REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
To J A McGinty BA, BJuris (Hons), LLB, JP, MLA Attorney General Minister for Justice and Legal Affairs
In accordance with Section 62 of the Financial Administration and Audit Act 1985, I hereby submit for your information and presentation to Parliament, the Annual Report of the Ministry of Justice for the year ending 30 June 2001.
This report has been prepared in accordance with the provisions of the Financial Administration and Audit Act 1985.
Alan Piper Director General
31 August 2001
Ministry of Justice 141 St Georges Terrace Perth WA 6000
Telephone (08) 9264 1711 or 13 12 17 Justice Online: www.justice.wa.gov.au
PAGE 1 CONTENTS
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CONTENTS
Page no
From the Director General ...... 3
About the Ministry...... 5 The Ministry of Justice – vision, mission...... 5 Corporate structure ...... 6 Service locations – Perth ...... 7 Service locations – Western Australia...... 8 The executive team ...... 9
Our Year...... 11 The Ministry in Brief ...... 11 Working with the community...... 17 Working across Government ...... 18 Ministry of Justice Advisory Council ...... 18 2001 – International Year of Volunteers...... 19 Our customer service...... 19 Our employees ...... 20
Delivering on our promises ...... 23 Disability services plan...... 23 Language and cultural diversity...... 24 Family and domestic violence plan outcomes ...... 25 Plan for young people 2000-2003 ...... 25 Waste paper recycling ...... 25
Public sector standards and ethical codes...... 26
Report on operations...... 29 Court Services ...... 30 Crown Solicitor...... 34 Parliamentary Counsel...... 35 Offender Management and Prison Services ...... 36 Public Advocate...... 47 Public Trust Office...... 49 Registry of Births, Deaths and Marriages ...... 51 Policy and Legislation ...... 52
Corporate support areas...... 55 Aboriginal Policy and Services ...... 56 Corporate Services...... 58 Public Affairs ...... 60
Key performance indicators...... 63
Financial statements ...... 136
Appendices ...... 186 Expenditure incurred ...... 188 Contracts...... 189 Legislation administered...... 192
PAGE 2 Publications ...... 196 FROM THE DIRECTOR GENERAL MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
FROM THE DIRECTOR GENERAL
After a very busy year at the Ministry of Justice, I am pleased with the changes that have occurred and the considerable gains achieved. However, I am also realistic about the challenges that still face us in the years ahead.
Several large infrastructure projects were completed during the year, continuing our strategy of improving facilities to provide better access to justice services.
The commissioning of new justice complexes at Fremantle, Rockingham and Busselton, the integrated Hakea Prison at Canning Vale and new Acacia Prison at Wooroloo are the result of research and planning that started several years ago.
The new justice complexes are much more than courthouses alone. For the first time, they provide victims, offenders and witnesses with a full range of justice services in one location. The integrated approach is indicative of where justice services are heading in Western Australia.
Possibly the most prominent new infrastructure project to be finalised in the financial year was Acacia Prison – the State’s first privately managed prison. Acacia opened in May 2001, with the first prisoners transferred shortly after.
Also in the public eye in the past year was the introduction of private operators to manage court security and prisoner transport services. The project has been complex and challenging, with several escapes and unlawful releases early in the contract leading us to review procedures and practices.
Equally as important in the delivery of services, but perhaps not as public, is the hard work in all areas of the Ministry to make services more efficient and effective.
Smarter use of technology is central to many of the initiatives now making a difference to the way services are delivered.
This year, we expanded our video-conferencing technology – improving services to customers in regional and remote areas and to prisoners held in custody a long distance from court or their families.
We have come closer to finalising a new technology system across our courts which will, when implemented, increase efficiency. This ground-breaking system will enable electronic sharing of information with other agencies and will make working with external stakeholders – such as the legal profession – more efficient and convenient.
The Registry of Births, Deaths and Marriages has also started developing a new electronic system to integrate all functions and introduce new customer services – such as online storage of birth, death and marriage records. And the Public Trust has invested in new web-enabled software in a bid to improve customer service.
Other innovative projects, progressed during the year, represented new approaches to solving ongoing problems.
The opening of a juvenile bail facility in the Kimberley heralded a new era in the containment of unsentenced juveniles. The facility eliminates the need to send juveniles to Perth for remand before sentencing, therefore allowing them to maintain valuable links with their families and culture.
The new drug court pilot, which began operations in late 2000, also demonstrates how we are exploring new ways to tackle ongoing issues such as drug-related crime. The drug court was set up to deal with the source of the crime – by providing treatment options for drug-addicted offenders – rather than simply punishing the offender.
PAGE 3 FROM THE DIRECTOR GENERAL MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
FROM THE DIRECTOR GENERAL continued
The successful prisoner work camp program was further expanded – with new work camps opening at Millstream National Park in the Pilbara, Bungarun near Derby and at Kellerberrin in the Wheatbelt.
In an effort to develop coordinated solutions to justice-related issues, we have also worked closely with other agencies throughout the year. The Strong Families initiative, a result of such collaboration, provides a multi-agency approach to dealing with family issues that can lead to crime in our community. I am confident that, by working together, several agencies can be much more effective in the fight against crime.
Although we have achieved a great deal this year, we have still battled with persistent and complex issues such as deaths in custody. While many measures have been put in place to tackle such issues, it is clear that there is no simple solution.
However, the improvements made to prison accommodation during the year, coupled with the introduction of new processes and programs, are all part of a commitment to reduce the number of deaths within our prisons.
Just as importantly, a key challenge for the Ministry in the year ahead is to develop alternatives to prison that are both effective and acceptable to the community. In particular, we are keen to address the unacceptably high rate of imprisonment of indigenous people.
These are serious issues that will require hard work and innovative thinking. I am confident the Ministry’s 4000 employees have the commitment and ability to tackle these in the coming year, and I commend them for their efforts in 2000/2001.
Alan Piper Director General
PAGE 4 ABOUT THE MINISTRY MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
THE MINISTRY OF JUSTICE
The Ministry of Justice was established in July 1993 to make the Western Australian system of justice more efficient and responsive to the needs of the community.
Our mission To provide quality, coordinated and accessible justice services, which contribute to a safe and orderly community.
Our vision To be recognised as an organisation that is a leader in the coordination and delivery of justice services that: • provides excellent services • anticipates and satisfies community and customer needs • works in partnership with other agencies and community groups • values its employees • works as a team • listens and communicates • manages using sound information • is open and accountable.
Our services The Ministry provides a wide range of services including: • administrative and support services, technical facilities and accommodation to State courts and tribunals • support, assistance, advice and counselling to victims of crime • managing adult and juvenile offenders in custody and in the community • legal services to Government and its agencies • translating Government policy into laws that are easily understood • advocacy and guardianship services on behalf of people with decision-making disabilities • making trustee services available • registering births, deaths and marriages • information and support to the Parole Board and Supervised Release Review Board • regulating State-based corporate bodies such as Friendly Societies.
PAGE 5 ABOUT THE MINISTRY MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CORPORATE STRUCTURE
DIRECTOR GENERAL Aboriginal Policy & Services, Executive, Internal Audit, Ministerial Liaison Unit, Public Affairs
COURT SERVICES Courts; Tribunals & Boards; Victim Support Service
CROWN SOLICITOR’S OFFICE Legal services to Government
CORPORATE SERVICES Corporate support including Asset Management; Financial Management; Human Resources; Information Services; Organisational Performance
OFFENDER MANAGEMENT Community-Based Services; Juvenile Custodial Services; Court Security and Custodial Services; Acacia Prison
PRISON SERVICES Management and operation of WA’s public prisons; Health Services
PARLIAMENTARY COUNSEL’S OFFICE* Legislative drafting service to Government
POLICY & LEGISLATION Policy & legislation service
PUBLIC ADVOCATE* Independent advocacy and guardianship advice to people with decision-making disabilities
PUBLIC TRUST OFFICE* Trustee services to WA community
REGISTRY OF BIRTHS, DEATHS & MARRIAGES Creates and stores birth, death and marriage records; Conducts civil marriages
* Reports directly to the Attorney General on professional or statutory matters and to the Director General on administrative matters
PAGE 6 ABOUT THE MINISTRY MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
SERVICE LOCATIONS - PERTH
Registry of Births, Deaths Court Services and Marriages
Offender Management Prison Services
Public Trust Office Office of the Public Advocate
PAGE 7 ABOUT THE MINISTRY MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
SERVICE LOCATIONS - WESTERN AUSTRALIA
Collie
Registry of Births, Deaths Court Services and Marriages
Bell Springs Bungarun Derby
Banana Well
Millstream
Badgingarra Toodyay Kellerberin
Walpole
Offender Management Prison Services
PAGE 8 ABOUT THE MINISTRY MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
THE EXECUTIVE TEAM
The executive team (L–R): Alan Piper, Director General The Ministry of Justice executive team, headed by the Director General, Alan Piper, takes Julie Roberts, Public Advocate responsibility for the various divisions of the agency, which all contribute to a safe and orderly Don Stockins, Registrar of Births, Western Australian community. Deaths and Marriages Gary Thompson, Executive Director It includes the independent positions of Public Advocate and Public Trustee, which also prepare Court Services separate annual reports. Robert Harvey, Executive Director Offender Management The Ministry also administers State Corporate Affairs and provides secretariat support for the Parole Ray Warnes, Executive Director Board and Supervised Release Review Board. Corporate services functions are also provided to a Corporate Services number of other Government agencies. Nina McLaren, Public Trustee Robert Fitzgerald, Executive Director Alan Piper Policy and Legislation Director General Terry Simpson, General Manager Alan Piper graduated in 1972 with a Bachelor of Engineering (Hons) degree and was awarded a Prison Services Master of Business Administration in 1981. He joined the Ministry of Justice as Director General in Not Photographed: 1998, bringing to the position extensive experience in the public sector. Between 1996 and 1998 he Peter Panegyres, Crown Solicitor was Executive Director of the Department of Contract and Management Services. Greg Calcutt, Parliamentary Counsel Peter Panegyres AM Crown Solicitor Peter Panegyres joined the-then Crown Law Department in 1962 and has held the position of Crown Solicitor for more than 16 years. Gary Thompson Executive Director Court Services Gary Thompson has university qualifications in management and courts’ administration. A member of the Australian Institute of Judicial Administration, Gary joined the Ministry in August 2000. He has spent 30 years working in the New Zealand justice system, and has been involved in a wide range of justice issues, including a Ministerial inquiry into escapes from maximum-security prisons, a Ministerial review of New Zealand’s Department of Justice and a court modernisation program. Julie Roberts Public Advocate (Independent Statutory Officer) Julie Roberts has a Bachelor of Applied Science (Social Work) and worked with Family and Children’s Services and the-then Public Guardian’s Office before becoming Public Advocate in 1996. She is Chairperson of the Australian Guardianship and Administration Committee and a member of the Ethics Committee of the Australian Association of Social Workers (WA Branch). PAGE 9 ABOUT THE MINISTRY MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
THE EXECUTIVE TEAM continued
Robert Harvey Executive Director Offender Management Robert Harvey holds a Bachelor of Engineering and a Master of Business Administration. Before being appointed Executive Director Offender Management in 1999, he had held senior executive positions at the Department of Contract and Management Services and the Water Corporation. Terry Simpson General Manager Prison Services Terry Simpson has a Bachelor of Social Work and has worked in Queensland and the Northern Territory in child welfare and juvenile justice. When he came to Western Australia, he joined the then Family and Children’s Services and served as Assistant Director General before being appointed to the Ministry of Justice in 1996 as Executive Director Corporate Services. He was appointed General Manager Prison Services in March 1999. Greg Calcutt Parliamentary Counsel Greg Calcutt graduated from the University of WA with a Bachelor of Laws in 1967 and joined the then Crown Law Department in 1971. He was appointed Deputy Parliamentary Counsel in 1985 and took up the position of Parliamentary Counsel in 1989. Nina McLaren Public Trustee (Independent Statutory Officer) Nina McLaren holds a Bachelor of Arts (English) and a Master of Business Administration. She joined the Ministry in 1999, having previously worked in management in the private sector. She brings to her position a proven track record in financial services and management, having held senior positions with Asgard Capital Management Ltd and UWL Ltd. Don Stockins OAM Registrar of Births, Deaths and Marriages Don Stockins holds a Diploma in Accounting (Hons) and has been the Registrar for the past 17 years. He was awarded an Order of Australia medal in 1988 and was Citizen of the Year in 1990. His career began in 1954 as a junior in the Bunbury Courthouse and in 1964 he became Managing Registrar of one of WA’s country courts. In 1971 he moved to the Registrar General’s office in Perth. Ray Warnes Executive Director Corporate Services Ray Warnes has provided consultancy services and project management in public sector organisations for more than 10 years. He holds a Graduate Diploma in Business and Administration, a Bachelor of Education and a Diploma of Teaching. He joined the Ministry of Justice as Director Organisational Performance in 1996 was appointed Executive Director Corporate Services in July 1999. Robert Fitzgerald PSM Executive Director Policy and Legislation Dr Robert Fitzgerald’s outstanding career in justice – spanning more than 20 years – was recognised in 1999 when he was awarded the Public Service Medal for service to justice in the Queen’s Birthday Honours List. He holds a Bachelor of Psychology (Hons) and a PhD in Psychology. Following a decade in Canada, he returned to WA in 1980 to work with the-then Prisons Department as senior clinical psychologist. Since 1987, he has held several senior policy positions. In 1993 he was appointed Executive Director Strategic and Specialist Services with the Ministry of Justice and, in 1996, Executive Director Policy and Legislation. Dr Fitzgerald retired on June 30, 2001.
PAGE 10 OUR YEAR
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
THE MINISTRY IN BRIEF
COURT SERVICES Court Services provides services that meet the needs of the judiciary and community, including victims of crime.
It provides administrative services and suport for the management of courts and tribunals. It also provides court accommodation, technical facilities, non-judicial staff support, registry, security and other administrative support services.
Key Achievements • Opened three justice complexes, bringing modern facilities, operational efficiencies, improved links with other agencies and stakeholders and “user friendliness” to the delivery of justice services in Fremantle, Rockingham and Busselton. • Launched Western Australia’s first specialised Drug Court in a pilot program aimed at reducing the influence of drugs on the incidence of crime. • Signed a memorandum of understanding with the WA Police Service, Family and Children’s Services and the Pat Giles Refuge, which encouraged a holistic approach to case-management of family violence issues. • Progressed development of communications technology that improved access for a broad range of stakeholders and enabled effective linkages with other agencies and the streamlining of internal procedures. • Extended sittings of the District Court to the new justice complexes at Fremantle and Rockingham and to Meekathara – reducing the accommodation pressure on the central Perth court complex and increasing convenience for witnesses, families and other stakeholders. the ministry in brief • Allocated additional resources to reduce delays in the District Court’s hearing of criminal cases. • Introduced electronic payment of fines by EFTPOS, improving recovery rates and decreasing costs. • Commenced an organisational restructure to modernise and streamline all aspects of its operations.
Future Directions • Develop implementation plans for 447 Law Reform Commission recommendations, giving priority to restructuring the lower courts, including implementation of a Civil and Review Tribunal (CART), improving access to dispute resolution in both criminal and civil jurisdictions, restructuring existing criminal laws and procedures and improving civil procedures. • Review fee structures and develop a cost recovery plan for presentation to Government. • Implement the first phase of the Integrated Courts Management System (ICMS), including installation of cabling, network infrastructure, hardware, peripherals and software capable of supporting the new system. • Identify improvements in technology and procedure to improve fines payment rates and continue integration of the fines enforcement computing system with other agencies. • Integrate the Child Witness Service into the Victim Support Service to improve services to children and their families and enable expansion of services to regional areas. • Develop, on an inter-agency basis, an information kit to assist secondary victims of crime-related deaths.
PAGE 11 OUR YEAR PAGE 12 PAGE the ministry in brief MINISTRY OFJUSTICE departments andagencies. departments It provides comprehensive totheGovernment, legislative draftingandrelated services its the publicisgiven accessto,andinformationabout,existinglegislation. andtribunalspreparationin courts oflegaldocuments. and agencies. This includesconductoflitigation,provision oflegaladvice,representation ascounsel THE MINISTRY INBRIEF • • Key Achievements law-abiding lifestyles. reduce re-offending, contributetotheprotection ofthecommunityanddirect offenderstowards These divisionsmanageadultandjuvenile offendersincustodyandthecommunity. They aimto OFFENDER MANAGEMENT/PRISON SERVICES • • • Key Achievements The Parliamentary Counsel PARLIAMENTARY COUNSEL • • Key Achievements The Crown Solicitor CROWN SOLICITOR • • • Future Directions • • • • Commenced operationsattheprivately-managed, Acacia medium-security prisonformen Successfully expandedthework campsprogram. that are amendedby thoseBills. Made available, tothepublic,additional informationaboutBills inParliament andprovisions including legislationnotcurrently inforce. Improved thereprinting ofwrittenlawsby providing additionalreference materialsandby the materialatParliament, thusreducing thepotentialforerror. in electronic form. This speduptheprocess withintheofficeandeliminatedneedtore-key Streamlined legislationby providing theprocess fortablingsubsidiary Parliament withmaterial Continued toprovide toGovernment. ahighlevel oflegalservices Increased involvement innegotiationandmediationofnative titleclaims. Increase thecapacitytomonitoroffenderselectronically. Develop andadoptdiversion programs foradult andjuvenile minoroffenders. indigenous people. toreduceContinue efforts thelevel ofimprisonment Introduced strategicchangestoimprove prisonermanagementandadministration. Started work onthemajorexpansionandupgrade ofBandyup Women provided under contract by aprivate-sector operator. service Assumed responsibility custody/security andprisonertransport fortheintegratedcourt Commissioned Hakea Prison asadedicatedremand, receival andassessmentcentre. State ’ s largestprison. ’ s officeprovides totheGovernment, abroad-based legalservice itsdepartments ’ s officeensures Government policiesare putintolegislative formand • ANNUAL REPORT 2000/2001 continued – with a particular emphasison withaparticular ’ s Prison. – the OUR YEAR PAGE 13 PAGE the ministry in brief MINISTRY OFJUSTICE THE MINISTRY INBRIEF independent trustee andassetmanagementservices. independent trustee The Public Trust Office for providesWestern services trustee Australia, delivering professional and PUBLIC TRUSTOFFICE • • Future Directions • • Key Achievements acts asguardian whenappointedby theboard. decision-making disabilities,includingguardianship andadministration. The Public Advocate also and inthecommunityinformationonwaysofsafeguarding thebestinterests ofpeoplewith The Public Advocate provides advocacy athearingsoftheGuardianship andAdministration Board Public officerappointedunderthe Advocate isanindependentstatutory who have adecision-makingdisabilityandreduces theriskofneglect,exploitationandabuse. The The Office ofthePublic Advocate protects andpromotes therights,dignityandautonomyofadults PUBLIC ADVOCATE • • • • • • • • Future Directions • • • • Key Achievements Administration Act 1990. Public Advocate toindigenouspeople. the Use thefindingsofitscommissionedreport ontheneedsofindigenouspeoplewithrelation to guardianship project inBunbury. andadvocacy services Extend andimprove toregional services Western Australia withtheimplementationofapilot guardianship andadministrationlegislation,whichwere assentedtoinDecember 2000, inthe Together withtheGuardianship andAdministration Board initiated improvements tothe Commissioned aproject investigating issuesforindigenouspeopleinrelation tothe Continue existingreforms intheprisonsystem. Ongoing emphasisonfacilitiesforwomen. development ofinfrastructure, withparticular Reduce thecostofmanagingoffendersby providing effective alternatives toimprisonment. new client meetingrooms thatarenew more accessible toclients. Continue accommodation changestoimprove includingthe establishmentof customerservice, Continue toreview delegationstogive clientsbetteraccesstodecision-makers. Evaluate improvement toensure localservice allkeyservices isachieved. policies andprocedures. Continue towork towards bestpracticewithcontinuedreview andrevision ofall industry Implement the Established acallcentre. toinvestors. toofferassistanceandsupport Introduced informationservices mortgage Finalised theselectionof improvementCompleted thefirststepofitsefficiencyandservice program. Guardianship andAdministration Amendment Act 2000. Guardianship andAdministration Act 1990. Guardianship andAdministration Act 1990, ‘ purpose-built ‘ purpose-built ’ web-enabled software toachieve savingsandimprove service. • ANNUAL REPORT 2000/2001 continued ’ web-enabled software. to improve provided services by theofficeof Guardianship and OUR YEAR PAGE 14 PAGE the ministry in brief MINISTRY OFJUSTICE • THE MINISTRY INBRIEF • • • • Future Directions • • • • • Key Achievements manages theAboriginal Visitors SchemeandtheAboriginal Alternative Dispute Resolution Service. This directorate provides policyanalysisandadvice,coordination andcommunityconsultation.It also ABORIGINAL POLICYANDSERVICES • • • Future Directions • • Key Achievements Western Australian deathsandmarriages,conductscivilmarriages. births, providesThe registry informationtoapproved peopleandorganisationsfrom itsrecords of deathandmarriagerecordsbirth, andprovides analternative toareligious marriageceremony. ofBirths, DeathsThe Registry andMarriages managesthesecurity, of integrityandpreservation REGISTRY OFBIRTHS, DEATHS ANDMARRIAGES • • Key Achievements andassetmanagement. human resources, financialmanagement, information services provides inorganisationalperformance, Corporate Services efficientbusinesssystemsandservices CORPORATE SERVICES and useofdata, informationandknowledge. knowledgeCommenced aMinistry-wide managementstrategyto improve thecreation, sharing making capability. organisations. Update theAboriginal Justice Plan, inconsultationwithrelated Government andcommunity Scheme. Provide totheregional support Aboriginal Justice Councilthrough theAboriginal Visitors directorate ofJustice. withintheMinistry Conduct anexternalreview oftherole andfunctionoftheAboriginal Policy andServices Expand thescopeofAboriginal Alternative Dispute Resolution Service. Developed aculturalandresource materialspack. Established additionalofficesfortheAboriginal Visitors Scheme. Contributed todevelopment oftheAboriginal Justice Plan. Extended theAboriginal languagesinterpreter project. Further developed thepilotprison-to-work transitionprogram inthePilbara. Progress usingtheInternet. theintroduction ofelectronic customerservices Complete therestructuring oftheregistry. deathsandmarriagesregistrationImplement births, system. itsnew Continued therestructuring oftheregistry. Progressed deathandmarriageregistration electronic thedevelopment birth, ofanew system. Developed anon-linerisk managementsystemtoimprove theMinistry within theMinistry. Reviewed theHuman Resources directorate tomeetthechanging demandsandexpectations • ANNUAL REPORT 2000/2001 continued ’ s businessdecision- OUR YEAR PAGE 15 PAGE the ministry in brief MINISTRY OFJUSTICE THE MINISTRY INBRIEF • • • Key achievements national justiceinitiatives. contributes tothecoordination ofmajorjusticeinitiatives across Government agenciesandto This divisioncoordinates policyandlegislative developments across theMinistry. The divisionalso POLICY ANDLEGISLATION • Future Directions • • • • • • • • • • • • • • • Initiated areview ofthe withinthree courts establishedcourts. pilotprogram, settingupspecialistdrug Court In withtheDrug Abuse partnership Strategy Office, developed andimplementedtheDrug Services. management responsibility toCourt ofthecourt Reviewed thepilotFamily Violence establishedin1999/2000,andthentransferred Court, links totheMinistry Develop facilitiestoenableemployees andupdatetheirown toview informationthrough direct Enhanced theMinistry since March 1999. intheprogramContinued theindigenoustraineeshipprogram, with18traineesparticipating on-line planningframework. Develop majorelementsofcorporatefinancialmodelsandintegratethemwiththeMinistry the creation, sharinganduseofdata,informationknowledge withintheMinistry. Continue toimplementtheknowledge managementstrategyand associatedprojects toimprove the system. Further develop theproject reporting systemandimprove theflow ofinformationwithin specific businessplansanddeliver value tothemanagementprocess within theMinistry. Develop aplantosetthecontextforhow datawarehouse the informationneeds, willsupport etc) foralljudicialofficers,includingthoselocatedatregional andoutermetropolitan courts. Provide accessinchamberstoelectronic legalinformationresources (statutes,cases,commentary improvegeneral ledgermodulesandfurther thecashplanningandmanagementmodules. develop Internet-ready applications,enhanceaccountspayableandreceivable, purchasing, Implement thenextversion oftheFinancial Management Information System tofurther Develop andimplementanindigenousmentorprogram. to reduce therateof Aboriginal involvement inthejusticesystem. Collaborated withtheState Aboriginal Justice Council indeveloping an Aboriginal Justice Plan related agenciesinawhole-of-Government drive toreduce crime. Supported theJustice Coordinating Councilindraftingastrategyaimedatlinkingalljustice- Undertook work toenablethe preparatory Completed preparation oflegislationtofacilitateelectronic commerce. Progressed thereview oflegislationgoverning legalpractitioners. sentencinglegislation. review ofmandatory Commenced astatutory ’ s personnelandpayroll system. ’ s on-lineproject managementframework. Spent ConvictionsAct • ANNUAL REPORT 2000/2001 continued Gender Reassignment Act . to takeeffect. ’ s OUR YEAR PAGE 16 PAGE the ministry in brief MINISTRY OFJUSTICE operations andachievements. THE MINISTRY INBRIEF • • • • • • Future Directions • • • • • • • • Key achievements tohelpdevelop community,broad rangeofservices stakeholderandstaffawareness oftheMinistry Public theMinistry Affairssupports PUBLIC AFFAIRS Proactively managestakeholderconsultationsandbriefingsforallmajorprojects andissues. Continue torefine anddevelop theInternet andIntranet sites. Focus onstaffcommunicationsduringaperiodoforganisational change. Use initiatives extensive toreduce communicationstosupport imprisonment. Work toimplementtheKimberleyAction withstaffacross theMinistry Plan. Undertake communityconsultationregarding prisons. proposed new Developed inductionandorientationinformationforprisoners. new corporateidentity.Continued roll-out ofnew Western Australia. Achieved significantpositive mediacoverage inregional initiatives, particularly forMinistry Reviewed andimproved staffcommunication. Increased useoftheIntranet by providing easyaccesstotools,policiesandguidelines. Developed amore user-friendly, Internet site. service-focussed services. Managed anunprecedented facilitiesand numberofofficialevents tolaunchoropennew work campsinregional Western Australia. Acaciaincluding thenew Prison, Detention Centre theRangeview prisoner upgradeandnew Undertaken comprehensive majorprograms consultationprograms andworks tosupport ’ s businessareas withstrategiccommunicationsadviceanda • ANNUAL REPORT 2000/2001 continued – ’ s OUR YEAR
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
WORKING WITH THE COMMUNITY
Community safety and security is an issue for all Western Australians – to achieve a safe and orderly community, the Ministry of Justice cannot work alone.
