. was again convicted and sentenced • Cultivate a commercial quantity to life in prison for one of the of cannabis: 61 kg of cannabis was We have Legal Prosecution murders. Specialists who are expert in allegedly found at one of nine homes prosecuting organised crime, raided in Operation Entity (directions resolution corruption, drug offences and hearing). commercial fraud. We also Protracted legal proceedings over • Cultivate commercial quantities of undertake complex prosecutions several years involving Tony Mokbel cannabis: Two offenders of the 42 including homicide and were resolved. Years of court charged as part of Operation Entity culpable driving. matters involving hundreds of were ‘unlawful non-citizens’ likely to witnesses in seven major drug trials, be deported at the end of a prison The nature of our matters often and potentially millions of dollars term (sentence, Solicitor Advocate). means lengthy preparation and in legal costs, were avoided after long-running court cases. At times, Organised Crime solicitors, with the maGistrates’ Court our matters cannot be discussed sanction of the DPP, negotiated a • Attempt to pervert the course or publicly disclosed because of resolution. Mokbel pleaded guilty of justice: A woman allegedly suppression orders to protect the to traffi cking a large amount of contacted prosecution witnesses right of an accused to a fair trial methylamphetamine while a fugitive to infl uence them to change their and to protect the identity of in 2006–07, and also to traffi cking testimony in her boyfriend’s matter informer witnesses. in ecstasy, and incitement to import (committal). ecstasy in 2005. He will be • Traffi ck commercial quantity hiGh-profile matters sentenced at a later date. of cannabis: (bail application). Judy Moran was tried on a charge Our solicitors demonstrated • Armed robbery: A man armed with of murder (accessory after the fact) effective plea negotiation skills scissors allegedly stole a car during following the death of her brother-in- following 48 arrests for serious drug a test drive and drove to Coffs law Des ‘Tuppence’ Moran at charges as part of Operation Entity Harbour (committal). an Ascot Vale café. She was by Victoria Police. We successfully • Intentionally cause serious injury: convicted and will be sentenced negotiated pleas from all accused, A city nightclub security host was at a later date. saving months of court time and allegedly stabbed after refusing entry to a gang (committal mention). Convictions were upheld in legal costs to the community. As two major murder matters that a result of a conscientious and • Arson: Three prisoners allegedly set were retried. dedicated approach to achieving fi re to their cells to protest against resolution, our prosecution team the conditions in solitary confi nement After an 11-week retrial, Robert resolved the matters swiftly, within (committal mention). Farquharson was convicted for months of the charges being fi led. a second time of the murder of his The main charge is listed. three sons. He was sentenced to life Our fraud specialists prosecuted imprisonment with a minimum of the matter of Sonya Causer, who 33 years. pleaded guilty to 24 charges of misappropriating $19.3 million from the collapsed electronics retailer Clive Peeters. She received eight years’ imprisonment, with a minimum of fi ve years.
achieve juSt OutcOmeS efficiently fifteen
Annual Report final.indd 15 8/09/11 4:45 PM Audio-Visual
The proliferation of text messages, mobile phone Case study closed-circuit television video footage, computer The critical role of CCTV (CCTV) on the streets graphics and police footage in criminal and within businesses and re-enactment videos. prosecutions was homes has impacted on Innovation demonstrated in the trial of the scale of audio-visual former Rebels motorcycle (AV) evidence in criminal At times, the prosecution gang member John Bedson, prosecutions. relies on the AV team ‘motion who was found guilty of CCTV is now used as tracking’ an alleged offender. murdering a rival motorcycle evidence in a multitude of In a matter involving a riot, gang member. CCTV footage matters. A violent bashing the AV team highlighted four from a nearby building was in a city street can involve individuals among the crowd magnified, slowed and refined investigators and our and tracked their movements by our AV staff, capturing solicitors considering 24-hour – proving they were at the pellets from a firearm footage from several cameras scene of the crime when they cartridge flying through the as they track the movements had denied it. air, hitting the victim and other of an alleged offender before areas around the crime scene. and after a crime. Efficiency This was significant evidence as it helped establish the Converting AV evidence can Our AV technicians edit the angle of the shots, together be time-consuming work CCTV footage and convert with the position of the involving thousands of file it into a court compatible shooter and corroborated conversions per matter. format. The amount of CCTV evidence given by the A major drug matter this footage submitted as evidence principal witness for the year involved the conversion has doubled in the past year prosecution. The vehicle used of 5,000 individual text to make up the majority of the by the shooter was captured messages as each of the technicians’ work. Previously from another CCTV source. nine accused had up to four they spent most of their Bedson was sentenced to 23 mobile phones. time converting records years’ imprisonment, with a of interview. A new database developed minimum of 18 years, and is this year has improved appealing his conviction and Other work involves extracting efficiency by providing a sentence. His brother Derek images from computer hard snapshot of matters requiring Bedson, who pleaded guilty to drives, and editing and AV conversion, deadlines, manslaughter, was sentenced converting phone intercepts, individual workload to 12 years’ imprisonment and archiving. with a minimum of eight. He has also filed an appeal against sentence.
Deliver quality prosecution services
Annual Report final.indd 16 8/09/11 4:45 PM a day in the courts
friday, 10 june 2011
Principal principal prOSecutiOnS County Court Prosecutions • Intentionally cause serious injury: − A man allegedly randomly assaulted a tram passenger directOrate manager (fi tness to plead hearing). stePHeN BIRD − A man bound a woman with tape and assaulted her for fi ve hours (sentence). − A group assaulted a man at Southbank causing multiple skull fractures (sentence, Solicitor The Principal Prosecutions minimum of seven, and Denny to Advocate). Directorate prosecutes a variety seven years with a minimum of fi ve. − A man allegedly randomly attacked of matters ranging from violent A cold case police investigation several people in St Kilda (trial). assaults to culpable driving and − A woman allegedly shot her murder. The Directorate has a led to the trial of John McDonald, 70, for the murder of his wife boyfriend in the knee during an mix of both senior, experienced argument (bail application). solicitors and young solicitors. in 1986. The trial heard that McDonald recruited three teenagers − A neighbour allegedly assaulted The varying complexity of our work to abduct his wife from her home, a 70-year-old with a cricket bat, causing a dislocated shoulder provides a training ground for telling them that his wife was crazy (mention). young lawyers who are exposed to and he was going to commit her increasingly diffi cult matters as they to an asylum. Her body has never • Car rebirthing: An ongoing series gain experience. been found. McDonald was found of matters involving alleged car guilty and sentenced to 19 years’ rebirthing (trial). They are mentored by our senior imprisonment, with a minimum of • Aggravated burglary: solicitors who include Legal 13. He is appealing his conviction. − A man damaged a utility with Prosecution Specialists in general a hammer, forced entry to a shed crime, external agency prosecutions, Another two high-profi le murder and demanded cash (plea). homicide and culpable driving, matters involved pleas of not guilty − A woman was disturbed from her coronial inquests, mental impairment on the grounds of mental impairment. sleep and threatened during a theft and early resolution. This defence by Arthur Freeman was from her home (plea). rejected by a jury and he was found − A bystander was shot in the arm We assess the adequacy of briefs of guilty of murdering his four-year-old during an armed robbery at a evidence, consider the legal issues, daughter by throwing her off the home (sentence). and instruct those who appear in Westgate Bridge. He has lodged an court. As part of this process, we appeal against a life sentence with • Recklessly cause serious injury: liaise with police, defence, victims a minimum of 32 years. A jury − A woman was assaulted in a car and witnesses, and the courts to rejected the defence of mental park as she left a kindergarten ensure witnesses and evidence are impairment in the matter of Donna trivia night (plea). ready and available when needed. Fitchett, who was again found guilty − A security guard was ‘glassed’ near a hotel (plea). We have dedicated Early Resolution in a retrial of murdering her sons, Advocates whose role is to assist aged 11 and nine, by drugging and • Cultivate commercial quantity of all OPP solicitors to appropriately then strangling or suffocating them. cannabis: Two accused of cultivating resolve matters at the earliest She was re-sentenced to 27 years’ 23 cannabis plants (directions possible opportunity. Early imprisonment, with a minimum of hearing). resolution of a matter contributes 18 years. to signifi cant effi ciencies in the maGistrates’ Court criminal justice system. effiCienCy Numerous committal mentions, Early resolution of a matter can a summary plea for cultivating cannabis, and a bail application for hiGh-profile matters achieve signifi cant effi ciencies. A large fraud matter relating to ‘car a passenger who allegedly held a Convictions were achieved in a taxi driver at gunpoint (Solicitor rebirthing’ (where stolen cars are number of high-profi le murder and Advocates). manslaughter matters through guilty re-registered) involved a 40,000- pleas, trials and re-trials. page police brief, 30 accused and The main charge is listed. potentially years of court time. Mario Schembri and Bernadette However, 70 per cent of the matters Denny each pleaded guilty to the were resolved by plea before trial, manslaughter of businessman with the remaining accused found Herman Rockefeller. Schembri was guilty at trial. There was one acquittal, imprisoned for nine years with a and two matters are outstanding.
achieve juSt OutcOmeS efficiently Seventeen
Annual Report final.indd 17 8/09/11 4:45 PM Victims Strategy and Services
directOrate manager jeNNA tuKe
The Victims Strategy and Fire Authority (CFA) volunteer, national liaison Services Directorate (VSSD) involved our social worker liaising We organised and hosted a two- provides information and with the police informant and the day Witness Assistance Service assistance to witnesses, victims CFA to assist 55 witnesses. National Conference, which brought of crime and their families. WAS often assists with prosecutions together 30 victim support workers We work closely with prosecutors involving victims who face additional from public prosecution offi ces from – both from within the OPP and barriers to accessing justice. This seven States and Territories, as well the Victorian Bar – and Victoria year two cognitively impaired as the Commonwealth DPP. The Police informants to ensure that sisters from country Victoria, who conference provided an opportunity victims of crime are well informed were victims of sexual assault, for social workers in our highly and supported through the criminal received intensive support from specialised fi eld to liaise and justice process. a social worker, who visited them share knowledge. several times. Due to the changes Matters involving sexual assault, resulting from the Sexual Assault eduCation family violence or the death of a Reform Strategy, the sisters were A radio documentary by the ABC’s victim are given priority assistance able have their evidence and cross- Law Report, following the progress but we also work with traumatised examination recorded beforehand of a murder trial over two years, victims of serious physical assaults, and replayed at the trial. This meant went to air. An OPP senior social armed robberies and aggravated they only had to give evidence once. worker, an OPP solicitor and a burglaries. Senior Crown Prosecutor gave referral support regular interviews throughout the meetinG demand Our efforts to support victims of matter to explain the prosecution The Witness Assistance Service crime are assisted by referral to process and our role in supporting (WAS), which is part of VSSD, the Child Witness Service and the the victim’s family. Our participation experienced steady demand in Victims Assistance and Counselling was aimed at helping to educate 2010/11, with our social workers Program, and to Court Network, the community about the criminal taking part in 6,389 victim and whose volunteers provide support justice system and our role. The witness consultations. on the day of a court appearance. documentary can be heard at www.abc.net.au/rn/lawreport. Our involvement with a victim can range from a telephone conference traininG to familiarise them with the court One of our strategies to help cope process, to contact over months or with demand is to educate other 6389 6166 years as a prosecution progresses professionals in the criminal justice through the legal system. system on how to best provide assistance to victims of crime. The prosecution of Peter Dupas, In 2010/11 we provided training to
who was again convicted of murder 4672 more than 200 police, community following a retrial this year, has and allied health professionals who involved a WAS social worker work with victims of crime. supporting the families of his three victims over 12 years as the matter As a result, more victims and family 3347 has progressed through the courts, members will come to the OPP with including a High Court appeal. an increased knowledge of our role and more realistic expectations of Many matters involve support for the court system. multiple victims and witnesses. 07/08 08/09 09/10 10/11 A two-week committal hearing about the deliberate lighting of a bushfi re Victim and witness allegedly committed by a Country consultations
enhance reSpOnSiveneSS Of the prOSecutiOn Service tO victimS Of crime
Annual Report final.indd 18 8/09/11 4:45 PM a day in the courts
friday, 10 june 2011 Specialist SpecialiSt SeX Sex Offences OffenceS Unit County Court • Rape: − A prostitute was the victim of a directOrate manager violent attempted armed robbery steVe BALLeK and rape at knife point (sentence). − A woman was allegedly raped by her boyfriend (trial). − A man met a 21-year-old woman at a bar and accompanied her home where he allegedly drugged The Specialist Sex Offences historiC matters and raped her (retrial). Unit (SSOU) was established We prosecuted a large number of in 2007 to provide a specialist, − A father allegedly raped his ‘historic’ matters – allegations going daughter in the 1980s (trial). best-practice approach to the back a decade or more. This is likely prosecution of sex offences. − A prostitute had consensual sex due to a combination of factors with a man for a fee and was In 2010/11, 520 new sex offence including complainants feeling more then allegedly threatened with a matters were received by the OPP. confi dent about reporting sexual machete and raped (trial). About 75 per cent were prosecuted assaults to police; Victoria Police − A woman was allegedly raped by by the SSOU and the remainder by being more willing to fi le charges in her boyfriend after an argument Regional Prosecutions. such matters; and an attitudinal shift (trial). as to what constitutes a ‘reasonable − A 14-year-old girl was walking Sex offence matters are taking longer prospect of conviction’ and what towards Dandenong Station with and are becoming more complicated, is in the ‘public interest’. her friend when a man pulled up and our solicitors are spending more in a car and asked where he could A high-profi le historic matter time in conference with witnesses. buy amphetamines. She accepted prosecuted this year was Robert a lift with him, and when she An SSOU is based in our Geelong Best, a former Christian Brother refused to have sex for money, offi ce to prepare all indictable sexual teacher, who was charged with he drove to a secluded area and offence prosecutions in the western sexually assaulting 14 boys at three allegedly raped her (special region, and to work with agencies schools between 1969 and 1988. hearing). to improve the regional and rural After nearly 11 months in the • Indecent assault: A man befriended response to sex offences. County Court and the completion an African refugee family and of six trials, Best pleaded guilty to offered to look after three girls, expertise the remaining matters, avoiding the aged 8, 6 and 4 while their father need for a further fi ve trials. He will Sex offences are particularly was interstate. He then indecently be sentenced at a later date. challenging to prosecute and are assaulted the three girls (Solicitor less likely to resolve through pleas. Advocate, sentence). Our solicitors have developed soCial netWorkinG • Procuring a minor for child expertise to deal with the matters pornography: A 19-year-old man complexities and pressures involved. More prosecutions are emerging represented himself as a model They work closely with four Crown associated with social networking talent scout and induced a number Prosecutors who are assigned solely sites involving men luring teenage of teenage girls to expose parts of to sexual assault matters. In the past girls to have sex with them. Briefs their body online. He took live screen year, 49 per cent of sex offence for these matters often contain shots of the victims and saved the matters were resolved before trial, thousands of pages of transcribed images on his computer (sentence). contributing to an overall conviction messages, and numerous rate of 70 per cent. complainants. One such matter this maGistrates’ Court year involved 53 complainants. • Rape: A teenager was allegedly striCt timeframes raped by her boyfriend (committal). We work under the pressure of traininG • Indecent assault: A teenager strict, legislated time limits for We undertook a number of training allegedly indecently assaulted his prosecuting matters. Sexual assault sessions with Victoria Police nephew, aged 3 to 7 years, between matters have shorter timeframes Sexual Offences and Child Abuse 1970 and 1975 (committal). Investigation Teams this year to and are given priority listing in the The main charge is listed. courts, resulting in a high turnover educate them about recording of matters. For instance, a matter interviews with child victims and involving a child or cognitively cognitively impaired victims; and impaired victim must go to trial we conducted training with workers within three months of committal. from Centres Against Sexual Assault.
deliver quality prOSecutiOn ServiceS nineteen
Annual Report final.indd 19 8/09/11 4:46 PM Regional Prosecutions directorate manager suzette Dootjes
A significant proportion of Improved efficiency The introduction of dedicated the OPP’s prosecutions take The Regional Prosecutions preparation solicitors contributed place in County Courts and Directorate was launched in to achieving resolutions, as early Magistrates’ Courts throughout December 2009 to achieve allocation of files allowed potential regional Victoria. improved efficiencies, consistency of guilty pleas to be identified at an early stage. Our solicitors and prosecutors travel approach and prosecution standards to 13 courts throughout the State, across regional Victoria. Tackling court backlogs with the western region serviced by The reforms included the creation of We instigated a number of our locally staffed Geelong office. Early Resolution Advocate positions successful ‘super circuit’ initiatives in regional Victoria, the use of At times, our solicitors travel to to tackle court backlogs in regional dedicated preparation solicitors regional courts for the day but Victoria. Working cooperatively with based in Melbourne, and improved when a regional ‘circuit’ is running, the courts and defence practitioners, case ownership. generally over four to five weeks, we adopted different approaches they will reside locally for the These changes have had a positive across the regions towards resolving duration of the circuit. impact on prosecution outcomes, older matters (up to five years from committal). Being the only prosecutor dealing contributing to an increase in guilty pleas and convictions in regional with a range of matters in a regional In the Latrobe Valley, the County Victoria. Overall, guilty outcomes court means our prosecutors are Court sat for nine weeks and 20 were achieved in 89.5 per cent exposed to a variety of matters, matters were finalised. A Crown of matters – up 6 per cent on the and have to be organised and Prosecutor assessed the matters previous year. Guilty pleas were efficient. Having solicitors resident beforehand for potential resolution achieved in 79.5 per cent of in or assigned to particular regions and was on hand in the Latrobe matters – up 9 per cent, and the also helps build effective working Valley to directly negotiate and settle conviction rate was 51 per cent – relationships with court staff, matters with defence. police and defence advocates up 15 per cent. in those areas.
Rigorous examination of sentence Sentence Reviews review reports ensures all matters that might potentially be appealed In every sentence, the OPP The report includes the views of are considered personally by solicitor with conduct of the matter the police informant, the victim/s the DPP. completes a sentence review and the prosecutor; details about report. This report has a number sentencing submissions made by the All matters involving a fatality, such of purposes, including assisting the prosecutor; relevant mitigating and as murder, manslaughter, culpable DPP to decide whether to appeal aggravating factors; and any other driving, dangerous driving causing against sentence. factors relevant to sentence. death, and occupational health and
Deliver quality prosecution services
Annual Report final.indd 20 8/09/11 4:46 PM 499 411 280 2009/10 2010/11 177
148 a day in the courts 138 128 119 friday, 10 june 2011
regiOnal prOSecutiOnS We instigated a number of GeelonG County Court Committals Appeals Pleas Other• Armed robbery: A hotel manager successful super circuits to tackle pretended to be the victim in an armed Appearances by Solicitor Advocates robbery of $42,000 from the hotel (plea hearing, Solicitor Advocate). court backlogs in regional Victoria. • RCSI: A father permanently disfi gured his adult son’s face with a machete (plea hearing, Solicitor Advocate). • Arson: A family home burnt down as part of a domestic dispute (sentence). A nine-week super circuit at the • Appeal: Two appeals against sentence Bendigo County Court also had All guilty pleas Conviction rate for driving matters. positive results in tackling a backlog Guilty outcomes (pleas and convictions) of matters, as well as hearing as latrobe Valley County many appeals as possible. During Court the circuit, we had two teams of • Rape: A girl awoke to fi nd a man 100% prosecutors on hand, and the courts allegedly raping her (trial). started half an hour earlier each day • RCSI: A man suffered serious brain
to deal with appeals, before a trial 89.5 damage after hitting his head on 84.2 started. Five trials were completed, concrete in a fi ght with a drunk man 79.5
including one that dated back to 73.2 at Phillip Island (sentence). 2007, and 10 appeals were fi nalised. ballarat County Court In Mildura, older matters were 51.4 • Indecent Act: A shopkeeper sexually targeted by the prosecution team 44.8 assaulted a 14-year-old boy at the attending a week earlier and back of his shop (plea hearing). negotiating with defence. Fourteen mildura County Court trials, six pleas and eight appeals were fi nalised in a six-week period. (via video link to solicitor in Wodonga 2009/10 2010/11 and judge in Melbourne) We will continue to investigate ways • Incest: An intellectually disabled to repeat this success in future as Outcomes in Regional man allegedly indecently assaulted resourcing allows. Prosecution matters his intellectually disabled sister since formation (directions hearing). • ICSI: A horticulturalist allegedly struck a business associate with an iron bar, causing life-threatening injuries (directions hearing).
WodonGa County Court • Recklessly cause injury: A woman safety offences involving deaths are manager of the Appeals Directorate, was hit with a pot plant during an personally considered by the DPP then makes a fi nal decision. argument about a stolen pool cue for potential appeal. (sentence). During 2010/11, sentence review In matters involving other offences, reports were received and analysed melbourne County Court the reports are fi rst examined by the in 1,688 matters. Of those, 193 • Fraud: A Mildura matter involving manager of the Policy and Advice were referred to the DPP for his alleged fraud by a fuel distributor Directorate, who refers matters instruction and 14 were appealed. agent (directions hearing). that may be appealed to the DPP. • Culpable driving: A Horsham matter The DPP, in consultation with the involving two deaths (bail application).
bendiGo County Court • Indecent Assault: Six victims were allegedly sexually assaulted in the 1980s (trial).
The main charge is listed.
achieve juSt OutcOmeS efficiently twenty One
Annual Report final.indd 21 8/09/11 4:46 PM Proceeds of Crime
directOrate manager DAVID GRAY
The Proceeds of Crime taCklinG orGanised CiVil forfeitures Directorate plays a crucial Crime The number of civil forfeitures has role in disrupting the activities We work closely with Victoria Police increased signifi cantly over the of organised crime through investigators to fi rstly restrain – then past three years to 31 applications confi scating the proceeds apply to the courts to confi scate – last year. Under the civil forfeiture of crime. assets as part of major organised provisions of the Confi scation Act, Last year we assisted in the crime drug busts. applications for restraining orders confi scation of about $20 million can be made if there are reasonable This refl ects a trend in our work grounds to suspect property is of criminals’ assets – the highest towards more referrals involving amount since the Confi scation Act tainted. The fi ling of charges large-scale operations – usually is unnecessary. 1997 came into effect in 1998. involving criminal syndicates – that The assets confi scated included are more complex and require The increase in the use of civil homes, shares, motor vehicles signifi cant resources. forfeiture is a result of Victoria and bank accounts. Police becoming more aware of this Our work this year was instrumental method for confi scating criminal expertise in restraining more than $25 proceeds, and our specialists more million in assets derived from drug Our senior solicitors and forensic proactively encouraging police to traffi cking and money laundering accountants, nearly all of whom bring such matters to our attention, in the major police investigation come from a non-criminal law even if an offence cannot be proved Operation Sethra. (The amount background, are expert litigators in beyond a reasonable doubt. to be confi scated is yet to be liquidations, property law, building determined by the courts.) We Our effectiveness in utilising civil and construction law, family law, obtained 21 restraining orders for forfeiture is limited as we do not and equity and trusts. residential premises, commercial have the power to seek the restraint We act on behalf of the DPP and property and bank accounts the of property of a person reasonably work closely with Victoria Police, the day before raids were conducted. suspected to be involved in serious Department of Primary Industries This represented the largest single criminal activity. and the Department of Justice. restraint ever made by Proceeds The process involves applying to the of Crime. courts to restrain assets connected Twelve of these restraining orders with criminal activity, and then were made pursuant to Victoria’s applying to confi scate them. ‘civil forfeiture’ powers – the biggest We have about 550 matters at single use of civil forfeiture power any one time, and about 95 per ever made in Victoria. cent of them are settled following Another major drug traffi cking a negotiated solution based on an investigation was Operation Entity, assessment of the evidence. which involved signifi cant behind- the-scenes work and the assets of more than 80 offenders. More than $18 million of property was restrained and about $2 million of this was confi scated during 2010/11, with the remainder yet to be determined.
deliver quality prOSecutiOn ServiceS
Annual Report final.indd 22 8/09/11 4:46 PM a day in the courts
friday, 10 june 2011
prOceedS Of crime
supreme Court • Application for a forfeiture order for Appeals the home of Judy Moran, who was convicted of the murder (accessory directOrate manager after the fact) of Des Moran, on the IReNe MCGReGoR basis the property was tainted by the offending. The murder was planned at that property, guns and clothes were stored in a hidden safe and the get away car was stored in the garage. The OPP’s expertise in assaults, drug offences and County Court appellate work was brought abalone poaching. Appeals against together under the one conviction involve our County Court • Application for a forfeiture order for management structure this appeals solicitors re-prosecuting the home of an accused who was year to achieve a more strategic matters before a judge. Appeals imprisoned for traffi cking cannabis and coordinated response to against sentence don’t require a re- and had a purpose-built bunker for the crop under the garage. appeal issues. hearing and proceed as a challenge to the magistrate’s sentence. The Appeals Directorate was formed on 1 July 2010 following the CiVil appeals merger of our Higher Court Appeals appealS and County Court Appeals sections. We initiated and responded to civil appeals, mostly relating to drink hiGh Court We have worked under increasing driving prosecutions that have the • A man sought to appeal a sentence pressure this year to meet strict new potential to set a precedent and for serious sexual offences (special deadlines imposed by the Court of have widespread implications. leave application). Appeal in a bid to reduce delays The DPP and accused can appeal in the determination of appeals. on a question of law against ‘fi nal • The DPP sought to appeal a Court of Appeal ruling that quashed a To help meet this extra workload orders’ of magistrates. In 2010/11, conviction for armed robbery and and respond to the initiative, the we initiated eight such appeals ordered a retrial (special leave OPP was funded by the Courts and on behalf of Victoria Police, and application). Tribunals Unit of the Department of responded to nine such appeals Justice to employ extra solicitors brought by accused. • A man sought to appeal conviction and to meet other costs. for drug offences (special leave application). judiCial reVieW CroWn appeals Order 56 of the Supreme Court Court of appeal The Court of Appeal handed down Rules allows a review of the orders Leave to appeal applications against judgment in 30 Crown Appeals. or actions of a judicial offi cer, sentence were heard in several matters The Court allowed 13 appeals usually on the basis of error as involving: and re-sentenced offenders, and to jurisdiction, failing to exercise dismissed 17 appeals. (A list of all jurisdiction or denial of procedural • manslaughter judgments is set out in Appendix 3.) fairness. We initiated one and • armed robbery responded to 19 such applications • intentionally causing serious injury Court of appeal brought by accused. • affray Judgments were handed down in • aggravated burglary 230 appeals by accused against hiGh Court • kidnapping sentence and/or conviction, Eleven applications for special leave • recklessly causing serious injury including 150 appeals against to appeal to the High Court were • cultivating narcotic plants sentence, 33 appeals against heard and two were granted. During • knowingly dealing with proceeds conviction and 47 appeals against the year, our appeals solicitors of crime. conviction and sentence. and policy and advice solicitors assisted Crown Prosecutors in four County Court County Court appeals signifi cant matters. Eleven matters were listed in fi ve courts (Solicitor Advocates involved in six). We responded to more than 2,000 appeals to the County The main charge is listed. Court, challenging Magistrates’ Court convictions and sentences for driving offences, serious
achieve juSt OutcOmeS efficiently twenty three
Annual Report final.indd 23 8/09/11 4:46 PM Policy and Advice
directOrate manager BRuCe GARDNeR
The Policy and Advice They can be viewed at We have also analysed current Directorate provides support www.opp.vic.gov.au. sentencing practices for other to OPP solicitors, Crown offences, including rape, other Prosecutors, the OPP This year a new policy on family sexual offences and intentionally Executive and the DPP on violence was developed to address causing serious injury, to support a number of fronts. the complexities of prosecuting court submissions. matters involving family violence and We keep abreast of legal to guide solicitors and prosecutors dna developments and ensure our about best practice in this area. expertise in criminal prosecutions The policy is to come into effect As part of improved forensic liaison is considered as part of major in the latter half of 2011. processes, this year we worked with legislative reviews. Victoria Police Forensic Services As part of the OPP’s commitment to Department (VPFSD) and Police reducing delay, the Director’s Policy adViCe Prosecutions to develop an early on the early resolution of matters reporting system for forensic DNA One of our roles is to coordinate was updated this year. evidence. In this new process and provide advice on thousands of being trialled, scientists provide an matters to OPP staff and external sentenCinG overview of the forensic evidence agencies, mainly Victoria Police. of a matter. This gives prosecutors This year, we received 266 formal We have developed and updated a sentencing database to ensure we an understanding of the forensic requests from external agencies issues at an earlier stage, and the for advice on issues including provide genuine assistance to the courts on sentencing issues. Our opportunity to use this information the suffi ciency of evidence and to negotiate a plea. It also enables appropriate charges. These requests sentencing analyst assists solicitors in submissions to the courts on us to determine if the more detailed, are assigned to the relevant OPP formal DNA statement, which specialist and are reviewed monthly sentencing ranges to ensure they are just and justifi able. contains statistical analysis (and to ensure they are processed quickly can be time-consuming for VPFSD and accurately. We also respond We also monitor and coordinate scientists to compile) is needed. to hundreds of less formal requests sentence review reports, which are This year the VPFSD provided from external agencies via email compiled after each sentencing. 488 formal DNA statements for or the telephone. (See page 20.) use in court. Internally, we provide advice Following the DPP’s decision In ‘Schedule 8’ offences such as to prosecutors and ensure our to challenge current sentencing sexual assault, serious assault, arson information database is up-to-date practices for aggravated burglary and serious drug matters, we can and relevant. from September 2010, we apply to the judge for a DNA swab analysed hundreds of aggravated to be taken from an offender who poliCy burglary sentences from the past has pleaded or been found guilty, The Director’s Policies detailing four years, as well as Court of to go on a DNA database. This year our obligations and expectations Appeal judgments from the past 599 such orders were given, and in a range of prosecution issues decade. Since the DPP began 45 requests were refused. are written and updated by our notifying accused of the intention solicitors. to challenge current sentencing influenCinG poliCy practices, three accused have and laW reform There are 34 Director’s Policies appealed their sentences. The We represent the OPP on covering a number of issues outcome of these appeals will set numerous committees concerned including disclosure, discretionary a precedent for the OPP’s approach with improving the criminal decisions, early resolution, to current sentencing practices. suppression orders, treatment of justice system, and contribute victims, indemnities and appeals. to legislative reviews.
influence pOlicy and law refOrm
Annual Report final.indd 24 8/09/11 4:46 PM We represent the OPP on numerous committees concerned with improving the criminal justice system.
In the past year the Policy and Post-sentence detention •• assists Victoria Police and Advice Directorate has reviewed The DPP has responsibility for the Commonwealth Attorney- more than 550 sentences for applying to the Supreme Court for General’s Department with the offences of intentionally and post-sentence detention orders requests for mutual assistance recklessly causing serious injury for serious sexual offenders who from foreign countries to obtain to assist the Sentencing Advisory are classified as an unacceptable evidence that is admissible Council (SAC) in its report on the risk of re-offending. An OPP in court introduction of a statutory minimum solicitor represents the DPP on •• assesses Petitions of Mercy penalty for offences committed with the Supervision and Detention claims by convicted accused in gross violence. Order Review Board. The Board relation to conviction or sentence after all appeals have been As part of the Crimes Act Offences recommends such orders to the exhausted Review Group and Jury Directions Department of Justice Secretary, Advisory Group, we contributed to who then refers them to the DPP. •• reviews whether suppression discussion about draft legislation to In the past year, three applications orders have been breached and, clarify and simplify the prosecutions for such orders were made. if so, refers the matter to Victoria for murder, manslaughter and Police for investigation defensive homicide, with the aim Dangerous driving •• develops and reviews memoranda of increasing the efficiency of trials causing serious injury of understanding with external and reducing avoidable appeals We review all matters involving agencies to ensure prosecutions against conviction. dangerous driving causing serious are conducted in a timely and injury to determine appropriate efficient manner. In other law reform work, we helped charges and whether the matter the Department of Justice develop should be prosecuted as a summary and implement a new Victim Impact matter in the Magistrates’ Court or Statement and guide, made a as an indictable matter in the submission to the Department of County Court. Justice on reforming the law on double jeopardy, and participated in a review of hate crime. Other responsibilities The Policy and Advice Directorate Extradition also: International extradition can be •• analyses the implications of complex and challenging, often judgments from the Court of taking several years to achieve Appeal and High Court a result. We assist Victoria Police •• considers requests for the DPP and the Commonwealth Attorney- to review decisions by WorkSafe General to seek the apprehension not to prosecute a particular of fugitives from overseas. This matter year, a suspect was surrendered to •• obtains approval from the DPP Victoria from the United Kingdom for Letters of Assistance for for prosecution of a number of Victoria Police informers and serious offences. Other extraditions ensures strict security procedures are continuing. are adhered to; the letter assists a judge to determine mitigating factors when sentencing the informer
Influence policy and law reform twenty five
Annual Report final.indd 25 8/09/11 4:46 PM Corporate Services
michael hOyle GeNeRAL MANAGeR CoRPoRAte seRVICes Work continued on a new practice were enhanced and insurance management system, intranet and arrangements were made to limit website with all three projects due exposure to cost orders. to be developed next year. Internal budget reporting was augmented through the creation of Corporate Services supports Continuous improVement additional reports for leave liabilities the OPP’s legal practice in leGal standards and expenditure on key projects. through eight business units: A Legal Project Manager was Human Resources (HR), appointed to oversee the Continuous The fi nance unit processed more Information Technology Improvement in Legal Standards than 12,500 invoices and again Services (IT), Finance, project, which aims to improve achieved a compliance rating of Facilities, Library, Registry, processes and support for legal more than 90 per cent, according Audio-Visual (AV), and Projects staff. We have enhanced briefi ng to the Victorian Government’s Fair and Performance. and subpoena request processes Payment Policy. We provide the professional to reduce the chance of error and infrastructure to all OPP staff, and increase administrative effi ciency. inVestment in people continually seek to improve service We also started developing a legal We value our staff for their levels and work standards. training framework to incorporate knowledge, capability, dedication legal fundamentals, specialised and diversity. In recognition of the topics and legal interest training. Corporate importance of retaining skilled staff modernisation and attracting high-calibre recruits, information teChnoloGy An electronic performance we promote fl exible and family- upGrade management system was friendly working conditions. We implemented to replace an We began improving our IT network provide career and professional ineffi cient, paper-based system. infrastructure, migrating to a more development opportunities through The new system was piloted by secure, stable system. Our physical our legal practice structure, internal Corporate Services staff and servers were migrated to a virtual advocacy program and training Principal Prosecutions legal environment, resulting in cost calendar of extensive learning and staff. The project involved the savings and improved performance, development opportunities. reliability and energy effi ciency. development of a competency This, combined with the challenging library and the articulation of and rewarding work we offer, has expectations of staff conduct so seCurity reVieW contributed to a reduction in staff that it aligns with the OPP values. A review of physical and information turnover in the Legal Practice. security was undertaken, resulting An electronic document and in improvements to our fi rewall and We conducted recruitment record management system was infl uencing the security requirements for more than 100 positions, researched, selected and purchased for a number of corporate providing career progression for implementation next year. modernisation projects. opportunities for existing staff A Records Management members, and employing new staff Coordinator role was created to members in areas including delay finanCial manaGement lead the system’s implementation reduction, advocacy and corporate and develop an offi ce-wide records A comprehensive review of internal modernisation. Our staff numbers management strategy and records fi nance policies and procedures increased by 7 per cent. policies and guidelines. This will was undertaken to align them to streamline fi le management and operational requirements and to improve information access and provide greater clarity to staff. document security. Debt management, risk monitoring and reconciliation processes
deliver StrOng gOvernance and prOfeSSiOnal capaBility
Annual Report final.indd 26 8/09/11 4:46 PM Our staff numbers increased by 7 per cent and we experienced a reduction in staff turnover in the legal practice.
Continuing Legal Education events Program, took on fi ve new legal • implementing a new AV system are regularly offered, covering trainees, and offered Seasonal that improves the processing of internal policies and processes Clerkships and Youth Employment digital evidence for courts as well as wider legal procedures Scheme Traineeships. • continuing to provide mobile and processes. Regular induction AV editing facilities to regional We provided continuous education training, and training on Microsoft prosecutions to reduce delays in about the importance of maintaining Offi ce applications and systems the production of digital evidence a safe working environment and specifi c to our offi ce is also • upgrading the lifts and providing provided. offered professional counselling, worker health checks and fl u access to all fl oors to meet Targeted training and development vaccinations. We also participated disability legislation requirements activities for 2010/11 included: in a range of team-based sporting • expanding online library and leisure activities to promote resources, including sentencing • privacy awareness, in partnership wellbeing, team work and improved data to assist with determining with the Offi ce of the Privacy morale. These included fun runs, sentencing ranges Commissioner, to promote team bike riding events, and the • liaising with key stakeholders in information privacy principles Global Corporate Challenge. the justice system, and with other • advocacy in line with our agencies and departments, to Advocacy Competency Corporate serViCes ensure a coordinated response Framework aChieVements in areas such as data collection • use of the new electronic and the development of new In addition to the tasks of the performance management initiatives. business units, Corporate Services system. enhanced service delivery, We employed three solicitors who strengthened performance or had completed the Legal Traineeship improved effi ciency through:
Communications Unit The web revitalisation project progressed, with the purchase A Communications Unit forums and engagement with of a new web content was established this year to other agencies. management system and improve liaison within the ongoing content development. The OPP’s fi rst external criminal justice system. The OPP website is expected communication audit was to be relaunched with a The Unit is responsible for completed early in 2010/11, new design and signifi cantly media relations, writing and providing feedback from expanded content and editing the annual report, more than 60 stakeholders. functionality in 2012. producing a fortnightly Overwhelmingly participants internal newsletter, developing wanted to learn more A new Editorial Committee online news reports, and about the OPP, to develop established this year will web and intranet content better relationships, and continue to implement the management. It also looks were appreciative of the OPP Communications after visual and writing style opportunity to provide Strategy in line with the guidelines, and supports their views. OPP’s values and vision.
deliver StrOng gOvernance and prOfeSSiOnal capaBility twenty Seven
Annual Report final.indd 27 8/09/11 4:46 PM DPP and OPP Representation on Committees and Advisory Groups
During 2010/11, the DPP and OPP were represented on a range of standing committees and advisory groups, and participated in a number of groups overseeing new developments in the criminal justice system.
Committee Purpose Chair Bail Steering Committee Implement the Victoria Law Reform Commission’s (VLRC) recommendations on the Bail Act 1977 DOJ Child Witness Service Advisory Board Discuss and review CWS practice and policy DOJ/VSA Confiscation Scheme Executive Oversee management of the Confiscation Scheme DOJ Management Committee County Court Criminal Users Group Discuss and resolve issues relating to the County Court’s criminal jurisdiction County Court County Koori Court Reference Group Oversee the development and implementation of the County Koori Court County Court Criminal Assets Management Enforcement Official Assignee Liaise with international agencies and constituencies on common proceeds of crime issues Regulators Association New Zealand Criminal Justice Enhancement Program Oversee information management initiatives within the criminal justice system DOJ Steering Committee Criminal Justice System Steering Identify and address issues relating to the operation of the Victorian criminal justice system DOJ Committee Criminal Law Justice Statement Advisory Implement the Victorian Attorney-General’s Justice Statement DOJ Committee Criminal Law Justice Statement Offences Oversee the review of all criminal offences in Victoria DOJ Review Group Dangerous Exhibits Working Group Develop cross-jurisdictional protocols on the management of dangerous exhibits Supreme Court Delay Reduction Advisory Group Identify and implement strategies for delay reduction particularly between committal and trial stages DOJ Expediting Evidentiary Procedure and Develop an interagency approach to managing indictable drug cases Victoria Police Analysis Steering Committee Family Violence Stakeholder Reference Contribute to development of informed policy responses to family violence DOJ Group Family Violence Steering Committee Contribute to a coordinated response by the criminal justice system to family violence issues DOJ Forensic Services Advisory Board Consult and advise VPFSD on strategic direction Victoria Police Forensic (Lab) Reports Committee Develop and implement Forensic Reports (Biology Division) Victoria Police
Hate Crime Review Working Group Review the effectiveness of the law’s response to hate crime DOJ
Implementation Coordination Group Oversee the implementation of the Evidence Act 2008 and the Criminal Procedure Act 2009 DOJ Judicial College of Victoria Multi- Judicial College Develop a sexual assault training package and education framework Disciplinary Steering Committee of Victoria Jury Directions Advisory Group Implement the VLRC’s recommendations on jury directions in criminal trials DOJ Justice Mental Health Partnership Group Advise on the Justice Mental Health Strategy DOJ Magistrates’ Court Criminal Court Users Melbourne Discuss and resolve issues relating to the Magistrates’ Court criminal jurisdiction Group Magistrates’ Court Mutual Assistance Act Liaison Officers Commonwealth Respond to requests for mutual assistance from other countries Group Attorney-General Victoria Police OPP/Victoria Police Consultative Forum Discuss issues of mutual concern and OPP alternately VPFSD and OPP OPP/VPFSD Liaison Meeting Discuss issues of mutual concern regarding the VPFSD’s role in prosecuting in the higher courts alternately Sexual Assault Steering Committee Oversee and coordinate reforms to the criminal justice system to address sexual assault DOJ Supreme Court (Victoria) Criminal President Discuss the Criminal Appeal Reforms Reforms Reference Group. Maxwell Systemic Review of Family Violence Consider family violence deaths investigated by Victorian coroners to inform future intervention Coroner’s Deaths Reference Group and assist in protecting women and children from violence Prevention Unit Evaluate and advise on services available for children in need of therapeutic treatment Therapeutic Treatment Board (aged 10 years and under 15 years) and advise on the appropriateness of the application DHS for a therapeutic treatment order Victims Charter CALD Strategy Reference Inform Department of Justice responses to CALD victims of crime in relation to the DOJ/VSA Group Victims Charter Act Victims Charter Disability Strategy Inform Department of Justice responses in relation to victims of crime with disabilities DOJ/VSA Reference Group Victim Impact Statement Reference Group Oversee the implementation of new VIS legislation DOJ/VSA
Annual Report final.indd 28 8/09/11 4:46 PM Summary of Financial Performance
A summary of the Office of Public recruitment of staff to meet ongoing provisions in line with the increased Prosecution’s financial performance and additional work requirements, level of staff resources and the in 2010/11 is set out below. Full including those imposed by reforms effect of an additional year of financial details are outlined in the in appeals processes. External employee service. Financial Statements. counsel fees were also higher during the year as a result of the complexity There was no change in the final The Victorian Government considers and number of matters. cash flow position from the previous the net result from transactions year. Operating cash inflows to be the appropriate measure of During the year total assets comprised of grant funding from financial management that can be increased by $1.819 million from the Department of Justice while directly attributed to government $17.221 million in 2009/10 to material operating cash outflows policy. This measure excludes the $19.040 million in 2010/11. included employee expenses, effects of revaluations (holding gains A large portion of this increase was fees paid to external counsel and or losses) arising from changes in associated with an independent office accommodation costs. Cash market prices and other changes revaluation of land and buildings outflows from investing activities in the volume of assets shown which resulted in an increase in the related to plant and equipment under ‘other economic flows’ on assessed value of these assets by purchases, office refurbishment the Comprehensive Operating $0.825 million. Capital expenditure works and investment in information Statement, which are outside the was also incurred on office technology infrastructure and control of the OPP. refurbishment works and information equipment. Cash outflows from technology improvements to address financing activities consisted of For the financial year ended 30 issues associated with ageing principal payments for motor June 2011, the OPP recorded infrastructure and equipment. vehicles leased under a finance a net result from transactions of lease arrangement. $0.102 million, comprising revenue Total liabilities increased by of $54.889 million and expenditure $0.949 million from $12.783 of $54.787 million. million in 2009/10 to $13.732 million in 2010/11. This was Revenue and expenditure for the largely due to the movement in year increased by 9 per cent from annual leave and long service leave the previous year, mainly due to
Five year financial summary1 ($ thousand)
2010/11 2009/10 2008/09 2007/08 2006/07
Income from government 54,889 50,374 48,468 46,754 40,138
Total income from transactions 54,889 50,532 48,626 46,754 40,138
Total expenses from transactions 54,787 50,385 48,462 46,603 40,128
Net result from transactions 102 147 164 151 10
Net result for the period 45 145 27 37 10
Net cash flows from operating activities 681 53 619 367 272
Total assets 19,040 17,221 8,753 7,230 6,361
Total liabilities 13,732 12,783 11,619 10,737 10,053
Note 1 Only figures for 2008 to 2011 have been recast based on the comprehensive operating statement format and separation of transactions from other economic flows.