The Ministry believes that to achieve the most effective results, the community must play an important role in the development of policy, programs and initiatives.
In the past few years, the Ministry has been applying this principle – working at the grass-roots level to involve the community in key decision-making processes. This has resulted in the development of strong relationships with communities across the State.
In 2000/2001, the Ministry has built on these relationships, undertaking wide-ranging consultation on key decisions and encouraging and facilitating interaction, wherever possible.
In planning and establishing the new Acacia Prison at Wooroloo, the Ministry organised its most comprehensive information and consultation program yet.
A community reference group was formed, consisting of residents from the surrounding area, local parliamentary members, local councillors, Ministry representatives and the company chosen to build and operate Acacia.
Meetings were held at key stages of the project and the community was invited to be amongst the first to see the prison at an open day staged once construction ended. Newsletters were regularly distributed to all households within 10km of Acacia.
During the year, extensive community consultation also preceded the official openings of three new prisoner work camps in regional Western Australia. The consultation program – which included local government shires, Aboriginal elders and community organisations – confirmed strong support for the new camps at Millstream National Park in the Pilbara, Kellerberrin, and Bungarun, near Derby.
To ensure community needs continue to be met, community consultative groups now operate in all areas where there is a prisoner work camp (six in total).
The Ministry has also boosted interaction between the community and minimum-security prisoners with its day-release work program. In 2000/2001, some 207 prisoners participated in the program – contributing community services to the value of $482,350. This was in addition to the 43,850 hours of work contributed to local community projects by the prisoner work camps.
The community has also provided important feedback for the Ministry through customer surveys and other research conducted during the year. The Registry of Births, Deaths and Marriages and the Public Trustee have both undertaken research to determine what service improvements would assist in meeting the needs and expectations of customers. To further facilitate customer interaction with the Ministry, a web-based customer feedback system was developed during the year and will be trialled by selected business areas in 2001/2002.
The community is represented on the following peak consultative groups: the Victims Implementation and Advisory Committee; the Justice Coordinating Council; the Juvenile Justice Advisory Council and the Ministry of Justice Advisory Council.
PAGE 17 OUR YEAR
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
WORKING ACROSS GOVERNMENT
Justice-related issues are usually the result of several factors – and the Ministry works collaboratively with other agencies on a range of initiatives including the Justice Coordinating Council and Safer WA.
These include the Aboriginal and Torres Strait Islander Commission, Aboriginal Justice Council, Western Australia Police Service, Family and Children’s Services, the Health Department, local government authorities and the Education Department of Western Australia.
MINISTRY OF JUSTICE ADVISORY COUNCIL The Ministry of Justice Advisory Council was established in 1998 as a peak body to provide input and advice into justice matters.
Chaired by the Director General and made up of representatives from community and justice groups as well as senior Ministry executives, the council met four times during the past year.
Discussions focussed on issues such as the opening of new Acacia prison, the Ombudsman’s report into deaths in prison, women’s prison accommodation, suicide prevention strategies, Aboriginal over-representation in the criminal justice system, crime prevention and the Family Violence Court and Drug Court initiatives.
2000/2001members were: Peter Huxtable Legal Aid Western Australia Jane Stewart Legal Aid Western Australia Peter Sirr Outcare Frank Morgan Crime Research Centre Charles Edwards Australian Crime Prevention Council Betty Mazzarol Seniors Ministerial Advisory Committee Michael Emmanuel WA Police Service Maria Saraceni Jackson McDonald Barristers and Solicitors John Prior Law Society Glen Colbung Aboriginal Justice Council Beryle Morgan Shire President, Shire of Busselton Alan Piper Director General, MoJ Terry Simpson General Manager Prison Services, MoJ Robert Harvey Executive Director Offender Management, MoJ Gary Thompson Executive Director Court Services, MoJ Robert Fitzgerald Executive Director Policy and Legislation, MoJ Hilary MacWilliam Aboriginal Policy & Services, MoJ Sianˆ Martin Manager Public Affairs, MoJ Lesley Storey Manager, Executive Support, MoJ (minutes)
The Ministry acknowledges the support and commitment of the late Glynis Sibosado, who represented the Aboriginal Justice Council on the Council from the time of its inception until her death in April 2001.
PAGE 18 OUR YEAR
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
2001 – INTERNATIONAL YEAR OF VOLUNTEERS
Every day, thousands of people of all ages and from all walks of life, volunteer their time to work with the Ministry to deliver better justice services.
There are more than 3,000 justices of the peace volunteering in Western Australia and research conducted during May and June 2001 showed there were another 175 people who volunteered their time to the Ministry and more than 50 paid staff who volunteered their services in the community.
During 2001, their contribution to the community has been recognised and rewarded by the Ministry with a range of initiatives for International Year of Volunteers.
OUR CUSTOMER SERVICE
In the past year, the Ministry came into contact with thousands of customers from diverse backgrounds and all with very different service expectations. As part of its commitment to maintaining a high-level of service and communication, a customer service strategy has been developed to build on the initiatives undertaken in previous years.
The strategy focusses on three key areas – customer and stakeholder management, customer relationship management and customer feedback.
Customer and Stakeholder Management • Stakeholder briefings were held to communicate on key issues during the year. • Court Services maintained its customer service by running its bi-annual customer satisfaction survey. • Community-Based Services opened a specialised program, including child-minding facilities, to help women with special needs complete their community service requirements.
Customer Relationship Management • Court Services started to develop plans to implement the 447 recommendations of the Law Reform Commission review. The recommendations include a range of processes and structure reviews to make access to justice services better for customers and to speed up procedures. • Development of a victim notification register was progressed by Community Based Services, to enable victims of crime to receive information about an offender.
Customer Feedback • Court Services began developing a formal complaint-handling system to assist its continuous improvement. The system will be linked to a database which will ultimately provide complaints analysis reports. • Community-Based Services began developing a complaints-management policy, to integrate feedback into business planning processes to aid positive customer service change. • Corporate Services began developing a web-based customer feedback system, which will be trialled in selected business divisions in the next financial year.
PAGE 19 OUR YEAR
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OUR CUSTOMER SERVICE continued
Grievance resolution – complaints to the Ombudsman In order to reduce the number of minor complaints being received by the Ombudsman – and adequately resolve issues internally – the Ministry put in place new grievance procedures during the year for addressing prisoner complaints.
This prisoner grievance resolution process was successfully piloted at two prisons before being introduced to other prisons in May 2001. By year’s end, it was still due to roll-out to Hakea, Casuarina and Bandyup prisons.
The Public Trust Office started developing a new customer feedback policy. This was also in response to the high number of complaints made to the Ombudsman.
OUR EMPLOYEES
The challenging and varied work of the Ministry of Justice attracts a diverse range of employees with a broad skills base. With more than 4,000 employees, maintaining a safe, flexible and rewarding work environment was again an important task for the Ministry in 2000/2001.
Wages and salaries In September 2000, following negotiations with the Australian Nurses’ Federation, a certified agreement was registered with the Australian Industrial Relations Commission.
The agreement followed a consent recommendation from the Industrial Relations Commission and provided prison-based nurses with wage increases of 10.5% throughout the total period of the agreement.
The Western Australian Industrial Relations Commission approved registration of a new industrial agreement with the Western Australian Prison Officers’ Union in November 2000.
The agreement provided prison officers with an initial 5% wage increase in recognition of productivity already achieved, with a further 2% wage increase 12 months after registration, based on identified and agreed cash and/or efficiency savings.
Following extended negotiations, the Ministry and the Community and Public Sector Union/Civil Services Association (CPSU/CSA) were able to reach agreement on a replacement industrial agreement for public service officers. The industrial agreement was registered in February 2001 and provides public service officers with an initial wage increase of 3% and a further 3%, 12 months later, subject to productivity improvements. The pay increases also apply to group workers who form part of the industrial agreement.
Employee welfare In 2000/2001, a personal-effectiveness training program was implemented to help staff deal with work and personal stress. The program was designed to enable staff to take more responsibility for their own psychological fitness. Ten courses have been conducted so far, with a total of 139 participants.
The training of custodial workers as staff supporters continued during the year. Since 1998, the number of trained prison-based staff supporters has increased from 40 to 90. As a result, the number of stress claims lodged by employees in the custodial area has decreased.
PAGE 20 OUR YEAR
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OUR EMPLOYEES continued
1998/1999 1999/2000 2000/2001 Workers’ compensation claims 453 377 409 Stress claims 51 44 41 Lost time claims 195 189 170 Lost time frequency rate 26.2 25.2 22.5 Liability (Riskcover) assessed $4.22m $2.49m $2.88m Employee Assistance Program usage rate – % of workforce 7.5 5.8 5.4
The number of lost time claims decreased this year. However, there has been an increase in the number of workers’ compensation claims. This is being monitored by the Ministry to identify significant trends.
Employee profile
2000/2001 Total Details Female Male 2000/2001 1999/2000 Aboriginal Visitors Scheme 35 21 56 54 Catering Employees & Tea Attendants 10 1 11 20 Child Care Workers 3 – 33 Cleaners and Caretakers 44 17 61 43 Government School Teachers 64 65 129 96 Govt Officers on Salaries & Allowances (GOSAC) 31 66 97 46 Group Workers 60 126 186 176 Hospital Workers 10 6 16 17 Hostel Supervisors & Managers 1 – 11 Medical Officers –––1 Nurses 75 3 78 74 Prison Officers 231 1246 1477 1526 Public Services Employees 1419 885 2304 2231 Salaries and Allowances Tribunal 7 24 31 137 Total 1990 2460 4450 4425
In addition there are 707 sessional workers and 71 board & tribunal members
Women in management The Ministry maintained its commitment to addressing the gender imbalance in senior management during the year. In 2000/2001, the Ministry: • Continued the mentor program for women, launched in June 2000 to foster career development. During 2000/2001, 92 people participated in the program as mentors or mentees. • Continued to support the appointment of women to Ministry boards and committees. Since 1997, the proportion of women on boards and committees has nearly doubled, from 21% to 40%.
PAGE 21 OUR YEAR
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OUR EMPLOYEES continued
• Developed the Court Services “advance program” as part of the courts diversity strategy. The program is an ongoing initiative in which selected women participate in a 12-month structured program that provides training, networking and career development opportunities. As a result of the Ministry’s efforts, the number of women in management positions has steadily increased. The proportion of women to men in management positions has risen from 17% in 1998/99 to 23% in 2000/2001, as shown below.
1998/1999 1999/2000 2000/2001 Female Male Female Male Female Male (percent) (percent) (percent) (percent) (percent) (percent) Special C6 010101 CL3020102 CL2.5 010100 CL2010000 CL1151312 L91931029 L8 4 17 3 22 4 22 L7 12 46 13 42 15 41 TOTAL 17 83 20 80 23 77
Equal opportunity and diversity The Ministry continued to support programs and strategies as part of its Equal Opportunity and Diversity Plan 1998-2001, which encourages the development of a diverse workplace.
In 2000/2001, the plan’s activities included: • Implementing a mentoring program for women to encourage and prepare them for promotion. • Conducting regular equal employment opportunity awareness training courses including a specialised program for managers. • Increasing the number of trained grievance resolution officers to 76. These officers help staff resolve grievances at the local level and ensure all staff have access to formal and informal grievance resolution processes. • Conducting prison officer training of mainly women and indigenous trainees to improve the representation of these groups in the Ministry’s workforce. • Conducting information sessions in metropolitan and regional areas for prospective indigenous employees, especially as prison officers and group workers. • Providing regular cross-cultural awareness training sessions for staff. • Implementing a program to retain and develop indigenous staff within the Ministry. This includes peer support, mentoring and career planning. • Providing work experience in the Ministry for youth and people with disabilities. • Reviewing the indigenous employment program, by consulting with existing employees and major stakeholders, to see if it has met its outcomes and to help with planning for the next five years. • Providing traineeships to youths and indigenous employees to increase the participation of these groups in the workforce. • Continuing to include equity performance indicators in the performance agreements of the Director General, executive directors and directors.
PAGE 22 DELIVERING ON OUR PROMISES MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
DISABILITY SERVICES PLAN
In 2000/2001, the Ministry developed and endorsed a disability services policy and guidelines, reinforcing its commitment to its diverse customer base.
Access to Ministry services by people with disabilities was also improved: • The Rockingham, Busselton and Fremantle Justice Complexes greatly improved access for people with disabilities by providing wheelchair access to designated courtrooms for the public, counsel, accused, witnesses and jurors. All new court complexes in the State also incorporated public counter access at seated height, dedicated parking and disabled toilets, clear and precise signage and high quality acoustic performance within courtrooms. • In conjunction with the Disability Services Commission, Court Services prepared a booklet titled People With an Intellectual Disability – Issues for Consideration of the Courts. The booklet, launched in June 2001, contains guidelines for judicial officers when conducting proceedings involving people with intellectual disabilities. • A disability support officer position, within the disability services unit, was piloted to provide services to offenders with disabilities in prisons and the community. The unit, managed by Prison Services, continued to be the main contact point for offenders with disabilities and the staff that manage them. • Prison-based programs to help prisoners with disabilities continued during the year, including: – The legal and social awareness program for prisoners with intellectual disabilities who are assessed as unsuitable for treatment programs; – An adapted sex-offender treatment program for offenders with intellectual disabilities and cognitive impairment; and – A lifeskills program for women that targets social and adaptive skills to better prepare women with ‘special needs’ for transition to rehabilitation programs and the community. • Community-based adapted sex offender treatment and post-release support programs assist ‘special-needs’ offenders in the community as well as those in transition from prison. • During 2000/2001, the Public Trustee conducted 462 home visits to draft wills for elderly and disabled clients. • The Office of the Public Advocate continued to protect and promote the rights, dignity and autonomy of adults with decision-making disabilities.
PAGE 23 DELIVERING ON OUR PROMISES MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
LANGUAGE AND CULTURAL DIVERSITY
To improve customer service and implement the Government’s language service strategy, the Ministry has implemented several significant language initiatives during 2000/2001: • In delivering its services, the Ministry made significant use of the Translating and Interpreting Service [TIS]. During 2000/2001, a total of 1,056 interpreting services were provided, primarily in the Court Services and Offender Management business areas. Some 25 languages were requested. • Court Services circulated the WA Government’s Language Services Policy and associated publications (launched in July 2000) to all courts within its jurisdictions, and the policy now forms part of service delivery standard for courts. • Court Services began implementing a strategy to ensure compliance with a Law Reform Commission recommendation relating to the use of plain language in all forms of publications. • The Public Trustee, in accordance with the service delivery arrangement to the Indian Ocean territories with the Commonwealth, has translated an information brochure Who We Are, What We Do into Cocos/Malay language. • The Registry of Births, Deaths and Marriages has birth registration forms with ‘help information’ in eight languages. Information for people planning to marry is also available in brochures published in 13 different languages. • The Ministry continued to support the training of interpreters in Aboriginal languages during 2000/2001. Initiatives included: – Working with the Aboriginal Affairs Department to establish a telephone advisory service to help users access information about Aboriginal languages; – Conducting Aboriginal languages interpreter courses at Kalgoorlie and Warburton covering Ngaanyatjarra, Wangkatha and Pitjanytatjarra languages; and – Training 33 Aboriginal people as interpreters. These people represented nine language groups covering regions from Kununurra to Kalgoorlie. The courses produced NAATI- accredited interpreters in the Kriol, Nyangumart, Jaru, Yindjibarndi, Kukatja, Martu Wangka, Walmajarri, Wangkatha, Kija and Ngaanyatjarra languages. • Offender Management continued to manage the Aboriginal family supervision program, designed to help young Aboriginal offenders complete their community-based orders with the support of their families. • An Aboriginal Juvenile Justice Team coordinator was appointed to work with young Aboriginal offenders.
PAGE 24 DELIVERING ON OUR PROMISES MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
FAMILY AND DOMESTIC VIOLENCE ACTION PLAN OUTCOMES
During 2000/2001, the Ministry continued to implement programs as part of its commitment to the domestic violence action plan, including: • Continuing perpetrator programs in the metropolitan area and five regional centres, and extending the program to the Pilbara. • Piloting a program at Bandyup Women’s Prison for victims of domestic violence. • Working with the domestic violence prevention unit and the action plan implementation committee to develop the action plan’s next phase. • Supporting a cross-party ministerial implementation committee that oversaw implementation of the recommendations arising from the review of the Restraining Orders Act, 1997. • Incorporating family violence and relationship violence components into the juvenile justice lifeskills program delivered in detention centres. • Making staff training about issues related to domestic violence compulsory for all staff involved in the case-management of clients. • Operating the Family Violence Court at Joondalup.
STATE GOVERNMENT PLAN FOR YOUNG PEOPLE OUTCOMES
During 2000/2001 the Ministry of Justice worked on its commitments to the 2000-2003 State Government plan for young people.
During the year: • Planning started for a pilot program to expand the range of offences dealt with by the Juvenile Justice Teams. • An Aboriginal Juvenile Justice Team coordinator was appointed to raise the rates of diversion of young Aboriginal offenders. • The Ministry coordinated a project aimed at reducing indigenous over-representation in the criminal justice system.
WASTE PAPER RECYCLING
The Ministry engaged Western Recycling Pty Ltd in November 1999 to collect and destroy confidential and other documents from its offices in the Perth metropolitan area.
Some 28 of the Ministry’s business areas used this service, with about 50 240-litre bins used per month.
Estimated expenditure was approx $15,000 per annum.
PAGE 25 PUBLIC SECTOR STANDARDS AND
ETHICAL CODES MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PUBLIC SECTOR STANDARDS AND ETHICAL CODES
The Ministry has policies and guidelines reflecting the compliance requirements for all the standards, except for discipline, which remains under development.
Policies, supporting guidelines, the code of ethics and the standards are available to staff through the Ministry’s Intranet.
Executive directors are responsible for compliance with the standards and ethical codes. This responsibility has been formalised in duty statements and performance agreements.
A number of initiatives were implemented during the financial year to improve standards compliance. These include: • A selection process for promotional prison officer positions, which has significantly lowered the number of claims and breaches. • A new web-enabled grievance case management and tracking system, introduced in December 2000, which resulted in improved monitoring and reporting of complaints and their outcomes. • A two-day selection-training program, attended by 34 staff members. A modified half-day course was developed as a refresher for staff already experienced in selection.
The applications for breach of standards review and the corresponding outcomes for the reporting period were:
1999/2000 2000/2001 Number lodged 36 13 Breaches found 19 7 Non-material breaches 1 10 0 Material breaches 2 97 Applications under review 3 0
1 A breach that is unlikely to have affected the process outcome.
2 A breach that has probably affected the process outcome.
Actions where a material breach occurred Case 1 Recommended applicant appointed. Case 2 Job re-advertised. Case 3 3 Recommended applicant appointed.
3 Five of the seven breaches concerned the same advertised job.
PAGE 26 PUBLIC SECTOR STANDARDS AND
ETHICAL CODES MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PUBLIC SECTOR STANDARDS AND ETHICAL CODES continued
The findings for Section 24 reviews for the reporting period are:
Findings Commissioner’s Opinion Action taken 1 Did not comply with S 8(1)(a) of the Public Sector Process finalised before the Management Act and the Recruitment, Selection and commissioner’s report was Appointment Standard. received. 2 Did not comply with Sections 8(1)(c) and 9(c) of the Process finalised before the Public Sector Management Act. commissioner’s report was received. 3 Did not comply with S 8(1)(b) of the Public Sector Appointment proceeded. Management Act and the Recruitment, Selection and Appointment Standard. 4 Did not comply with S 9(a)(i) of the Public Sector Prison Officer Promotion Management Act and the Recruitment, Selection System reviewed. and Appointment Standard.
There were no findings for ethical codes for the reporting period.
Alan Piper Director General 31 August 2001
INFORMATION STATEMENT The Ministry’s information statement is published in the 2001 Ministry of Justice Handbook. The handbook is published annually and is also available online at www.justice.wa.gov.au.
FREEDOM OF INFORMATION A total of 227 Freedom of Information applications was received during the year, with 223 applications finalised. Of the 11 internal reviews completed, 10 decisions were upheld and one decision was reversed.
Three new external reviews were lodged with the Information Commissioner. Five external reviews were decided during the period, four were withdrawn following conciliation, and one decision was upheld.
PAGE 27 PUBLIC SECTOR STANDARDS AND
ETHICAL CODES MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PUBLIC SECTOR STANDARDS AND ETHICAL CODES continued
The Information Commissioner made an application to the Supreme Court on a point of law to determine FOI access to documentation contained in copies of Parole Board files held by the Ministry. The decision confirmed that documents held on these files are “documents of an agency” and therefore subject to FOI applications made to the Ministry. Personal information requests 203 Non-personal information requests 19 Amendment of personal information 0 Applications transferred in full 5 Total applications received 227 Applications completed (including 15 withdrawn) 223 Internal reviews completed 11 External reviews completed 5 Applications outstanding 18
PAGE 28 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES
Number of full-time employees 1000 THE SERVICE Court services provides administrative services and support for the management of courts and 800 tribunals. It also provides court accommodation, technical facilities, non-judicial staff support, registry, security and other administrative support services. 600
400 MAJOR ACHIEVEMENTS
200 New management A complete restructure of the Court Services division started in 2000/2001, with the key 859.1 783.7 0 components put in place during the year. 1999/2000 2000/2001 The purpose of the restructure, being implemented under the division’s new Executive Director, Gary Thompson, is to modernise the operation of the courts and their administrative support Operating costs systems, focus on customer service, improve financial processes and strive for greater effectiveness 150000 and efficiency of service. at a glance 120000 The division has been reorganised into four branches: • Higher courts 90000
$ millions • Lower courts 60000 • Court support • Court improvement 30000 Due to the complexity of staffing issues and the importance of the change program, the restructure 144,766 138,721 0 will extend into the 2001/2002 year. 1999/2000 2000/2001 New facilities
Operating costs as a proportion of The commissioning of new justice facilities in the integrated complexes at Fremantle, Rockingham total Ministry operating costs and Busselton, at a cost of approximately $29 million, represented a major advance at both the Court Services operating costs strategic and day-to-day operational levels. 29.69% Strategically, the new centres meet an important social need by significantly expanding capacity to bring justice services closer to the community and increasing the integration of support services. By making decentralised sittings possible for higher courts, the new complexes ease the burden on facilities in central Perth.
Operationally, their state-of-the art facilities greatly improve access, delivery, security and efficiency Ministry’s total operating costs $487,611,000 of justice services.
They are an important element in the strategy of improving justice outcomes through a holistic approach that draws together the various agencies involved in the justice process – lifting both effectiveness and efficiency.