twenty nine
Annual Report final.indd 29 8/09/11 4:46 PM Summary of the Court and Prosecution Process
Investigation stage Crime reported
Investigation by police Charges are not filed Proceeds of crime identified and referred to OPP for consideration Police charge the offender Offender held in custody (remand) Summary (less serious) offences or released on bail or summonsed prosecuted by police to appear in court
Indictable (serious) offences forwarded to OPP for prosecution
Pre-trial stage (Magistrates’ Court)* Filing hearing and committal mention May include bail application
Contested committal Witnesses may be required to Discharged give evidence
Straight hand-up brief DPP will review Possible (bypass committal hearing) Committed to stand trial and may take to trial trial
Plea guilty Plea not guilty End of case Reserved plea
Trial stage (County or Supreme Court) Pre-trial hearing Directions hearings Possible bail applications
Trial Decision to proceed Witnesses are required to give evidence with retrial
DPP will review Guilty Not guilty Hung jury and may take to retrial
End of case
Applications may be made for: Plea stage Plea hearing (County or Supreme Court) Disposal orders Victim Impact Statement Forfeiture orders Compensation Pecuniary penalty orders Sex offences registration orders
Sentence stage Sentence hearing End of case (County or Supreme Court) Post sentence consider victims register
Appeal stage Appeals against conviction (Court of Appeal or High Court) and/or sentence Conviction Conviction Possible bail application appeal appeal dismissed allowed
Sentence Sentence appeal appeal allowed and Acquittal dismissed offender is End of case Possible resentenced trial
* Victims and witnesses are supported throughout the prosecution process
Annual Report final.indd 30 8/09/11 4:46 PM Committee for Public Prosecutions Annual Report
The Committee for Public Prosecutions was established by section 42 of the Public Prosecutions Act 1994. The Committee was empowered to issue guidelines on a number of specific prosecution issues, and to provide advice on the criminal prosecution system generally. During the past year, the Committee consisted of the Director of Public Prosecutions Jeremy Rapke QC, Solicitor for Public Prosecutions Craig Hyland, Chief Crown Prosecutor Gavin Silbert SC and Governor in Council appointee Colleen Pearce. The Committee did not meet during 2010/11 and has nothing to report.
JEREMY W RAPKE QC Director of Public Prosecutions
CRAIG HYLAND Solicitor for Public Prosecutions
GAVIN SILBERT SC Chief Crown Prosecutor
COLLEEN PEARCE Governor in Council Appointee
thirty one
Annual Report final.indd 31 8/09/11 4:46 PM Financial Report for the Year Ended 30 June 2011 Accountable Officer’s and Chief Finance and Accounting Officer’s Declaration Contents
Accountable Officer’s and Chief Finance and Accounting Officer’s Declaration 33
Independent Auditor’s Report 34
Attestation for Compliance with the Australian/New Zealand Risk Management Standard 36
Comprehensive Operating Statement for the Financial Year Ended 30 June 2011 37
Balance Sheet as at 30 June 2011 38
Statement of Changes in Equity for the Financial Year Ended 30 June 2011 39
Cash Flow Statement for the Financial Year Ended 30 June 2011 40
Notes to the Financial Statements for the Financial Year Ended 30 June 2011 41
Note 1. Summary of significant accounting policies 41
Note 2. Output of the Office 52
Note 3. Income from transactions 52
Note 4. Expenses from transactions 53
Note 5. Other economic flows included in net result 54
Note 6. Receivables 55
Note 7. Property, plant and equipment 56
Note 8. Payables and accruals 58
Note 9. Borrowings 59
Note 10. Provisions 60
Note 11. Superannuation 62
Note 12. Leases 63
Note 13. Commitments for expenditure 64
Note 14. Contingent liabilities and contingent assets 64
Note 15. Financial instruments 64
Note 16. Cash flow information 68
Note 17. Reserves 68
Note 18. Intangible assets 69
Note 19. Responsible persons 70
Note 20. Remuneration of executives 70
Note 21. Remuneration of auditors 71
Note 22. Glossary of terms 72
32
OPP Financials 10_11 6_09.indd 32 8/09/11 4:55 PM Accountable Officer’s and Chief Finance and Accounting Officer’s Declaration
33
OPP Financials 10_11 6_09.indd 33 8/09/11 4:55 PM Independent Auditor’s Report
34
OPP Financials 10_11 6_09.indd 34 8/09/11 4:55 PM Independent Auditor’s Report
35
OPP Financials 10_11 6_09.indd 35 8/09/11 4:55 PM Attestation for Compliance with the Australian/New Zealand Risk Management Standard
36
OPP Financials 10_11 6_09.indd 36 8/09/11 4:55 PM Attestation for Compliance with the Comprehensive Operating Statement for the Australian/New Zealand Risk Management Financial Year Ended 30 June 2011 Standard
($ thousand)
Notes 2011 2010
Continuing operations
Income from transactions
Government grant 3(a) 54,889 50,374
Other grant 3(b) – 158
Total income from transactions 54,889 50,532
Expenses from transactions
Employee expenses 4(a) (34,946) (31,930)
Depreciation and amortisation 4(b) (760) (691)
Interest expense 4(c) (56) (49)
Other operating expenses 4(d) (19,025) (17,715)
Total expenses from transactions (54,787) (50,385)
Net result from transactions (net operating balance) 102 147
Other economic flows included in net result
Net gains/(loss) on sale of non-financial assets 5(a) (12) –
Bad debts written off 5(b) (37) –
Net gain/(loss) arising from revaluation of long service leave liability 5(c) (8) (2)
Total other economic flows included in net result (57) (2)
Net result from continuing operations 45 145
Net result 45 145
Other economic flows – other non-owner changes in equity
Changes in physical asset revaluation surplus 17 825 –
Total other economic flows – other non-owner changes in equity 825 –
Comprehensive result 870 145
The comprehensive operating statement should be read in conjunction with the accompanying notes
37
OPP Financials 10_11 6_09.indd 37 8/09/11 4:55 PM Balance Sheet as at 30 June 2011
($ thousand)
Notes 2011 2010
Assets
Financial assets
Cash and deposits 16 73 73
Receivables 6 13,630 12,953
Total financial assets 13,703 13,026
Non-financial assets
Prepayments 438 225
Assets held for sale – 23
Property, plant & equipment 7 4,879 3,947
Intangible assets 18 20 –
Total non-financial assets 5,337 4,195
Total assets 19,040 17,221
Liabilities
Borrowings 9 825 709
Payables 8 2,990 3,607
Provisions 10 9,917 8,467
Total liabilities 13,732 12,783
Net assets 5,308 4,438
Equity
Accumulated surplus / (deficit) (5,635) (5,680)
Reserves 17 1,065 240
Contributed capital 9,878 9,878
Net worth 5,308 4,438
Commitments for expenditure 13
Contingent liabilities and contingent assets 14
The balance sheet should be read in conjunction with the accompanying notes
38
OPP Financials 10_11 6_09.indd 38 8/09/11 4:55 PM Statement of Changes in Equity for the Financial Year Ended 30 June 2011
($ thousand)
Notes Physical Asset Accumulated Contribution by Total Revaluation Surplus Surplus/(deficit) Owners
Balance at 1 July 2009 240 (5,825) 2,719 (2,866)
Net result for the year – 145 – 145
Transfer to accumulated surplus – – – –
Capital appropriation – – 7,159 7,159
Balance at 30 June 2010 240 (5,680) 9,878 4,438
Net result for the year – 45 – 45
Transfer to accumulated surplus 825 – – 825
Capital appropriation – – – –
Balance at 30 June 2011 1,065 (5,635) 9,878 5,308
The statement of changes in equity should be read in conjunction with the accompanying notes
39
OPP Financials 10_11 6_09.indd 39 8/09/11 4:55 PM Cash Flow Statement for the Financial Year Ended 30 June 2011
($ thousand)
Notes 2011 2010
Cash flows from operating activities
Receipts
Receipts from Government 54,175 48,873
Total receipts 54,175 48,873
Payments
Payments to suppliers and employees (53,438) (48,772)
Interest and other costs of finance paid (56) (48)
Total payments (53,494) (48,820)
Net cash flows from/(used in) operating activities 16 681 53
Cash flows from investing activities
Payments for property, plant and equipment (484) (572)
Net cash flows from/(used in) investing activities (484) (572)
Cash flows from financing activities
Owner contributions by State Government – 697
Repayment of finance leases (197) (178)
Net cash flows from/(used in) financing activities (197) 519
Net increase/(decrease) in cash and cash equivalents 0 0
Cash and deposits at beginning of financial year 73 73
Cash and deposits at end of financial year 16 73 73
The cash flow statement should be read in conjunction with the accompanying notes
40
OPP Financials 10_11 6_09.indd 40 8/09/11 4:55 PM Notes to the Financial Statements for the Financial Year Ended 30 June 2011
Note 1. Summary of significant accounting policies
(A) Statement of compliance These general purpose financial statements have been prepared in accordance with theFinancial Management Act 1994 (FMA) and applicable Australian Accounting Standards (AAS) which include Interpretations, issued by the Australian Accounting Standards Board (AASB). In particular, they are presented in a manner consistent with the requirements of the AASB 1049 Whole of Government and General Government Sector Financial Reporting.
Where appropriate, those AAS paragraphs applicable to not–for–profit entities have been applied.
Accounting policies are selected and applied in a manner which ensures that the resulting financial information satisfies the concepts of relevance and reliability, thereby ensuring that the substance of the underlying transactions or other events is reported.
(B) Basis of accounting preparation and measurement The accrual basis of accounting has been applied in the preparation of these financial statements whereby assets, liabilities, equity, income and expenses are recognised in the reporting period to which they relate, regardless of when cash is received or paid.
These financial statements are presented in Australian dollars, the functional and presentation currency of the OPP.
In the application of AAS, judgements, estimates and assumptions are required to be made about the carrying values of assets and liabilities that are not readily apparent from other sources. The estimates and associated assumptions are based on professional judgements derived from historical experience and various other factors that are believed to be reasonable under the circumstances. Actual results may differ from these estimates.
The estimates and associated assumptions are reviewed on an ongoing basis. Revisions to accounting estimates are recognised in the period in which the estimate is revised and also in future periods that are affected by the revision. Judgements made by management in the application of AASs that have significant effects on the financial statements and estimates, with a risk of material adjustments in the next year, are disclosed throughout the notes to the financial statements.
The report has been prepared in accordance with the historical cost convention. Historical cost is based on the fair values of the consideration given in exchange of assets.
Exceptions to the historical cost convention include:
■■ non–financial physical assets which, subsequent to acquisition, are measured at a revalued amount being their fair value at the date of the revaluation less any subsequent accumulated depreciation and subsequent impairment losses. Revaluations are made with sufficient regularity to ensure that the carrying amounts do not materially differ from their fair value; ■■ the fair value of an asset other than land is generally based on its depreciated replacement value.
The accounting policies set out below have been applied in preparing the financial statements for the year ended 30 June 2011 and the comparative information presented for the year ended 30 June 2010.
(C) Reporting entity The financial statements cover the Office of Public Prosecutions (OPP) as an individual reporting entity.
The OPP is the independent statutory authority responsible for preparing and conducting criminal prosecutions in Victoria on behalf of the Director of Public Prosecutions (DPP) under the Public Prosecutions Act 1994.
41
OPP Financials 10_11 6_09.indd 41 8/09/11 4:55 PM Objectives and funding The OPP’s overall objective is to conduct an effective, economical and efficient prosecution service as an integral part of the criminal justice system. The services provided by the OPP must meet community expectations of fairness, impartiality and independence in the application of criminal law.
The OPP is predominantly funded by grants from the Department of Justice.
As there is only one output group within the OPP, controlled income and expenses and controlled assets and liabilities are included in the financial statements (comprehensive operating statement and balance sheet).
(D) Scope and presentation of financial statements Comprehensive operating statement Income and expenses in the comprehensive operating statement are classified according to whether or not they arise from ‘transactions’ or ‘other economic flows’. This classification is consistent with the whole of government reporting format and is allowed under AASB 101 Presentation of financial statements.
‘Transactions’ and ‘other economic flows’ are defined by theAustralian system of government finance statistics: concepts, sources and methods 2005 Cat. No. 5514.0 published by the Australian Bureau of Statistics.
‘Transactions’ are those economic flows that are considered to arise as a result of policy decisions, usually interactions between two entities by mutual agreement. Transactions also include flows within an entity, such as depreciation where the owner is simultaneously acting as the owner of the depreciating asset and as the consumer of the service provided by the asset. Taxation is regarded as mutually agreed interactions between the Government and taxpayers. Transactions can be in kind (e.g. assets provided/given free of charge or for nominal consideration) or where the final consideration is cash.
‘Other economic flows’ are changes arising from market remeasurements. They include:
■■ gains and losses from disposals, revaluations and impairments of non–financial physical and intangible assets; ■■ actuarial gains and losses arising from defined benefit superannuation plans; and ■■ fair value changes of financial instruments.
The net result is equivalent to profit or loss derived in accordance with AASs.
Balance sheet Asset and liabilities are presented in liquidity order with assets aggregated into financial assets and non–financial assets.
Current and non–current assets and liabilities (those expected to be recovered or settled beyond 12 months) are disclosed in the notes, where relevant.
Cash flow statement Cash flows are classified according to whether or not they arise from operating activities, investing activities, or financing activities. This classification is consistent with requirements under AASB 107Statement of cash flows.
Statement of changes in equity The statement of changes in equity presents reconciliations of each non–owner and owner equity opening balance at the beginning of the reporting period to the closing balance at the end of the reporting period. It also shows separately changes due to amounts recognised in the comprehensive result and amounts recognised in other comprehensive income related to other non–owner changes in equity.
(E) Income from transactions Income is recognised to the extent that it is probable that the economic benefits will flow to the entity and the income can be reliably measured.
Grant income Grant income becomes controlled and is recognised by the OPP when it is appropriated from the Department of Justice.
Grants from third parties (other than contribution by owners) are recognised as income in the reporting period in which the OPP gains control over the underlying assets.
Where applicable, amounts disclosed as income are net of returns, allowances, duties and taxes.
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OPP Financials 10_11 6_09.indd 42 8/09/11 4:55 PM (F) Expenses from transactions Expenses are recognised as they are incurred and reported in the financial year to which they relate.
Employee expenses These expenses include all costs related to employment (other than superannuation which is accounted for separately) including wages and salaries, fringe benefits tax, leave entitlements, redundancy payments and WorkCover premiums.
Superannuation – State superannuation defined benefit plans The amount recognised in the comprehensive operating statement in relation to employer contributions for members of defined benefit superannuation plans is simply the employer contributions that are paid or payable to these plans during the reporting period. The level of these contributions will vary depending upon the relevant rules of each plan, and is based upon actuarial advice.
The Department of Treasury and Finance (DTF) in their Annual Financial Statements, disclose on behalf of the State as the sponsoring employer, the net defined benefit cost related to the members of these plans as an administered liability. Refer to DTF’s Annual Financial Statements for more detailed disclosures in relation to these plans.
Depreciation and amortisation Property, plant and equipment and other non–financial physical assets (excluding items under operating leases, asset held–for–sale and land) that have finite useful lives are depreciated. Depreciation is generally calculated on a straight– line basis, at rates that allocate the asset’s value, less any estimated residual value, over its estimated useful life.
Land which is considered to have indefinite life, is not depreciated. Depreciation is not recognised in respect of this asset because the service potential has not, in any material sense, been consumed during the reporting period.
Intangible produced assets with finite useful lives are depreciated as an expense from transactions on a straight line basis over the asset’s useful life. Depreciation begins when the asset is installed and available for use.
The consumption of intangible non–produced assets with finite useful lives is not classified as a transaction but as amortisation and is included in the net result as an other economic flow.
The estimated useful lives, residual values and depreciation method are reviewed at the end of each annual reporting period, and adjustments made where appropriate.
The following are typical estimated useful lives for the different asset classes for both current and prior years:
Asset class Useful life
Leasehold improvements 5 – 15 years
Plant and equipment 4 – 10 years
Motor vehicles under lease 5 years
Buildings 56 years
Intangible assets 7 years
Interest expense Interest expense is recognised in the period in which it is incurred and includes interest on finance lease charges.
Other operating expenses Other operating expenses generally represent the day–to–day running costs incurred in normal operations.
Supplies and services Supplies and services expenses are recognised as an expense in the reporting period in which they are incurred.
Bad and doubtful debts Bad and doubtful debts are assessed on a regular basis. Those bad debts considered as written off by mutual consent are classified as a transaction expense. Those written off unilaterally and the allowance for doubtful receivables, are classified as other economic flows (refer to Note 1 (H)Impairment of financial assets).
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OPP Financials 10_11 6_09.indd 43 8/09/11 4:55 PM (G) Other economic flows included in net result Other economic flows measure the change in volume or value of assets or liabilities that do not result from transactions.
Net gain/(loss) on non–financial assets Net gain/(loss) on non–financial assets and liabilities includes realised and unrealised gains and losses as follows:
Revaluation gains/(losses) of non–financial physical assets Refer to Note 1 (I) Revaluation of non–financial physical assets.
Disposal of non–financial assets Any gain or loss on the sale of non–financial assets is recognised at the date that control of the asset is passed to the buyer and is determined after deducting from the proceeds the carrying value of the assets at the time.
Impairment of non–financial assets Intangible assets not yet available for use or with indefinite useful lives are tested annually for impairment and whenever there is an indication that the asset may be impaired.
All other assets are assessed annually for indications of impairment, except for non–financial physical assets held for sale.
If there is an indication of impairment, the assets concerned are tested as to whether their carrying value exceeds their recoverable amount. Where an asset’s carrying value exceeds its recoverable amount, the difference is written off as an other economic flow, except to the extent that the write–down can be debited to an asset revaluation surplus amount applicable to that class of asset.