The modern design increases convenience and comfort for many users – particularly victims, vulnerable witnesses, children, people with disabilities, legal counsel, prosecutors, prisoners and support services.
Each complex features a criminal courtroom with jury facilities, accommodation for judicial officers, modern registry areas and offices for Community-Based Services operations and other services. They also provide video-conferencing facilities, an innovation of increasing relevance to a range of stakeholders.
The Fremantle complex won an award, announced in June 2001 by the WA Chapter of the Royal Australian Institute of Architects, for architectural achievement in the commercial category and best PAGE 30 overall. The complex was commended for its futuristic appeal. REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES continued
Drug Courts The development of a broader strategy to address the growing influence of substance use on crime was advanced with the launch of a pilot program of dedicated drug courts.
The two-year pilot program began operating in the Perth Children’s Court and the Perth Court of Petty Sessions in December 2000. In the Court of Petty Sessions, where the bulk of the case load is expected, the drug court consists of a specialist magistrate, a dedicated Legal Aid lawyer and police prosecutor. It is supported by the Court Assessment and Treatment Service, made up of community corrections officers, a welfare officer, clinical nurse and psychological services.
In the Children’s Court, the drug court is presided over by the court president, with a specialist juvenile justice officer to provide counselling and support. Both courts have strong links with the various Government and non-government treatment and welfare agencies in the Perth metropolitan area.
Based on a therapeutic jurisprudence model, drug courts target offenders whose crimes are linked to substance use. If offenders plead guilty and acknowledge their use of drugs, they can be diverted to specialist treatment tailored to their individual situation.
The underlying strategy is to break the self-perpetuating cycle in which the need for money to feed drug dependence leads to crime – making crime the means to continue buying drugs.
Family Violence Court The ongoing responsibility for managing the Family Violence Court was transferred to Court Services in December 2000, after being successfully piloted by the Ministry’s Policy and Legislation division. The court has a dedicated magistrate, prosecutor and clerk and is supported by an inter- agency team.
During the year, the court allowed a coordinated approach to be taken by a team of people from a number of agencies to keep track of family violence matters.
A highlight of the year was the signing, in January 2001, of a memorandum of understanding between the Ministry, WA Police Service, Family and Children’s Services and the Pat Giles Refuge. The memorandum encourages a holistic approach to case-management of family violence issues, with the agencies involved agreeing to participation in court and information-sharing.
The Family Violence Court pilot will be evaluated fully in October 2001.
PAGE 31 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES continued
District Court Measures to improve access to, and address the backlog of, cases in the District Court this year have included: • relocating sittings to the new Fremantle and Rockingham justice complexes and to Meekatharra; • the appointment in September 2000 of a judge to handle civil cases; and • the appointment of a new judge in December 2000 to handle civil and criminal matters.
With the appointment of additional commissioners and scheduling sittings during the court vacation period, there was also a significant increase in the number of trial sitting days.
By 30 June 2001, the backlog had been reduced to 448 cases, compared with 539 the previous year and the number of criminal cases on hand had been reduced from 1668 to 1604. Significantly, the average listing delay from lodgement to trial, in Perth, is now within the 52-week District Court of Western Australia standard.
Video conferencing The video conferencing network was significantly expanded with the facilities incorporated into the three new justice complexes.
The video-links have many benefits, including enabling victims and vulnerable witnesses to testify from outside courtrooms, allowing witnesses to give evidence without the time and cost of travelling to the court, and reducing prisoner transport.
A further benefit was demonstrated in June 2001 when 50 Ministry staff used the video link facilities at the Fremantle Justice Complex to participate in a national court administrators’ conference conducted from Adelaide. Costs would have prevented any Ministry officers travelling to the conference.
EFTPOS Fines payment The Fines Enforcement Registry installed a system capable of supporting 14 Electronic Funds Transfer at Point of Sale (EFTPOS) terminals to improve customer service, producing a range of benefits including increased internal productivity with automation of manual procedures. The ability to pay fines by telephone has accelerated recovery levels.
Victim support Volunteer victim support programs were established in the Peel region and at South Hedland and a volunteer was assigned to assist the Joondalup Domestic Violence Court pilot project. These initiatives provided better access to support and services by victims of lower-threshold crimes, particularly those involving domestic violence.
An extensive directory of services for victims of crime was launched in May 2001.
Indigenous support services Each of the 13 regional Victim Support Services identified strategies to better target indigenous victims of crimes. The strategies, which will be further developed in consultation with indigenous agencies in 2001/2002, will vary according to the needs of the different regional communities.
PAGE 32 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES continued
Family Court Significant progress was made in 2000/2001 on an initiative to improve management and coordination of cases involving child abuse and domestic violence.
Underpinned by a multi-discipline team approach to case management, it aims to enable earlier and more effective intervention, streamline court procedures and provide better custody and access outcomes for children.
Advances in information technology were also important to the operations of the court, with full establishment of electronic access to court lists and documentation and improved communication with external agencies and customers.
CBD courts Feasibility study reports for the central business district courts (CBD) project – in which new accommodation is proposed for the District Court and the criminal jurisdiction of the Supreme Court – were completed during the year and cost estimates for the project were developed for inclusion in the capital investment plan.
Implementation of the CBD building project will overcome bottlenecks in the District and Magistrates’ courts (currently housed at the Central Law Courts) and allow security and offender transport benefits for all superior court criminal hearings. The project will also involve refurbishment of the Supreme Court and Central Law Courts buildings.
Information Technology Information technology in courts was further enhanced in the past year, with the development of the Integrated Courts Management System (ICMS).
The ICMS has evolved from the current Generic Information System (GENISYS), developed two years ago to improve the efficiency of courts’ case management.
The new system replaces 14 different case management systems across the State’s courts and addresses requirements identified when developing GENISYS Version 2 and the Fines 2000 fines recovery program.
Interactive capability with other justice agencies and the public will allow electronic filing in the courts and greater access to the justice system. The e-business capacity will increase productivity and convenience benefits by enabling people dealing with the courts to do so without being restricted by office hours.
The introduction of ICMS is part of an overall plan to integrate Government policy, crime prevention strategies and information systems, enhance efficiency within and between justice-related agencies and improve customer service through Internet access.
Development and implementation of ICMS is taking place in three stages, the first of which is a pilot program to be introduced in the Supreme and District Courts early in 2001/2002.
PAGE 33 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CROWN SOLICITOR
Number of full-time employees 200 THE SERVICE The Crown Solicitor’s Office provides a broad-based legal service to the Government, its
150 departments, instrumentalities and agencies. These services include: • Legal advice
100 • Representation as counsel in courts and tribunals • Preparation of legal documents
50 • Conduct of litigation 167.0 153.0 0 MAJOR ACHIEVEMENTS 1999/2000 2000/2001 In 2000/2001, the Crown Solicitor’s Office continued to provide cost-effective and timely services, consistent with the need to maintain legal excellence and integrity in the Government’s legal dealings.
Operating costs The Crown Solicitor’s Office handles the State’s native title claim litigation in the Federal Court and 20000 the National Native Title Tribunal. The work involved significant preparation for the hearing of at a glance claims held in the Federal Court, as well as conducting negotiations with claimant groups’ 15000 representatives.
$ million 10000 Since the change of Government in February 2001, there has been a renewed emphasis upon the mediation of native title claims, as opposed to their litigation, with the assistance of the National Native Title Tribunal. In the last six months, the Crown Solicitor’s Office has been involved in many 5000 claim negotiations with claimant groups’ representatives, some of which have resulted in consent 19,798 19,042 determinations of native title being made by the Federal Court. 0 1999/2000 2000/2001 During the year, the Crown Solicitor’s Office conducted its fifth annual client survey. The results, which are reflected in the Performance Indicators, show there is a sustained high level of client satisfaction with the work of the office and a commitment to client satisfaction.
Operating costs as a proportion of total Ministry operating costs Crown Solicitor’s operating costs 4.06%
Ministry’s total operating costs $487,611,000
PAGE 34 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PARLIAMENTARY COUNSEL
Number of full-time employees 30 THE SERVICE
25 Services provided by the Parliamentary Counsel’s office include: • Drafting Bills for Ministers 20 • Drafting subsidiary legislation for Ministers and Government agencies 15 • Compiling and consolidating texts of Acts and subsidiary legislation
10 • Maintaining and arranging publication of the annual index to the legislation of Western Australia 5 • Maintaining the SWANS database of Western Australian statutes and regulations 29.5 0 26.0 1999/2000 2000/2001 MAJOR ACHIEVEMENTS
New legislation Operating costs 4000 The 2000/2001 year saw the passage through Parliament of a number of significant pieces of
3500 legislation, some of which represented years of complex drafting work by the Parliamentary at a glance
3000 Counsel’s Office.
2500 Notable Acts passed in relation to social and justice issues included: $ million 2000 • Prostitution Act 1500 • Protective Custody Act 1000 • Criminal Property Confiscation Act 500 • Sentencing Amendment Act 3,735 3,884 0 • Criminal Code Amendment (Home Invasion) Act 1999/2000 2000/2001 • Gender Reassignment Act
In governmental, financial and asset sale matters, important measures enacted included: Operating costs as a proportion of total Ministry operating costs • Governmental Financial Responsibility Act Parliamentary Counsel operating costs • First Home Owners Grant Act 0.77% • Rights in Water and Irrigation Amendment Act • Forest Products Act and Conservation and Land Management Amendment Act • Rail Freight System Act • State Records Act
Ministry’s total operating costs $487,611,000 USE OF RESOURCES A system has been developed to assess the amount of work involved in producing the main Relative use of resources categories of documents drafted in the Parliamentary Counsel’s Office. Reprints 15% Bills 53% The system, which has been in use since 1 January 2001, takes into account the volumes of those outputs and their relative complexities. As shown in the accompanying chart, the system is also able to break down the amount of work involved in producing the assessed outputs.
Subsidiary Legislation 32%
PAGE 35 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OFFENDER MANAGEMENT AND PRISON SERVICES
Number of full-time employees The Ministry is responsible for managing offenders from the time they are charged or sentenced in 3500 court until the completion of their sentences – in many cases only a short period of which is spent 3000 in prison. 2500 Of the total number of offenders in the justice system, some two-thirds are serving their sentences 2000 in the community – the rest are detained in juvenile detention centres or prisons. 1500 In 2000/2001, a number of long-planned initiatives came to fruition for both the Offender 1000 Management and Prison Services directorates.
500 3067.3 2585.0 0 MANAGING OFFENDERS IN THE COMMUNITY 1999/2000 2000/2001 Several initiatives were progressed in the financial year to enhance the management of both adult and juvenile offenders in the community. Highlights include:
Operating costs 300000 Victim Notification Register
at a glance 250000 A project to set up a victim notification register was initiated during the year. The register will become a central contact point for victims of crime to receive information about the progress of an 200000 offender through the justice system.
$ million 150000 The register was almost complete at the end of the financial year, with implementation planned for
100000 2001/2002.
50000 Information that will be available to victims includes: 282,879 255,642 • Details and explanation of an offender’s sentence 0
1999/2000 2000/2001 • Result of any appeal • Impending release of an offender • Completion of a community-based order Operating costs as a proportion of total Ministry operating costs • Return of an offender to custody because of cancellation of parole, work release or home Offender Management and detention Prison Services operating costs 58.01% • Deportation of an offender while in custody or under supervision • Escape and recapture.
Victims listed on the register will be given an opportunity to put their views to authorities about the potential release of an offender.
A victim’s access to information will cease when an offender’s sentence or order is discharged or Ministry’s total operating when the offender ceases to be supervised by the Ministry. costs $487,611,000
PAGE 36 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OFFENDER MANAGEMENT AND PRISON SERVICES continued
Human Resources structure review A review of the human resources structure in Community-Based Services was carried out as a result of a significant increase in higher risk offenders under management and a rapid growth in the number of adult offenders under supervision.
The first phase of the restructure was designed to reflect growing demand for Community-Based Services.
Adult diversion In partnership with Murdoch and Edith Cowan universities, the Ministry received a grant from the Australian Research Council for a program to research the effectiveness of a model for adult diversion using restorative justice principles.
The model will operate in the Court of Petty Sessions at the Central Law Courts until late 2002, when results will be evaluated.
Information systems During the year, Community-Based Services started a major project to develop a new information system. The system aims to provide information that improves planning capability and creates better data linkages to other areas of the justice system, as well as meeting normal database requirements.
Risk assessment The risk assessment model for community-based adult offenders, that identifies people most at risk of reoffending, is being expanded to indicate what type of offences are most likely to be committed.
Aboriginal Cyclic Offending Program The Aboriginal Cyclic Offending Program, which seeks to reduce reoffending by young adults and juveniles, was extended to the Midland area. An agreement was signed between Aboriginal organisations and Government agencies aimed at developing crime-prevention programs.
Juveniles During the year, a pilot program was planned to increase the capacity of the Juvenile Justice Teams to deal with a wider range of offences and offenders. Additionally, legislative amendments which flow from an evaluation of the Young Offenders Act were prepared to go before Parliament.
As part of its strategy to reduce Aboriginal over-representation in the justice system, the Ministry funded the appointment of an Aboriginal officer to the Killara Youth Support Service. This extended-hours service works with juveniles who come into contact with the police for the first time or who are identified as at risk because of their behaviour.
The Ministry also participated in a Commonwealth-funded project to provide mentors to help young offenders with the transition from custody back into the community and workplace. The scheme operates in Perth and Kalgoorlie.
PAGE 37 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OFFENDER MANAGEMENT AND PRISON SERVICES continued
Focus on indigenous offenders Increased attention was paid to young Aboriginal offenders because of their disproportionate presence in the criminal justice system.
This included additional funding for recruitment to expand the metropolitan program of Aboriginal mentors, appointment of a permanent Aboriginal Juvenile Justice Team coordinator to raise the rates of diversion of young Aboriginal offenders and extension of the Aboriginal family supervision program.
The mentors program is particularly important because, historically, Aboriginal offenders have a lower completion rate of community supervision orders than other offenders. This is partly because cultural differences have not been given enough consideration – something the mentor’s program addresses.
The Aboriginal Cyclic Offending Program, a collaborative approach to addressing the causes of Aboriginal over-representation, was further consolidated at Geraldton and Midland. This key project brings together Aboriginal community groups and relevant public sector agencies.
MANAGING OFFENDERS IN CUSTODY (JUVENILES) The Ministry’s Juvenile Custodial Services directorate manages young people between 10 and 17 years in custody on arrest and remand or sentenced to detention. It is also responsible for young people in the community on the supervised bail program.
The daily average population of juveniles in custody during 2000/2001 was 120. There were 1776 admissions to Rangeview Remand Centre – 266 less than the previous year. The daily average remand population at Rangeview was 44 and the average length of stay was 9.6 days.
The supervised bail program, which operates in the metropolitan area and this year expanded to the Kimberley, had 208 participants, who averaged 11.3 days on the program, representing a saving of 2,346 custodial days in total.
Banksia Hill Detention Centre received 245 sentenced juveniles, 30 fewer than in 1999/2000. The daily average population was 76 and the average length of the custodial portion of the sentence was 15.14 weeks.
Of the daily average population of juveniles in detention, 6.3% were young females. Aboriginal juveniles made up 63.5% of the sentenced population.
Kimberley Supervised Bail Program A new concept in the treatment of young indigenous people from remote areas was developed during the year, in response to community concerns about the cost and social effects of transporting young people to be remanded in Perth.
The Banana Well juvenile bail facility was piloted in the West Kimberley to accommodate juveniles who were eligible for bail, but did not have a responsible adult to fulfil the bail conditions.
Operated on behalf of the Ministry by the local Burrguk Aboriginal community, on a fee-for-service basis, Banana Well provides care, accommodation and supervision. It achieves two major improvements for juveniles: • It saves the high cost of transport and escort to and from the Rangeview Remand Centre in Perth • Juveniles are not removed from their culturally familiar surroundings and supports – an important consideration for young people from remote areas
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Banana Well is 100km north of Broome and can accommodate six juveniles at a time. Since the opening, there have been 15 placements with an average stay of 20 days.
The facility is owned by the local community and was built with the assistance of local businesses and individuals. The transportable accommodation unit was donated by Argyle Diamonds and transported free of charge, along with other construction materials. Family and Children’s Services supplied bed linen and the on-site work was done by prisoners as part of their community work. The Ministry paid for the concrete pad, electricity connection and consumables.
Development of a second facility at Bell Springs, near Kununurra in the East Kimberley, was almost completed at the end of 2000/2001.
Deferred bench warrant program The deferred bench warrant program, which aims to minimise the arrest and detention of juveniles for whom a bench warrant is issued because of non-attendance at court, started as a pilot program in January 2000.
Initially it operated only from Perth Children’s Court but was soon expanded to other metropolitan courts.
Detention following the issue of a bench warrant can have negative effects on a juvenile and is costly in terms of police and Ministry resources.
The deferral program allows a court to delay issuing a bench warrant for seven days while requiring either juvenile justice officers or Rangeview Remand Centre staff to contact and advise the juvenile within that period. This gives officers the chance to advise the juvenile of the new date, while making clear the importance of attending court and the consequences of failing to do so.
MANAGING OFFENDERS IN CUSTODY (ADULTS)
CUSTODY AND CONTAINMENT Prisoner profile The growth rate of the daily average population of prisoners slowed markedly in 2000/2001 after rising steeply for the preceding two years.
The daily average population for the year was 3117, compared with 2968 in 1999/2000, representing an increase of 5%
A number of trends have been observed in the analysis of daily average population figures in the State’s prisons. These include: • In five years (1995/1996 to 2000/2001) the total yearly number of offenders received by prisons increased 39.5% from 4684 to 6534. • The proportion of Aboriginal prisoners in the prison population is currently 32.6%. This proportion has remained constant for the past five years. • The number of women in the total prison population has more than doubled in the past five years, from 111 in 1995/1996 to 237 in 2000/2001. This equated to 5% of the daily average population in 1995/1996 and 7.6% in 2000/2001.
Projections of prisoner numbers indicate that the growth in prison population is returning to a predicted long-term growth rate of around 5%, after two years of rapid increase.
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Escapes from custody The number of escapes increased in all categories during 2000/2001. As a proportion of the number of prisoners in custody, the increase represented 0.09%.
There were 64 escapes from minimum security (59 in 1999/2000), eight from medium security (3) and three from maximum security (1), with a total of 75, compared with 63 the previous year. In 2000/2001, the daily average prison population rose from 2968 to 3117.
Deaths in custody Deaths in custody continued to be a serious concern with nine deaths in custody during 2000/2001.
In addition to initiatives to prevent suicides and enhanced measures to improve the identification of at-risk prisoners, the Ministry continued to develop procedures to improve health assessments and provide closer observation of prisoners known to have significant health problems.
In recent years, the Ministry has implemented a range of initiatives aimed at preventing suicide, including the at-risk management system, the employment of prisoner support officers, the introduction of crisis care units and the expansion of the forensic case management teams. A wider range of health professionals, such as mental health nurses and occupational therapists, has also been introduced.
Counter-suicide strategies and initiatives continue to be developed through consultation with key stakeholders, community representatives and prisoners at risk.
Initiatives for 2000/2001 included: • Improved prisoner access to Forensic Case Management teams on weekends • Completion of a crisis care centre at Hakea and the building of a centre at Bandyup • Ongoing prisoner training programs, including prisoners on peer support teams • Introduction of an applied suicide intervention skills course to better equip prison officers to assess and respond to prisoners at risk
A coronial inquest is conducted for every death in prison custody but no inquest in relation to any of the 2000/2001 deaths had commenced by the end of the financial year.
Seven inquests were held in 2000/2001 relating to deaths in previous years. Of these, four deaths were deemed as suicide and the other three were due to natural causes.
The police and Ministry internal investigators also investigate all such deaths.
The State Ombudsman released the Report on an Inquiry into Deaths in Prisons in Western Australia during 2000/2001. At the time of the release of the report, the Ministry had implemented 16 recommendations and was progressing a further 29 recommendations.
CARE AND WELLBEING
Health Services During 2000, the option of privatising Prison Health Services was explored and two tenderers underwent an extensive evaluation process. Neither respondent satisfied the tender conditions and the decision was made to retain and upgrade the service in-house.
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Suicide Prevention Taskforce The Ministry formed a Suicide Prevention Taskforce to re-evaluate the procedures in the prison system for managing disturbed, suicidal and self-harming prisoners.
The taskforce largely completed its work during the year and will report in late 2001.
Health in prisons program In conjunction with the Medical Council of WA and the Health Department, Prison Health Services developed a program called ‘Health in Prisons’. It included lectures on prison-related health matters to interested general practitioners in the metropolitan area.
The program was more successful than anticipated, with 96 doctors registering. For three months, lectures were presented and some 50 doctors attended each of the four evening sessions. As a result of requests, the program will be extended to rural areas and repeated in the metropolitan area.
The program aims to increase awareness of prison health in the medical community and help discharged prisoners access appropriate medical care.
Building program Prison Health Services facilities were improved at Hakea Prison with the completion of a new health centre and crisis care centre to service the expanded prison.
A significant upgrade and expansion to the existing health centre at Bandyup Prison was started with a crisis care centre also under construction. A program to upgrade health facilities at some of the smaller prisons started in mid-2000.
Pardelup Prison was noteworthy in this program because the prisoners built their own medical centre in six months for about one-third of the normal building costs. About 35 prisoners earned trade certificates from the project.
Prison Health Services engaged a firm of architects and data consultants to develop a strategic plan to 2016 defining the requirements for floor space, staffing and facilities. The plan will enable health services to respond quickly and accurately to changes in prisoner numbers and prison function.
Drugs in prisons Although detection and deterrence remain a cornerstone of the management of drugs in prisons, with continued searches at all facilities, strategies to reduce demand for drugs are being added as a more balanced and integrated approach is developed.
Prison Health Services has designed and implemented an intensive cognitive skill-based counselling program to support a Naltrexone field trial.
The program is the first prison-based program in Australia to combine psychological and pharmacological treatment. An independent assessment carried out in January 2001 delivered positive findings and, after a review from both clinical and program perspectives, the cognitive behavioural component of the program was awarded national accreditation by the Training and Accreditation Council of Western Australia.
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REPARATION, REHABILITATION AND REINTEGRATION
Prison industries Prison industries continued to provide on-the-job training and work experience for prisoners while offering savings to the Ministry in the form of low-cost supplies.
New contracts with external businesses were developed through 2000/2001, with emphasis on repaying the community, building partnerships with local business and helping business to compete with imports. Reinvestment of retained savings from external contracts has provided strong growth that is expected to accelerate during the next three years.
As prisoners move to Acacia Prison in large numbers in the first half of 2001/2002, the proportion of prisoners employed in the prison industries will increase.
Work camps The successful work camps program continued its expansion, with workcamps at Millstream National Park in the Pilbara and Kellerberrin officially opened in 2000/2001 and a sixth camp established at Bungarun, near Derby.
To further help the rehabilitation of Aboriginal prisoners by developing self-esteem and pride in their cultural heritage, a program involving Aboriginal elders was developed for the Millstream work camp. Elders from traditional lands visit the camp to tell traditional stories and take prisoners to sites of cultural importance.
All staff and prisoners in the work camps program undertake nationally accredited training in first aid, occupational health and safety, and small machinery operation.
The camps carry out projects of benefit to the local community.
In regions where setting up work camps is impracticable, the Ministry continued to expand its use of day-release programs using minimum-security prisoners to undertake community projects.
Offender programs The Offender Programs branch was established in January 2001 to bring several groups of offender programs into a single administrative structure. These include substance use, sex and violent offending and disability programs. Offender Programs has two major roles – providing programs for convicted offenders and providing expert advice to sentencing and releasing authorities and to the Ministry on the management of offenders.
Program delivery to offenders has been streamlined as a result of the new branch. In addition, program delivery is now closely tied to the individual management plans developed for offenders at the new Hakea assessment centre. This has enabled more effective targetting of offender program needs. Programs are now also scheduled earlier in sentence.
Several new programs were introduced during the year. A 50-hour managing anger and substance use and indigenous men managing anger and substance use programs were delivered in a number of metropolitan and regional prisons on a pilot basis. A new 66-hour legal and social awareness program for offenders with an intellectual disability was introduced at two prisons. In addition, the violent offender treatment program was expanded to include delivery at Albany Prison.
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OFFENDER MANAGEMENT AND PRISON SERVICES continued
Education programs In September 2000, the Ministry’s Education and Vocational Training Unit became a registered training organisation, enabling quality accredited education and vocational training to be delivered. Adult and juvenile offenders can now gain qualifications recognised by TAFE and industry.
The unit also established a database to make educational records available for offender case management reporting, statistical performance management and to assist with training pathways as offenders move from prison to prison and from custody to release.
Based on the success of the 2000/2001 allocation of 150 traineeships from the Department of Training and Employment to the Ministry of Justice, a further 150 traineeships have been granted for 2001/2002.
With Commonwealth assistance, adult education services employed five part-time Aboriginal tutors to help with program delivery and encourage indigenous offenders to enrol in education and training programs.
Even with the high prisoner populations in prisons, the participation rate in education and vocational training has continued to increase, reaching 52%, or some 1500 prisoners, enrolled at any one time. Approximately 900,000 student contact hours were delivered in prisons this year.
REFORMS TO THE PRISON SYSTEM Prison Services change management program A change management steering committee oversees strategic change and continuous improvement projects to enhance the performance of Ministry-managed prisons.
The projects are designed primarily to improve prisoner management and administration. Major initiatives during the year included: • Development of contemporary prisoner assessment processes • Upgrading of Bandyup Women’s Prison • Development of the integrated prison regime • Adoption of a cognitive skills program • Improvements to health services • Improvement of prison industries • A supply chain management initiative within the framework of the Government electronic marketplace
Integrated prison regime The integrated prison regime project is a major vehicle for improving public prison services. It seeks to integrate and maximise the impact of all relevant services and interventions for prisoners in a way that increases efficiency and effectiveness and leads to a reduction in recidivism.
Five prisons were selected as pilot sites for the integrated prison regime initiatives – Albany, Bandyup, Bunbury, Casuarina and Greenough. It is expected to take three to five years to complete the project, which was launched in 1999.
The 2000/2001 progress with major elements of the project included: • Revitalisation of unit management in public prisons. Concept development was completed and the work is being operationalised.
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• Development and introduction of a case management model for prisoners. Trials of a model commenced at three prisons in tandem with the pilot of the new prisoner assessment procedure, which started at Hakea Prison during November 2000. • Introduction of cognitive skills training for prisoners complemented by interpersonal skills training for prison officers. Some 22 prison officers were trained to deliver an internationally recognised cognitive skills program to prisoners and programs were started at the five pilot sites. More than 500 prison officers also undertook the first three modules of the interpersonal skills training program.
Prisoner assessment project The prisoner assessment project, which provides an integrated and comprehensive assessment process for newly sentenced prisoners, was implemented during 2000/2001. Individual management plans for these prisoners will identify issues that contribute to a prisoner’s offending behaviour and determine appropriate management and intervention strategies.
The project is also responsible for formulating individual management plans for prisoners identified for placement at Acacia Prison.
A core component of the assessment is use of an objective scoring instrument to determine a prisoner’s security rating as well as risk and need assessments for program and education requirements.
In November 2000, assessments began at Hakea Prison. Four teams work on the new assessment process at Hakea and Casuarina Prisons. One team conducts assessments on newly sentenced prisoners and the other three teams formulate individual management plans for prisoners identified for transfer to Acacia Prison.
At 30 June 2001, individual management plans had been developed for 344 prisoners, 229 of whom were approved for placement at Acacia.
Prisoner grievances The Ministry developed and adopted a new process for addressing prisoner complaints, based on resolving formal complaints at the lowest level and as quickly as possible.
The process begins by making complaints with prison unit managers and, if resolution is not achieved at that level, moves progressively upwards to the prison superintendent, grievance officer and finally a grievance resolution panel composed of two Ministry directors and an independent community representative.
The new procedure was adopted as an operational measure in May 2001 after being piloted at Bunbury Regional Prison and Wooroloo Prison Farm. By year’s end, it was in use at all prisons except Hakea, Casuarina and Bandyup.
Offender records Changes were made in the system of keeping offender records, including upgrading of imaging capacity to permit increased use of electronic records.
Work started on an electronic database for managing both adult and juvenile community-based files and adult custodial files stored offsite, and was largely completed by the end of the year.
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OFFENDER MANAGEMENT AND PRISON SERVICES continued
Parole release The assessment process for prisoners serving life or indeterminate sentences was significantly streamlined in the second half of the year. As a result, a number of prisoners whose cases had previously stalled were progressed towards release and an interim tracking system was developed to report on the progress of all life and indeterminate sentenced prisoners.
UPGRADING THE INFRASTRUCTURE Acacia Prison The 750-bed medium-security Acacia Prison, built at a cost of $79.8 million, was completed and received its first prisoners shortly before the end of the 2000/2001 year.
Acacia, the State’s largest prison and the first to be operated by a private company under contract to the Ministry, differs from most other privately managed prisons in Australia and overseas in that it is owned by the Government and operates under rules and standards which are set and enforced by the Ministry.
Ministry monitoring officers, based at Acacia, have unrestricted access to information needed to measure compliance with the contract and legislation.
As required under the Prisons Act, a seperate report on the operations of Acacia Prison is provided to Parliament separately.
Hakea Prison Complex The amalgamation, restructure and expansion of the Hakea Prison Complex (formerly Canning Vale Prison and CW Campbell Remand Centre) as a dedicated remand, receival and assessment facility for metropolitan males was completed in November 2000 at a cost of $26 million.
The new facility was established as part of an overall strategy to expand prison capacity and implement structural change. The improved and standardised reception and orientation process aims to reduce stress and tension on receival into the prison system.
Bandyup upgrade Construction of stages one and two of an upgrade and expansion of facilities and services at Bandyup Prison commenced in 2000/2001. The $14.8 million building program will increase accommodation for prisoners by an additional 85 beds.
The new facilities will provide program and employment opportunities specific to women and at-risk prisoners. Facilities will also be provided for education, life skilling, crisis care, treatment programs and recreation.
The Government decided not to proceed with plans to establish a Bandyup Annexe on the Pyrton site in Eden Hill.
Rangeview upgrade Work started on the $4.3 million redevelopment of the Rangeview Remand Centre for juveniles in March 2001.
A new 24-bed accommodation block will lift capacity to a maximum of 76 beds plus special needs accommodation. Other work includes expansion of educational and vocational facilities, a crisis care area and a new case planning area that will include a video conferencing facility.
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Rangeview was originally intended as short-stay accommodation. The upgrade will enable it to function as a residential facility for a significant number of juveniles on remand for longer periods.
The redevelopment is scheduled for completion in November 2001.
Regional prisons Renovations were also completed at several regional prisons during the year: • At Roebourne Regional Prison, the women’s section was upgraded to include a new mother- child unit and an improved recreation area and garden. • Broome Regional Prison installed new security grills and motion detectors to the maximum- security section, extended the administration area and developed a new visits area and a playground. In addition, refurbishments to the female section of the prison and the medical centre started during 2000/2001. • A new visits centre was built at Bunbury Regional Prison. • Eastern Goldfields Regional Prison received new perimeter fencing, lighting and security upgrades.
Court Security and Custodial Services The unified operation of court custody, court security, prisoner transport and prisoner escorts under the Ministry’s control started early in the year, with provision of the services being contracted to Australian Intergration Management Services (AIMS) Corporation.
The change returned approximately 100 trained police officers to duties within the WA Police Service.
Six prisoner escapes from custody occurred in 2000/2001, for which AIMS Corporation may be financially penalised. As provided for in the contract, AIMS requested arbitration on each incident and the arbitration process was incomplete at the end of 2000/2001.
As required under the Court Security and Custodial Services Act, a separate report on the operation of this contract is tabled in Parliament.
PAGE 46 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
THE PUBLIC ADVOCATE
Number of full-time employees The Public Advocate is an independent statutory officer appointed under the Guardianship and 25 Administration Act 1990 to protect and promote the rights, dignity and autonomy of adults who
20 have a decision-making disability, and to reduce the risk of neglect, exploitation and abuse.
The Public Advocate provides advocacy at hearings of the Guardianship and Administration Board 15 and within the community, as well as information and education about preserving the best interests
10 of people with decision-making disabilities (including guardianship and administration).
The Public Advocate also investigates complaints or allegations of neglect, exploitation and abuse, 5 and provides guardianship services where the appointment of a guardian is considered necessary. 20.0 20.0 0 1999/2000 2000/2001 MAJOR ACHIEVEMENTS Guardianship and Administration Amendment Act 2000
Operating costs Together with the Guardianship and Administration Board, The Guardianship and Administration 2000 Amendment Act 2000 was assented to in December 2000. In direct response to community at a glance concerns, the changes clarified and confirmed the role of close family members and others in 1500 making decisions about medical treatment for adults with decision-making disabilities. The new legislation also endorsed the appointment of substitute attorneys for Enduring Powers of Attorney.
1000 $ million Indigenous people initiative
500 The Public Advocate commissioned a project investigating the needs of indigenous people with respect to the Guardianship and Administration Act 1990. Its findings were submitted in a report to 1,828 1,995 the Public Advocate identifying issues and strategies that could and/or should be addressed. These 0
1999/2000 2000/2001 include the development of an indigenous services policy and strengthening links and partnerships with indigenous service providers and agencies in metropolitan and regional areas.
Operating costs as a proportion of Advocacy and guardian of last resort services total Ministry operating costs The Public Advocate increased the advocacy services provided by 13%* in comparison to the Office of the Public Advocate’s operating costs 0.37% previous year. However, the number of people identified as needing advocacy increased by 19%. There were 247 people identified in need of advocacy who could not be supported.
*This year 115 community-referred investigations were included in the total number of cases provided with advocacy. 1994/95 176 1995/96 288 Ministry’s total operating costs $487,611,000 1996/97 228 1997/98 281 1998/99 484 1999/00 516 2000/01 585*
There was a 22% per cent increase in the number of people supported by the Public Advocate as guardian of last resort this year.
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THE PUBLIC ADVOCATE continued
THE FUTURE The mounting pressure on services as a result of the ageing population and the growing incidence of dementia in our community continues to pose significant challenges for the Public Advocate. As reported last year, aiming to fully meet the needs of an increasing workload remains a key priority. Acting on behalf of vulnerable clients who lack safe, appropriate and supported accommodation also remains a significant advocacy issue.
In 2001/2002, the Public Advocate will: • Extend and improve regional services through the implementation of a pilot project based in Bunbury, to provide advocacy, investigation and guardianship to the State’s south-west. • Use the findings of the commissioned report on the needs of indigenous people with regard to the Guardianship and Administration Act 1990, to improve services provided by the Office of the Public Advocate to indigenous people.
PAGE 48 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PUBLIC TRUST OFFICE
Number of full-time employees The Public Trust Office provides trustee services for Western Australia, delivering professional and 150 independent trustee and asset management services.
120 THE SERVICE 90 The Public Trust Office is a statutory authority, which:
60 • Acts as trustee, manager, financial administrator or receiver of funds for people under the age of 18, for people who are unable to manage their funds, or for people seeking assistance 30 • Administers the estates of people who die with or without a will 127.6 126.0 • Prepares wills and powers of attorney for people wanting to appoint the Public Trustee as their 0
1999/2000 2000/2001 executor or attorney
MAJOR ACHIEVEMENTS Operating costs 12000 The Public Trust forged ahead this year with organisational change designed to achieve significant
at a glance savings and improve customer service. The standard of financial reporting has improved markedly 10000 and, during the year, the restructuring program continued with the appointment of level four and 8000 level five officers.
6000 $ million A delay in the passage of amendments to the Public Trustee Act has resulted in the deferment of
4000 planned changes.
2000 Efficiency and service improvement program 11,049 11,111 During the year, the Public Trust completed a review and revision of about 70 per cent of its 0
1999/2000 2000/2001 policies, procedures and delegations. As a result, there are now improved processes, reduced duplication and customary practices are being accurately documented to retain intellectual property and experience. Operating costs as a proportion of total Ministry operating costs To further improve efficiency, all policies and procedures are in a web-based format so they can be Public Trust Office 2.27% readily accessed by officers during their working day.
New software Following a rigorous tendering process, new software was selected. The Unisys West software, already in use by the Public Trustee of Queensland, is specifically designed for trustee work and will be customised for the specific needs of the Public Trustee in Western Australia.
Ministry’s total operating costs $487,611,000 Once operational, the new web-enabled software will mean significant savings and improved customer service with real-time processing; financial statements produced more quickly and in a more easily understood format; and opportunities to develop more tailored services such as direct daily crediting of accounts.
Mortgage Information Service The Mortgage Information Service was established in September 2000 to provide information to investors who suffered loss through failed finance brokers. A team of professionals with financial and commercial experience in the private sector was recruited to provide practical assistance and support, on an impartial basis, free of charge.
To date, more than 880 investors have been helped by establishing the facts surrounding their investment as well as facilitating communication between investors with common interests. Positive results have been achieved by investors after receiving assistance from the Public Trustee.
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PUBLIC TRUST OFFICE continued
Call centre In March 2001, a call centre was established to provide customers with a first point of contact. Call centre operators answer basic inquiries, book meetings with client services staff and mail out product and service information.
In the first four months of operation, the call centre took approximately 10,000 calls, or 120 calls per day.
Feedback from staff and customers will enable the Public Trust Office to fine-tune the call centre, ensuring it delivers more efficient service.
GST With around 7,000 clients, the introduction of the goods and services tax for the Public Trust was a major operation. The complexity of the task is evidenced by the fact that Australian Tax Office rulings remain outstanding at 30 June 2001.
The Public Trust sought legal and financial services advice and has successfully addressed 77 issues identified by consultants, PricewaterhouseCoopers. It also undertook staff training to ensure a smooth transition to the new tax system in 2000/2001.
Customer feedback Complaints to the Ombudsman increased significantly over the past two years, with 34 being made in 2000/2001. Significantly, only two of the 33 complaints determined by the Ombudsman during the year (which included matters carried over from the previous year) were upheld, one wholly and one partially. Eleven complaints remain to be determined.
In response to the trend towards a more assertive client base, the Public Trust is developing a new customer feedback policy to ensure customer feedback is used constructively in the continuous improvement process.
Common fund The common fund continues to be monitored very closely and the return to investors remains better than market returns. The Public Trustee Investment Committee continues to look at improved management strategies for this fund. At 30 June 2001, the composite rate of interest paid to investors in the common fund was 4.5%, compared to an average of 3.98% for similar cash- based common funds.
Deceased estate administration Significantly, there has been a trend towards private execution of wills and administration of deceased estates, contributing to a fall in deceased estate business in the order of $500,000 during the year.
PAGE 50 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
REGISTRY OF BIRTHS, DEATHS AND MARRIAGES
Number of full-time employee THE SERVICE 50 The Registry of Births, Deaths and Marriages is responsible for: 40 • The creation and permanent storage of birth, death and marriage records, which enables the public to obtain documentary proof of these important life events 30 • The provision of facilities for the conduct of civil marriages as an alternative to marriage by a
20 minister of religion or other civil celebrant
10 MAJOR ACHIEVEMENTS 42.0 41.0 New registry system 0
1999/2000 2000/2001 During the year, the registry began developing a new electronic birth, death and marriage system and associated imaging facilities. The system will replace and substantially improve the existing
Operating costs outdated registration system. 4000 The new system, known as WARS2000 (West Australian Registration System), is compatible with 3500 at a glance the Ministry’s main systems and will integrate all functions within the registry into a single system. 3000 It will incorporate new technologies such as workflow, imaging, records management and EFTPOS. 2500 It will also facilitate the development of on-line customer services through the Internet and eventual
$ million 2000 on-line storage of historic birth, death and marriage records. 1500
1000 WARS2000 will result in significant changes to the way work is performed within the registry.
500 An organisational restructure was initiated to accommodate these changes and maximise customer 3,847 3,386 and operational benefits. 0
1999/2000 2000/2001 Commemorative birth certificates The registry, in conjunction with registries throughout Australia and the National Council for the Operating costs as a proportion of Centenary of Federation, issued special commemorative birth certificates to commemorate the total Ministry operating costs Registry of Births, Deaths and 100th anniversary of federation in Australia. These certificates complemented the very popular range Marriages operating costs 0.79% of West Australian commemorative birth certificates that are available for purchase by the public.
Civil marriages During the year, 811 registry marriage ceremonies were performed in metropolitan and regional areas, in comparison to 826 in 1999/2000.
Customer service survey Ministry’s total operating costs $487,611,000 A customer survey was undertaken during the year to determine the level of satisfaction with the registry’s products and services. The unaudited survey results from randomly selected clients who were the recipients of registration and civil marriage services showed that the satisfaction rate was 89% and 86% respectively, the same outcomes as in 1999/2000.
PAGE 51 REPORT ON OPERATIONS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
POLICY AND LEGISLATION
Number of full-time employees THE SERVICE 35 The major function of the Policy and Legislation division has been to monitor, research, analyse and 30 develop legal policy and strategic justice policy and to coordinate and undertake the development of 25 legislation.
20 The division also liaised with the Attorney General’s office on behalf of the Ministry in relation to 15 preparation of Ministerial correspondence, replies to parliamentary questions, briefing notes and 10 speeches.
5 At the end of 2000/2001, the operations of the Policy and Legislation division were restructured 33.2 0 following the retirement of the division’s long-serving Executive Director, Dr Robert Fitzgerald. 2000/2001 Some functions were taken into a justice policy unit, while others were assigned to Court Services and Offender Management. Operating costs 000 For almost the entire year, however, Policy and Legislation division carried out its roles of strategic
at a glance policy information, coordination and development of legislation and liaison with the Attorney 000 General’s office.
000 MAJOR ACHIEVEMENTS 000 Mandatory sentencing As required by the legislation, a major review of the mandatory sentencing provisions inserted into 000 the Criminal Code in 1996/1997 was undertaken and is to be tabled in Parliament early in 4,235 0 2001/2002. 2000/2001 The review included an audit of data samples from all jurisdictions to assess the degree to which the legislation had been applied to repeat offenders who met the criteria set out in the so-called “three Operating costs as a proportion of strikes” law. total Ministry operating costs
Policy and Legislation operating costs 0.87% Specialist courts The State’s two specialist courts, the Family Violence Court and the Drug Court, have introduced a new concept of ongoing judicial supervision and court-based case management.
After a comprehensive evaluation of progress at the end of the first full year of its pilot program, the Family Violence Court at Joondalup was formally “handed over” to Court Services for ongoing management. It will be subject to a full evaluation in 2001/2002.
Ministry’s total operating The four-year Drug Court pilot program commenced in 2000/2001 with the specialist courts being costs $487,611,000 set up within the Perth Children’s Court, Perth Court of Petty Sessions and District Court at Perth. Following the development phase, these courts were also “handed over” to Court Services for ongoing management.
Spent convictions A review of the Spent Convictions Act was approved by Government with the objective of proposing reforms to ensure an appropriate balance between the community’s right to information and the rehabilitative considerations involved in an offender’s entitlement to privacy.
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POLICY AND LEGISLATION continued
National Competition Policy The principal activity carried out under the requirements of National Competition Policy was continuation of the review of the Legal Practitioners Act 1893 and related legislation and rules. The review is expected to be completed early in 2001/2002 and will result in recommendations to Government about the future regulatory framework to govern the legal profession.
E-commerce legislation Legislation to create a stable legal framework for electronic commerce was completed and introduced, but lapsed when Parliament was prorogued for the State election. It is programmed for reintroduction and passage in the Spring sitting of 2001. The primary objective of the legislation is to facilitate confidence in electronic transaction by addressing information security issues.
The Bill is modelled on Commonwealth legislation, which adopts most provisions of the United Nations Model Law on Electronic Commerce. The State legislation will thus be consistent nationally and internationally.
Crime reduction strategy Drafting of a comprehensive State Justice Strategy was completed and the document was presented to Government.
Developed by the Ministry in conjunction with the Justice Coordinating Council, the strategy draws from best practice in Britain, the United States and the Australian National Anti-Crime Strategy. It recognises that crime prevention requires a multi-agency approach, with education and human services being equally as important as the agencies directly involved in the criminal justice system.
Aboriginal over-representation Recognition that Aboriginal people are unacceptably over-represented in the criminal justice system drove collaborative interagency action on a number of fronts. Primary among these was development of an Aboriginal Justice Plan in conjunction with the State Aboriginal Justice Council. The plan provides a focus for addressing the underlying issues in Aboriginal offending.
PAGE 53 MINISTRY OF JUSTICE A NNUAL R EPORT 2000/2001
CORPORATE SUPPORT AREAS
the colour band at the top will be different for each of the 5 or 6 sections CORPORATE SUPPORT AREAS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CORPORATE SUPPORT AREAS
Corporate Services, Aboriginal Policy and Services and Public Affairs do not have individual outputs in the current year. However, all provide invaluable support to other division and agencies.
The efforts and achievements of these support areas of the Ministry are documented and recognised in the following section.
The divisions also receive support from the Internal Audit branch, which provides audit advice and conducts internal audits as outlined in the audit plan. Internal Audit works in cooperation with the Risk Management and Audit Committee made up of senior management of the Ministry and a representative from the Office of the Auditor General. The Internal Audit branch reports directly to the Director General.
For the past three years Internal Audit has worked in a co-sourcing arrangement with KPMG. By the end of August 2001, a decision will be made whether to exercise the two-year extension option included in the contract for this co-sourcing arrangement.
Additionally, the divisions are supported by the Ministerial Liaison Unit. The unit is responsible for coordinating all correspondence between the offices of the Attorney General and the Ministry of Justice and for effectively and efficiently managing the work flow between the offices.
In 2000/2001, the unit handled 4,924 items of correspondence and processed 106 parliamentary questions and 37 ‘questions without notice’.
During the year, the unit changed its management and reporting structure, was involved with projects such as the Ministry’s Justice Issues Management System (JIMS), the establishment of a formal network of divisional correspondence coordinators and arranged training courses for staff.
PAGE 55 CORPORATE SUPPORT AREAS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
ABORIGINAL POLICY AND SERVICES
THE SERVICE The Aboriginal Policy and Services directorate reports to the Director General, working across the Ministry and with other Government agencies to address social and economic issues that may lead to offending. It also helps address the needs of adult and juvenile Aboriginal offenders.
The directorate promotes a constructive and productive relationship between the Ministry and Aboriginal and Torres Strait Islander people to ensure they have equity of access to justice services.
An important element of its work involves proactively and co-operatively increasing awareness of Aboriginal and Torres Strait Islander issues so that they may be addressed throughout all planning and implementation processes within the Ministry and in its collaborations with other justice- related agencies.
The directorate’s business outcome is to provide support to the Ministry and other Government agencies to achieve equitable justice outcomes through the provision of services that are responsive and relevant to the needs of indigenous people.
Three key outputs that contribute to this outcome: • Support to the Ministry and other Government agencies • Support for Aboriginal and Torres Strait Islander detainees in police lockups, prisons and juvenile detention centres • Provision of dispute resolution processes to help Aboriginal and Torres Strait Islander people reach voluntary agreement or settlement
MAJOR ACHIEVEMENTS Prison-To-Work Transition Program The Pilbara-based pilot program, developed in partnership between Government and private sector organisations, aims to help released prisoners to gain and retain employment, reintegrate into the community and avoid continued offending.
In 2000/2001, a project officer was appointed to liaise between prison and key stakeholders. The officer provides status reports to the program steering committee, which includes the Ministry and a range of business, educational and community service organisations operating in the Pilbara.
Objectives identified by the steering committee are: • Securing full-time jobs, traineeships and apprenticeships for released offenders • Developing social and employment skills to help adoption of a law-abiding lifestyle • Increasing the number of Aboriginal people in the workforce • Increasing awareness among local industries of the difficulties Aboriginal offenders face in getting and keeping employment • Directing training programs towards meeting the needs of both the individual and industry
Interpreter training Through Central Metropolitan College of TAFE, the Ministry funded training courses in Kalgoorlie and Warburton under the Aboriginal Languages Interpreter Project.
Programs funded by the State and Commonwealth have now trained 33 Aboriginal people from nine language groups covering regions from Kununurra to Kalgoorlie. The primary aim of the program is to improve Aboriginal people’s equity and access in the justice system.
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ABORIGINAL POLICY AND SERVICES continued
As well as increasing the number of trained Aboriginal language interpreters available to the courts, the project has provided interpreter assistance to other Government and non-government agencies and helped to promote language maintenance in the Aboriginal community.
Aboriginal Justice Plan An important part of the coordinated approach to justice issues is the development of the Aboriginal Justice Plan, aimed at reducing Aboriginal involvement in the criminal justice system.
In 2000/2001, the Ministry worked with family and policing focus groups in an inter-agency approach to improve programs and services for Aboriginal people.
Aboriginal Visitors Scheme Aboriginal Visitors Scheme offices were established at Carnarvon and South Hedland in 2000/2001, expanding the capacity to provide support and counselling for Aboriginal detainees and prisoners.
The scheme now manages some 52 visitors in the metropolitan area and regions from Albany to Broome.
Aboriginal Alternative Dispute Resolution Service The Aboriginal Alternative Dispute Resolution Service has developed the only nationally accredited Aboriginal dispute resolution training program – the first of its kind in Australia. The program provides participants with skills to better manage conflicts at all levels.