If there is an indication that there has been a change in the estimate of the estimate of an asset’s recoverable amount since the last impairment loss was recognised, the carrying amount shall be increased to its recoverable amount. This reversal of the impairment loss occurs only to the extent that the asset’s carrying amount does not exceed the carrying amount that would have been determined, net of depreciation or amortisation, if no impairment loss had been recognised in prior years.
It is deemed that, in the event of the loss or destruction of an asset, the future economic benefits arising from the use of the asset will be replaced unless a specific decision to the contrary has been made. The recoverable amount for most assets is measured at the higher of depreciated replacement cost and fair value less costs to sell. Recoverable amount for assets held primarily to generate net cash inflows is measured at the higher of the present value of future cash flows expected to be obtained from the asset and fair value less costs to sell.
Net gain/(loss) on financial instruments Net gain/(loss) on financial instruments includes:
■■ realised and unrealised gains and losses from revaluations of financial instruments at fair value; ■■ impairment and reversal of impairment for financial instruments at amortised cost; and ■■ disposals of financial assets.
Other gains/(losses) from other economic flows Other gains/(losses) from other economic flows include the gains or losses from:
■■ transfer of amounts from the reserves and/or accumulated surplus to net result due to disposal or derecognition or reclassification; and ■■ the revaluation of the present value of the long service leave liability due to changes in the bond interest rates.
(H) Financial assets Cash and deposits Cash and deposits comprise cash on hand and cash at bank.
Receivables Receivables consist predominantly of amounts owing from the Department of Justice and debtors in relation of costs recoup. Receivables that are contractual are classified as financial instruments. Amounts owing from the Department of Justice are not classified as financial instruments.
Receivables are recognised initially at fair value less an allowance for impairment.
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OPP Financials 10_11 6_09.indd 44 8/09/11 4:55 PM A provision for doubtful receivables is made when there is objective evidence that the debts may not be collected and bad debts are written off when identified (refer to Note 1 (H)Impairment of financial assets).
Impairment of financial assets The OPP assesses at the end of each reporting period whether there is objective evidence that a financial asset or group of financial assets is impaired. All financial assets, except those measured at fair value through profit or loss, are subject to annual review for impairment.
Bad and doubtful debts for financial assets are assessed on a regular basis. Those bad debts considered as written off by mutual consent are classified as a transaction expense. The bad debts not written off by mutual consent and allowance for doubtful receivables are classified as ‘other economic flows’ in the net result.
In assessing impairment of statutory (non–contractual) financial assets, which are not financial instruments, professional judgement is applied in assessing materiality using estimates, averages and computational methods in accordance with AASB 136 Impairment of Assets.
(I) Non–financial assets Non–financial physical assets classified as held for sale Non–financial physical assets (including disposal group assets) are treated as current and classified as held for sale if their carrying amount will be recovered through a sale transaction rather than through continuing use.
This condition is regarded as met only when:
■■ the asset is available for immediate use in the current condition; and ■■ the sale is highly probable and the asset’s sale is expected to be completed within twelve months from the date of classification.
These non–financial physical assets, related liabilities and financial assets are measured at the lower of carrying amount and fair value less costs to sell, and are not subject to depreciation or amortisation.
Property, plant and equipment All non–financial physical assets, are measured initially at cost and subsequently revalued at fair value less accumulated depreciation and impairment.
Non–financial physical assets such as Crown land is measured at fair value with regard to the property’s highest and best use after due consideration is made for any legal or constructive restrictions imposed on the land, public announcements or commitments made in relation to the intended use of the land. Theoretical opportunities that may be available in relation to the asset are not taken into account until it is virtually certain that the restrictions will no longer apply.
The fair value of plant and equipment is normally determined by reference to the asset’s depreciated replacement cost. Existing depreciated historical cost is generally a reasonable proxy for depreciated replacement cost because of the short lives of the assets concerned.
Leasehold improvements The cost of leasehold improvements is capitalised as an asset and depreciated over the remaining term of the lease or the estimated useful life of the improvements, whichever is the shorter.
Non–financial physical assets in construction The cost of non–financial physical assets constructed by the OPP includes the cost of all materials used in construction, direct labour on the project, and an appropriate proportion of variable and fixed overheads.
Intangible assets Purchased intangible assets are initially measured at cost. Subsequently, intangible assets with finite useful lives are carried at cost less accumulated amortisation and accumulated impairment losses. Costs incurred subsequent to initial acquisition are capitalised when it is expected that additional future economic benefits will flow to the State.
When the recognition criteria in AASB 138 Intangible Assets are met, internally generated intangible assets are recognised and measured at cost less accumulated amortisation and impairment.
Revaluations of non–financial physical assets Non–financial physical assets are measured at fair value in accordance with the Financial Reporting Directions (FRD) issued by the Minister for Finance. A full revaluation normally occurs every five years, based on the asset’s government purpose classification but may occur more frequently if fair value assessments indicate material changes in values.
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OPP Financials 10_11 6_09.indd 45 8/09/11 4:55 PM Independent valuers are used to conduct these scheduled revaluations. Any interim revaluations are determined in accordance with the requirements of the FRDs.
Revaluation increases or decreases arise from differences between an asset’s carrying value and fair value.
Net revaluation increases (where the carrying amount of a class of assets is increased as a result of a revaluation) are recognised in ‘Other economic flows – other movements in equity’ and accumulated in equity under the asset revaluation surplus. However, the net revaluation increase is recognised in the net result to the extent that it reverses a net revaluation decrease in respect of the same class of property, plant and equipment previously recognised as an expense (other economic flows) in the net result.
Net revaluation decreases are recognised immediately as other economic flows in the net result, except that the net revaluation decrease shall be recognised in ‘other economic flows – other movements in equity’ to the extent that a credit balance exists in the asset revaluation surplus in respect of the same class of property, plant and equipment. The net revaluation decrease recognised in ‘other economic flows – other movements in equity’ reduces the amount accumulated in equity under the asset revaluation surplus.
Revaluation increases and decreases relating to individual assets within a class of property, plant and equipment, are offset against one another within that class but are not offset in respect of assets in different classes. Any asset revaluation surplus is not normally transferred to accumulated funds on derecognition of the relevant asset.
Other non–financial assets Prepayments Other non–financial assets include prepayments which represent payments in advance of receipt of goods or services or that part of expenditure made in one accounting period covering a term extending beyond that period.
(J) Liabilities Borrowings Borrowings are initially measured at fair value, being the cost of the borrowings, net of transaction costs (refer to Note (K) Leases).
Payables Payables consist of:
■■ contractual payables, such as accounts payable and other sundry liabilities. Accounts payable represent liabilities for goods and services provided to the OPP prior to the end of the financial year that are unpaid, and arise when the OPP becomes obliged to make future payments in respect of the purchase of those goods and services; and ■■ statutory payables such as fringe benefits tax payable.
Contractual payables are classified as financial instruments and categorised as financial liabilities at amortised cost. Statutory payables are recognised and measured similarly to contractual payables, but are not classified as financial instruments and not included in the category of financial liabilities at amortised cost, because they do not arise from a contract.
Provisions Provisions are recognised when the OPP has a present obligation, the future sacrifice of economic benefits is probable, and the amount of the provision can be measured reliably.
The amount recognised as a liability is the best estimate of the consideration required to settle the present obligation at the end of the reporting period, taking into account the risks and uncertainties surrounding the obligation. Where a provision is measured using the cash flows estimated to settle the present obligation, its carrying amount is the present value of those cash flows, using a discount rate that reflects the time value of money and risks specific to the provision.
When some or all of the economic benefits required to settle a provision are expected to be received from a third party, the receivable is recognised as an asset if it is virtually certain that recovery will be received and the amount of the receivable can be measured reliably.
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OPP Financials 10_11 6_09.indd 46 8/09/11 4:55 PM Employee benefits Provision is made for benefits accruing to employees in respect of wages and salaries, annual leave and long service leave for services rendered to the reporting date.
(i) Wages and salaries, annual leave and sick leave Liabilities for wages and salaries, annual leave and accumulating sick leave are recognised in the provision for employee benefits, classified as current liabilities. Those liabilities which are expected to be settled within 12 months of the reporting period, are measured at their nominal values.
Those liabilities that are not expected to be settled within 12 months are also recognised in the provision for employee benefits as current liabilities, but are measured at present value of the amounts expected to be paid when the liabilities are settled using the remuneration rate expected to apply at the time of settlement.
(ii) Long service leave Liability for long service leave (LSL) is recognised in the provision for employee benefits.
Unconditional LSL is disclosed in the notes to the financial statements as current liability, even where the OPP does not expect to settle the liability within 12 months because it will not have the unconditional right to defer the settlement of the entitlement should an employee take leave within 12 months.
The components of this current LSL liability are measured at:
■■ nominal value–component that the OPP expects to settle within 12 months; and ■■ present value–component that the OPP does not expect to settle within 12 months.
Conditional LSL is disclosed as a non–current liability. There is an unconditional right to defer the settlement of the entitlement until the employee has completed the requisite years of service.
This non–current LSL liability is measured at present value. Ant gain or loss following revaluation of the present value of non–current LSL liability is recognised as a transaction, except to the extent that a gain or loss arises due to changes in bond interest rates for which it is then recognised as an ‘other economic flow’ (refer to Note 1(G) ).
Employee benefits on–costs Employee benefits on–costs such as payroll tax, workers compensation and superannuation are recognised separately from the provision for employee benefits.
(K) Leases A lease is a right to use an asset for an agreed period of time in exchange for payment.
Leases are classified at their inception as either operating or finance leases based on the economic substance of the agreement so as to reflect the risks and rewards incidental to ownership. Leases of property, plant and equipment are classified as finance infrastructure leases whenever the terms of the lease transfer substantially all the risks and rewards of ownership from the lessor to the lessee. All other leases are classified as operating leases.
Finance leases OPP as lessee At the commencement of the lease term, finance leases are initially recognised as assets and liabilities at amounts equal to the fair value of the lease property or, if lower, the present value of the minimum lease payment, each determined at the inception of the lease. The lease asset is depreciated over the shorter of the estimated useful life of the asset or the term of the lease.
Minimum finance lease payments are apportioned between reduction of the outstanding lease liability, and periodic finance expense which is calculated using the interest rate implicit in the lease and charged directly to the comprehensive operating statement. Contingent rentals associated with finance leases are recognised as an expense in the period in which they are incurred.
Operating leases OPP as lessee Operating lease payments are recognised as an expense in the comprehensive operating statement on a straight–line basis over the lease term, except where another systematic basis is more representative of the time pattern in benefits derived from the use of the leased asset. The leased asset is not recognised in the balance sheet.
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OPP Financials 10_11 6_09.indd 47 8/09/11 4:55 PM (L) Equity Contribution by owners Additions to net assets that have been designated as contributions by owners are recognised as contributed capital. Other transfers that are in the nature of contributions or distributions have also been designated as contributions by owners.
Transfers of net assets arising from administrative restructurings are treated as distributions to or contributions by owners.
(M) Commitments Commitments are disclosed at their nominal value and inclusive of the goods and services (GST) payable. In addition, where it is considered appropriate and provides additional relevant information to users, the net present values of significant individual projects are stated.
(N) Contingent assets and contingent liabilities Contingent assets and contingent liabilities are not recognised in the balance sheet, but are disclosed by way of a note and, if quantifiable, are measured at nominal value. Contingent assets and liabilities are presented inclusive of GST receivable or payable respectively.
(O) Accounting for the Goods and Services Tax (GST) Income, expenses and assets are recognised net of the amount of associated GST, unless the GST incurred is not recoverable from the taxation authority. In this case, it is recognised as part of the cost of acquisition of the asset or as part of the expense. The Department of Justice manages the GST transactions on behalf of the OPP, the GST components of the OPP’s receipts and/or payments are recognised in the Department’s financial statements.
(P) Events after reporting date Assets, liabilities, income or expenses arise from past transactions or other past events. Where the transactions results from an agreement between the OPP and other parties, the transactions are only recognised when the agreement is irrevocable at or before the end of the reporting period. Adjustments are made to amounts recognised in the financial statements for events which occur after the reporting date and before the date the financial statements are authorised for issue, where those events provide information about conditions which existed at the reporting period. Note disclosure is made about events between the reporting period and the date the financial statements are authorised for issue where the events relate to conditions which arose after the reporting period and which may have a material impact on the results of subsequent reporting periods.
(Q) Rounding of amounts Amounts in the financial statements (including the notes) have been rounded to the nearest thousand dollars, unless otherwise stated. Figures in the financial statements may not equate due to rounding.
(R) AASs issued that are not yet effective Certain new AASs have been published that are not mandatory for the 30 June 2011 reporting period. DTF assesses the impact of these new standards and advises Departments and other entities of their applicability and early adoption where applicable.
As at 30 June 2011, the following standards and interpretations that are applicable to the OPP had been issued but were not mandatory for financial year ended 30 June 2011. Standards and Interpretations that are not applicable to the OPP have been omitted. The OPP has not early adopted these standards.
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OPP Financials 10_11 6_09.indd 48 8/09/11 4:55 PM Applicable for annual Standard/ Impact on the OPP Summary reporting periods Interpretation financial statements beginning on
AASB 9 Financial This standard simplifies requirements Beginning 1 Jan 2013 Detail of impact is still being instruments for the classification and assessed. measurement of financial assets resulting from Phase 1 of the IASB’s project to replace IAS 39 Financial Instruments: Recognition and Measurement (AASB 139 Financial Instruments: Recognition and Measurement).
AASB 124 Related Government related entities have Beginning 1 Jan 2011 Preliminary assessment Party Disclosures (Dec been granted partial exemption with suggests the impact is 2009) certain disclosure requirements. insignificant. However, the OPP is still assessing the detailed impact and whether to early adopt.
AASB 1053 Application This Standard establishes a Beginning 1 Jul 2013 The Victorian Government of Tiers of Australian differential financial reporting is currently considering Accounting Standards framework consisting of two tiers of the impacts of Reduced reporting requirements for preparing Disclosure Requirements general purpose financial statements. (RDRs) for certain public sector entities and has not decided if RDRs will be implemented to the Victorian Public Sector.
AASB 2009–11 This Standard gives effect to Beginning 1 Jan 2013 Detail of impact is still being Amendments to consequential changes arising from assessed. Australian Accounting the issuance of AASB 9. Standards arising from AASB 9 [AASB 1, 3, 4, 5, 7, 101, 102, 108, 112, 118, 121, 127, 128, 131, 132, 136, 139, 1023 and 1038 and Interpretations 10 and 12]
AASB 2009–12 This standard amends AASB 8 Beginning 1 Jan 2011 The amendments only apply to Amendments to to require an entity to exercise those entities to whom AASB Australian Accounting judgement in assessing whether a 8 applies, which are for–profit Standards [AASB 5, 8, government and entities known to be entities except for–profit 108, 110, 112, 119, 133, under the control of that government government departments. 137, 139, 1023 and 1031 are considered a single customer Details of impact is still being and Interpretations 2, 4, for purposes of certain operating assessed. 16, 1039 and 1052] segment disclosures. The standard also makes numerous editorial amendments to other AASs.
AASB 2009–14 Amendments to Interpretation 14 arise Beginning 1 Jan 2011 Expected to have no significant Amendments to from the issuance of prepayments of a impact. Australian Interpretation minimum funding requirement. – Prepayments of a Minimum Funding Requirement [AASB Interpretation 14]
AASB 2010–2 This Standard makes amendments Beginning 1 Jul 2013 Does not affect financial Amendments to to many Australian Accounting measurement or recognition, Australian Accounting Standards, including Interpretations, so is not expected to have any Standards arising from to introduce reduced disclosure impact on financial result or Reduced Disclosure requirements to the pronouncements position. May reduce some Requirements for application by certain types of note disclosures in financial entities. statements.
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OPP Financials 10_11 6_09.indd 49 8/09/11 4:55 PM Applicable for annual Standard/ Impact on the OPP Summary reporting periods Interpretation financial statements beginning on
AASB 2010–4 Further This Standard makes numerous Beginning 1 Jan 2011 No significant impact on the Amendments to improvements designed to enhance financial statements. Australian Accounting the clarity of standards. Standards arising from the Annual Improvements Project [AASB 1, AASB 7, AASB 101 & AASB 134 and Interpretation 13]
AASB 2010–5 This amendment contains editorial Beginning 1 Jan 2011 No significant impact on the Amendments to corrections to a range of Australian financial statements. Australian Accounting Accounting Standards and Standards [AASB 1, 3, Interpretations, which includes 4, 5, 101, 107, 112, 118, amendments to reflect changes made 119, 121, 132, 133, 134, to the text of IFRSs by the IASB. 137, 139, 140, 1023 & 1038 and Interpretations 112, 115, 127, 132 & 1042]
AASB 2010–6 This amendment adds and changes Beginning 1 July 2011 This may impact on Amendments to disclosure requirements about the departments and public sector Australian Accounting transfer of financial assets. This entities as it creates additional Standards – Disclosures includes the nature and risk of the disclosure for transfers of on Transfers of Financial financial assets. financial assets. Detail of Assets [AASB 1 & AASB impact is still being assessed. 7]
AASB 2010–7 These amendments are in relation to Beginning 1 Jan 2013 This amendment may have an Amendments to the introduction of AASB 9. impact on departments and Australian Accounting public sector bodies as AASB Standards arising from 9 is a new standard and it AASB 9 (December changes the requirements of 2010) [AASB 1, 3, 4, numerous standards. Detail of 5, 7, 101, 102, 108, impact is still being assessed. 112, 118, 120, 121, 127, 128, 131, 132, 136, 137, 139, 1023 & 1038 and Interpretations 2, 5, 10, 12, 19 & 127]
AASB 2010–8 This amendment provides a practical Beginning 1 Jan 2012 This amendment provides Amendments to approach for measuring deferred additional clarification through Australian Accounting tax assets and deferred tax liabilities practical guidance. Standards – Deferred when measuring investment property Tax: Recovery of by using the fair value model in AASB Underlying Assets 140 Investment Property. [AASB 112]
AASB 2010–9 This amendment provides guidance Beginning 1 Jul 2011 Amendment unlikely to impact Amendments to for entities emerging from severe on public sector entities. Australian Accounting hyperinflation who are going to Standards – Severe resume presenting Australian Hyperinflation and Accounting Standards financial Removal of Fixed Dates statements or entities that are going for First–time Adopters to present Australian Accounting [AASB 1] Standards financial statements for the first time. It provides relief for first–time adopters from having to reconstruct transactions that occurred before their date of transition to Australian Accounting Standards.
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OPP Financials 10_11 6_09.indd 50 8/09/11 4:55 PM Applicable for annual Standard/ Impact on the OPP Summary reporting periods Interpretation financial statements beginning on
AASB 2011–1 This amendment affects multiple Beginning 1 Jul 2011 This amendment will have no Amendments to Australian Accounting Standards significant impact on public Australian Accounting and AASB Interpretations for the sector bodies. Standards arising from objective of increased alignment with the Trans–Tasman IFRSs and achieving harmonisation Convergence Project between both Australian and New [AASB 1, AASB 5, AASB Zealand Standards. It achieves this 101, AASB 107, AASB by removing guidance and definitions 108, AASB 121, AASB from some Australian Accounting 128, AASB 132 & AASB Standards, without changing their 134 and Interpretations requirements. 2, 112 & 113]
AASB 2011–2 The objective of this amendment is Beginning 1 Jul 2013 The Victorian Government Amendments to to include some additional disclosure is currently considering Australian Accounting from the Trans–Tasman Convergence the impacts of Reduced Standards arising from Project and to reduce disclosure Disclosure Requirements the Trans–Tasman requirements for entities preparing (RDRs) and has not decided if Convergence Project general purpose financial statements RDRs will be implemented to – Reduced Disclosure under Australian Accounting Victorian Public Sector. Requirements [AASB Standards – Reduced Disclosure 101 & AASB 1054] Requirements.
AASB 2011–3 This amends AASB 1049 to clarify Beginning 1 Jul 2012 This amendment provides Amendments to the definition of the ABS GFS clarification to users on the Australian Accounting Manual, and to facilitate the adoption version of the GFS Manual to Standards – Orderly of changes to the ABS GFS Manual be used and what to disclose Adoption of Changes and related disclosures. if the latest GFS Manual to the ABS GFS is not used. No impact on Manual and Related performance measurements Amendments [AASB will occur. 1049]
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OPP Financials 10_11 6_09.indd 51 8/09/11 4:55 PM Note 2. Output of the Office Description of output The number of briefs prepared for hearings and the attendance at hearings on behalf of the Director of Public Prosecutions.
Objectives An effective, economical and efficient prosecution service which is an integral part of the criminal justice system.
Note 3. Income from transactions
($ thousand)
2011 2010
(a) Government grant
Grants 54,889 50,374
(b) Other grant
Legal Services Board – 158
Total grants 54,889 50,532
Total income 54,889 50,532
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OPP Financials 10_11 6_09.indd 52 8/09/11 4:55 PM Note 4. Expenses from transactions
($ thousand)
2011 2010
(a) Employee expenses
Salary and wages 26,524 24,249
Post employment benefits
– Defined contribution superannuation expense 684 647
– Defined benefit superannuation expense 1,445 1,326
– Private funds 314 279
Annual leave and long services leave 3,724 3,228
Other on–costs (fringe benefits tax, payroll tax and workcover levy) 2,255 2,201
Total employee expenses 34,946 31,930
(b) Depreciation and amortisation
Leasehold improvements 320 313
Plant and equipment 240 201
Motor vehicles 200 177
Total depreciation and amortisation 760 691
(c) Interest expense
Interest on finance leases 56 49
Total interest expense 56 49
(d) Other operating expenses
Supplies and services:
Professional services and witness payments 12,373 11,379
Property maintenance 423 426
Information technology 566 625
Printing, stationery & library 891 876
Postage, communication & office expenses 908 785
Interpreters 266 362
Other – travel, personal exp claims, motor vehicles 809 706
Audit services 48 45
Total supplies and services 16,284 15,204
Operating lease rental expenses:
Rent 2,741 2,511
Total other operating expenses 19,025 17,715
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OPP Financials 10_11 6_09.indd 53 8/09/11 4:55 PM Note 5. Other economic flows included in net result
($ thousand)
2011 2010
(a) Net gain/(loss) on non–financial assets
Net gain/(loss) on disposal of property plant and equipment (12) –
Total net gain/(loss) on non–financial assets (12) –
(b) Net gain/(loss) on financial instruments
Bad debts written off not by mutual consent (37) –
Total net gain/(loss) on financial instruments (37) –
(c) Other gains/(losses) from other economic flows
Net gain/(loss) arising from revaluation of long service leave liability (8) (2)
Total other gains/(losses) from other economic flows (8) (2)
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OPP Financials 10_11 6_09.indd 54 8/09/11 4:55 PM Note 6. Receivables
($ thousand)
2011 2010
Current receivables
Contractual
Debtors 99 123
Provision for doubtful contractual receivables (2) (37)
Statutory
Amounts owing from the Department of Justice 12,440 12,020
Total current receivables 12,537 12,106
Non–current receivables
Statutory
Amounts owing from the Department of Justice 1,093 847
Total non–current receivables 1,093 847
Total receivables 13,630 12,953
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OPP Financials 10_11 6_09.indd 55 8/09/11 4:55 PM Note 7. Property, plant and equipment Table 7.1: Classification by ‘Public safety and environment’ purpose group Gross carrying amounts and accumulated depreciation
($ thousand)
Gross carrying amount Accumulated depreciation Net carrying amount
2011 2010 2011 2010 2011 2010
Land at fair value 1,250 740 – – 1,250 740
Buildings at fair value 315 – – – 315 –
Leasehold improvements at fair value 3,025 2,815 (1,910) (1,590) 1,115 1,225
Plant and equipment at fair value 2,069 1,064 (785) (643) 1,284 421
Motor vehicles at fair value 1,073 929 (258) (251) 815 678
Assets under construction at cost 100 883 – – 100 883
7,832 6,431 (2,953) (2,484) 4,879 3,947
Table 7.3: Classification by ‘Public safety and environment’ purpose group Movements in carrying amounts
($ thousand) ($ thousand)
Leasehold improvements Assets under construction Land at fair value Buildings at fair value at fair value Plant, equipment at fair value at cost Motor vehicles at fair value Total
2011 2010 2011 2010 2011 2010 2011 2010 2011 2010 2011 2010 2011 2010
Opening balance 740 740 – – 1,225 1,064 421 575 883 770 678 687 3,947 3,836
Additions – – – – 210 75 232 86 100 473 528 385 1,070 1,019
Adjustments – – – – – – – – – – – – – –
Disposals – – – – – – (12) – – – (191) (196) (203) (196)
Transfer to assets classified – – – – – – – – – – – (23) – (23) as held–for–sale
Revaluation of PPE 510 – 315 – – – – – – – – – 825 –
Depreciation – – – – (320) (313) (240) (201) – – (200) (175) (760) (689)
Impairment of assets – – – – – – – – – – – – – –
Reclassification transfer – – – – – 399 883 (39) (883) (360) – – – –
Closing balance 1,250 740 315 – 1,115 1,225 1,284 421 100 883 815 678 4,879 3,947
56
OPP Financials 10_11 6_09.indd 56 8/09/11 4:55 PM Note 7. Property, plant and equipment Table 7.1: Classification by ‘Public safety and environment’ purpose group Table 7.2: Aggregated depreciation recognised as an expense during the year Gross carrying amounts and accumulated depreciation ($ thousand) ($ thousand) 2011 2010 Gross carrying amount Accumulated depreciation Net carrying amount Leasehold improvements at fair value 320 313 2011 2010 2011 2010 2011 2010 Plant and equipment at fair value 240 201 Land at fair value 1,250 740 – – 1,250 740 Motor vehicles at fair value 200 177 Buildings at fair value 315 – – – 315 – 760 691 Leasehold improvements at fair value 3,025 2,815 (1,910) (1,590) 1,115 1,225
Plant and equipment at fair value 2,069 1,064 (785) (643) 1,284 421 Freehold land and buildings carried at fair value
Motor vehicles at fair value 1,073 929 (258) (251) 815 678 An independent valuation of OPP’s land and buildings was performed by G.M Brien & Associates Pty Ltd and Napier & Blakeley Pty Ltd on behalf of the Valuer–General to determine the fair value of land and buildings. The valuation, Assets under construction at cost 100 883 – – 100 883 which conforms to Australian Valuation Standards, was determined by reference to the amounts for which assets could be exchanged between knowledgeable willing parties in an arm’s length transaction. Fair value is determined by direct 7,832 6,431 (2,953) (2,484) 4,879 3,947 reference to recent market transactions on arm’s length terms for land and buildings of comparable size and location to the Office. The valuation was based on independent assessments. The effective date of the valuation is 30 June 2011.
Table 7.3: Classification by ‘Public safety and environment’ purpose group Movements in carrying amounts
($ thousand) ($ thousand)
Leasehold improvements Assets under construction Land at fair value Buildings at fair value at fair value Plant, equipment at fair value at cost Motor vehicles at fair value Total
2011 2010 2011 2010 2011 2010 2011 2010 2011 2010 2011 2010 2011 2010
Opening balance 740 740 – – 1,225 1,064 421 575 883 770 678 687 3,947 3,836
Additions – – – – 210 75 232 86 100 473 528 385 1,070 1,019
Adjustments – – – – – – – – – – – – – –
Disposals – – – – – – (12) – – – (191) (196) (203) (196)
Transfer to assets classified – – – – – – – – – – – (23) – (23) as held–for–sale
Revaluation of PPE 510 – 315 – – – – – – – – – 825 –
Depreciation – – – – (320) (313) (240) (201) – – (200) (175) (760) (689)
Impairment of assets – – – – – – – – – – – – – –
Reclassification transfer – – – – – 399 883 (39) (883) (360) – – – –
Closing balance 1,250 740 315 – 1,115 1,225 1,284 421 100 883 815 678 4,879 3,947
57
OPP Financials 10_11 6_09.indd 57 8/09/11 4:55 PM Note 8. Payables and accruals
($ thousand)
2011 2010
Current payables
Contractual
Accrued employee benefits – 941
Supplies and services 2,990 2,631
2,990 3,572
Statutory
FBT payable – 35
Total current payables 2,990 3,607
The payables and accruals amounts are exclusive of GST. The Department of Justice pays GST on behalf of this Office.
The average credit period is 30 days. No interest is charged from the date of the invoice.
(a) Maturity analysis of contractual payables Please refer to Note 15(c) for the maturity analysis of contractual payables.
(b) Nature and extent of risk arising from contractual payables Please refer to Note 15(c) for the nature and extent of risks arising from contractual payables.
58
OPP Financials 10_11 6_09.indd 58 8/09/11 4:55 PM Note 9. Borrowings
($ thousand)
2011 2010
Current borrowings
(i) Finance lease liabilities (Note 12) 289 328
Total current borrowings 289 328
Non–current borrowings
(i) Finance lease liabilities (Note 12) 536 381
Total non–current borrowings 536 381
Total borrowings 825 709
(i) Secured by the assets leased. Finance leases are effectively secured as the rights to the leased assets revert to the lessor in the event of default.
Assets pledged as security
The carrying amounts of non–current assets pledged as security are:
Finance lease
Motor vehicles under finance lease (Note 7) 815 678
Total non–current assets pledged as security 815 678
(a) Maturity analysis of borrowings Please refer to Note 15(c) for the ageing analysis of interest bearing liabilities.
(b) Nature and extent of risk arising from interest bearing liabilities Please refer to Note 15(d) for the nature and extent of risks arising from interest bearing liabilities.
(c) Defaults and breaches During the current and prior year, there were no defaults and breaches of any of the loans.
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OPP Financials 10_11 6_09.indd 59 8/09/11 4:55 PM Note 10. Provisions
($ thousand)
2011 2010
Current provisions
(i) Employee benefits (Note 10(a))
(ii) Unconditional and expected to settle within 12 months 5,959 5,147
(iii) Unconditional and expected to settle after 12 months 1,461 1,285
7,420 6,432
Provisions related to employee benefit on–costs (Note 10(a)):
(ii) Unconditional and expected to settle within 12 months 1,146 959
(iii) Unconditional and expected to settle after 12 months 272 229
1,418 1,188
Total current provisions 8,838 7,620
Non–current provisions
(i) Employee benefits (Note 10(a)) 936 735
Employee benefits on–costs (Note 10(a)) 143 112
Total non-current provisions 1,079 847
Total provisions 9,917 8,467
(a) Employee benefits and related on–costs (i)
($ thousand)
2011 2010
Current employee benefits:
Annual leave entitlements 2,622 2,014
Long service leave entitlements 4,798 4,418
Non-current employee benefits:
Long service leave entitlements 936 735
Total employee benefits 8,356 7,167
Current on–costs 1,418 1,188
Non–current on–costs 143 112
Total on–costs 1,561 1,300
Total employee benefits and related on–costs 9,917 8,467
(i) Provisions for employee benefits consist of amounts for annual leave and long service leave accrued by employees, not including on–costs.
(ii) The amounts disclosed are nominal amounts.
(iii) The amounts disclosed are discounted to present value.
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OPP Financials 10_11 6_09.indd 60 8/09/11 4:55 PM (b) Movement in provisions
($ thousand)
On–costs
2011
Opening balance 1,300
Additional provisions recognised 1,030
Reductions arising from payments/other sacrifices of future economic benefits (769)
Closing balance 1,561
Current 1,418
Non–current 143
1,561
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OPP Financials 10_11 6_09.indd 61 8/09/11 4:55 PM Note 11. Superannuation Employees of the Office are entitled to receive superannuation benefits and the Office contributes to both defined benefit and defined contribution plans. The defined benefit plan(s) provides benefits based on years of service and final average salary.
The Office does not recognise any defined benefit liability in respect of the plan(s) because the entity has no legal or constructive obligation to pay future benefits relating to its employees; its only obligation is to pay superannuation contributions as they fall due. The Department of Treasury and Finance discloses the State’s defined benefit liabilities in its disclosure for administered items.
However, superannuation contributions paid or payable for the reporting period are included as part of employee benefits in the comprehensive operating statement of the Office.
The name and details and amounts expensed in relation to the major employee superannuation funds and contributions made by the Office are as follows:
($ thousand)
Fund Paid contribution for the year Contribution outstanding at year end
2011 2010 2011 2010
(i) Defined benefit plans:
State Superannuation Fund – revised and new 684 647 – –
Defined contribution plans:
VicSuper 1,445 1,326 – –
Other 314 279 – –
Total 2,443 2,252 – –
Notes:
(i) The bases for determining the level of contributions is determined by the various actuaries of the defined benefit superannuation plans.
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OPP Financials 10_11 6_09.indd 62 8/09/11 4:55 PM Note 12. Leases
Disclosures for lessees – finance leases Leasing arrangements Finance leases relate to motor vehicles with lease terms of three years. The Office has options to purchase the motor vehicles for a nominal amount at the conclusion of the lease agreements.
($ thousand)
Minimum future lease Present value of minimum payments (i) future lease payments
2011 2010 2011 2010
Finance lease liabilities payable
Not longer than one year 333 367 289 328
Longer than one year and not longer than five years 567 404 536 381
Minimum future lease payments 900 771 825 709
Less future finance charges (75) (62) – –
Present value of minimum lease payments 825 709 825 709
Included in the financial statements as:
Current borrowings lease liabilities (Note 9) – – 289 328
Non–current borrowings lease liabilities (Note 9) – – 536 381
825 709
Note:
(i) Minimum future leases payments include the aggregate of all lease payments and any guaranteed residual.
Disclosures for lessees – operating leases Leasing arrangements Operating leases relate to accommodation with lease terms of between three to five years, with an option to extend for a further five years. All operating lease contracts contain market review clauses in the event that the Office exercises its option to renew. The Office does not have an option to purchase the leased asset at the expiry of the lease period.
($ thousand)
2011 2010
Non–cancellable operating lease payables
Not longer than one year 3,133 574
Longer than one year and not longer than five years 3,993 599
7,126 1,173
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OPP Financials 10_11 6_09.indd 63 8/09/11 4:55 PM Note 13. Commitments for expenditure Capital expenditure commitments There are no outstanding capital expenditure commitments as at 30 June 2011 (2010 – nil)
Other expenditure commitments There are no outstanding other expenditure commitments as at 30 June 2011 (2010 – nil)
Note 14. Contingent liabilities and contingent assets There are no contingent liabilities or contingent assets as at 30 June 2011 (2010 – nil)
Note 15. Financial instruments (a) Financial risk management objectives and policies The Office’s principal financial instruments comprise:
■■ cash assets; ■■ receivables (excluding statutory receivables); ■■ payables (excluding statutory payables); ■■ finance lease payables.
Details of the significant accounting policies and methods adopted, including the criteria for recognition, the basis of measurement, and the basis on which income and expenses are recognised, with respect to each class of financial assets, financial liability and equity instruments are disclosed in Note 1 to the financial statements.
The main purpose in holding financial instruments is to prudentially manage the Office’s financial risks within the government policy parameters.
The Office’s main financial risks include credit risk, liquidity risk and interest rate risk. The Office manages these financial risks in accordance with its financial risk management policy.
The carrying amounts of the Office’s contractual financial assets and financial liabilities by category are disclosed in the table below.
Table 15.1 Categorisation of financial instruments
($ thousand)
Contractual financial assets Contractual financial 2011 – loans and receivables liabilities at amortised cost Total
Contractual financial assets
Cash and deposits 73 – 73
(i) Receivables 97 – 97
Total contractual financial assets 170 – 170
Contractual financial liabilities
(i) Payables – 2,990 2,990
Finance lease liabilities – 825 825
Total contractual financial liabilities – 3,815 3,815
Notes:
(i) The total amounts disclosed here exclude statutory amounts (e.g. amounts owing from the Department of Justice and GST input tax credit recoverable, and taxes payable)
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OPP Financials 10_11 6_09.indd 64 8/09/11 4:55 PM Categorisation of financial instruments
($ thousand)
Contractual financial assets Contractual financial 2010 – loans and receivables liabilities at amortised cost Total
Contractual financial assets
Cash and deposits 73 – 73
(i) Receivables 86 – 86
Total contractual financial assets 159 – 159
Contractual financial liabilities
(i) Payables – 3,572 3,572
Finance lease liabilities – 709 709
Total contractual financial liabilities – 4,281 4,281
Notes:
(i) The total amounts disclosed here exclude statutory amounts (e.g. amounts owing from the Department of Justice and GST input tax credit recoverable, and taxes payable)
(b) Credit risk Credit risk arises from the contractual financial assets of the Office, which comprise cash and deposits, and receivables. The Office’s exposure to credit risk arises from the potential default of counter party on their contractual obligations resulting in financial loss to the Office. Credit risk is measured at fair value and is monitored on a regular basis.
Credit risk associated with Office’s contractual financial assets is minimal because the main debtors are Victorian Government agencies.
Provision of impairment for contractual financial assets is recognised when there is objective evidence that the Office will not be able to collect a receivable. Objective evidence includes financial difficulties of the debtor, default payment, debts which are more than 120 days overdue, and changes in debtor credit ratings.
The carrying amount of contractual financial assets recorded in the financial statements, net of any allowances for losses, represents the Office’s maximum exposure to credit risk without taking account of the value of any collateral obtained.
Table 15.2 Credit quality of contractual financial assets that are neither past due or impaired
($ thousand)
2011 Financial institutions A–1+ credit rating
Cash and deposits 70
Total contractual financial assets 70
2010
Cash and deposits 70
Total contractual financial assets 70
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OPP Financials 10_11 6_09.indd 65 8/09/11 4:55 PM Table 15.3 Ageing analysis of contractual financial assets
($ thousand)
Past due but not impaired Not past Impaired Carrying due and not Less than 3 months – financial amount impaired 1 month 1–3 months 1 year 1–5 years assets
2011
Receivables: (i)
Other receivables 99 50 28 15 4 – 2
Total 99 50 28 15 4 – 2
2010
Receivables: (i)
Other receivables 123 46 20 19 1 – 37
Total 123 46 20 19 1 – 37
Note:
(i) The carrying amounts disclosed here exclude statutory amounts (e.g. amounts owing from the Department of Justice and GST input tax credit recoverable, and taxes payable)
(c) Liquidity risk Liquidity risk is the risk that the Office would be unable to meet its financial obligations as and when they fall due. The Office operates under the Government fair payments policy of settling financial obligations within 30 days and in the event of a dispute, make payments within 30 days from the date of resolution.
The Office’s maximum exposure to liquidity risk is the carrying amounts of financial liabilities in the face of the balance sheet.
The Office’s exposure to liquidity risk is deemed insignificant based on prior periods’ data and current assessment of risk.
Table 15.4 Maturity analysis of contractual financial liabilities (ii)
($ thousand)
Maturity dates
Carrying Nominal Less than 3 months – amount amount 1 month 1–3 months 1 year 1–5 years
2011
Payables: (i)
Supplies and services 2,990 2,990 2,990 – – –
Borrowings:
Finance lease liabilities 825 900 66 58 209 567
Total 3,815 3,890 3,056 58 209 567
2010
Payables: (i)
Supplies and services 3,572 3,572 3,572 – – –
Borrowings:
Finance lease liabilities 709 771 52 70 245 404
Total 4,281 4,343 3,624 70 245 404
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OPP Financials 10_11 6_09.indd 66 8/09/11 4:55 PM Note:
(i) The carrying amounts disclosed exclude statutory amounts (e.g. GST payable).
(ii) Maturity analysis is presented using the contractual undiscounted cash flows.
(d) Market risk The Office’s exposure to market risk is primarily through interest rate risk. The exposure to interest rate risk is insignificant and arises primarily through the Office’s interest bearing financial instruments with relatively even maturity profiles.
The carrying amounts of financial assets and financial liabilities that are exposed to interest rates are set out in the Table below.
Table 15.5 Interest rate risk exposure of financial instruments
Weighted Carrying amount Interest rate exposure average effective interest Fixed interest Variable interest Non-interest rate % rate rate bearing
2011
Financial assets
Cash and deposits – 73 – – 73
Other receivables – 97 – – 97
Total financial assets – 170 – – 170
Financial liabilities
Other payables – 2,990 – – –
Finance lease liabilities 6.76% 825 825 – –
Total financial liabilities 3,815 825 – –
2010
Financial assets
Cash and deposits – 73 – – 73
Other receivables – 86 – – 86
Total financial assets – 159 – – 159
Financial liabilities
Other payables – 3,572 – – 3,572
Finance lease liabilities 7.19% 709 709 – –
Total financial liabilities 4,281 709 – 3,572
(e) Fair value The Office considers that the carrying amount of financial instrument assets and liabilities recorded in the financial statements to be fair approximation of their fair values, because of the short-term nature of the financial instruments and the expectation that they will be paid in full.
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OPP Financials 10_11 6_09.indd 67 8/09/11 4:55 PM Note 16. Cash flow information (a) Reconciliation of cash and deposits
($ thousand)
2011 2010
Total cash and deposits disclosed in the balance sheet 73 73
Balance as per cash flow statement 73 73
(b) Reconciliation of net result for the period
($ thousand)
2011 2010
Net results for the period 45 145
Non-cash movements:
Depreciation and amortisation of non-current assets 760 691
(Gain)/loss on sale or disposal of non-current assets 12 –
Other non cash movements 45 –
Movements in assets and liabilities:
(Increase)/decrease in receivables (714) (1,659)
(Increase)/decrease in prepayments (213) (225)
(Decrease)/increase in payables (696) 355
(Decrease)/increase in provisions 1,442 746
Net cash inflow from /(used in) operating activities 681 53
Note 17. Reserves
($ thousand)
2011 2010
(i) Physical asset revaluation surplus:
Balance at beginning of financial year 240 240
Revaluation increments/(decrements) 825 –
Balance at end of financial year 1,065 240
Notes:
(i) The physical asset revaluation surplus arises on the revaluation of land and building.