Cultural and resource materials A cultural and resource materials pack has been developed to guide Ministry staff who work or have contact with Aboriginal people, particularly those in the Eastern Goldfields, Murchison, Pilbara and Kimberley regions.
The pack provides a range of information including aspects of Aboriginal culture, and contact details relating to services available to help Aboriginal people.
PAGE 57 CORPORATE SUPPORT AREAS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CORPORATE SERVICES
THE SERVICE The Corporate Services division supports the management of the Ministry’s human, financial and physical resources. It assists the Ministry in developing its overall strategic direction by providing business planning systems and services. The division also provides a corporate service to associated offices such as the Office of the Director of Public Prosecutions, Equal Opportunity Commission and the Office of the Information Commissioner.
MAJOR ACHIEVEMENTS Indigenous Trainee Scheme The Indigenous Traineeship Scheme continued in 2000/2001, with 18 trainees having participated in the program since March 1999. Ten trainees have successfully obtained permanent level one positions within the Ministry.
HR structural review In response to the changing demands and expectations for human resource services within the Ministry, a structural review of the function and service delivery of the Human Resources directorate was undertaken.
Extensive consultation with key stakeholders in all business areas identified current issues and determined options for and improved HR service. A staged implementation of the recommendations is being now considered.
Project management framework In October 2000, a web-based project reporting system was added to the Ministry’s on-line project management framework, which is an important management tool used across the Ministry. Reports from the system are used in decision-making by the executive and the classification management committee. A benefit/cost module was also added during the year.
Risk management An on-line risk management system, integrated with the project management framework, was initiated during the year. This system was designed to help the Ministry improve its business decision-making, while satisfying Treasury Instruction 109 that requires the Ministry to have auditable risk management strategies in place. After initial trialling, the system is expected to be extended to all business processes and strategic risks in its next-phase development, planned for 2001/2002.
Knowledge management During 2000/2001, a Ministry-wide knowledge management strategy was developed and endorsed by the executive. The strategy provided a foundation for improving the creation, sharing and use of data, information and knowledge. The development and expansion of the justice issues management system (JIMS), a key tool to assist in the management of a range of justice issues, was also continued during the year.
HR rostering module A staff rostering module was integrated into the Ministry’s payroll system and is being installed at 14 prisons and two juvenile correction centres. The module enables greater standardisation of the way rosters are managed, provides up-to-date operational statistics for superintendents, and enables payment of overtime without the need for paper-based processes. PAGE 58 CORPORATE SUPPORT AREAS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CORPORATE SERVICES continued
Management development program The management development program, developed in alliance with Curtin University, started in 1999/2000 to train staff in leadership, resource or project management. During the year, the content was tailored to better suit the Ministry’s operations, and 201 staff took part in the program.
Strategic information plan A strategic information plan, which will provide the basis for increasing the efficiency of the Ministry’s technology infrastructure, was developed during the year. The plan includes the progressive implementation of a standard operating environment, and the introduction of an applications framework that will facilitate the delivery of integrated justice systems and services.
Strategic telecommunications plan A five-year strategic telecommunications plan was developed to enable the Ministry to provide greater accessibility to justice services, and to provide more integrated services. Among the services included in the plan are voice, data and video conferencing to Ministry sites including juvenile justice, community-based services, prisons and courts.
As part of the initial implementation phase, a number of Ministry sites had new PABX telephone systems installed, or existing systems upgraded.
Library services During the year, the Ministry increased the accessibility of library resources through the Intranet and Internet. State and Commonwealth legislation is now available electronically, as well as the WA Government Gazette and Hansard. A selection of electronic titles relevant to Offender Management and Prison Services divisions has also been included.
Implementation of Financial Management Information System The re-engineered financial management information system implemented during the year incorporates a revised chart of accounts, a refined business and performance centre structure, significantly improved creditors, receivables, asset and cash management functionality and improved reporting, including financial reports available on the Internet.
Web-based purchasing A web-based purchasing suite has been implemented to enhance purchasing timelines, improve transaction control and reduce transaction costs. Arrangements for integration with the Government Electronic Market were advanced during the year with Prison Services piloting this during 2001/2002.
Goods and Services Tax The GST framework, business activity statement reporting and accounting frameworks were deployed successfully from 1 July 2000 and recovery of pre 2000/2001 sales tax entitlements achieved.
PAGE 59 CORPORATE SUPPORT AREAS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PUBLIC AFFAIRS
THE SERVICE The Public Affairs branch reports directly to the Director General and supports the Ministry’s business areas with strategic communication advice and a broad range of services to help develop community, stakeholder and staff awareness of the Ministry’s operations and achievements.
The branch plays an important role, both internally and externally, in ensuring that release of information about the Ministry’s plans and programs is an inherent part of the organisation’s operations.
The branch provides the following services: • Public relations, promotions, marketing and communications strategies • Media liaison • Publication production • Internet and Intranet site management • Staff communication • Launches and event coordination • Issues management
MAJOR ACHIEVEMENTS
Stakeholder Consultation and Briefings Acacia prison The Public Affairs branch organised a comprehensive information and consultation program to coincide with the commissioning of the new prison.
The basis of the consultation program was a community reference group consisting of residents from the surrounding area, local members of Parliament, local councillors, Ministry representatives and the private prison’s operator. Stakeholder briefings and information sessions for staff and prisoners were an important focus of the communication strategy
Prior to the opening of the prison on 5 May 2001, more than 1200 members of the local community, AIMS Corporation and Ministry of Justice staff and their families toured the prison during a series of open days. At the official opening, a further 350 selected dignitaries and guests toured the prison.
Work camps As well as arranging the Ministerial launches of new work camps at Kellerberrin and the Millstream- Chichester National Park, the branch was involved in consultation with Aboriginal groups and local communities prior to another work camp being established at Bungarun near Derby.
In November 2000, the branch’s work camps communication program earned a national Public Relations Institute of Australia Award for Excellence. As an integral part of the project team, it was also recognised with a StateWest Achievement Award for a group involved in a special project.
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Ombudsman’s report Following the release of the Ombudsman’s report into deaths in prisons, briefing sessions were conducted with key stakeholders – including lawyers, the judiciary, prison advocacy groups, clergy, Aboriginal groups, health officials and other interested parties. The briefings were hosted jointly with the Ombudsman.
Online Communication
Justice Online The Ministry’s Internet site, Justice Online, was redesigned with a focus on services provided rather than on the corporate structure. The site is will go live in September 2001.
JustNet During the year, the Ministry’s Intranet site, JustNet, has also seen some major changes. A large number of new policies, guidelines, manuals and applications have been added to help staff in their daily work by providing current information in a timely manner. The home page has been redesigned and is now updated several times a week with news (focussing on staff achievements), information and details of staff events.
Review of staff communication Public Affairs commissioned research to measure the reach, readership and response to three internal publications – Just Us, Inside Out and In Session.
The Boshe Group conducted a total of 324 interviews that showed: • The Ministry-wide publication, Just Us, was read by 87% of Ministry staff and the specialised publications for Court Services staff (In Session) and Prison Services/Offender Management staff (Inside Out) was read by 68% and 64% of the respective target audiences. • Enjoyment ratings for all three publications were very high – between 77% and 83% • Most staff (over 72%) found the publications to meet their needs in terms of frequency, length and presentation.
Recommendations included publishing the newsletters online, making them more distinct from each other and making more use of reader contributions.
Event management Public Affairs has prepared support materials and arranged numerous events, to mark the official opening or launch of a range of Ministry facilities and services. In doing so, the branch has maximised the use of prison catering resources and local community services.
Events organised during the year included the official openings of Acacia Prison, the Hakea expansion, the Health Centre at Pardelup; the pilot drug courts; the justice complexes at Fremantle, Rockingham and Busselton; work camps at Kellerberrin and Millstream, the juvenile bail facility at Banana Well; and new community-based services offices in Victoria Park.
A comprehensive Victims of Crime Services Directory, produced by the branch with Court Services, was also launched in May 2001.
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New publications and communication tools The branch continued to develop or update publications for the Ministry. Of note was a series of new customer information brochures for Community-Based Services, which explains juvenile justice issues and community sentencing issues for adults.
In addition, a series of prison induction and orientation videos for prisons in the State was produced as an aid for new prisoners and, in some cases, visitors to Ministry of Justice prisons.
Media coverage The Ministry’s activities often attract media attention. During 2000/2001, Public Affairs handled more than 850 media enquiries and worked hard to promote the Ministry’s achievements and good work, resulting in regular positive media reports across regional Western Australia and in the metropolitan area.
PAGE 62 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
STATEMENT OF CERTIFICATION
The following performance indicators of the Ministry of Justice provide measures of the Ministry’s effectiveness and efficiency in achieving its outcomes. I hereby certify that the key effectiveness and efficiency in performance indicators of the Ministry are based on proper records and fairly represent the performance of the Ministry for the financial year ending 30 June 2001.
Alan Piper Director General 15 August 2001
CALCULATION OF 2000/01 EFFICIENCY INDICATORS
The Ministry’s total costs in 2000/01 were $488 million. This included $2.66 million for services provided to other public agencies and payments made on behalf of the State (e.g. the payment of copyright fees on behalf of all public sector agencies). These costs do not relate to the outputs of the Ministry. Therefore in calculating the efficiency indicators for each output, these costs have been excluded in order to fairly represent the cost of providing justice services.
PAGE 64 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OPINION OF THE AUDITOR GENERAL
To the Parliament of Western Australia
MINISTRY OF JUSTICE PERFORMANCE INDICATORS FOR THE YEAR ENDED JUNE 30, 2001
Scope
I have audited the key effectiveness and efficiency performance indicators of the Ministry of Justice for the year ended June 30, 2001 under the provisions of the Financial Administration and Audit Act 1985.
The Director General is responsible for developing and maintaining proper records and systems for preparing and presenting performance indicators. I have conducted an audit of the key performance indicators in order to express an opinion on them to the Parliament as required by the Act. No opinion is expressed on the output measures of quantity, quality, timeliness and cost.
My audit was performed in accordance with section 79 of the Act to form an opinion based on a reasonable level of assurance. The audit procedures included examining, on a test basis, evidence supporting the amounts and other disclosures in the performance indicators in assisting users to assess the Ministry’s performance. These procedures have been undertaken to form an opinion as to whether, in all material respects, the performance indicators are relevant and appropriate having regard to their purpose and fairly represent the indicated performance.
The audit opinion expressed below has been formed on the above basis.
Audit Opinion
In my opinion, the key effectiveness and efficiency performance indicators of the Ministry of Justice are relevant and appropriate for assisting users to assess the Ministry’s performance and fairly represent the indicated performance for the year ended June 30, 2001.
D D R Pearson Auditor General October 11, 2001
PAGE 65 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES
2000/01 PERFORMANCE INDICATORS SUMMARY BY OUTPUT
OUTPUT 1: JUDICIARY AND JUDICIAL SUPPORT
Effectiveness Nil – exception applies
Efficiency 1 Cost of output
OUTPUT 2: CASE PROCESSING
Effectiveness 2.1 Case finalisation ratio 2.2 Average length of trials 2.3 The percentage of cases finalised within time standards 2.4 Backlog 2.5 The extent to which clients are satisfied with case processing services Efficiency 2.6 Cost per case finalised
OUTPUT 3: ENFORCEMENT OF CRIMINAL AND CIVIL COURT ORDERS
Effectiveness 3.1 Extent to which clients are satisfied with enforcement services 3.2 Percentage of fines satisfied by Fines Enforcement Registry (FER) Efficiency 3.3 Average cost per order (criminal and civil)
OUTPUT 4: ADMINISTRATION OF VICTIM SUPPORT AND COUNSELLING SERVICES
Effectiveness 4.1 The percentage of clients satisfied with victim support and counselling services 4.2 The percentage of victims of crime responded to within 72 hours Efficiency 4.3 Cost per case to provide victim support and other counselling services
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COURT SERVICES continued
2000/01 PERFORMANCE INDICATORS
Court Services plays a crucial role in the Ministry’s primary outcome of creating a safe and orderly environment for the Western Australian community. Its role is to instil and maintain community trust and confidence in the court system – to ensure access to justice, to finalise disputes in an effective and efficient manner, and to ensure equality, fairness and integrity in the court system.
Courts, boards and tribunals (referred to hereafter as courts) primarily exist to provide the community with a method to resolve disputes. Simply put, courts provide: • A registry where disputes/cases are lodged and managed through to finalisation • A courtroom where cases are heard, and • An independent “judge” and rules that ensure parties’ rights are protected.
Additionally, once the dispute is resolved, courts also provide • A method of enforcing the court’s decision.
There are two distinct entities involved in administering courts in Western Australia – the independent judicial officers who preside over the various courts and the Court Services division that provides the courts administrative services, support and infrastructure.
Court Services, in partnership with the judiciary, has the primary objective of instilling and maintaining community trust and confidence in the court system. The following elements must exist for community trust and confidence in courts to be maintained:
• Access to justice – the structure and machinery of courts must be accessible to the community • Expedition and timeliness – disputes must be effectively and efficiently finalised • Equality, Fairness and Integrity – Due process must be followed and be consistent with established laws and procedures
The Court Services division has identified three key outputs. These reflect the services provided and the abovementioned framework in which they are delivered: Output one Judicial and judicial support services Output two Case processing Output three Enforcement of criminal and civil court orders
The Court Services division also has responsibility for a fourth output, victim support and counselling services. This output relates predominantly to the services to victims of crime, provided through the Victim Support Service, and to the counselling service provided by the Coroner’s Court.
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KEY OUTPUT/SERVICE: 1. JUDICIARY AND JUDICIAL SUPPORT
Description A prime task of the justice system in serving the community is the determination of cases brought before the court or tribunal. This output relates to financing the cost of judicial officers (including their support staff) totalling $40.639m for 2000/01, thereby enabling them to undertake those determinations.
Note: The Ministry has not produced a performance indicator for this output as an exemption has been granted on the basis that the judiciary, by virtue of the doctrine of separation of powers, is independent of the executive arm of Government.
KEY OUTPUT/SERVICE: 2. CASE PROCESSING
Description The case processing output relates to all resources and services provided by Court Services to advance cases from lodgement to finalisation.
It includes operational support activities related to the effective and efficient management of cases, claims and applications through the criminal and civil court process and through the various tribunals and boards administered by Court Services across the state. These activities include: • Providing infrastructure (e.g. court rooms, furniture and equipment) to assist in the proceedings of a trial or hearing • Providing registry services to accept and process legal documents and list cases for trial or hearing • Collecting (court) fees, as prescribed by legislation • Monitoring case-flow standards in the various jurisdictions • Providing support services for non-judicial finalisations of matters
Performance information for this output is provided on a jurisdictional basis. This is because disputes are dealt with by different courts due to their seriousness, either in terms of the potential penalty (eg imprisonment) or in the value of the matter in dispute. However, there are some specialist jurisdictions, including the Family Court, Coroner’s Court, Children’s Court, the Guardianship Board and many tribunals.
Each of the indicators are explained below:
EFFECTIVENESS
2.1 Case finalisation ratio This indicator provides a ratio of how cases are finalised. It is a key indicator as it demonstrates that courts have processes in place to resolve disputes between parties both before and by trial.
Social and cost benefits may be achieved by the early finalisation of a case including: • An improvement in the percentage of cases finalised prior to trial indicates that the courts case management processes are effective in guiding parties to finalise the case in an expeditious and timely manner
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• Improving the community’s capacity to access the court system. The sooner a case is finalised, the earlier the court can deal with the next case • Finalisation of a matter prior to trial decreases the cost of litigation both to the parties and the community
The indicator is determined by calculating from the total of cases finalised, the percentages of cases finalised prior to and by trial.
2.2 Average length of trials This indicator measures the average length of trials that are finalised. It is a key indicator because: • It impacts on the community’s ability to access the justice system (ie if the average length of trials increases, the community may be inconvenienced by greater delays in cases coming to trial and this subsequently impacts on the whole-of-Government outcome of a “safe and orderly community”) • It demonstrates that pre-trial systems are effective in advancing matters to trial in accordance with established laws and procedures and reducing trial time to a minimum, thereby ensuring trials are finalised in an expeditious and timely manner
It also demonstrates that jurisdictions deal with matters of differing complexity (evidenced by the differing length of trials within the jurisdictions).
This indicator is calculated by dividing the total length of actual trials by the number of trials finalised within each of the jurisdictions.
2.3 Percentage of cases finalised within time standards This indicator relates to the percentage of cases finalised within time frames set by the court, in consultation with key stakeholders. It is a key indicator because it demonstrates that the systems, procedures and resources are in place to: • Provide the community with what are considered to be reasonable and acceptable standards by which the performance of the courts can be measured. This provides an indication of the community’s access to the courts • Provide an indication of the expeditious and timely finalisation of a case
This is achieved within a legal framework that advances matters to finalisation in accordance with established laws and procedures that are based on equality, fairness and integrity.
This indicator is calculated by comparing the period taken from lodgement of a case to its finalisation and the elapsed period against the time standard set by the court. The result is expressed as a percentage of the cases finalised for the year.
2.4 Backlog This indicator relates to the number of cases still to be finalised at year end, that have not been finalised within the time frames set by the court. It is a key indicator because it provides the community with an indication of the courts’: • Capacity to provide the community with access to courts • Capacity to deal with its case workload, within its time standards. (For this reason, some additional data has been provided to demonstrate the backlog in context of the overall work of the court)
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There are numerous factors that have a bearing on a matter being finalised within the standards, not all being within the control of the court. The fact that parties to cases are in dispute suggests that, while one party may want the matter finalised at the earliest possible time, the other may not. Extensions of time are granted to parties for good reason and subsequently the standards can not always be met.
The backlog measure is calculated by counting the number of matters still to be finalised (on hand), that have exceeded the time frames for finalisation set by the court.
It is important to note the relevant workload data also shown, so that the “backlog” is viewed in the context of each jurisdiction’s annual workload.
2.5 The extent to which clients are satisfied with case processing services This indicator measures the level of client satisfaction with case processing services.
The survey is conducted bi-annually, with responses being provided via a combination of telephone and face-to-face interviews.
The survey includes randomly selected members of the judiciary, legal practitioners, and both civil and criminal litigants across mainstream court services.
EFFICIENCY
2.6 Cost of case finalised This indicator measures the average cost of finalising a case within each jurisdiction.
The indicator is calculated by dividing the total cost of case processing services by the total number of cases finalised within each jurisdiction.
Definitions • Case (criminal) – A matter with one defendant with one or more charges, all with the same first date of registration. • Case (civil) – A matter commenced upon original filing of an originating process. • Trial – In the Supreme, Family, District, Children’s and Magistrates’ courts, a trial is defined as a formal defended proceeding before a judicial officer/s. Note that in criminal cases specifically, a plea of guilty by the accused does not constitute a defended proceeding. • Trial – In the Coroners Court, is an inquest. • Trial – In the Assessor of Criminal Injuries and Boards and Tribunals, a trial is defined as a case that proceeds to the tribunal resulting from contested proceedings that involve the taking of evidence and results in an order rendering the matter finalised as it relates to that tribunal. • Trial – In the Guardianship Board, is actually a board hearing. • Finalised – The date the case is finally determined. There are numerous methods by which a case may be finalised including, sentence handed down, withdrawal of the case, settlement of the case, delivery of the judgement by the court etc. • Note that where no figures are shown against an indicator, the indicator was either not previously reported or not available.
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SUPREME COURT Actual Actual Target Notes 1999/00 2000/01 2000/01 CIVIL 2.1 Case finalisation ratio • Finalised before trial 95% 91% • Finalised by trial 5% 8% 6% 2.2 Average length of trials • Civil 5.9 days 3 days 4 days • Single judge appeal 0.3 days 0.3 days 0.4 days • Full court appeal 0.6 days 0.5 days 0.6 days 2.3 Percentage of cases finalised within the standard of 78 weeks 89% 91% 85% 2.4 Backlog 533 665 1 Additional case analysis information • Cases received 2930 3626 2 • Cases finalised 2385 2865 2654 1 • Cases still to be dealt with 2236 2807 1
CRIMINAL 2.1 Case finalisation ratio • Finalised before trial 48% 43% • Finalised by trial 52% 57% 63% 2.2 Average length of trials • Criminal 3.45 days 4.3 days 4.5 days • Criminal appeal 0.36 days 0.4 days 0.4 days 2.3 Percentage of cases finalised within the standard of 32 weeks 79% 80% 84% 2.4 Backlog 51 67 Additional case analysis information • Cases received 550 449 • Cases finalised 454 477 473 • Cases still to be dealt with 292 301 2.6 Average cost per case finalised (criminal and civil combined) $4150 $3921 $4011 3
Notes: 1. The backlog and cases still to be dealt with case numbers have increased due to an increase in lodgments, and the finite level of judicial resources that can be applied to the work on hand. This is in spite of an increase in cases finalised. 2. The increase in cases received relates to a “class action” bought about by changes to the workers compensation legislation, and an increase in applications received under mutual recognition legislation. 3. The cost reduction is related to the better-than-forecast number of case finalisations achieved.
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DISTRICT COURT Actual Actual Target Notes 1999/00 2000/01 2000/01 CIVIL 2.1 Case finalisation ratio • Finalised before trial 98% 97% • Finalised by trial 2% 3% 2% 2.2 Average length of trials 2.5 days 2.7 days 3 days 2.3 Percentage of cases finalised within the standard of 70 weeks 86% 59% 70% 1 2.4 Backlog 1489 1246 1 Additional case analysis information • Cases received 4982 3847 2 • Cases finalised 8458 4926 5000 • Cases still to be dealt with 5459 4427 1
CRIMINAL 2.1 Case finalisation ratio • Finalised before trial 78% 78% • Finalised by trial 22% 22% 21% 2.2 Average length of trials 2.7 days 2.5 days 3 days 2.3 Percentage of cases finalised within the standard of 52 weeks 74% 75% 88% 3 2.4 Backlog 539 448 3 Additional case analysis information • Cases received 2822 2944 • Cases finalised 2862 3019 3000 • Cases still to be dealt with 1668 1604 3 2.6 Average cost per case finalised (criminal and civil combined) $1266 $2208 $1907 4
Notes: 1 Relates to an increase in finalisation of “older” cases, and should therefore be viewed in context with the backlog and additional case analysis information. 2 The apparent drop in cases received between 1999/00 and 2000/01 is a result of Government’s amendment to workers compensation legislation. 3 Relates to an increase in finalisation of “older” cases, and should therefore be viewed in context with the backlog and additional case analysis information. 4 The cost increase is predominantly related to an increase in security costs.
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FAMILY COURT Actual Actual Target Notes 1999/00 2000/01 2000/01 CIVIL 2.1 Case finalisation ratio • Finalised before trial 95% 96% • Finalised by trial 5% 4% 5% 2.2 Average length of trials • Direct track 0.6 days 0.5 days 0.6 days • Standard track 2.2 days 2.5 days 2.5 days 2.3 Percentage of cases finalised within time standards • Dissolutions (10 weeks) 74% 82% 91% 1 • Direct track (26 weeks) 49% 68% 68% 2 • Standard track (44 weeks) 27% 25% 30% 1 & 2 2.4 Backlog 200 Additional case analysis information • Cases received 13069 12976 • Cases finalised 12404 12764 13100 • Cases still to be dealt with 665 877 2.6 Average cost per case finalised $561 $601 $566 3
Notes: 1 Although the target estimates were not achieved, the results demonstrate, in an overall sense, improvement on the results achieved in 1999/00. 2 The results for these types of cases are interdependent, as they relate to cases to be determined by a judge. The results therefore reflect the movement of judicial resources between these case types to maintain equity of access for litigants. 3 The average cost achieved is higher than that estimated due to the court not finalising the number of cases estimated.
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CHILDREN’S COURT Actual Actual Target Notes 1999/00 2000/01 2000/01
CIVIL/CARE AND PROTECTION 2.1 Case finalisation ratio • Finalised before trial 90% 51% 1 • Finalised by trial 10% 49% 8% 1 2.2 Average length of trials 2.6 days 1.8 days 4 days 2.3 Percentage of cases finalised within the standard of 26 weeks 45% 55% 45% 2 2.4 Backlog 53 54 Additional case analysis information • Cases received 268 277 • Cases finalised 257 260 300 • Cases still to be dealt with 178 202
CRIMINAL 2.1 Case finalisation ratio • Finalised before trial 98% 81% 1 • Finalised by trial 2% 19% 5% 1 2.2 Average length of trials 0.7 days 0.6 days 0.5 days 2.3 Percentage of cases finalised within the standard of 26 weeks 92% 95% 91% 2.4 Backlog 360 236 Additional case analysis information • Cases received 8327 7790 • Cases finalised 7881 7925 10000 • Cases still to be dealt with 2330 2046 2.6 Average cost per case finalised (criminal and civil combined) $250 $333 $211 2
Notes: 1 The results reflect implementation of an improved counting methodology. The methodology is consistent with national counting procedures. 2 Low case numbers make the results volatile. 3 The cost increase is predominantly related to an increase in security costs.