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OPP Financials 10_11 6_09.indd 68 8/09/11 4:55 PM Note 18. Intangible assets
($ thousand)
Computer software Total
2011 2010 2011 2010
Gross carrying amount
Opening balance – – – –
Additions 20 – 20 –
Closing balance 20 – 20 –
Accumulated depreciation, amortisation and impairment
Opening balance – – – –
(i) Depreciation and amortisation expense – – – –
Closing balance – – – –
Net book value at end of financial year 20 – 20 –
Notes:
(i) The assumption of intangible produced asset is included in ‘depreciation’ line item, where the assumption of the intangible non-produced assets is included in ‘net gain/(loss) on non-financial assets’ line item on the comprehensive operating statement.
During 2010-11, amortisation expense amounted to $238.16. The amount was not disclosed in the notes due to rounding to the nearest thousand dollars.
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OPP Financials 10_11 6_09.indd 69 8/09/11 4:55 PM Note 19. Responsible persons In accordance with the Ministerial Directions issued by the Minister for Finance under the Financial Management Act 1994, the following disclosures are made regarding responsible persons for the reporting period.
Names The persons who held the positions of Ministers and Accountable Officer in the Department and the Office are as follows:
Attorney-General The Hon. Rob Hulls, MP 1 July 2010 to 1 December 2010
The Hon. Robert Clark, MP 2 December 2010 to 30 June 2011
Secretary to the Department of Justice Ms Penny Armytage 1 July 2010 to 30 June 2011
Accountable Officer Craig Hyland 1 July 2010 to 30 June 2011
Remuneration Remuneration received or receivable by the accountable officer in connection with the management of the Office during the reporting period was in the range:
$270,000 – $280,000 ($250,000 – $260,000 in 2010)
The amount relating to the Attorney-General is reported in the financial statements of the Department of Premier and Cabinet.
The amount relating to the Secretary to the Department is disclosed in the annual report of the Department of Justice.
Note 20. Remuneration of executives The number of executive officers, other than ministers and the accountable officer, and their total remuneration during the reporting period are shown in the first two columns in the table below in their relevant income bands. The base remuneration of executive officers is shown in the third and fourth columns. Base remuneration is exclusive of bonus payments, long-service leave payments, redundancy payments and retirement benefits.
Total remuneration Base remuneration
2011 2010 2011 2010
Income band No. No. No. No.
$170,000 – $179,999 1 2
$180,000 – $189,999
$190,000 – $199,999 2
$200,000 – $209,999 2
$210,000 – $219,999
$220,000 – $229,999
$230,000 – $239,999 1
Total numbers 2 2 2 2
Total amount $412,205 $407,520 $387,016 $347,607
Note: Remuneration of executives does not include any statutory appointments – refer to glossary.
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OPP Financials 10_11 6_09.indd 70 8/09/11 4:55 PM Note 21. Remuneration of auditors
($ thousand)
2011 2010
Victorian Auditor-General’s Office
Audit or review of the financial statements 20 20
20 20
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OPP Financials 10_11 6_09.indd 71 8/09/11 4:55 PM Note 22. Glossary of terms Amortisation Amortisation is the expense which results from the consumption, extraction or use over time of a non-produced physical or intangible asset. This expense is classified as an other economic flow.
Borrowings Borrowings refers to interest-bearing liabilities mainly raised from public borrowings raised through Treasury Corporation of Victoria, finance leases and other interest-bearing arrangements. Borrowings also include non-interest- bearing advances from government that is acquired for policy purposes.
Comprehensive result The net result of all items of income and expense recognised for the period. It is the aggregate of operating result and other non-owner movements in equity.
Commitments Commitments include those operating, capital and other outsourcing commitments arising from non-cancellable contractual or statutory sources.
Current grants Amounts payable or receivable for current purposes for which no economic benefits of equal value are receivable or payable in return.
Depreciation Depreciation is an expense that arises from the consumption through wear or time of a produced physical or intangible asset. This expense is classified as a ‘transaction’ and so reduces the ‘net result from transaction’.
Employee benefit expenses Employee benefits expenses include all costs related to employment including wages and salaries, fringe benefits tax, leave entitlements, redundancy payments, defined benefits superannuation plans, and defined contribution superannuation plans.
Financial asset A financial asset is any asset that is:
(a) cash; (b) an equity instrument of another entity; (c) a contractual or statutory right: ■■ to receive cash or another financial asset from another entity; or ■■ to exchange financial assets or financial liabilities with another entity under conditions that are potentially favourable to the entity; or (d) a contract that will or may be settled in the entity’s own equity instruments and is: ■■ a non-derivative for which the entity is or may be obliged to receive a variable number of the entity’s own equity instruments; or ■■ a derivative that will or may be settled other than by the exchange of a fixed amount of cash or another financial asset for a fixed number of the entity’s own equity instruments.
Financial instrument A financial instrument is any contract that gives rise to a financial asset of one entity and a financial liability or equity instrument of another entity. Financial assets or liabilities that are not contractual (such as statutory receivables or payables that arise as a result of statutory requirements imposed by governments) are not financial instruments.
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OPP Financials 10_11 6_09.indd 72 8/09/11 4:55 PM Financial liability A financial liability is any liability that is:
(a) A contractual obligation: (i) To deliver cash or another financial asset to another entity; or (ii) To exchange financial assets or financial liabilities with another entity under conditions that are potentially unfavourable to the entity; or (b) A contract that will or may be settled in the entity’s own equity instruments and is: (i) A non-derivative for which the entity is or may be obliged to deliver a variable number of the entity’s own equity instruments; or (ii) A derivative that will or may be settled other than by the exchange of a fixed amount of cash or another financial asset for a fixed number of the entity’s own equity instruments. For this purpose the entity’s own equity instruments do not include instruments that are themselves contracts for the future receipt or delivery of the entity’s own equity instruments.
Financial statements Depending on the context of the sentence where the term ‘financial statements’ is used, it may include only the main financial statements (i.e. comprehensive operating statement, balance sheet, cash flow statements, and statement of changes in equity); or it may also be used to replace the old term ‘financial report’ under the revised AASB 101 (September 2007), which means it may include the main financial statements and the notes.
Grants and other transfers Transactions in which one unit provides goods, services, assets (or extinguishes a liability) or labour to another unit without receiving approximately equal value in return. Grants can either be operating or capital in nature.
Grants can be paid as general purpose grants which refer to grants that are not subject to conditions regarding their use. Alternatively, they may be paid as specific purpose grants which are paid for a particular purpose and/or have conditions attached regarding their use.
Intangible assets Intangible assets represent identifiable non-monetary assets without physical substance.
Interest expense Costs incurred in connection with the borrowing of funds. Interest expenses include interest on bank overdrafts and short-term and long-term borrowings, amortisation of discounts or premiums relating to borrowings, interest component of finance leases repayments, and the increase in financial liabilities and non-employee provisions due to the unwinding of discounts to reflect the passage of time.
Net result Net result is a measure of financial performance of the operations for the period. It is the net result of items of income, gains and expenses (including losses) recognised for the period, excluding those that are classified as other non-owner changes in equity.
Net result from transactions/net operating balance Net result from transactions or net operating balance is a key fiscal aggregate and is income from transactions minus expenses from transactions. It is a summary measure of the ongoing sustainability of operations. It excludes gains and losses resulting from changes in price levels and other changes in the volume of assets. It is the component of the change in net worth that is due to transactions and can be attributed directly to government policies.
Net worth Assets less liabilities, which is an economic measure of wealth.
Non-financial assets Non-financial assets are all assets that are not ‘financial assets’. It includes inventories, land, buildings, infrastructure, road networks, land under roads, plant and equipment, investment properties, cultural and heritage assets, intangible and biological assets.
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OPP Financials 10_11 6_09.indd 73 8/09/11 4:55 PM Other economic flows Other economic flows are changes in the volume or value of an asset or liability that do not result from transactions. It includes:
■■ gains and losses from disposals, revaluations and impairments of non‑financial physical and intangible assets; ■■ actuarial gains and losses arising from defined benefit superannuation plans; ■■ fair value changes of financial instruments and agricultural assets; and ■■ depletion of natural assets (non‑produced) from their use or removal.
In simple terms, other economic flows are changes arising from market re‑measurements.
Payables Includes short and long term trade debt and accounts payable, grants and interest payable.
Receivables Includes short and long term trade credit and accounts receivable, grants, taxes and interest receivable.
Statutory appointment The appointment of officers made by the Governor-in-Council. These include the Director of Public Prosecutions, Chief Crown Prosecutor and Crown Prosecutors.
Supplies and services Supplies and services generally represent cost of goods sold and the day-to-day running costs, including maintenance costs, incurred in the normal operations of the Office.
Transactions Transactions are those economic flows that are considered to arise as a result of policy decisions, usually an interaction between two entities by mutual agreement. They also include flows within an entity such as depreciation where the owner is simultaneously acting as the owner of the depreciating asset and as the consumer of the service provided by the asset. Taxation is regarded as mutually agreed interactions between the government and taxpayers. Transactions can be in kind (e.g. assets provided/given free of charge or for nominal consideration) or where the final consideration is cash. In simple terms, transactions arise from the policy decisions of the government.
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OPP Financials 10_11 6_09.indd 74 8/09/11 4:55 PM Appendixes Contents
Appendix 1 Output and performance measures 76
Appendix 2 Legal functions of the DPP report 77
Appendix 3 Crown appeals under section 287 of the Criminal Procedure Act 2009 80
Appendix 4 OPP activity data 81
Appendix 5 Crown Prosecutor activity data 83
Appendix 6 Freedom of Information report 84
Appendix 7 Whistleblowers report 87
Appendix 8 The OPP workforce 88
Appendix 9 Occupational health and safety report 90
Appendix 10 Environmental report 91
Appendix 11 Disability Action Plan 95
Appendix 12 Supplementary information 96
Appendix 13 Statement of availability of other information 97
Appendix 14 Disclosure index 98
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OPP Appendixes 10_11 6_09.indd 75 8/09/11 4:54 PM Appendix 1 Output and performance measures
Variance Budget Paper 3 Measures1 2010/11 Target Actual from target
Judicial officer sitting days2 10,750 10,181 – 5.3%
Number of briefs prepared and hearings attended3 72,500 70,837 – 2.3%
Number of victim and witness consultations4 6,500 6,389 – 1.7%
Guilty outcomes (guilty pleas and trial convictions) as a percentage of case 85.0% 88.3% + 3.3% completions
Proportion of trials listed which did not proceed to adjournment on application of the 99.0% 99.3% + 0.3% crown
Notes on measures
1. These measures are reported by the Office of Public Prosecutions to the Department of Justice as part of the Budget Paper 3 Output and Performance Measures reporting process. 2. The total number of judicial officer sitting days was 5.3 per cent below target, but increased from 9,960 last year. 3. The total number of briefs prepared and hearings attended was 2.3 per cent below target, but increased from 69,465 last year. 4. The total number of victim and witness consultations was 1.7 per cent below target, but increased from 6,166 last year.
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OPP Appendixes 10_11 6_09.indd 76 8/09/11 4:54 PM Appendix 2 Legal functions of the DPP report
Appeals to the Supreme Court on a question of law and Order 56 Judicial Reviews of Magistrates’ Court decisions These two forms of appeal are conducted within the Civil Jurisdiction of the Supreme Court; accordingly OPP solicitors with specialist knowledge of the civil procedures of the Supreme Court conduct or supervise the conduct of Crown or police cases in these matters.
Section 272 of the Criminal Procedure Act 2009 creates a right of appeal on a question of law against a ‘final order’ of the Magistrates’ Court in a criminal proceeding. These matters are determined as questions of law only. The usual remedy is an order remitting the matter back to the Magistrates’ Court for determination according to law. According to s 272(2) the Director of Public Prosecutions (DPP) is required to act on behalf of the police in any appeal to the Supreme Court on a question of law which the police wish to bring. A high proportion of appeals to the Supreme Court on a question of law relate to drink driving prosecutions.
The Judicial Review procedure provided by Order 56 of the Supreme Court Rules provides a means of seeking correction of error in the nature of certiorari, mandamus or prohibition. This esoteric procedure is used to review the orders or actions of a judicial officer usually on the basis of:
■■ error as to jurisdiction ■■ failure to exercise jurisdiction ■■ denial of procedural fairness.
The DPP uses the Order 56 procedure to review decisions in the Magistrates’ Court and the County Court, where the decision infringes jurisdiction and is not amenable to other forms of appeal.
The Order 56 procedure is also used by unsuccessful appellants to review a County Court Appeal according to s 83 of the Magistrates’ Court Act 1989, as this is only avenue available for further appeal in respect of such proceedings. A high proportion of these reviews are of County Court Appeals relating to drink driving prosecutions.
The Office of Public Prosecutions retains the conduct of the police or Crown case in almost all such actions brought by accused persons relating to Magistrates’ Court and County Court proceedings in which the OPP has had the care and conduct of the case.
Police formally requested the DPP to appeal on a question of law in 12 cases in 2010/11. Of these requests, the DPP initiated eight appeals on a question of law.
The DPP acted for the police in nine appeals on a question of law and two Order 56 Judicial Reviews of Magistrates’ Court decisions, which were brought by aggrieved defendants.
One appeal on a question of law and two Order 56 Judicial Reviews of Magistrates’ Court decisions were heard and completed in the Supreme Court. Three of these were allowed by way of consent orders, a further ten were fully argued. One appeal on a question of law initiated by the DPP was abandoned. Two appeals on a question of law initiated by defendants were abandoned. As at 30 June 2011, 11 appeals on a question of law were still pending.
The DPP acted for police informants in 19 Order 56 Judicial Reviews of County Court Appeals, which had been brought by defendants. During 2010/11 period, four of these reviews were either abandoned or struck out for want of prosecution, and two of these matters proceeded to final hearing and judgment. As at 30 June 2011, 10 Order 56 Judicial Reviews of County Court Appeals are still pending.
One application for leave to Appeal to the Court of Appeal against the outcome of an Order 56 Judicial Review was dismissed.
No High Court applications or appeals relating to Order 56 Judicial Reviews of County Court proceedings were commenced or determined in the 2010/11 financial year.
The DPP initiated one Judicial Review of a County Court proceeding, which was allowed by way of consent order.
Applications for leave to appeal against conviction and/or sentence Appeals against conviction or sentence by the person convicted or on whom the sentence was imposed usually have a preliminary stage: an application for leave to appeal. Applications for leave to appeal a conviction were, prior to 28 February 2011, heard as part of the substantive appeal hearing, but are now heard as part of a separate application process, all according to s 315 of the Criminal Procedure Act 2009. These applications are heard by a single judge of the Court of Appeal; the DPP represents the Crown in such applications. Prior to 28 February 2011, all sentence
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OPP Appendixes 10_11 6_09.indd 77 8/09/11 4:54 PM leave applications were heard orally. After the 28 February rule change, sentence leave applications may proceed with or without an oral hearing, by choice of the applicant. The conviction leave applications may also have oral hearings, according to the choice of the applicant. Sometimes an applicant chooses to have the application determined by the judge on the basis of the written submissions; sometimes an oral hearing is preferred. Where an application is refused by a single judge, the applicant may nevertheless elect to have the matter further heard by the Court, whether or not an oral hearing was held.
In 2010/11, 348 applications for leave to appeal against sentence were scheduled to be determined by single judges. Of these, 326 proceeded by way of oral hearing according to the pre-28 February oral hearing procedure and 22 proceeded according to the post-28 February procedure. Of those 22, seven required oral hearings and 15 involved determination on the basis of the written submissions. Of the total, 139 were granted, 143 were refused, 17 were abandoned before the determination, 48 were taken out of the list and one was adjourned.
In the period 28 February 2011 to 30 June 2011, three applications for leave to appeal against conviction were determined by single judges. Two required oral hearings and one involved determination on the basis of the written submissions. Three were granted and none was refused.
Entries of nolle prosequi or discontinuance of prosecutions Entries of nolle prosequi or discontinuance of prosecutions were entered in 156 cases. Some of those cases involved more than one accused and more than one count/charge on the presentment/indictment.
Indemnities from prosecution, undertakings or letters of comfort Director’s undertakings were issued to a total of 10 accused and 10 witnesses, Director’s indemnities were issued to a total of 13 accused and 11 witnesses, and Director’s letters of comfort were issued to a total of 24 accused and 44 witnesses.
Consents to prosecute ■■ The DPP granted consent to prosecute 33 matters, involving one or more accused, according to s 321 of the Crimes Act 1958 (conspiracy). ■■ The DPP granted 22 consents to prosecute according to ss 50 or 69 of the Crimes Act (gross indecency). ■■ The DPP granted five consents to prosecute according to s 47A of the Crimes Act (maintaining a sexual relationship/persistently sexually abusing a child under 16). ■■ No consents to prosecute were granted under the Judicial Proceedings Act 1958. ■■ No consents to prosecute were granted under the Legal Profession Act 1958. ■■ No consents to prosecute were granted according to s 90 of the Estate Agents Act 1980. ■■ The DPP granted three consents to prosecute according to s 7(1)(b) of the Criminal Procedure Act 2009. ■■ The DPP granted two consents to prosecute according to s 132 of the Occupational Health and Safety Act 2004. ■■ No consents to prosecute were granted according to s 195A(4) of the Crimes Act 1958. ■■ No consents to prosecute were granted according to s 24(4) of the Racial and Religious Tolerance Act 2001.
Vexatious Litigants/Take Overs There were five matters where the DPP took over and discontinued a prosecution instituted by a private informant according to s 22(1)(b)(ii) of the Public Prosecutions Act 1994.
Reasons for discretionary decisions Reasons for discretionary decisions were provided on 32 occasions according to Director’s Policy 16.
Continued detention applications The DPP lodged three applications for orders for continued detention under the Serious Sex Offenders (Detention and Supervision) Act 2009.
None of these applications has yet been finalised by the Supreme Court.
Direct presentments/indictments The DPP directly presented/indicted an accused person on 11 occasions on one or more counts.
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OPP Appendixes 10_11 6_09.indd 78 8/09/11 4:54 PM Interstate extraditions and transfers Interstate extraditions were undertaken for the return to Victoria of 41 persons charged with various offences.
International extraditions The DPP worked with the Commonwealth Government to extradite one accused from England.
Assistance provided to the Coroner The DPP assisted the Coroner in two hearings.
Contempt of court Eighteen prosecutions for contempt of court were commenced.
Conflict of interest There were no matters referred to the Attorney-General pursuant to s 29(1) of the Public Prosecutions Act 1994 as the result of a possible conflict of interest.
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OPP Appendixes 10_11 6_09.indd 79 8/09/11 4:54 PM Appendix 3 Crown appeals under section 287 of the Criminal Procedure Act 2009 In 2010/11, 34 appeals against sentence instituted by the DPP to the Court of Appeal according to s 287 of the Criminal Procedure Act 2009 were completed. Of those, four were abandoned. Of the 30 appeals where judgment was delivered by the court, 13 were allowed and 17 were dismissed.
No Matter Name Date of Judgment Status of Appeal
1. PHAM, Ho Kiem 19 Jul 2010 Dismissed
2. PHAM, Toan 19 Jul 2010 Dismissed
3. QUACH, Dang 19 Jul 2010 Dismissed
4. POLLARD, Carter 8 Oct 2010 Allowed
5. NAZARI, Nader 3 Nov 2010 Dismissed
6. CONNALLY, Adrian 11 Nov 2010 Allowed
7. ALSOP, Luke 17 Nov 2010 Dismissed
8. HUDSON, Christopher Wayne 9 Dec 2010 Allowed
9. FABRICZY, Steven 9 Dec 2010 Allowed
10. LIKIARDOPOULOS, Dmitrios 17 Dec 2010 Dismissed
11. BOGSTRA, Mark 17 Dec 2010 Dismissed
12. KONTOKLOTSIS, Konstantinos 17 Dec 2010 Dismissed
13. KARAZISIS, Nathan 17 Dec 2010 Allowed
14. DICKSON, George 24 Jan 2011 Dismissed
15. NAIDU, Kamleshwar 2 Feb 2011 Dismissed
16. RAPID ROLLER CO P/L 2 Feb 2011 Dismissed
17. JANSON, Brett Anthony 4 Feb 2011 Allowed
18. HUSAR, Zanak 16 Mar 2011 Dismissed
19. LEBEHEN, Gregory 17 Mar 2011 Dismissed
20. WIGHTLEY, Bruce 22 Mar 2011 Allowed
21. PARANIHI, Hoani 30 Mar 2011 Allowed
22. SOLTAN, Daniel Wayne 30 Mar 2011 Allowed
23. DURHAM, Jason 30 Mar 2011 Dismissed
24. MUSTICA, Steven 30 Mar 2011 Dismissed
25. HARDY, Anthony John 4 Apr 2011 Dismissed
26. HPW 5 Apr 2011 Allowed
27. MARINO, Vincent 13 May 2011 Dismissed
28. YANG, Tong 7 Jun 2011 Allowed
29. GONZALEZ, John 15 Jun 2011 Allowed
30. GERRARD, Paul Wayne 30 Jun 2011 Allowed
31. NGOR, Majang 9 Aug 2010 Abandoned
32. BALDWIN, Jayke Thomas 26 Nov 2010 Abandoned
33. THORNE, David 9 Feb 2011 Abandoned
34. ROBERTS, Peter Charles 14 April 2011 Abandoned
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OPP Appendixes 10_11 6_09.indd 80 8/09/11 4:54 PM Appendix 4 OPP activity data
Briefs prepared and hearings attended
2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11
Briefs prepared and 52,800 56,525 64,767 66,413 67,570 69,183 72,633 68,265 69,465 70,837 hearings attended
Judge sitting days serviced by OPP staff
2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11
Supreme Court 558 752 817 809 1,225 1,123 1,008 1,073 1,000 1,133
County Court 3,486 3,777 4,640 4,558 5,038 4,929 5,894 6,179 5,966 6,142
Circuit County and – – – – – 1,336 1,698 1,616 1,657 1,850 Supreme Courts
Total* 4,044 4,529 5,457 5,367 6,263 7,388 8,600 8,868 8,623 9,125
* Note that the total prior to 2006/07 does not include circuit.