PAGE 74 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES continued
MAGISTRATES’ COURT Actual Actual Target Notes 1999/00 2000/01 2000/01
CIVIL 2.1 Case finalisation ratio • Finalised before trial 94% 93% • Finalised by trial 6% 7% 10% 2.2 Average length of trials 0.3 days 0.3 days 0.5 days 2.3 Percentage of cases finalised within the standard of 52 weeks 90% 90% 91.5% 2.4 Backlog 8191 1 Additional case analysis information • Cases received 43970 43091 • Cases finalised 16798 19270 22500 1 • Cases still to be dealt with 43912 1
CRIMINAL 2.1 Case finalisation ratio • Finalised before trial 84% 79% • Finalised by trial 16% 21% 20% 2.2 Average length of trials 0.14 days 0.16 days 0.2 days 2.3 Percentage of cases finalised within the standard of 26 weeks 91% 94% 92% 2.4 Backlog 5824 5966 2 Additional case analysis information • Cases received 64387 78039 • Cases finalised 78922 82028 79000 • Cases still to be dealt with 32238 36976 2 2.6 Average cost per case finalised (criminal and civil combined) $253 $296 $254 3
Notes: 1. Includes cases where no defence has been lodged. 2. Includes cases where a bench warrant has been issued. 3. The cost increase is predominantly related to an increase in security costs.
PAGE 75 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES continued
CORONER’S COURT Actual Actual Target Notes 1999/00 2000/01 2000/01 2.1 Case finalisation ratio • Finalised before trial 96% 97% • Finalised by trial 4% 3% 3% 2.2 Average length of trials 2.53 days 3 days 2.9 days 2.3 Percentage of cases finalised within the standard of 52 weeks 92% 90% 93% 2.4 Backlog 156 Additional case analysis information • Cases received 2338 2187 • Cases finalised 2181 2115 2200 • Cases still to be dealt with 711 2.6 Average cost per case finalised $2348 $2608 $2897 1
Notes: 1. The lower-than-predicted cost relates to a reapportionment of services received free of charge across all jurisdictions.
GUARDIANSHIP BOARD Actual Actual Target Notes 1999/00 2000/01 2000/01 2.1 Case finalisation ratio • Finalised before trial 12% 11% • Finalised by trial 88% 89% 88% 2.3 Percentage of cases finalised within the standard of 8 weeks 77% 69% 75% 1 2.4 Backlog 59 82 • Additional case analysis information • Cases received 1541 1583 1 • Cases finalised 1215 1501 1230 1 • Cases still to be dealt with 223 261 2.6 Average cost per case finalised $1477 $1317 $1553 2
Notes: 1. The reduction in timeliness is predominantly a result of an increase in the time taken to resolve cases due to increasing case complexity. 2. The cost reduction is related to the better-than-forecast number of case finalisations achieved.
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LIQUOR LICENSING COURT Actual Actual Target Notes 1999/00 2000/01 2000/01
CIVIL 2.1 Case finalisation ratio • Finalised before trial 25% 41% • Finalised by trial 75% 59% 95% 1 2.2 Average length of trials 1.9 days 2.7 days 1.6 days 2.3 Percentage of cases finalised within the standard of 35 weeks 78% 98% 100% 2.4 Backlog 0 5 Additional case analysis information • Cases received 31 52 1 • Cases finalised 40 51 21 • Cases still to be dealt with 9 10 2.6 Average cost per case finalised $4359 $3766 $8839 1
Notes: 1 Low numbers of cases make the results volatile.
ASSESSOR OF CRIMINAL INJURIES Actual Actual Target Notes 1999/00 2000/01 2000/01 2.1 Case finalisation ratio • Finalised before trial 97% 97% • Finalised by trial 3% 3% 5% 2.3 Percentage of cases finalised within the standard of 39 weeks 34% 32% 30% 2.4 Backlog 882 656 Additional case analysis information • Cases received 1257 1003 • Cases finalised 1397 1416 1470 • Cases still to be dealt with 1685 1272 2.6 Average cost per case finalised $574 $639 1 and 2
Notes: 1 No 2000/01 target figure is shown as it was previously aggregated with other tribunals. 2 The actual cost shown does not include the cost of awards made for criminal injury compensation. When these are included ($13.5m), the cost per case rises to $10,222.
PAGE 77 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
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OTHER BOARDS AND TRIBUNALS
SMALL CLAIMS TRIBUNAL Actual Actual Target Notes 1999/00 2000/01 2000/01 2.1 Case finalisation ratio • Finalised before trial 30% 27% • Finalised by trial 70% 73% 80% 2.3 Percentage of cases finalised within the standard of 52 weeks 100% 98% 91% 2.4 Backlog 49 100 1 Additional case analysis information • Cases received 1672 1596 • Cases finalised 1427 1496 1700 • Cases still to be dealt with 451 611
COMMERCIAL TRIBUNAL Actual Actual Target Notes 1999/00 2000/01 2000/01 2.1 Case finalisation ratio • Finalised before trial 99% 97% • Finalised by trial 1% 3% 4% 2.3 Percentage of cases finalised within the standard of 52 weeks 96% 96% 90% 2.4 Backlog 56 12 Additional case analysis information • Cases received 1644 1509 • Cases finalised 1781 1552 1500 • Cases still to be dealt with 252 156
EQUAL OPPORTUNITY TRIBUNAL Actual Actual Target Notes 1999/00 2000/01 2000/01 2.1 Case finalisation ratio • Finalised before trial 53% 78% • Finalised by trial 47% 22% 39% 2 2.3 Percentage of cases finalised within the standard of 52 weeks 74% 70% 88% 2 2.4 Backlog 7 10 Additional case analysis information • Cases received 25 36 • Cases finalised 19 23 30 • Cases still to be dealt with 28 40
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BOARDS AND TRIBUNALS (Small Claims, Commercial, Equal Opportunity) Actual Actual Target Notes 1999/00 2000/01 2000/01 2.6 Average cost per case finalised $520 $610 $1985 3
Notes: 1 Includes cases where the defendant cannot be served (located) with papers to bring the case before the tribunal for finalisation. 2 Relatively small case numbers make the percentages volatile. 3 The 2000/01 target figure was previously aggregated with other tribunals.
PAROLE BOARD Actual Actual Target Notes 1999/00 2000/01 2000/01 2.1 Case finalisation ratio • Finalised before trial 12% 10% • Finalised by trial 88% 90% 89% 2.3 Percentage of cases finalised within the standard of 14 weeks 100% 100% 100% 2.4 Backlog 0 0 Additional case analysis information • Cases received 3096 4043 • Cases finalised 3096 4043 4000 • Cases still to be dealt with 0 0 2.6 Average cost per case finalised $184 $163 1
Notes: 1 No 2000/01 target figure is shown as it was previously aggregated with other tribunals.
PAGE 79 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES continued
CLIENT SATISFACTION WITH CASE 2.5 Client Satisfaction with case processing services PROCESSING SERVICES Notes: 100% •••1. The client satisfaction results for 1998/99 are shown as they relate to the results of the 90% last survey. Surveys are undertaken bi-annually. 80% • 2. Judiciary population estimated – 350. Sample size – 276. Surveys – 201. Response 70% rate 73%. This yields a sampling error of + or – 4% at 95% confidence level.
60% • 3. Although the judicial satisfaction level has decreased since 1998/99, the result is, in fact, within the survey error sampling tolerances. (i.e. the 78% result could equate to 50% the 71% result, taking into account the sampling error rate) In terms of the result 40% being below the 2000/01 target, the judiciary were predominantly critical of facilities
30% and security rather than court staff. • 4. Practitioners population estimated – 2860. Sample size 226. Surveys – 150. Response 20% rate 66.4%. This yields a sampling error of + or – 7% at 95% confidence level. 10% • 5. Litigants population estimated –128000. Sample size 915. Surveys – 404. Response 70% 91% 78% 71% 61% 75% 64% 0% 57% 59% rate 44%. This yields a sampling error of + or – 5% at 95% confidence level. Actual Actual Target 1998/99 2000/01 2000/01 Judiciary Practitioners Litigants KEY OUTPUT/SERVICE: 3. ENFORCEMENT OF CRIMINAL AND CIVIL COURT ORDERS
Description The enforcement of orders output relates to all resources and services provided by the Court Services division to enforce orders handed down by a court.
It includes operational and support activities related to the effective and efficient enforcement of both criminal and civil court orders. These activities include the: • Provision of infrastructure (eg accommodation, furniture and equipment) to enable enforcement of orders
PERCENTAGE OF CLIENTS SATISFIED WITH • Provision of services to prepare, process, execute and monitor enforcement orders ENFORCEMENT SERVICES • Monitoring and auditing bailiff and sheriff activities 100% The enforcement output demonstrates to the community and the judiciary, the practical 90% application of enforcing orders of the court. The information shows how effectively and 80% efficiently Court Services enforces court orders. It also serves to demonstrate that the
70% community can have confidence in the enforcement process to enforce court orders.
60% There are differences between criminal and civil enforcement. Criminal enforcement is administered and controlled by the courts by virtue of statute law. Civil enforcement is 50% regulated by the courts, but is otherwise a matter between litigants ie, the creditor 40% determines how vigorously they pursue the matter. 30% EFFECTIVENESS 20% 3.1 Extent to which clients are satisfied with enforcement services 10% This is a key indicator because it provides the community with an overall measurement of 52% 60% 60% 76% 76% 45% 68% 67% 0% 67% Actual Actual Target the effectiveness of enforcement services. With effective enforcement services, a safe and 1998/99 2000/01 2000/01 orderly community can be expected. Corporate Practitioners Litigants
PAGE 80 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES continued
The survey is conducted bi-annually, with responses being provided via a combination of telephone and face-to-face interviews.
Survey clients included randomly selected members of the Fines Enforcement Registry corporate clients, legal practitioners and civil and criminal litigants. Notes: •••1. The client satisfaction results for 1998/99 are shown as they relate to the results of the last survey. Surveys are undertaken bi-annually.
PERCENTAGE OF FINES SATISFIED BY FER • 2. Corporate population estimated – 57. Sample size 48. Surveys – 48. Response rate 100%. WITHIN THE PERIOD 0 TO 12 MONTHS • 3. The apparent drop in corporate satisfaction relates predominantly to shortcomings with 100% the present computing system, and the registry’s capacity to respond to clients in a timely 90% manner due to existing staff numbers remaining static due to budget constraints.
80% • 4. Practitioners population estimated – 2860. Sample size 226. Surveys – 150. Response rate 66%. This yields a sampling error of + or – 8% at 95% confidence level. 70% • 5. Litigants population estimated –128000. Sample size 915. Surveys – 404. Response 60% rate 44%. This yields a sampling error of + or – 5% at 95% confidence level. 50% 3.2 Percentage of fines satisfied by Fines Enforcement Registry (FER) 40% – Fines and costs (satisfied within 12 months and 24 months) 30% – Infringements (satisfied within 12 months and 24 months)
20% This indicator measures the percentage of satisfied fines and costs and infringements referred to FER by the courts and prosecuting authorities for enforcement within a time 10% frame. The Fines Enforcement Registry is the courts’ major enforcement arm for the 36% 62% 30% 60% 68% 0% 31% Actual Actual Target recovery of unpaid fines and infringement notices. Satisfaction of the penalty can be by 1999/00 2000/01 2000/01 various methods including payment in full, sale of goods, community work and/or the Fines and Costs Infringements serving of default penalties.
This is a key indicator because it demonstrates to the community and judiciary that the PERCENTAGE OF FINES SATISFIED BY FER appropriate systems, procedures and resources are in place to: WITHIN THE PERIOD 0 TO 24 MONTHS • Enforce fines, costs and infringement penalties in an expeditious and timely manner 100% • Demonstrate to the community that a court fine is a viable sentencing option 90% The indicator is derived by measuring the rate, in percentage terms, for fines, costs and 80% infringements recovered within 0 and 12; and 0 and 24 months of lodgment with the Fines 70% Enforcement Registry. 60% Notes:
50% 1 The 0 to 24 month time period indicator has been developed to demonstrate a change in payment patterns by fine defaulters. It is included in this report for the first time. 40%
30%
20%
10% N/A 70% N/A N/A N/A 0% 44% Actual Actual Target 1999/00 2000/01 2000/01 Fines and Costs Infringements
PAGE 81 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES continued
AVERAGE COST PER ORDER EFFICIENCY (CRIMINAL AND CIVIL) $250 3.3 Average cost per order (criminal and civil)
$225 This indicator measures the average cost associated with producing/actioning civil and $200 criminal orders in the various responsible jurisdictions, as shown below.
$175 This indicator is determined by dividing the cost of providing enforcement services within
$150 each discrete jurisdiction by the number of orders produced/actioned for the financial year. Notes: $125 •• 1 The cost variations between these orders reflect the fact that the work is undertaken $100 utilising the same resources. The cost reductions from those predicted reflect improved $75 practices and a reduction in resource levels.
$50 • 2 This indicator no longer exists, as District Court enforcement proceedings are undertaken by the Fines Enforcement Registry. $25 $13 $184 $204 $63 NIL $229 $195 $86 $174 $10 $236 $245 $92 $15 $0 $226 Actual Actual Target 1999/00 2000/01 2000/01 Civil - Sheriff Criminal - Sheriff Criminal - District Court Civil - Magistrates Fines - Enforcement
NUMBER OF ORDERS Notes: (CRIMINAL AND CIVIL) 225000 • 1 The target was not reached due to a slowdown in orders made as clients concentrated on implementing the GST. 200000 216000
186364 • 2 The actual has not reached the anticipated target because the “CAPSPEED” 175000 initiative was not implemented. 154512 150000 • 3 This indicator no longer exists, as District Court enforcement proceedings are undertaken by the Fines Enforcement Registry. 125000
100000
75000 54377 50000 51272 42000
25000 22000 16585 15235 4000 3953 3550 2318 2300 0 1385 1108 0 1500 Actual Actual Target 1999/00 2000/01 2000/01 Civil - Sheriff Criminal - Sheriff Infringments Civil - Magistrates Fines Criminal - District Court
PAGE 82 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
COURT SERVICES continued
KEY OUTPUT/SERVICE: 4. ADMINISTRATION OF VICTIM SUPPORT AND COUNSELLING SERVICES
Description The Victim Support Service and Coroner’s Office counselling service contributes to the outcome of a safe and orderly community by supporting rights of victims of crime and bereaved people and assisting them to restore their well-being.
EFFECTIVENESS
PERCENTAGE OF CLIENTS SATISFIED 4.1 The percentage of clients satisfied with victim support and WITH VICTIM SUPPORT AND counselling services COUNSELLING SERVICES 100% This indicator measures the level of client satisfaction with the range of services provided
90% by the Victim Support Service (VSS).
80% This is a key indicator because it provides a measure of satisfaction with the different levels of service provided by the VSS. These services include counselling, court support, 70% information and assistance with Victim Impact Statements and claims for criminal injury 60% compensation. Although expressed in quantitative terms (percentage of satisfaction) the
50% survey is based on qualitative information collected by independent consultants.
40% The indicator is derived from a customer survey, administered by telephone, to victims of crime who had received information, support or counselling from VSS during the 30% financial year. 20% Notes: 10% 1 The client satisfaction results for 1998/99 are shown as they relate to the results of the last 80% 85% 0% 83% survey. Surveys are undertaken bi-annually. Actual Actual Target 1998/99 2000/01 2000/01 2 The survey result was determined as follows: • From a population size of 3000, 664 clients agreed to be sampled, 355 clients were subsequently approached to achieve 311 interviews, yielding a response rate of 88%. PERCENTAGE OF VICTIMS OF CRIME • This yields a sampling error of +/- 5% at a 95% confidence level. RESPONDED TO WITHIN 72 HOURS 100% 4.2 The percentage of victims of crime responded to within 72 hours
90% This indicator is shown to provide the community with what is considered a reasonable and acceptable time period/standard for a response to a referral to the victim support 80% service and to demonstrate actual performance level. 70% This indicator is calculated by comparing the elapsed time between receipt of the referral 60% and the case officer’s first contact with the client, against the standard. 50%
40%
30%
20%
10% 99.5% 90% 0% 97% Actual Actual Target 1998/99 2000/01 2000/01
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COST PER CASE TO PROVIDE EFFICIENCY VICTIM SUPPORT AND OTHER COUNSELLING SERVICES 4.3 Cost per case to provide victim support and other counselling $250 services This indicator measures the average cost of providing counselling services.
$200 This indicator is calculated by dividing the total cost of victim support and counselling services by the total number of referrals received.
$150 Notes: 1 Although the cost has reduced from that achieved in 1999/00, it is opposite that estimated – predominantly due to the anticipated number of referrals not being received. $100
$50 $200 $175 $0 $229 Actual Actual Target 1998/99 2000/01 2000/01
NUMBER OF REFERRALS RECEIVED 15000
12000
9000
6000
3000 11679 12100 0 11692 Actual Actual Target 1998/99 2000/01 2000/01
PAGE 84 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CROWN SOLICITOR
2000/01 PERFORMANCE INDICATORS SUMMARY BY OUTPUT
OUTPUT 5: LEGAL SERVICES
Effectiveness 5.1 The extent to which Government departments and agencies are satisfied with the legal services provided, categorised by: – Major clients; and – Significant clients.
Efficiency 5.2 Cost per matter
PAGE 85 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CROWN SOLICITOR continued
2000/01 PERFORMANCE INDICATORS
KEY OUTPUT/SERVICE 5. LEGAL SERVICES
Inherent in the concept of safe and orderly community is the maintenance of excellence and integrity in the Government’s legal dealings, and provision of first-class advice to all Government agencies.
Description The Crown Solicitor’s Office provides a broad-based legal service to Government, its departments, instrumentalities and agencies. This includes the conduct of litigation, the provision of legal advice, representation as counsel in courts and tribunals and preparation of legal documents.
EFFECTIVENESS
5.1 The extent to which Government departments and agencies are satisfied with the legal services provided, categorised by – Major clients – Significant clients
This indicator measures client satisfaction with the quality of legal services provided. It is measured by a client survey targeting Chief Executive Officers (CEOs) from Government departments and agencies. Survey questions are forwarded in advance to CEOs and this is followed by an interview conducted by the Crown Solicitor.
In 2000/2001, a total of 27 client agencies were surveyed. This consisted of: • Twenty (20) major client agencies. Major clients are those agencies which represent approximately 79% of the chargeable work of the office during the year • Seven (7) client agencies of significance to government. Significance to Government is defined as those agencies that did not qualify as “major clients” and includes “central agencies” and those with important regulatory and commercial activities in government
The total number of agencies surveyed represents approximately 85% of the chargeable work of the Crown Solicitor’s Office.
The criteria used to assess satisfaction with service included: • Technical quality of work • Relevance of information provided to client’s needs • Timeliness of information provided
The results show the percentage of clients giving a rating of greater than 80% (ie ratings of good to excellent) and a rating of greater than 60% (ie ratings of satisfactory to excellent).
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CROWN SOLICITOR continued
Table 1: Extent to which major clients are satisfied with the legal services provided Actual Target 1998/99 1999/00 2000/01 2000/01
Rating Rating Rating Rating Rating Rating Rating >60% >80% >60% >80% >60% >80% >80% Technical quality of work 100% 100% 100% 98% 100% 100% 86% Relevance of information 100% 100% 100% 95% 100% 95% 82% Timeliness of information 97% 91% 97% 89% 97% 93% 82%
Notes: Survey results for 2000/01 were based on a total population size of 20 of which 20 client agencies were interviewed. In 1999/00 total population size = 20, of which 20 client agencies were interviewed. In 1998/99 total population size = 20, of which 20 client agencies were interviewed.
Table 2: Extent to which significant clients are satisfied with the legal services provided Actual Target 1998/99 1999/00 2000/01 2000/01
Rating Rating Rating Rating Rating Rating Rating >60% >80% >60% >80% >60% >80% >80% Technical quality of work 100% 100% 100% 100% 100% 100% 86% Relevance of information 100% 100% 100% 100% 100% 100% 82% Timeliness of information 100% 93% 100% 100% 100% 100% 82%
Notes: Survey results for 2000/01 were based on a total population size of seven, of which seven clients were interviewed. Results for 1999/00 were based on a total population size of six, of which six client agencies were interviewed. Results for 1998/99 were based on a total population size of five, from which five client agencies were interviewed.
COST PER LEGAL MATTER EFFICIENCY $2000 5.2. Cost per matter This indicator measures the average cost of a legal matter. A matter is defined as an
$1500 initiating instruction from a client to provide legal services and includes work in progress. The services include: the provision of legal advice, the conduct of litigation, representation as counsel in courts and tribunals and, the preparation of legal documents.
$1000 The cost of the matter is calculated by dividing the total cost of providing legal services by the number of matters dealt with during the financial year. Notes:
$500 The responsibility for the payment of awards of criminal injuries compensation was transferred to Court Services from 1 January 2000 which caused a reduction in the number of matters for 1999/2000 and 2000/2001 which in turn caused an increase in $1,208.00 $1,024.92 $1,764.53 $1,225.40 the cost per matter. $0 1998/99 1999/00 Target Actual 2000/01 2000/01
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CROWN SOLICITOR continued
NUMBER OF LEGAL MATTERS Notes: 20000 The responsibility for the payment of awards of criminal injuries compensation was transferred to Court Services from 1 January 2000 which caused a reduction in the number of matters for 1999/2000 and 2000/2001. 15000
10000
5000 11220 16492 16200 0 15539 1998/99 1999/00 2000/01 Target 2000/01
PAGE 88 unaudited performance indicators PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CROWN SOLICITOR continued
UNAUDITED PERFORMANCE INFORMATION FOR THE CROWN SOLICITOR
Other Clients The Crown Solicitor also surveys other clients for his own internal management purposes.
Five agencies from the balance of client agencies were randomly selected and chosen in the presence of an independent auditor.
The results of this survey are as follows.
Extent to which ’other clients’ were satisfied with the legal services provided. Actual Target 1998/99 1999/00 2000/01 2000/01
Rating Rating Rating Rating Rating Rating Rating >60% >80% >60% >80% >60% >80% >80% Technical quality of work 100% 100% 100% 80% 100% 100% 86% Relevance of information 100% 91% 100% 80% 100% 90% 82% Timeliness of information 100% 100% 80% 77% 100% 100% 82%
PAGE 89 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PARLIAMENTARY COUNSEL
2000/01 PERFORMANCE INDICATORS SUMMARY BY OUTPUT
OUTPUT 6: PREPARATION OF LEGISLATION
Effectiveness 6.1 Extent to which legislation was drafted in a timely manner to give effect to Government’s legislative program.
Efficiency 6.2 Average cost per drafting service provided.
PAGE 90 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PARLIAMENTARY COUNSEL continued
KEY OUTPUT/SERVICE 6. PREPARATION OF LEGISLATION To ensure Government policies designed to enhance the safe and orderly community of Western Australia are put into appropriate legislation is the responsibility of the Parliamentary Counsel.
As well as the preparation of legislation in a timely manner to give effect to the Government’s legislative program, the Parliamentary Counsel is also required to ensure the public is given access to and information about existing legislation. Such access plays a role in maintaining an orderly community.
Description To prepare legislation for the Government of Western Australia and its departments and agencies in order to give effect to the Government’s legislative program.
EFFECTIVENESS
6.1 Extent to which legislation was drafted in a timely manner to give effect to Government’s legislative program To put Government policies into legislative form, the Government’s legislative program has to be met. This is a key indicator because it measures whether the program has been met by determining the extent to which Cabinet authorities for the preparation of legislation have been completed according to the priorities set out in the program.
The indicator represents the total number of Cabinet authorities, of various priorities, for which legislation was completed by the relevant respective cut-off dates in a parliamentary year, expressed as a percentage of the total number of Cabinet authorities to which the legislative program relates.
This calculation excludes matters which were not given effect to on time due to circumstances beyond the control of the Parliamentary Counsel’s Office. Such circumstances include: • Lack of action on the part of the instructing agency to progress a Bill; or • Deferral of a Bill by the instructing agency
Extent to which legislation was drafted in a timely manner 1998/99 1999/00 Actual 2000/01 Target 2000/01 86.66% 88% 89.4% 88%
Note: This indicator is reported on a calendar year basis to directly align performance to the parliamentary year, ie the 2000/01 figure represents the 2000 parliamentary year. A precise method of assessment is used under which the history of each piece of priority legislation is analysed.