Case outcomes as a percentage of total case completions
2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11
Guilty pleas pre-trial 68.0 68.1 60.5 57.0 55.9 64.1 58.8 58.3 60.4 63.5
Guilty pleas listed as 5.3 5.7 9.8 10.0 9.3 9.4 11.0 10.8 11.4 11.8 trial
Total guilty pleas 73.3 73.8 70.3 67.0 65.2 73.5 69.8 69.0 71.8 75.3
Trial convictions 14.0 12.9 16.1 15.0 17.1 14.6 16.5 15.5 13.5 13.0
Trial acquittals 8.0 8.4 11.3 12.0 12.2 11.0 12.3 12.5 12.3 10.1
Total trials 22.0 21.3 27.4 27.0 29.3 25.6 28.8 28.1 25.9 23.1
Other case 4.7 4.9 2.3 6.0 5.5 0.9 1.4 2.9 2.3 1.6 completions
Total guilty (pleas and 87.3 86.7 86.4 82.0 82.3 88.1 86.3 84.5 85.3 88.3 convictions)
Note that some categories may not sum due to rounding.
Trials completed
2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11
Melbourne County 216 212 340 355 341 302 340 310 278 286 Court
Melbourne Supreme 30 49 49 32 43 42 41 43 30 29 Court
Circuit County and 108 100 135 124 118 101 118 102 91 96 Supreme Courts
Total 354 361 524 511 502 445 499 455 399 411
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OPP Appendixes 10_11 6_09.indd 81 8/09/11 4:54 PM Plea hearings conducted
2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11
Melbourne County 916 965 1,089 1,005 828 966 866 838 1,202 1,298 Court
Melbourne Supreme 37 25 43 48 63 62 29 69 58 80 Court
Circuit County and 226 256 212 197 218 216 255 166 186 373 Supreme Courts
Total 1,179 1,246 1,344 1,250 1,109 1,244 1,150 1,073 1,446 1,751
Victim and witness referrals
2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11
Number of referrals 1,078 1,001 1,212 1,358 1,159 1,097 1,441 1,856 2,972 2,948
County Court appeals completed
2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11
Number of appeals 1,840 2,222 2,205 2,248 2,129 2,264 2,118 2,289 2,014 2,188
Appeals to Court of Appeal, Supreme Court and High Court Completed
2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11
Court of Appeal / 252 281 279 296 302 290 291 286 272 457 Supreme Court
High Court 2 7 6 10 11 9 8 5 7 10
Total 254 288 285 306 313 299 299 291 279 467
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OPP Appendixes 10_11 6_09.indd 82 8/09/11 4:54 PM Appendix 5 Crown Prosecutor activity data
2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11
Number of Crown 17.9 18.2 18.2 17.5 17.7 18.8 22.5 24.7 25.7 28.1 Prosecutors (FTE)*
Days in court total 1,826 2,218 2,428 2,106 1,904 2,216 2,280 2,460 2,709 2,873
Days in court per 102 122 133 120 108 118 101 100 105 102 Crown Prosecutor
Court appearance % 43.9% 52.5% 59.6% 54.5% 50.8% 48.4% 41.9% 46.5% 50.0% 47.6 %
Presentments/ 1,238 1,803 2,643 2,634 2,371 2,472 3,095 2,437 2,879 2,916 indictments total
Presentments/ indictments per Crown 69 99 145 150 134 131 137 99 112 104 Prosecutor
Total plea offer 68 170 134 418 636 718 1,241 1,281 2,077 2,257 advisings
Plea offer advisings 4 9 7 24 36 38 55 52 81 80 per Crown Prosecutor
Total nolle prosequi/ discontinuance of 19 23 14 96 170 96 122 113 492 495 charges advisings
Nolle prosequi/ discontinuance of 1 1 1 5 10 5 5 5 19 18 charges advisings per Crown Prosecutor
General advice total 1,238 2,461 3,451 3,137 3,648 3,390 4,135 4,758 3,876 4,694
General advice per 69 135 190 179 206 180 184 193 151 167 Crown Prosecutor
All advice total 1,325 2,654 3,599 3,651 4,454 4,204 5,498 6,152 6,445 7,446
All advice per Crown 74 146 198 208 252 223 244 249 251 265 Prosecutor
* Note that for this data set, Crown Prosecutor FTE (full-time equivalent) is calculated across the financial year.
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OPP Appendixes 10_11 6_09.indd 83 8/09/11 4:54 PM Appendix 6 Freedom of Information report
Compliance with the Freedom of Information Act 1982 The Office of Public Prosecutions is subject to the Freedom of Information Act 1982 (the Act).
Particulars of the functions and organisation of the OPP are set out elsewhere in this Annual Report. The OPP’s website (www.opp.vic.gov.au) provides additional information.
Further information can be obtained from the Act, the various regulations made under that Act and by visiting www.foi.vic.gov.au.
Exemption of the Director of Public Prosecutions The Freedom of Information Regulations 2009 exempt the Director of Public Prosecutions from the application of the Act. The Regulations Review Subcommittee approved the exemption on 7 October 2009. These Regulations will sunset on 7 April 2019.
Freedom of Information requests during 2010/11 The Office of Public Prosecutions received 28 requests under the Act from 1 July 2010 to 30 June 2011. Of these requests, 22 were considered valid under the Act. The results of these requests were as follows (note some requests may fall into more than one category):
Requests transferred to Victoria Police 2
Requests transferred from other agencies 1
Request relating to documents not held 1
Access granted in full 6
Access granted in part 6
Access denied 2
Further particulars sought in relation to request 3
Access not finalised at end of reporting period 6
Requests outstanding from 09/10 period 4
Request withdrawn 4
Categories of documents held by the OPP The OPP maintains electronic and paper-based files. The computerised case management system PRISM provides a complete file registration and file management system. Files are initially recorded when they are allocated a file number. All details of the accused, addresses, sureties and witnesses are entered. Further information is added as the matter progresses. Files contain court documents and records of all communications and work undertaken in the particular matter.
The Bail and Breaches section maintains a spreadsheet of bail applications, which records applications in chronological order from the date of receipt of documents into the OPP. This section also maintains an index of files of breaches of non-custodial orders.
The Policy and Advice Directorate maintains an electronic database that records all matters handled by this section.
The Human Resources section maintains an alphabetical index of all persons employed in the OPP, which also includes a brief work history of each employee.
The Requisitions Book maintains a record of each order as it is raised, its allocated number and details of the order, such as cost.
The Accounts Register (Non-Professional Assistance Register) is a register of recurring expenditure (e.g. photocopying machine rental). An entry is raised each time an invoice is received or goods supplied to the OPP.
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OPP Appendixes 10_11 6_09.indd 84 8/09/11 4:54 PM The Professional Assistance Register is an alphabetical ledger of all barristers briefed by the OPP, specialists, psychiatrists, court reporting, accountants and other professional assistance, and contains details of claims made for payment after appearances at court or provision of advice.
The Fixed Assets Register is a register of all assets owned by the OPP, including a description, cost and location of each item.
Administrative files contain material relevant to general office issues and contain reports, correspondence and file notes for subjects such as Freedom of Information legislation and transfer of files to the Public Records Office.
Access to documents The Freedom of Information Act 1982 aims to make the maximum amount of information available to Victorians, promptly and inexpensively. To facilitate this aim, applications must be as specific and as precise as possible to enable quick identification when searching for the relevant documents.
Access to information held by the OPP may only be obtained through written request to the OPP’s Freedom of Information Officer. Delegated officers handle the processing and determination of the application. The Solicitor for Public Prosecutions handles any request for internal review.
An applicant may request photocopies of documents and/or inspect specific documents at the OPP by arrangement, or by other access arrangements that may be appropriate to the application. Applicants should provide a telephone number as a point of contact for the Freedom of Information Officer to clarify or discuss matters relating to the request.
The OPP can refuse to release all or part of a document if it contains information that is exempt under the Act. The Act outlines general categories of information that are exempt, including information relating to the personal affairs of third parties, information provided in confidence, information which if released might endanger the lives or physical safety of individuals, Cabinet documents, commercial-in-confidence information and internal working documents, the release of which would be contrary to the public interest.
Where the OPP decides to deny access to all or part of a document, it will advise the applicant of the decision and the reasons for the decision in an ‘Access Decision’ letter. If the applicant wishes to challenge a decision of the OPP, he or she may appeal to the Victorian Civil and Administrative Tribunal (VCAT) or to the Ombudsman if making a complaint about the way the request has been handled or informed that no documents exist. In 2010/11, two matters were referred to the Tribunal by applicants. Both applicants withdrew the applications for review.
Charges under the Act The Act specifies that access to information be provided at the lowest reasonable cost. Charges are:
■■ Application fee – a request must be accompanied by payment of $24.40 (effective 1 July 2011) ■■ Search fee – $20 per hour or part thereof ■■ Supervision fee – $10 per hour (where a document is inspected by an applicant at the OPP) ■■ Photocopy fee – $0.20 per A4 page ■■ Deposits – a deposit of $25 may be requested before the OPP will grant access if the calculated charge does not exceed $100. If the calculated charge exceeds $100, a deposit of 50 per cent of the calculated charge may be requested.
Some charges may be waived in certain circumstances: for example, where the applicant is impecunious or the information was accessed in the public interest. On 1 July 2011, by notice in the Government Gazette dated 26 May 2011, the application fee was increased to $24.40 (2 monetary units).
Amendment of personal records After a document containing information relating to the personal affairs of a person has been released to that person, or in the case of a deceased person, that person’s next of kin, the applicant can request the correction of any information held on the file where it is considered that this information is inaccurate, incomplete or gives a misleading impression. In the 2010/11 period no requests to amend a personal record were received.
Requests for amendments must be made in writing and must specify:
■■ an address for service of notices ■■ particulars of why the applicant believes the information to be incomplete, incorrect, out-of-date or misleading ■■ the amendments that the applicant wishes to be made.
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OPP Appendixes 10_11 6_09.indd 85 8/09/11 4:54 PM If the OPP agrees to the request, the record may be either altered or amended by annotation. If the OPP refuses to make the amendment, it must notify the applicant in writing of the decision, advising of:
■■ the findings on any material questions of fact, the material on which those findings were based and the reasons for the decision ■■ the name and designation of the person making the decision ■■ the applicant’s right to a review of the decision by the Victorian Civil and Administrative Tribunal.
If the Tribunal affirms the OPP’s decision, the applicant may insist that a notation be made to the record specifying why the applicant claims the information it contains is incomplete or otherwise inaccurate. The notation then becomes part of the document and may be disclosed according to the Act.
Nominated officer/contact officer Requests for access to documents in the Office of Public Prosecutions under the Freedom of Information Act 1982 may be directed to:
Freedom of Information Officer Office of Public Prosecutions Level 9, 565 Lonsdale Street MELBOURNE VIC 3000
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OPP Appendixes 10_11 6_09.indd 86 8/09/11 4:54 PM Appendix 7 Whistleblowers report The Office of Public Prosecutions is committed to the aims and objectives of the Whistleblowers Protection Act 2001 (the Act). It does not tolerate improper conduct by its employees and officers or the taking of reprisals against those who come forward to disclose such conduct.
The OPP recognises the value of transparency and accountability in its administrative and management practices and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources or conduct involving a substantial risk to public health and safety or the environment.
The OPP will take all necessary steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. It will also afford natural justice to the person who is the subject of the disclosure.
Compliance with the Whistleblowers Protection Act 2001 During 2010/11:
■■ The OPP received no disclosures. ■■ The OPP did not refer any disclosures to the Ombudsman for determination as to whether they were public interest disclosures. ■■ The Ombudsman did not refer any disclosed matters to the OPP. ■■ The OPP did not refer any disclosed matters to the Ombudsman to investigate. ■■ The Ombudsman did not take over any investigation of disclosed matters from the OPP. ■■ The OPP made no request under s 74 of the Act to the Ombudsman to investigate disclosed matters. ■■ The OPP did not decline to investigate a disclosed matter. ■■ There were no disclosed matters that were substantiated on investigation. There was no action required to be undertaken arising from an investigation, since there were no investigations. ■■ The Ombudsman did not make any recommendation under the Act that relates to the OPP.
Reporting and investigation procedures Written guidelines outlining procedures for reporting disclosure of improper conduct or detrimental action by the OPP or its employees are available for public perusal by contacting the Protected Disclosure Coordinator.
Responsible officers Disclosure of improper conduct or detrimental action by the OPP or its employees may be made to:
Protected Disclosure Coordinator Name: Craig Hyland Position: Solicitor for Public Prosecutions Tel: (03) 9603 7541
Protected Disclosure Officer Name: Michael Hoyle Position: General Manager Corporate Services Tel: (03) 9603 7541
Alternatively, disclosures of improper conduct or detrimental action by the OPP or its employees may also be made directly to the Ombudsman.
Ombudsman Victoria Level 9, 459 Collins Street (North Tower) MELBOURNE VIC 3000 Tel: (03) 9613 6222 Toll free: 1800 806 314 Email: [email protected]
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OPP Appendixes 10_11 6_09.indd 87 8/09/11 4:54 PM Appendix 8 The OPP workforce As an office holder with the functions of an Agency Head under thePublic Administration Act 2004 (the Act), the Solicitor for Public Prosecutions (SPP) reports in compliance with the directions issued by the Commissioner of the State Services Authority according to s 45(1)(d) of the Act. The Office of Public Prosecutions forms part of the Justice portfolio and generally applies the same employment processes as those applying within the Department of Justice. The data below corresponds to the specific reporting requirements set out in the Commissioner’s Directions.
Aggregate workforce data as at 30 June 2011
Change Employment role Male Female Total from June 2010
DPP and Crown Prosecutors 19.0 8.0 27.0 +1.0
OPP Executive 3.0 0.0 3.0 –
Legal Practice 82.6 155.9 238.5 +13.3
Corporate Services 26.2 27.4 53.6 +8.1
Total 130.8 191.3 322.1 +22.4
Notes on aggregate workforce data:
1. Includes only staff on the payroll as at 30 June 2011. 2. Staffing figures have been expressed as full-time equivalent. 3. Staffing figures include Executive Officers and Governor in Council appointees (DPP, SPP and Crown Prosecutors). 4. Staffing figures include legal trainees. 5. The OPP Executive comprises the SPP, the Legal Practice Manager and the General Manager Corporate Services.
Workforce classification breakdown (headcount)
Classification Total
VPS Grade 1 3
VPS Grade 2 39
VPS Grade 3 41
VPS Grade 4 65
VPS Grade 5 76
VPS Grade 6 87
Senior Technical Specialist/ VPS Grade 7 1
Executive Officer 2
Statutory Appointees 28
Total 342
Notes on breakdown data:
1. Includes only staff on the payroll as at 30 June 2011. 2. Staffing figures include Executive Officers and Governor in Council appointees (DPP, SPP and Crown Prosecutors). 3. Staffing figures include legal trainees.
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OPP Appendixes 10_11 6_09.indd 88 8/09/11 4:54 PM Selecting on merit All decisions relating to employment including recruitment, remuneration and access to promotions and training and development opportunities, are based strictly on merit.
In 2010/11, 15 appointments were made without general advertisement. Thirteen of these appointments were made in circumstances where fixed-term vacancies became ongoing, and the incumbents had previously been selected on merit for the temporary vacancy. The other two appointments were made due to the employees successfully completing requisite training and work experience and having been formally assessed as meeting all the requirements of the role.
Reviewing personal grievances The OPP received and reviewed six Personal Grievances Applications during 2010/11, four of which were related to promotional opportunities and two of which were general grievance applications.
Managing and valuing diversity The OPP is committed to maintaining a workplace free of harassment, discrimination and bullying in accordance with the principles documented in the Victorian Government’s merit and equity standards. This commitment is reflected in our values, particularly those of respecting others, acting fairly and acting with integrity. All of our people management systems and procedures have been designed to ensure that these standards are consistently met.
Flexible work arrangements encourage employees to balance their work and personal commitments with the support of paid carer’s leave, paid parental leave, working from home arrangements and part-time employment. As at 30 June 2011, 86 employees utilised flexible working arrangements.
Upholding public sector conduct The Code of Conduct issued by the Commissioner of the State Services Authority under s 45(1)(d) of the Public Administration Act 2004 has been made available on the OPP intranet. All new appointees to the OPP are provided with a formal induction program, and this program includes the provision of information relating to the Code of Conduct and other aspects of employment. Training was conducted during 2010/11 to develop a better understanding of workplace culture and to reinforce appropriate workplace behaviour.
Employee relations With the exception of Executive Officers, all employees have access to union membership, and their employment terms and conditions are governed by the Victorian Public Service (VPS) Agreement. The VPS Agreement documents hours of work and rates of pay, as well as leave entitlements and disciplinary and grievance procedures. Executive Officer employment terms and conditions are governed by the Government Sector Executive Remuneration Panel.
There were no industrial disputes during 2010/11.
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OPP Appendixes 10_11 6_09.indd 89 8/09/11 4:54 PM Appendix 9 Occupational health and safety report In accordance with the Occupational Health and Safety Act 2004 and the OPP’s Human Resource Management Policies and Guidelines, the OPP is committed to providing a working environment for all staff members and visitors that is safe and without risk to health.
The OPP’s current OH&S Committee was established in 2008, following implementation of the new organisational structure, which includes both employee and managerial representation. The OH&S Committee meets on a quarterly basis and is responsible for:
■■ acting as an advocate for staff safety ■■ assisting management in identifying hazards, reviewing incidents, assessing risks and developing practical controls ■■ improving cooperation in instigating, developing and carrying out measures designed to ensure the occupational health and safety of staff ■■ formulating, reviewing and disseminating the standards, rules and procedures relating to occupational health and safety that must be carried out or complied with in all OPP workplaces.
During 2010/11, the OPP continued to:
■■ offer an Employee Assistance Program that assists staff by providing short-term professional counselling and consulting for employees and members of their immediate family who face problems of a personal, family or employment nature ■■ provide financial assistance to staff who require spectacles for their use of computers ■■ provide an influenza vaccination program ■■ conduct regular site safety audits ■■ provide a ‘manual handling’ training course for staff engaged in lifting or carrying heavy files ■■ undertake workstation assessments for staff ■■ regularly review all office: ■■ policies and procedures relating to OH&S key performance indicators ■■ reporting registers of injuries and causes of accidents ■■ WorkCover claims ■■ rehabilitation and early return-to-work practices.
In addition, during 2010/11 the OPP:
■■ offered free worker health checks to staff ■■ developed a health and wellbeing strategy ■■ provided staff with regular OH&S newsletters ■■ offered workstation ergonomics presentations ■■ conducted a number of training sessions on workplace behaviour and the VPS Code of Conduct ■■ provided Human Resources staff with specific OH&S training on a number of topics.
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OPP Appendixes 10_11 6_09.indd 90 8/09/11 4:54 PM Appendix 10 Environmental report
Commitment to sustainable practices The Office of Public Prosecutions is committed to reducing energy consumption, using environmentally sustainable products and developing environmentally sustainable strategies. The OPP has in place a program to reduce the environmental impact of its operations by implementing initiatives that have an environmental payback. Key initiatives that have been undertaken by the OPP during the last financial year include:
■■ replacing five fleet vehicles with a performance rating of 3.5 stars (under the Commonwealth Government’s Green Vehicle Guide) with 4 star rated vehicles, and purchasing a hybrid vehicle ■■ continued investment in multi-function devices to allow duplex printing ■■ purchasing dishwashers and fridges with minimum 4 star water and/or energy performance ■■ undertaking waste audits and implementing a waste management strategy to allow the separation of waste into several streams for more recycling ■■ ongoing training of Facilities Management staff under the Department of Sustainability and Environment’s ResourceSmart Government program.
Environmental report for 2010/11 Environmental reporting on energy and waste is based on data from the two Melbourne CBD OPP office locations where 96 per cent of office-based staff members are located. Reporting on paper, waste and transport covers all OPP offices locations and staff. This information has been prepared in accordance with the Financial Reporting Directions issued by the Minister for Finance (FRD24).
ENERGY
2010/11 2009/10
Natural Green Natural Green Indicator Electricity Electricity gas power gas power
Total energy usage segmented by 4,503,478 1,589,939 687,044 5,349,090 975,097 990,849 primary source (MJ)1
Greenhouse gas emissions associated 2 1,876 88 0 1,634 54 0 with energy use (t CO2-e) Percentage of electricity purchased 13.2% 18.5% as green power
Units of energy used per FTE (MJ/ 13,982 17,848 FTE)3
Units of energy used per unit of office 880 902 area (MJ/m2)
Notes on energy data
1. Data was provided by Brookfield Multiplex (on behalf of the Department of Treasury and Finance, owner of 565 Lonsdale Street) and Knight Frank (building agent for 575 Bourke Street) and includes tenancy light and power use at both OPP CBD offices. To improve environmental reporting, the energy usage figures now include a proportion of base building energy costs based of the ratio of the OPP tenancy area to the building’s total net lettable area. The lessor of 575 Bourke Street was not able to confirm the percentage of green energy used in running the base building, therefore it was assumed none was purchased – this has reduced the average percentage of OPP green energy from 2009/10 to 2010/11. 2. The greenhouse gas emissions have been calculated using the Australian Greenhouse Office (AGO) Factors and Methods Workbook. 3. The number of FTE (full-time equivalent) staff at the OPP as at 30 June 2011 is used for environmental reporting.
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OPP Appendixes 10_11 6_09.indd 91 8/09/11 4:54 PM WASTE
2010/11 2009/10
Indicator Landfill Recycled Compost Landfill Recycled Compost
Total units of waste disposed of by 38,917 56,870 257 32,973 57,239 625 destination (kg/year)1
Units of waste disposed of per FTE by 121 177 1 110 191 2 destinations (kg/FTE)2
Recycling rate (per cent of total waste) 59% 64%
Greenhouse gas emissions associated 42.81 36 with waste disposal (t CO2-e)
Notes on waste data
1. OPP waste disposal data was provided by Brookfield Multiplex staff (on behalf of the Department of Treasury and Finance). The increase in landfill was due to disposal of redundant furniture not suitable for recycling and was rejected as sub-standard by charity organisations and auction houses. This disposal program also affects the recycling rate and greenhouse gas emissions associated with waste disposal. 2. The number of FTE (full-time equivalent) staff at the OPP as at 30 June 2011 is used for environmental reporting.
Actions taken to reduce waste consumption
To minimise waste to landfill, redundant office equipment and furniture was offered to various charity organisations and auction houses.
PAPER
Indicator 2010/11 2009/10
Total units of copy paper used (reams) 10,378 17,176
Units of copy paper used per FTE (reams/FTE)1 32 57
Percentage of 75–100% recycled content copy paper purchased (%) 31% 0%
Percentage of 50–75% recycled content copy paper purchased (%) 0% 2%
Percentage of 0–50% recycled content copy paper purchased (%)2 69% 98%
Notes on paper consumption
1. The number of FTE (full-time equivalent) staff at the OPP as at 30 June 2011 is used for environmental reporting. 2. Paper usage in the ‘less than 50 per cent recycled content’ category includes all A3 paper. A3 paper is available with only 10 per cent recycled content.
Actions taken to reduce paper consumption
Paper usage has decreased significantly due to the greater use of duplex printing and the completion of several highly complex trials requiring production of numerous court documents. The paper used by the OPP is mandated by the Victorian Government Purchasing Board under the Whole of Victorian Government Stationery Panel arrangement and there is a variation in recycled content due to fluctuations in the world-wide availability of recycled paper for reprocessing.
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OPP Appendixes 10_11 6_09.indd 92 8/09/11 4:54 PM WATER
Indicator 2010/11 2009/10
Total units of metered water consumed by usage types (kilolitres)1 3,239 2,362
Units of metered water consumed in offices per FTE (kilolitres/FTE)2 10 8
Units of metered water consumed in offices per unit of office area (kilolitres/m2) 0.42 0.34
Notes on water consumption data
1. Data was provided by Brookfield Multiplex (on behalf of the Department of Treasury and Finance, owner of 565 Lonsdale Street) and Knight Frank (building agent for 575 Bourke Street) and apportioned from total building water consumption based of the ratio of the OPP tenancy area to the building’s total net lettable area. Consumption figures include a pro rata allocation of water used as part of the running of the base building, (for example in cooling towers, cleaning and toilet flushing) which is not managed by the OPP. 2. The number of FTE (full-time equivalent) staff at the OPP as at 30 June 2011 is used for environmental reporting.
Actions taken to reduce water consumption
■■ The OPP has worked with the Department of Treasury and Finance to complete the upgrade of all toilets to dual flush, convert all urinals from flushing to waterless, install flow restrictors to taps and replace all showerheads with low-flow fittings. ■■ As part of the ongoing upgrade of its building facilities, the OPP has purchased new dishwashers with minimum 4 star water and 5 star energy performance.
TRANSPORT
Indicator
Vehicles 1 2010/11 2009/10
Total vehicle travel associated with entity operations (km) 667,247 639,131
Total greenhouse gas emissions from vehicle fleet (t CO2-e) 147 163
Greenhouse gas emissions from vehicle fleet per 1,000 km travelled (t CO2-e) 0.22 0.25
2010/11 2009/10
Total Total Distance greenhouse Distance greenhouse Indicator travelled (km) gas emissions traveled (km) gas emissions
(t CO2-e) (t CO2-e) Total travelled by aeroplane2 1,148,787 698 1,156,184 364
Indicator 2010/11 2009/10
Percentage of CBD employees regularly (>75 per cent of work attendance days) using public transport, cycling, walking, or car pooling to and from work or working from 83% 81% home, by locality type3
Notes on transportation data:
1. All vehicle data supplied by the Department of Treasury and Finance’s VicFleet unit, which now only reports on total greenhouse gas emissions. 2. Over 90 per cent of all air travel relates to the movement of witnesses for trial preparation or giving evidence at court – as such, duration of travel can vary significantly, thereby affecting greenhouse gas emissions by type of flight (i.e. short or long haul). 3. Derived from a survey of OPP employees based in 565 Lonsdale Street, Melbourne.
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OPP Appendixes 10_11 6_09.indd 93 8/09/11 4:54 PM Actions taken to reduce vehicle emissions:
■■ To reduce greenhouse gas emissions from the vehicle fleet, the OPP replaced five fleet vehicles with a performance rating of 3.5 stars (under the Commonwealth Government’s Green Vehicle Guide) with 4 star rated vehicles, and purchased a hybrid car. ■■ New fleet management software has been installed, which identifies car sharing opportunities. ■■ Public transport tickets are purchased for staff travel to and from external meetings and also between the Melbourne and Geelong offices. ■■ To offset the emissions of its passenger vehicle fleet, the Victorian Government invests in a range of carbon sink projects. This program is the responsibility of the Department of Sustainability and Environment. Offsetting is done in arrears and is based on actual fuel usage data.
GREENHOUSE GAS EMISSIONS
Indicator 2010/11 2009/10
1 Total greenhouse gas emissions associated with energy use (t CO2-e) 1,964 1,689
Total greenhouse gas emissions associated with vehicle fleet (t CO2-e) 147 163
Total greenhouse gas emissions associated with air travel (t CO2-e) 698 364
Total greenhouse gas emissions associated with waste production (t CO2-e) 43 36
2 Greenhouse gas emissions offsets purchased (t CO2-e)
Notes on greenhouse gas emission data:
1. To improve environmental reporting, the energy usage figures include a proportion of base building energy costs based on the ratio of the OPP tenancy area to the building’s total net lettable area. 2. To offset the emissions of its passenger vehicle fleet, the Victorian Government invests in a range of carbon sink projects. This program is the responsibility of the Department of Sustainability and Environment.
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OPP Appendixes 10_11 6_09.indd 94 8/09/11 4:54 PM Appendix 11 Disability Action Plan The Office of Public Prosecutions falls under the jurisdiction of theDisability Act 2006 (the Act). According to s 38 of the Act, the OPP is required to develop a Disability Action Plan. The purpose of the Disability Action Plan is to facilitate the:
■■ reduction of barriers to persons with a disability accessing goods, services and facilities ■■ reduction of barriers to persons with a disability obtaining and maintaining employment ■■ promotion of inclusion and participation in the community of persons with a disability ■■ achievement of tangible changes in attitudes and practices which discriminate against persons with a disability.
The OPP has developed a Disability Action Plan (2009–2011), which is constrained by current OPP accommodation. Many of the measures stipulated in the plan have already been implemented at the OPP, with others in the process of implementation. The OPP is therefore confident that its Disability Action Plan will deliver a response that is comprehensive, effective and efficient in ensuring that the OPP’s services, employment practices and interactions with the community maximise participation and employment of people with a disability.
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OPP Appendixes 10_11 6_09.indd 95 8/09/11 4:54 PM Appendix 12 Supplementary information
Audit Committee: function, role and duties The members of the Audit Committee are listed below.
Independent members
H. Burjorjee – Chairperson
C. Higgins – Non-Executive Member (appointed in September 2010)
Executive Members
M. Hoyle – General Manager Corporate Services
R. Gray – Directorate Manager Advocacy and Briefing
The role and responsibilities of the Audit Committee and its members are set out in the Audit Committee Charter.
The Audit Committee provides advice to the Solicitor for Public Prosecutions to assist in the effective discharge of responsibilities prescribed in the Financial Management Act 1994 and Audit Act 1994 and other relevant legislation.
The main responsibilities of the Audit Committee are to:
■■ review and report independently to the Solicitor and Minister on the annual report and all other financial information published by the OPP ■■ assist the Solicitor in reviewing the effectiveness of the internal control environment covering: ■■ effectiveness and efficiency of operations ■■ reliability of financial reporting ■■ compliance with applicable laws and regulations ■■ determine the scope of the internal audit coverage and ensure that its resources are adequate and used effectively, including coordination with the external auditors ■■ oversee the effective operation of the risk management framework.
Consultancies Disclosure Statement Summary of consultancies engaged in 2010/11:
A. Details of consultancies over $100,000 In 2010/11, no individual consultancy was engaged where the cost of the engagement was $100,000 or over.
B. Details of consultancies under $100,000 In 2010/11, the total for the three consultancies engaged during the year, where the total fees payable to the consultants was less than $100,000 was $58,210. All figures are excluding GST.
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OPP Appendixes 10_11 6_09.indd 96 8/09/11 4:54 PM Appendix 13 Statement of availability of other information In compliance with the requirements of the Ministerial Directions of the Minister for Finance, details on the information items listed below have been retained by the Office of Public Prosecutions and are available to the relevant Ministers, Members of Parliament and the public (subject to Freedom of Information requirements, if applicable). However, in adopting best practice disclosure policies and to ensure that the Office of Public Prosecutions discharges its accountability obligations, where relevant, details about some of the following items have been disclosed within this Report of Operations:
■■ A statement that declarations of private interests have been duly completed by all relevant officers of the OPP. ■■ Details of shares held by senior officers as nominee or held beneficially in a statutory authority or subsidiary. ■■ Details of publications produced by the OPP about its activities and where they can be obtained. ■■ Details of changes in prices, fees, charges, rates and levies charged by the OPP for its services, including services that are administered. ■■ Details of any major external reviews carried out examining the operation of the OPP. ■■ Details of any other research and development activities undertaken by the OPP that are not otherwise covered in this Report of Operations or in a document that contains the financial report and Report of Operations. ■■ Details of overseas visits undertaken, including a summary of the objectives and outcomes of each visit. ■■ Details of major promotional, public relations and marketing activities undertaken by the OPP to develop community awareness of the services provided by the office. ■■ Details of assessments and measures undertaken to improve the occupational health and safety of employees, not otherwise detailed in the Report of Operations. ■■ A general statement on industrial relations within the OPP and details of time lost through industrial accidents and disputes, which is not otherwise detailed in the Report of Operations. ■■ A list of major committees sponsored by the OPP, the purposes of each committee and the extent to which the purposes have been achieved.
This information is available from:
Projects and Performance Unit Office of Public Prosecutions 565 Lonsdale Street Melbourne VIC 3000 Telephone: (03) 9603 7629
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OPP Appendixes 10_11 6_09.indd 97 8/09/11 4:54 PM Appendix 14 Disclosure index The Annual Report of the Office of Public Prosecutions is prepared in accordance with Victorian legislation.
This index has been prepared to facilitate identification of the OPP’s compliance with statutory disclosure requirements.
Legislation Requirement Page reference
Ministerial directions
Report of operations – FRD Guidance
Charter and Purpose
FRD 22B Manner of establishment and the relevant Ministers 70
FRD 22B Objectives, functions, powers and duties 2-3
FRD 22B Nature and range of services provided 12-25
Management and structure
FRD 22B Organisational structure 2-3, 10-11
Financial and other information
Operational and budgetary objectives and performance against FRD 22B 29, 76 objectives
FRD 22B Statement of workforce data and merit and equity 88-89
FRD 22B Occupational health and safety 90
FRD 15B Executive officer disclosures 70
FRD 22B Summary of the financial results for the year 29
FRD 22B Major changes or factors affecting performance 12-25
FRD 22B Subsequent events 12-25
FRD 22B Application and operation of Freedom of Information Act 1982 84-86
FRD 22B Application and operation of Whistleblowers Protection Act 2001 87
FRD 22B Details of consultancies over $100,000 96
FRD 22B Details of consultancies under $100,000 96
FRD 24B Reporting of office-based environmental impacts 91-94
FRD 22B Statement of availability of other information 97
FRD 10 Disclosure index 98-99
Financial statements
Financial statement required under Part 7 of the FMA
SD 4.2(b) Operating statement 37
SD 4.2(b) Balance sheet 38
SD 4.2(a) Statement of changes in equity 39
SD 4.2(b) Cash flow statement 40
Other requirements under Standing Directions 4.2
SD 4.2(c) Accountable officer’s declaration Inside front cover
Compliance with Australian accounting standards and other SD 4.2(c) 41-51 administrative pronouncements
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OPP Appendixes 10_11 6_09.indd 98 8/09/11 4:54 PM SD 4.2(d) Rounding of amounts 48
Other disclosures as required by FRDs in notes to the financial statements
FRD 21A Responsible person and executive officer disclosures 70
Legislation
Freedom of Information Act 1982 84-86
Whistleblowers Protection Act 2001 87
Financial Management Act 1994 33-74
FRD is a Financial Reporting Direction issued by the Minister for Finance according to section 8 of the Financial Management Act 199 and Regulation 16 of the Financial Management Act 2004. Compliance with FRDs is mandatory.
SD is a Standing Direction under the Financial Management Act 2004. Compliance with SDs is mandatory.
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OPP Appendixes 10_11 6_09.indd 99 8/09/11 4:54 PM Glossary
Accused A person charged with a crime is called an accused in the Supreme and County Courts
Arraignment The first appearance of an accused before a judge where the charges are read and the plea recorded
Barrister A lawyer who appears at court, acting for either the prosecution or defence
Committal A hearing conducted in a Magistrates’ Court to determine whether there is enough evidence for a trial before a judge and jury
CILS Continuous Improvement in Legal Standards
Conviction A person is convicted when they are found guilty by a jury or plead guilty before a judge or magistrate
County Court The court that hears the bulk of indictable matters and appeals from the Magistrates’ Court
Crown Prosecutor A prosecutor who works solely for the Director of Public Prosecutions
Directions hearing An informal court appearance to determine the possibility of resolving a matter
Discontinuance An announcement by the prosecution to discontinue proceedings in matters committed to trial after 1 January 2010
DOJ Department of Justice
Double jeopardy The principle that a person may not be tried or sentenced twice for the same offence
DPP Director of Public Prosecutions
ERA Early Resolution Advocate
High Court of Australia The highest court in the Australian judicial system
Indictable offences Crimes where the accused has the right to a trial where guilt or innocence is determined by a jury
ICSI Intentionally cause serious injury
Judgment The final order or set of orders made by a judge after a court hearing
Jury Twelve people chosen to decide whether an accused is guilty or not guilty in a County or Supreme Court trial
LPS Legal Prosecution Specialist
Magistrates’ Court The court that hears less serious matters (summary offences) and does not use a jury
Nolle prosequi An announcement by the prosecution to discontinue proceedings for matters committed to trial before 1 January 2010
OCE Office of the Chief Examiner
OPI Office of Police Integrity
OPP Office of Public Prosecutions
Plea A statement by an accused person as to whether they are guilty or not guilty
Prosecutor A Crown Prosecutor, barrister or Solicitor Advocate who acts for the DPP to call witnesses and present evidence in court to prove a matter
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OPP Appendixes 10_11 6_09.indd 100 8/09/11 4:54 PM Contents
QC Queen’s Counsel
RCSI Recklessly cause serious injury
ONE THis YEAR’S HIGHLIGHTS SC Senior Counsel two VICTORIA’S PROSECUTION SERVICE four REPORT OF THE DIRECTOR OF PUBLIC PROSECUTIONS Solicitor A lawyer who prepares a matter for court six REPORT OF THE CHIEF CROWN PROSECUTOR Solicitor Advocate An OPP solicitor who appears in court on behalf of the DPP eight message from the solicitor for PUBLIC PROSECUTIONS ten OPP OFFICE STRUCTURE SPP Solicitor for Public Prosecutions eleven OPP LEGAL PRACTICE STRUCTURE SSOU Specialist Sex Offences Unit twelve OVERVIEW OF THE OPP fourteen ADVOCACY AND BRIEFING Supreme Court The superior court in Victoria that hears the most serious matters fifteen COMPLEX CRIME Trial A hearing in the County or Supreme Court before a judge and jury sixteen AUDIO-VISUAL seventeen PRINCIPAL PROSECUTIONS Victim Impact A statement made by a victim of crime to the court when an offender is being sentenced eighteen VICTIMS STRATEGY AND SERVICES Statement nineteen SPECIALIST SEX OFFENCES UNIT VPFSD Victoria Police Forensic Services Department twenty REGIONAL PROSECUTIONS twenty SENTENCE REVIEWS VSA Victims Support Agency, Department of Justice twenty-two PROCEEDS OF CRIME VSSD Victims Strategy and Services Directorate twenty-three APPEALS twenty-four POLICY AND ADVICE WAS Witness Assistance Service twenty-six CORPORATE SERVICES Witness A person who appears in a court to tell what they know about a crime or other event twenty-eight DPP AND OPP REPRESENTATION ON COMMITTEES AND ADVISORY GROUPS twenty-nine SUMMARY OF FINANCIAL PERFORMANCE thirty summary of the court and prosecution process thirty-ONE COMMITTEE FOR PUBLIC PROSECUTIONS ANNUAL REPORT thirty-two financial report one hundred GLOSSARY
Annual Report 2010/11 The 2010/11 Annual Report of the Committee This document includes: for Public Prosecutions pursuant to section 45 of the Public Prosecutions Act 1994 The 2010/11 Annual Report of the Director of Public Prosecutions pursuant to section 12 of the Full financial statements for the Office of Public Prosecutions Public Prosecutions Act 1994 are either provided in this report or can be accessed at www.opp.vic.gov.au The 2010/11 Annual Report of the Office of Public Prosecutions pursuant to the Financial Management Office of Public Prosecutions Act 1994 565 Lonsdale Street, Melbourne Victoria 3000
Accountable Officer’s declaration
In accordance with the Financial Management Act 1994, I am pleased to present the Office of Public Prosecutions Annual Reportfor the year ending 30 June 2011. Cover printed on paper consisting of 50% post consumer recycled waste and 50% FSC certified fibre.
Text printed on paper consisting of Craig Hyland 100% recycled post consumer content Solicitor for Public Prosecutions FSC certified and carbon neutral. Office of Public Prosecutions 31 August 2011
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OPP100265-1 Annual Report Spine Cover.indd 2 8/09/11 4:05 PM Director of Public Prosecutions
Offi ce of Public Prosecutions
Committee for Public Prosecutions
ANNUAL REPORT 2010/11
Offi ce of Public Prosecutions 565 Lonsdale Street, Melbourne VIC 3000 Phone No: (03) 9603 7666 Fax No: (03) 9603 7430 www.opp.vic.gov.au
OPP100265-1 Annual Report Spine Cover.indd 1 8/09/11 4:05 PM