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PARLIAMENTARY COUNSEL continued
COST PER PAGE DRAFTED EFFICIENCY $300 6.2 Average cost per drafting service provided
$250 The average cost per drafting service is calculated by dividing the total cost of the office by the number of pages of Bills, subsidiary legislation and reprinted texts produced by the
$200 office, on a financial year basis. These results will vary from one reporting period to another because of fluctuations in $150 demands for the preparation of legislation. These variations may obscure changes in efficiency.
$100 Note: 1 The cost per page drafted is calculated by dividing the total operating expenses (inc
$50 Corporate Services) ($3,734,079) by the number of pages drafted (24,514). 2 The increase in the cost per page drafted is due to: $152.32 $115.92 $278.00 $0 $102.45 • The new method of calculation (introduced in 1999/00); 1998/99 1999/00 Actual Target 2000/01 2000/01 • A decrease in the demand for Bills in the last months of the previous Government’s administration; and • Parliament not having met for five months of the period.
NUMBER OF PAGES DRAFTED 35000
30000
25000
20000
15000
10000
5000 24,514 31,150 13,900 0 26,950 1998/99 1999/00 Actual Target 2000/01 2000/01
PAGE 92 unaudited performance indicators PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PARLIAMENTARY COUNSEL continued
Extent to which clients are satisfied with drafting service
It is currently not possible to measure the quality of the actual output of the office i.e. the legislation it produces. In one sense, the quality of legislation in terms of its expression, style and presentation would depend on the particular likes and dislikes of different readers. In another sense, its quality in terms of its effectiveness might not be able to be judged for many years to come depending on how long it takes for all the various situations that a piece of legislation is designed to deal with to arise.
Accordingly, the Parliamentary Counsel’s Office surveys a random selection of instructing agencies for its own internal management purposes and uses this survey to measure quality in terms of the effectiveness of the interactive relationship it has with instructing agencies. This indicator is derived from a customer target survey sent to all instructing officers involved in drafting tasks over a two- week period.
Quality of service Actual Target 1998/99 1999/00 2000/01 2000/01 Professional work (technical standards and skills) not surveyed 89.77% 86.1% Communication (written and oral) not surveyed 88.02% 88.58% Responsiveness and accessibility not surveyed 90.16% 89.15%
Note: This indicator is reported on a calendar year basis to directly align performance to the parliamentary year, i.e. the 2000/01 figure represents the 2000 parliamentary year. The period selected for the year 2000 was 16 October to 27 October. 53 clients were surveyed and 40 clients responded (75.5%).
PAGE 93 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OFFENDER MANAGEMENT AND PRISON SERVICES
2000/01 PERFORMANCE INDICATORS SUMMARY BY OUTPUT
OUTPUT 7: ADULT OFFENDERS MANAGED
Effectiveness 7.1 Rate of re-offending
7.2 Escape rate, by security rating: – maximum – medium (including low medium) – minimum
7.3 Successful releases from custody at their earliest possible release date
7.4 Successful completion of community based orders
Efficiency 7.5 Cost per day of keeping an offender in custody
7.6 Cost per day of managing an offender through community supervision
OUTPUT 8: JUVENILE OFFENDERS MANAGED
Effectiveness 8.1 Rate of return to detention
8.2 Escape rate
8.3 Successful releases from detention
8.4 Successful completion of community based orders
8.5 Juvenile Detention Team – Action plans completed
Efficiency 8.6 Cost per day of keeping a juvenile in detention
8.7 Cost per day of managing a juvenile through community supervision
PAGE 94 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OFFENDER MANAGEMENT AND PRISON SERVICES continued
KEY OUTPUT/SERVICE: 7. ADULT OFFENDERS MANAGED The custody, containment, care, well-being and rehabilitation of offenders and their reintegration into the community, is a critical element affecting the community’s sense of safety and security. The quality and effectiveness of Western Australia’s prison system, and the rehabilitation programs it offers, has a direct bearing on the perception of a safe and orderly community.
Description: The custody, containment, care, well being and rehabilitation of adult offenders and their reintegration into and reparation to the community. This includes the provision of remedial programs, further education and employment skills, sentencing reports, assessment reports outlining an offender’s suitability for release or their progress in the community to releasing authorities such as the Parole Board, providing policy and advice and collaborating with other agencies.
EFFECTIVENESS
7.1. Rate of re-offending. The rate of re-offending is defined as the rate of return to the offender management system, by distinct1 adult offenders within two years following release from custody or termination of a community based order. Changes in the rate of re-offending provide some indication of the effectiveness of personal development activities and rehabilitation programs, but is also dependent upon other factors such as sentencing legislation, changes in the nature of offences committed and the rate at which community orders are breached for non-compliance.
Research has shown that offenders are most likely to re-offend within two years of their release from corrective services. The two-year cut-off period is consistent with standards developed by all national correctional jurisdictions and the industry commission.
To be consistent with the national standards, the rate of re-offending excludes fine default sentences, exits to and commencements of post-prison community based orders, home detention/community bail orders and work and development orders.
Rate of re-offending – adults 1998/99 1999/00 Actual 2000/01 Target 2000/01 31% 33% 34% 34%
Note: 1 Distinct offender means an offender is counted only once, even if the offender re-enters the system several times.
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OFFENDER MANAGEMENT AND PRISON SERVICES continued
ESCAPE RATE, BY SECURITY 7.2 Escape rate, by security rating RATING OF PRISONER – maximum 10% – medium (including low medium) 9% – minimum 8% This indicator measures the escape rate from custody, by security rating and transport 7% vehicles. It is a measure of the protection provided for the community through the
6% provision of safe and secure custodial systems. It is also indicative of the application of effective management and assessment policies and practices. 5% The indicator is derived by calculating the number of escapes by security rating as a 4% percentage of the daily average population. 3%
2%
1% 5.80% 2.12% 0.59% 2.41% 0% 0% 0.45% 5.89% 0% 0% 1.67% 0.26% 9.38% 3.73% 0.16% 0% 0.23% 1998/99 1999/00 Actual Target 2000/01 2000/01 Maximum Minimum Medium (including low-medium) All prisoner classifications
SUCCESSFUL RELEASES FROM CUSTODY AT 7.3 Successful releases from custody at their earliest possible release THEIR EARLIEST POSSIBLE RELEASE DATE date 100% This indicator measures the proportion of adult offenders released from custody at their earliest possible release date. This provides an indication that, within custody offenders are
80% adopting a law-abiding lifestyle and is also indicative of the application of effective management policies and practices.
The indicator is derived by calculating the proportion of adult offenders released at their 60% earliest possible release date and incurring no additional sentences due to behaviour while in custody or no loss of remission, as a proportion of all total exits of sentenced offenders.
40%
20% 88% 85% 91% 0% 87% 1998/99 1999/00 Actual Target 2000/01 2000/01
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OFFENDER MANAGEMENT AND PRISON SERVICES continued
SUCCESSFUL COMPLETION OF 7.4 Successful completion of community based orders COMMUNITY BASED ORDERS 80% Orders having run their full course without breach action finalised or pending: – Intensive supervision 70% – Community based
60% – Parole – Work release 50% – Home detention prison
40% – Home detention bail – Work and development orders 30% This provides an indication of the completion rate of community based orders and an 20% offender’s responsible and law-abiding behaviour.
10% The indicator is derived by calculating the number of orders completed as a proportion of all orders validly terminated, completed or expired. 65% 65% 63% 0% 63% 1998/99 1999/00 Actual Target Intensive supervision and community-based orders were established as a result of the 2000/01 2000/01 Sentencing Act in 1996 to replace probation and community service orders. The completion rates are dependent upon the rate at which offenders are breached for non- compliance to the conditions of their orders.
EFFICIENCY
COST PER DAY – ADULTS 7.5 Cost per day of keeping an offender in custody $200 This indicator measures the unit cost of managing adult offenders in custody. It is calculated by dividing the total cost of managing adults in custody by the daily average population.
$150 Note: Daily average prisoner population appearing as 3250 in the budget setting is not consistent with the forecast population used in the calculation of the total cost of output – hence the
$100 target cost per adult of $176 per day. The budgeted cost of output of $209.5m was based on a daily annual average prisoner population of 3,110. The total cost of this output was later adjusted by a $4.9m increase to a total of $214.4m. This was due to a modified allocation methodology of carry over funds $50 and writing off some capital items to the operating statement, which were capitalised in the budget setting. Consequently, the target for 2000/01 for the annual daily average cost per day of managing an adult offender in custody becomes $189 and this adjusted target $180.85 $176 $192.53 $0 $163.24 1998/99 1999/00 Actual Target should be compared to the actual for 2000/01. 2000/01 2000/01
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OFFENDER MANAGEMENT AND PRISON SERVICES continued
DAILY AVERAGE POPULATION 3500
3000
2500
2000
1500
1000
500 2,969 3,250 3,117 0 2,684 1998/99 1999/00 Actual Target 2000/01 2000/01
COST PER DAY OF MANAGING AN OFFENDER 7.6 Cost per day of managing an offender through community THROUGH COMMUNITY SUPERVISION supervision $16.00 This indicator measures the unit cost of managing an adult offender through community $14.00 supervision. It is calculated by dividing the total cost of managing an adult offender through community supervision by the daily average number of offenders supervised. $12.00 Note:
$10.00 The actual cost per day of managing an adult offender through community supervision for 1999/00 and thereafter does not include the costs for the Release Planning Unit, Central $8.00 Law Courts and Victim-offender Management Unit as their functions do not relate to the supervision of adult offenders. $6.00
$4.00
$2.00 $11.76 $13.00 $12.03 $0 $12.43 1998/99 1999/00 Actual Target 2000/01 2000/01
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OFFENDER MANAGEMENT AND PRISON SERVICES continued
AVERAGE TOTAL NUMBER OF PEOPLE ON Note: COMMUNITY-BASED ORDERS 5000 The increased number of adult offenders on community-based orders has been due to decisions of sentencing and releasing authorities. There have been no relevant changes to legislation or policy pertaining to these offenders. 4000
3000
2000
1000 4,215 4,200 4,852 0 4,297 1998/99 1999/00 Actual Target 2000/01 2000/01
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OFFENDER MANAGEMENT continued
RATE OF RETURN TO DETENTION KEY OUTPUT/SERVICE 60% 8. JUVENILE OFFENDERS MANAGED
Description 50% Juvenile offenders are managed in detention and in the community to fulfil the orders of the courts and through diversion from court programs. Juveniles participate in remedial, 40% educational and rehabilitation programs that address their offending behaviour.
30% EFFECTIVENESS
20% 8.1 Rate of return to detention The rate of return to detention is defined as the percentage of distinct1 juvenile offenders returning to sentenced detention within two years following release from sentenced 10% custody during the financial year two years ago. 54% 50% 53% 0% 52% This is a key indicator because changes in the rate of return to detention can reflect the 1998/99 1999/00 Actual Target 2000/01 2000/01 effectiveness of personal development activities and rehabilitation programs. The rate of return to detention is also dependent upon other factors such as sentencing legislation, changes in the nature of offences committed and the rate at which offenders on community orders are breached for non-compliance. Note: 1 Distinct offender means that an offender is counted only once, even if the offender re-enters the system several times.
8.2 Escape rate
This indicator measures the escape rate from all juvenile detention centres. It is a measure of the protection provided for the community through the provision of safe and secure custodial systems. It is also indicative of the application of effective management and assessment policies and practices.
This indicator is derived by calculating the number of escapes as a percentage of the daily average population.
Escape rate 1998/99 1999/00 Actual 2000/01 Target 2000/01 1.4%1 0.75%1 0%1 0%1
Note: 1 Total escapes as a percentage of daily average population reported according to adult correctional national standards.
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OFFENDER MANAGEMENT continued
SUCCESSFUL RELEASES FROM 8.3 Successful releases from detention DETENTION AT THEIR EARLIEST POSSIBLE RELEASE DATE This indicator measures the proportion of juvenile offenders released from detention at 100% their earliest possible release date. This provides an indication that offenders are adopting a law-abiding lifestyle and is also indicative of the application of effective management policies, practices and programs. 80% It is derived by calculating the number of juvenile offenders released at their earliest possible release date and incurring no additional sentences due to behaviour while in 60% custody, as a proportion of all releases from custody.
40%
20% 98% 95% 99% 0% 96% 1998/99 1999/00 Actual Target 2000/01 2000/01
SUCCESSFUL COMPLETION OF 8.4 Successful completion of community-based orders COMMUNITY BASED ORDERS Orders having run their full course without breach action finalised: 80% – Youth community based 70% – Intensive youth supervision – Intensive youth supervision (with detention) 60% – Supervised release orders 50% This provides an indication of the completion rate of community-based orders and an
40% offender’s responsible and law-abiding behaviour. The indicator is derived by calculating the number of orders successfully completed as a 30% proportion of all orders validly terminated, completed or expired. The rate is also
20% dependent upon the rate at which offenders are breached for non-compliance to the conditions of their orders. 10% 66% 65% 69% 0% 67% 1998/99 1999/00 Actual Target 2000/01 2000/01
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OFFENDER MANAGEMENT continued
JUVENILE JUSTICE TEAM – ACTION 8.5 Juvenile Justice Team – action plans completed PLANS COMPLETED 100% An action plan is a contract established by a Juvenile Justice Team and requires a young person to do certain things to make up for an offence. For example, a young person who has graffitied a wall may be on an action plan that requires him or her to repaint the wall. 80% The action plan has a due date on it, which specifies when the plan needs to be finalised.
The co-ordinator of the Juvenile Justice Team is required to record the outcomes of each
60% referral. The referring authority (i.e. the court or police) is advised in writing when an action plan is either successfully completed or not completed. Juvenile Justice Teams attempts to encourage and support young people to complete their action plan, the matter 40% only becoming a “failed action plan” when the young person fails to comply.
The Juvenile Justice Teams are a pre-court diversionary program aimed at ensuring minor 20% offences are dealt with in a manner commensurate with the offence and in a way that ensures young people are not drawn into the formal justice system unnecessarily. 95% 95% 0% 95% 1999/00 Actual Target 2000/01 2000/01
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OFFENDER MANAGEMENT continued
COST PER DAY OF KEEPING A EFFICIENCY JUVENILE OFFENDER IN DETENTION $600 8.6 Cost per day of keeping a juvenile offender in detention This indicator measures the unit cost of managing a juvenile offender in detention. It is $500 calculated by dividing the total cost of managing a juvenile offender in detention by the daily average population. $400 Note: The increase in unit cost in 2000/01 can be explained as the combined effects of the $300 following. The total accrual cost of juveniles in custody was $22.8m in 2000/01. By comparison, in 1999/2000 the total accrual cost was $21.4m. Analysis of the accounts
$200 shows that the operational costs of the custodial facilities were similar in both years. The major contributor to the increased costs in 2000/01 was the change in the allocation amounts of centrally provided services between community and custodial facilities. In $100 addition: $437.64 $520.68 $439.00 $406.12 (a) In 2000/01, Rangeview Remand Centre commenced a redevelopment project to $0 1998/99 1999/00 Actual Target improve facilities. Recurrent expenditure attributed to this project was $473,000. 2000/01 2000/01 (b) The daily average population in juvenile facilities was lower than previous year’s population. This was partly due to the opening of a regional supervised bail program and the deferred bench warrant programs. The daily average number of juveniles on the regional supervised bail program was 6 in 2000/01. Although there were costs DAILY AVERAGE POPULATION 150 associated with running the bail facilities, these juveniles were not included in the daily average population of the custodial facilities in calculating the cost per day of keeping a juvenile offender in detention. 120
90
60
30 134 120 145 0 142 1998/99 1999/00 Actual Target 2000/01 2000/01
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OFFENDER MANAGEMENT continued
COST PER DAY OF MANAGING A 8.7 Cost per day of managing a juvenile offender through community JUVENILE OFFENDER THROUGH COMMUNITY SUPERVISION supervision $80.00 This indicator measures the unit cost of managing a juvenile offender through community supervision. It is calculated by dividing the total cost of managing a juvenile offender $70.00 through community supervision by the daily average number of offenders supervised.
$60.00 Note: The calculation methodology of this indicator was altered in 1999/00 to exclude the costs $50.00 and number of clients of Juvenile Community Funding, Juvenile Justice Teams, Juvenile
$40.00 Court Services and Killara. These services are related to prevention and diversion outcomes and are provided to young people who have not come into contact with the court system $30.00 therefore there are no court orders. As participation in the programs is on a voluntary basis, these young people are not included among offenders who have court orders for community $20.00 supervision. Therefore, figures from 1999/00 onwards are not directly comparable to
$10.00 1998/99. Performance of the prevention and diversion outcome is reported through ’Juvenile Justice Team – action plans completed’ indicator (indicator number 8.5). $73.09 $69.50 $33.00 $29.20 $0 The chnage in methodology occurred after the 2000/01 budget submission – therefore the 1998/99 1999/00 Actual Target 2000/01 2000/01 target set for 2000/01 did not factor in the change.
Daily average number of juveniles on community orders 1998/99 1999/00 Actual 2000/01 Target 2000/01 1497 512 529 1,300
Note: In parallel to the above note, the figures for 1999/00 and onwards excludes prevention and diversion clients.
PAGE 104 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OFFICE OF THE PUBLIC ADVOCATE
2000/01 PERFORMANCE INDICATORS SUMMARY BY OUTPUT
OUTPUT 9: ADVOCACY AND GUARDIANSHIP SERVICES
Effectiveness 9.1 The proportion of customers provided with advocacy relative to the number of people in need of service.
9.2 The extent to which advocacy service recommendations are accepted by the Guardianship and Administration Board.
9.3 The extent to which the problem precipitating the need for the Public Advocate to be appointed as guardian of last resort has been resolved.
Timeliness 9.4 Percentage of advocacy cases completed within eight weeks.
9.5 Guardian of last resort appointments allocated within one working day.
Efficiency 9.6 Average cost per case of providing advocacy and guardianship services.
PAGE 105 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OFFICE OF THE PUBLIC ADVOCATE continued
KEY OUTPUT/SERVICE 9. ADVOCACY AND GUARDIANSHIP SERVICES
In any society, a community’s ability to care for those who are unable to care for themselves is a measure of its maturity. In Western Australia, the maintenance of a safe and orderly community requires that the State protects the rights of adults with reduced decision-making abilities, and reduces the incidence of risk, neglect and exploitation. The Public Advocate represents and advances the best interests of people with decision-making disabilities both at hearings for the appointment of a guardian and in the community.
Description To represent and advance the best interests of people with decision-making disabilities both at hearings for the appointment of a guardian and/or an administrator in the community and to investigate complaints or allegations of abuse, exploitation or neglect. To provide guardianship services, when the appointment of a guardian is considered necessary and there is no one else suitable or available to take the role.
EFFECTIVENESS
PROPORTION OF CUSTOMERS PROVIDED 9.1. The proportion of customers provided with advocacy relative to the WITH ADVOCACY RELATIVE TO THE NUMBER OF PEOPLE IN NEED OF SERVICE number of people in need of service 100% This indicator measures the ability to service clients identified as requiring advocacy and is
90% considered a key indicator because it indicates the extent to which the office is able to protect the rights of adults with decision-making disabilities and reducing the risk of 80% neglect, exploitation or abuse. This measure is important as it demonstrates the extent to 70% which the office is able to uphold the rights and dignity of those identified as being the
60% most vulnerable. The more customers who are provided with advocacy services the more the customers are protected. 50% The office receives a copy of all applications from the Guardianship and Administration 40% Board. The Deputy Public Advocate identifies cases requiring advocacy, assesses their 30% priority and allocates the highest priority cases to guardians and investigators. Those cases
20% not able to be allocated are placed on a waitlist.
10% The indicator is derived by dividing the number of cases provided with advocacy, by the 74% 70% 86% 86% number of people identified as requiring advocacy. The identification for the need for 0% 1998/99 1999/00 Actual Target advocacy is undertaken by the Office of the Public Advocate. All applications that are 2000/01 2000/01 provided to the Office of the Public Advocate have been assessed for the need for advocacy. Notes: 1. With the trend of increasing demand for both Advocacy and Guardianship Services, the office is required to provide every guardianship service when required. This results in a decreased ability to provide advocacy services.
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OFFICE OF THE PUBLIC ADVOCATE continued
EXTENT TO WHICH ADVOCACY 9.2. The extent to which advocacy service recommendations are SERVICE RECOMMENDATIONS ARE ACCEPTED BY THE BOARD accepted by the Guardianship and Administration Board 100% This indicator measures the extent to which the advocacy service meets the needs of
90% people with decision-making disabilities in determining their best interests.
80% Guardians and investigators advocate on behalf of proposed represented people or represented people, by providing comprehensive information and recommendations to the 70% Guardianship and Administration Board. This enables the board to make an informed 60% decision in the proposed represented person’s best interests.
50% A key measure of the success of advocacy is the acceptance of the office’s 40% recommendations because recommendations are based on “best interest” principles enshrined in the Guardianship and Administration Act. 30%
20% The proportion of advocacy recommendations accepted by the Guardianship and Administration Board in 2000/01 was higher than previous years. The office has exceeded 10% the target set for 2000/01. 94% 97% 92% 0% 93.4% 1998/99 1999/00 Actual Target 2000/01 2000/01 9.3 The extent to which the problem precipitating the need for the Public Advocate to be appointed as Guardian of Last Resort has been resolved This measures the extent to which the office provided appropriate guardianship services when appointed to do so. THE EXTENT TO WHICH THE PROBLEM PRECIPITATING THE NEED FOR THE PUBLIC The Public Advocate is appointed by the Guardianship and Administration Board as ADVOCATE TO BE APPOINTED AS GUARDIAN guardian of last resort when it is considered necessary and where no one else is suitable or OF LAST RESORT HAS BEEN RESOLVED available to take on the role of substitute decision-maker on behalf of a person with a 100% decision-making disability. 90% The outcome of cases for which the Public Advocate is appointed guardian of last resort is 80% measured by the success in ensuring as much autonomy and respect for the wishes of the 70% proposed represented person as possible. Resolutions of problems range from protecting
60% the represented person from neglect, abuse or exploitation, resolving conflict over major lifestyle decisions and providing legal consent. 50% This is derived by dividing the number of resolved guardian of last resort (GLR) cases by 40% the total number of GLR cases, excluding those cases where the person died during the 30% period of review. Resolution occurs when the Public Advocate’s guardianship services
20% helped to resolve the problem prompting the initial application.
10% 95% 100% 90% 0% 92.8% 1998/99 1999/00 Actual Target 2000/01 2000/01
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OFFICE OF THE PUBLIC ADVOCATE continued
PERCENTAGE OF ADVOCACY CASES TIMELINESS COMPLETED WITHIN EIGHT WEEKS 100% 9.4 Percentage of advocacy cases completed within eight weeks 90% This indicator measures the ability to complete advocacy cases within eight weeks of being allocated. It is one of a key indicator that measures the promptness that a guardian or 80% investigator can represent and advance the best interest of people with a decision-making 70% disability who are not able to represent or advocate for themselves to assure their own best 60% interests.
50% This measure is based in the Guardianship and Administration Board’s best practice of
40% finalising a matter within eight weeks from receipt of the application to the hearing.
30% This indicator is derived by dividing the number of advocacy cases completed within eight weeks by the total number of advocacy cases allocated. 20% The office uses the Guardianship and Administration Board’s best practice of eight weeks, 10% however, there have been country circuit delays and an increasing number of cases of high 79% 86.5% 0% 78% 1999/00 Actual Target complexity. This, together with an increase in post-hearing directions, has contributed to 2000/01 2000/01 the low result, against the target of 86.5%.
GUARDIAN OF LAST RESORT APPOINTMENTS ALLOCATED WITHIN ONE WORKING DAY 9.5 Guardian of last resort appointments allocated within one 100% working day 90% This indicator measures the promptness of the office allocating a guardian to a represented 80% person in order to protect them from neglect, abuse or exploitation. A guardian is 70% appointed only when considered necessary, and when there is no one else suitable or available to take on this role. 60%
50% This indicator is based on the office’s best practice to ensure the needs of the represented person is met immediately. 40% This indicator is derived by dividing the number of guardianship cases allocated within 30% one day by the total number of guardianship cases allocated to guardians. 20%
10% 100% 100% 0% 98% 1999/00 Actual Target 2000/01 2000/01
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OFFICE OF THE PUBLIC ADVOCATE continued
AVERAGE COST PER CASE OF EFFICIENCY PROVIDING ADVOCACY AND GUARDIANSHIP SERVICES 9.6 Average cost per case of providing advocacy and guardianship $2500 services This indicator measures the cost per case of providing advocacy and guardianship services on behalf of people with decision-making disabilities. $2000 This indicator is calculated by dividing the total number of advocacy and guardianship output units by the total accrual cost of providing the service. Note: $1500 The target for 2000/01 was based on an estimated target output level in excess of actual output levels completed.
$1000 $2,241 $500 $2,448 2000/01 Target 2000/01
PAGE 109 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PUBLIC TRUST OFFICE
2000/01 PERFORMANCE INDICATORS SUMMARY BY OUTPUT
OUTPUT 10: TRUSTEE SERVICES
Effectiveness 10.1 Extent to which trust management services meet the needs of clients
10.2 Number of estates relative to the number of adult (18 years and over) deaths in Western Australia
10.3 Extent to which the Public Trustee maintains a market share in drawing wills naming the Public Trustee as executor
10.4 Percentage of estates finalised within 12 months of being reported
Efficiency 10.5 Cost per trust managed
10.6 Cost per deceased estate administered and cost per will prepared
PAGE 110 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PUBLIC TRUST OFFICE continued
Outcome: Equitable access to trustee services for all Western Australians
Equitable access to trustee services for all Western Australians is a crucial element in maintaining an orderly environment, and is the responsibility of the Public Trust Office.
The Public Trustee is a statutory authority within the Provisions of the Financial Administration and Audit Act. The Public Trustee provides a funds management and investment service through the operations of the common fund, an authorised trustee investment backed by the State Government, and acts as financial administrator pursuant to the orders of court and tribunals. It also administers the estates of people who die with or without a will, in accordance with the terms of the will or the relevant law and under the authority of the Supreme Court.
The Public Trustee offers a high quality, personalised trustee services to meet the needs of all sectors of the Western Australian community.
“Trustee services” includes: • Administering estates of people who die with or without a will (estate administration) • Managing the financial affairs of people who are unable to manage their financial affairs or for people seeking assistance (trust management) • Preparing wills and powers of attorney for people who are willing to appoint the Public Trustee as their executor or agent (wills)
These services are available to all Western Australians irrespective of profitability or complexity.
Key performance indicators have been selected to measure the office’s effectiveness and efficiency in fulfilling the duties of the Public Trustee Act.
PAGE 111 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PUBLIC TRUST OFFICE continued
KEY OUTPUT/SERVICE 10. TRUSTEE SERVICES
Description The management of the financial affairs of people who are unable to manage their funds, or for people seeking assistance.
Trust management also includes the administration of estates of people who die with or without a will, in accordance with the terms of the will or the relevant law and under the authority of the Supreme Court.
EFFECTIVENESS
EXTENT TO WHICH TRUST MANAGEMENT SERVICES MEET THE 10.1. Extent to which trust management services meets the needs of NEEDS OF CUSTOMERS clients 100% This indicator measures the level of client satisfaction with the quality of trust 90% management services provided. This year Patterson Market Research was engaged again to
80% conduct a telephone survey among a random sample of the Public Trustee client base. The sample client base parameters consisted of (a) clients who were aged between 18 and 80 70% years, (b) clients who had an account that was current during the 2000/01 financial year, 60% (c) clients who were capable of making meaningful comment ie. those who were known
50% not to be suffering from dementia or in a comatose state etc.
40% Based on the above definition, the total population of the survey was 3,080 clients, of which 1,259 were randomly selected representing a cross-section of clients who use the 30% various trustee services provided by the Public Trustee. 20% Notes: 10% 1. The survey covered several criteria of customer satisfaction, including aspects of reliability 88% 75% 78% 0% 69% and customer service attributes. Of these a decline was experienced in the former and 1998/99 1999/00 Actual Target 2000/01 2000/01 customer service attributes remained on par with the previous financial year. 2. External consultants once again conducted the survey for 2000/01. Total survey population was 1,259 with 400 respondents, yielding a sampling error of + or - 4.76% at 95% confidence. This was a notable improvement from the previous year’s market research accuracy figures. The response rate in 2000/01 was 31.8%, which is an improvement of 13.4% from 1999/00.
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PUBLIC TRUST OFFICE continued
NUMBER OF ADULT DEATHS, NUMBER 10.2 Number of estates relative to the number of adult (18 years and OF DECEASED ESTATES REFERRED over) deaths in Western Australia 12000 This indicator measures the Public Trust Office’s performance in the market in order to monitor its success in providing an estate administration service for all Western 10000 Australians.
8000 The Public Trustee administers estates regardless of whether it is appointed executor or not. Some estates may not require formal administration but still require work to be undertaken so that assets are registered in the survivor’s or beneficiary’s 6000 name, eg joint assets, nominal bank accounts.
4000 The indicator represents the number of estates/deaths reported as a percentage of the number of adult deaths in WA.
2000 In 2000/01, 1,923 estates were referred to the office. 19% of all estates of people who died in 2000/01 were referred to the Public Trustee either as executor of the estate or the 2295 2443 1923 2397 0 10582 10806 10301 N/A beneficiaries of the estate sought the assistance of the office. The office aimed to reach a 1998/99 1999/00 Actual Target 2000/01 2000/01 target of 25%. Number of adult deaths in WA Number of deceased estates referred
Number of estates relative to the number of adult (18 years and over) deaths in WA 1998/99 1999/00 Actual 2000/01 Target 2000/01 22% 23% 19% 25%
Notes: 1. The reduction in deceased estates referred can be attributed to the increasing number of solicitors or private people being appointed executor of an estate.
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PUBLIC TRUST OFFICE continued
10.3 Extent to which the Public Trustee maintains a market share in drawing wills naming the Public Trustee as executor This indicator measures the Public Trust Office’s performance in the market in order to monitor its success in providing a will preparation service for all Western Australians.
The Public Trustee operates in a commercial environment offering services which can be provided by any number of professional service providers.
This indicator represents the number of people who died during the year who had a will prepared naming the Public Trustee as executor and is shown as a percentage of the total number of adult deaths in WA.
In 2000/01, the Public Trustee administered 1666 estates naming the Public Trustee as executor. The Public Trustee’s market share for this period was 16%.
Extent to which Public Trustee maintains a market share in drawing Wills naming the Public Trustee as executor 1998/99 1999/00 Actual 2000/01 Target 2000/01 18% 20% 16% 20%
NUMBER OF ADULT DEATHS, NUMBER Note: OF ESTATES IN WHICH THE PUBLIC TRUSTEE HAD PREPARED A WILL 1. The reduction in market share is directly attributable to the increasing numbers of estates 12000 being administered by solicitors and private people. It has become an increasing trend for clients to select alternative forms of executorship, thereby reducing the number of referred 10000 estates for administration.
8000
6000
4000
2000 1929 2125 1666 2161 0 10582 10806 10301 N/A 1998/99 1999/00 Actual Target 2000/01 2000/01 Number of adult deaths in WA Number of estates in which the Public Trustee had prepared a Will.
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PUBLIC TRUST OFFICE continued
PERCENTAGE OF ESTATES FINALISED 10.4 Percentage of estates finalised within 12 months of being WITHIN 12 MONTHS OF BEING REPORTED 80% reported This indicator provides a measure of success, from a client’s perspective, of the average 70% time taken to administer an estate.
60% In 2000/01, 76% of all estates reported for administration were finalised within 12 months. Issues such as life interests, taxation, family disputes and testator family 50% maintenance actions contribute to the time taken to administer an estate and these are 40% outside the control of the Public Trust Office. The average time taken to complete an estate, if finalised within 12 months, was 5.8 30% months, based on the date final payment was made. 20%
10% 68% 54% 69% 53% 76% 62% 75% 65% 0% 33% 29% 42% 49% 1998/99 1999/00 Actual Target 2000/01 2000/01 Within 12 months EFFICIENCY Within 6 months Within 9 months 10.5 Cost per trust managed
This indicator measures the cost of managing a trust. It is calculated by dividing the total cost of providing trust management services by the number of trusts under management.
This indicator is presented in an index format. The base year of 1994/95 was set at 100. Notes: 1. The lower-than-expected result is attributed to the expenditure delays relating to the efficiency and service improvement program.
COST PER TRUST MANAGED NUMBER OF TRUSTS MANAGED 250 6000
5000 200
4000 150
3000
100 2000
50 1000 5069 4785 5069 3928 186 209 217 0 176 0 1998/99 1999/00 Actual Target 1998/99 1999/00 Actual Target 2000/01 2000/01 2000/01 2000/01
PAGE 115 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PUBLIC TRUST OFFICE continued
COST PER DECEASED 10.6 Cost per deceased estate administered and cost per will prepared ESTATE ADMINISTERED 250 The deceased estate administration service comprises two main cost areas. The indicator has been separated to provide a clear indication of the costs involved.
This indicator is presented in an index format. The base index of 100 was set in 1994/95. 200 Cost per deceased estate administered Notes: 150 1. The lower-than-expected result is attributed to the expenditure delays relating to the efficiency and service improvement program.
100 Cost per will prepared Notes: 1. The cost of preparing a will has increased due to a decline in the number of wills prepared 50 during 2000/01. The cost is calculated by the actual cost of operating the wills section divided by the number of wills. 198 188 213 0 134 Number of wills prepared 1998/99 1999/00 Actual Target 2000/01 2000/01 Notes: 1. The reduction in the number of wills prepared is attributed to reduced expenditure on advertising.
NUMBER OF DECEASED ESTATES ADMINISTERED COST PER WILL PREPARED NUMBER OF WILLS PREPARED 5000 200 8000
7000 4000 150 6000
5000 3000
100 4000
2000 3000
50 2000 1000 1000 3135 3227 3135 4252 146 180 147 7159 4849 6500 108 0 0 0 7673 1998/99 1999/00 Actual Target 1998/99 1999/00 Actual Target 1998/99 1999/00 Actual Target 2000/01 2000/01 2000/01 2000/01 2000/01 2000/01
PAGE 116 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
REGISTRY OF BIRTHS, DEATHS AND MARRIAGES
2000/01 PERFORMANCE INDICATORS SUMMARY BY OUTPUT
OUTPUT 11: REGISTRATION SERVICES
Effectiveness 11.1 Extent to which source birth, death and marriage information is recorded error-free.
11.2 Extent to which confidentiality (privacy) of the records is preserved.
Efficiency 11.3 Average cost of creating, maintaining, issuing information from and storing each record.
OUTPUT 12: CIVIL MARRIAGES
Effectiveness 12.1 The extent to which the registry is providing an alternative to marraige by a minister of religion or other civil celebrant.
Efficiency 12.2 Average cost per marriage performed.
PAGE 117 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
REGISTRY OF BIRTHS, DEATHS AND MARRIAGES continued
KEY OUTPUT/SERVICE 11. REGISTRATION SERVICES The security, integrity and preservation of birth, death and marriage records is an essential component of an orderly community.
Description
Creates and ensures permanent storage of birth, death and marriage records enabling members of the public to obtain documentary proof of these key life events for legal, personal and historical purposes and for approved organisations to obtain authorised information for research and records.
EFFECTIVENESS
11.1 Extent to which source birth, death and marriage information is recorded error-free This indicator measures the percentage of new births, deaths and marriages which were accurately recorded by the registry but does not include incorrect source information provided by customers. This is a key performance indicator because the registry is the creator and custodian of vital records and the public must have confidence that records are accurate and reliable.
There is immediate feedback on whether an error has been made on death registrations, as a certificate is always needed for estate settlement. However, any errors made on birth or marriage certificates are not immediately detected, as these certificates may not be requested for many years after registration. As the processes for recording births, deaths and marriages are identical, the number of errors in death registrations is considered representative of all three registration types.
When an error is detected, the registrar must give written authorisation to correct it. This indicator is calculated by totalling the number of accurate death registrations for the year, divided by the total number of deaths registered for the year, expressed as a percentage.
Extent to which source birth, death and marriage information is recorded error-free 1998/99 1999/00 Actual 2000/01 Target 2000/01 99.98% 99.56% 99.50% 99.06%
11.2 Extent to which confidentiality (privacy) of the records is preserved This indicator records the extent to which the registry keeps the personal records of individuals private – that is, the extent to which proper discretion is exercised in the release of information. This is a key performance indicator because it allows the public to assess the degree of risk involved, given that privacy of information is a sensitive individual and community issue.
The ratio of complaints about the improper (mistaken or unauthorised) release of information to the total number of documents issued is expressed as a percentage.
All complaints are recorded and tallied. The number of documents issued is ascertained from daily cash receipts and a record of interfax applications received from outstations. Only Perth office statistics are recorded, as 98% of all documents are issued from there.
Extent to which confidentiality of the records is preserved 1998/99 1999/00 Actual 2000/01 Target 2000/01 99.98% 99.96% 99.98% 99.93%
PAGE 118 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
REGISTRY OF BIRTHS, DEATHS AND MARRIAGES continued
AVERAGE COST OF CREATING, MAINTAINING, EFFICIENCY ISSUING INFORMATION FROM AND STORING EACH RECORD 11.3. Average cost of creating, maintaining, issuing information from $1.50 and storing each record The registry has maintained a database of birth, death and marriage records since its
$1.20 establishment in 1841. These are either in paper registers, on microfilm or on computer. This indicator measures the unit cost of creating, amending, issuing information from and storing records indefinitely. $0.90 To obtain this measure, the total cost of providing registration services is divided by the total number of registration services provided plus the number of records in the database.
$0.60 Notes: 1. The reason for the increase from 1999/00 to 2000/01 is that significant expenditure was
$0.30 incurred in development of a replacement birth death & marriage registration system, known as WARS2000. 2. Actual result for 2000/01 was 8% under target cost due to an overestimation of total costs $1.07 $1.20 $1.29 $0.0 $1.07 1998/99 1999/00 Actual Target of $293,000 2000/01 2000/01 KEY OUTPUT/SERVICE 12. CIVIL MARRIAGES
This output contributes to an orderly community by offering marriage services performed in accordance with the Marriage Act 1961 (Cwth).
Description The provision of facilities for the conduct of marriage in a registry office as an alternative to marriage by other celebrants.
EFFECTIVENESS
NUMBER OF REGISTRATION SERVICES 12.1. The extent to which the registry is providing an alternative to INCLUDING RECORDS HELD IN STORAGE marriage by a minister of religion or other civil celebrant 3,500,00 This indicator identifies the percentage of couples married in Western Australia who prefer their ceremony to be performed in a registry office rather than a church or 3000,00 private venue.
2,500,00 It is a key performance indicator because it measures the extent to which the registry is providing an alternative. The registry’s objective is not to generate market share or to be 2,000,00 competing with other marriage arrangements. It exists only to provide an alternative marriage ceremony. 1,500,00 It is calculated by dividing the number of marriages performed in all District Registrar’s 1,000,00 offices by the total number of marriages performed by all types of celebrants and expressing the result as a percentage. 500,00 Notes: 3,036,000 3,085,000 3,082,000 2,983,00 Actual numbers: 1998/99 Marriages registered 10500; Registry ceremonies 915 0 1998/99 1999/00 Actual Target 2000/01 2000/01 1999/00 Marriages registered 10741; Registry ceremonies 826 2000/01 Marriages registered 10256; Registry ceremonies 811
PAGE 119 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
REGISTRY OF BIRTHS, DEATHS AND MARRIAGES continued
PERCENTAGE OF ALL MARRIAGES EFFICIENCY PERFORMED BY REGISTRY CELEBRANTS 10% 12.2. Average cost per marriage performed
This indicator provides a unit cost of performing each marriage in the Perth registry. 8% Regional registrars rarely perform marriages and the office does not bear any costs associated with registry work in outstations.
The total cost of providing civil marriage services is divided by the number of marriages 6% performed. The number of marriages performed is extracted from the in-house computer data base. Costs vary from year-to-year mainly as a result of demand. 4% Notes: 1. Cost per marriage can vary considerably from year to year simply because of the relatively 2% small number of marriages performed (i.e. small variation in the numbers can have a disproportionate effect on the PI figure). Corporate service & other accrual costs changes which are not within the control of the registry can similarly affect the P.I. outcome. A 7.7% 7.9% 0% 8.7% 1998/99 1999/00 2000/01 reduction in the number of marriages performed in the registry and an increase in corporate service costs accounted for the increase in unit cost in 1999/00. 2. In 2000/01, there were 70 fewer marriages than expected and total costs were $33,000 less than anticipated.
AVERAGE COST PER NUMBER OF CIVIL MARRIAGES MARRIAGE PERFORMED PERFORMED IN THE PERTH OFFICE $200 1000
800 $150
600
$100
400
$50 200 $186 $171 $195 803 785 $150 855 $0 0 885 1998/99 1999/00 Actual Target 1998/99 1999/00 Actual Target 2000/01 2000/01 2000/01 2000/01
PAGE 120 unaudited performance indicators PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
REGISTRY OF BIRTHS, DEATHS AND MARRIAGES continued
EXTENT TO WHICH REGISTRATION SERVICES UNAUDITED PERFORMANCE INFORMATION: REGISTRY OF MEET THE NEEDS OF CUSTOMERS BIRTHS, DEATHS & MARRIAGES 100 Output 11: Registration Services Extent to which registration services meet the needs of customers 80 This indicator measures the percentage of registration services customers who believe their needs are being met. The vision of the Registry of Births, Deaths and Marriages is to be a 60 progressive, customer-focussed organisation that provides value-for-money products and services. The registry assesses its performance through a customer survey, conducted annually by randomly selecting clients. 40 Clients are requested to provide feedback on the quality of the registry’s services as measured through the timeliness, accuracy, security and accessibility of staff, 20 facilities, products and services and to indicate the extent to which these factors are important to them. 89% 89% 89% 88% 0 91% 89% 88% 90% During 2000/01, 1300 randomly selected customers, out of approximately 110,000 1998/99 1999/00 2000/01 Target 2000/01 customers, were surveyed by mail. The response rate was 21%. Needs met Client satisfaction The survey methodology is consistent with that taken in previous years.
EXTENT TO WHICH REGISTRATION AND Extent to which registration and certificate services are provided within time CERTIFICATE SERVICES ARE PROVIDED WITHIN TIME STANDARDS standards. 100% This indicator measures the percentage of births, deaths and marriages registered within a time standard from receipt of the notification form and the percentage of certificates issued within a time standard from receipt of an application form. This performance 80% indicator provide an insight into the integrity of the registry through its capacity to satisfy the public’s need for timely, official evidence of personally important events.
60% For registration services, the time standards for registering new births, deaths and marriages are four days, three days and six days respectively. The indicator is derived from a random sample taken on specified days of the month and comparing the receipt and 40% registration dates. The sample taken is: 100 of approx. 2,000 births per month; 50 of approx. 1,000 deaths per month; and 50 of approx. 1,000 marriages per month.
20% For certificate services, the indicator measures the percentage of documents issued from the Perth registry within two days of request. This is obtained by sampling application-in 70% 86% 98% 98% 99% 65% 96% 91% 67% 91% 99% 100% 92% 99% 96% 93% 0% and certificate-out data over six days in a month for mail applications, and by recording 1998/99 1999/00 2000/01 Target 2000/01 results every day for faxed and in-person applications. Births Registered Deaths Registered Notes: Marriages Registered Perth issued certificates 1. Time standards include: • Births registered – four days • Deaths registered – three days • Marriages registered – six days • Perth issued certificates – two days 2. Variation between births registered 1998/99 and 1999/00 due to staff shortages through resignations and abnormal leave commitments in 1998/99. Death registrations are always given first priority with staff resources and work scheduling.
PAGE 121 unaudited performance indicators PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
REGISTRY OF BIRTHS, DEATHS AND MARRIAGES continued
EXTENT TO WHICH MARRIAGE SERVICES Output 12: Civil Marriages MEET THE NEEDS OF CUSTOMERS 100% Extent to which marriage services meet the needs of customers
This indicator measures the percentage of customers who believe their needs are being met
80% by the range of marriage services provided. As feedback is essential to ensure that quality marriage services are being provided, the registry assesses its performance through a customer survey. 60% Clients are requested to provide feedback on the quality of the registry’s services as measured through the timeliness, accuracy, security and accessibility of staff, 40% facilities, products and services and to indicate the extent to which these factors are important to them.
20% In 2000/01, 785 Perth registry marriages were registered. 637 couples were surveyed by mail and 30% responded. 88% 86% 86% 89% 89% 88% 89% 90% The survey methodology is consistent with that taken in previous years. 0% 1998/99 1999/00 2000/01 Target 2000/01
Needs met Client satisfaction
PAGE 122 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
LEGAL AID
2000/01 PERFORMANCE INDICATORS SUMMARY BY OUTPUT
OUTPUT 14: LEGAL SERVICES
Effectiveness 14.1 The extent to which legal services are accessible to the general community and target groups
14.2 Percentage of clients satisfied with the service provided
Efficiency 14.3 Cost per advice
PAGE 123 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
LEGAL AID continued
KEY OUTPUT/SERVICE: 14. LEGAL AID ASSISTANCE The hallmark of a safe and orderly community is that every community member should have access to legal representation.
This contributes to an orderly community by ensuring that the community and target groups are provided with quality legal services. Legal advice, duty lawyer services and community legal education helps the wider community access fair solutions to legal problems at the earliest opportunity.
Description Services are provided through Legal Aid to ensure: the community and target groups have access to, and are provided with quality legal services.
This is achieved through the provision of a range of services designed to meet the different needs of the community and specific target groups. Services include: • General information and advice to the community, for example, via a telephone information service, or where necessary, via a duty lawyer service • Legal assistance, for example, offering self-help advice to clients to help them resolve a legal problem, or providing an out-reach preliminary consultation service • Legal representation, where in special circumstances and when no other solution is considered appropriate, a person may be recognised as in need of assistance
The form and extent of assistance provided through Legal Aid is regulated by policies and procedures relating to clients’ means, the nature and seriousness of their legal problem and the availability of resources.
The following performance indicators have been provided by Legal Aid and are reported within the Commission’s separate report to Parliament.
EFFECTIVENESS
14.1. The extent to which legal services are accessible to the general community and target groups The two key aspects of the outcome sought by Legal Aid as a result of the services provided are ‘access to legal services’ and ‘service quality’.
Access to legal services is measured by Legal Aid in terms of: • The extent to which legal services are made available to the general community and to target groups • The extent to which the general community and target groups use the available services
The quality of legal services is measured by Legal Aid in terms of client satisfaction with particular aspects of service delivery, for example the effect the assistance had in helping them understand their legal situation, and how well they believed the lawyer represented them in court.
The purpose of reporting the following the performance indicators is to enable Government and the community to monitor the effectiveness and efficiency of Legal Aid in achieving its agreed outcome.
PAGE 124 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
LEGAL AID continued
The extent to which legal services are made available to the general community and to target groups (based on occasions of service) 1998/99 1999/00 2000/01 Community services Percentage of all services where no eligibility restrictions apply to regulate access1 72% 75% 75% Target group services Applications approved for a grant of aid as a percentage of all applications received 2 72% 68% 68% Applications approved for a grant of aid to pursue non-litigation resolution as a percentage of all grants of aid approved (family law only) 3 13% 4% 18% The extent to which the general community and target groups use the available services (based on occasions of service/1000 pop. *) 1998/99 1999/00 2000/01 Community services Usage rate for telephone information and community education services4 31.7 35 37.7 Usage rate for duty lawyer services 15.7 14.8 15.8 Target group services Usage rate for legal advice services 5 12.8 12.3 13.2 Usage rate for legal representation services 6 5.2 4.7 4.7
* Figures based on population estimates at December 2000, 1999, 1998, respectively. Source: Australian Bureau of Statistics
Notes: 1. Services where no eligibility criteria apply to regulate access include telephone information services, community education services and duty lawyer services. 2. Applicants for a grant of aid must satisfy certain criteria. 3. In areas of family law only, some applicants are assisted via a grant of aid to pursue a resolution through non-litigation options. 4. Telephone information and community education services include telephone information service in both Perth metropolitan and regional areas, policy advice sessions, community legal education and training, face-to-face consultation and Family Court information sessions. 5. Legal advice services include minor assistance where a solicitor or paralegal (under the supervision of a solicitor) provides personal assistance of up to three hours in drafting negotiation letters, applications and court documentation in most areas of law for non-complex matters. 6. Figures for legal representation services represent the number of cases where legal representation is supplied. A case is defined as an application for aid where a grant has been made.
PAGE 125 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
LEGAL AID continued
14.2. Percentage of clients satisfied with service provided Service quality was defined in terms of client satisfaction with the services provided. These service attributes were derived from discussions with commission staff as well as from observing duty lawyers in court. Questionnaire items were developed to be consistent with similar items used in previous years. Data for the 2000/01 indicator were collected via a telephone survey of 400 criminal law clients. The indicator is comprised of six items (five items for legal advice and minor assistance clients). The items asked respondents about:
How well their lawyer or adviser: (i) presented their case (legal representation) or explained their situation (duty lawyer) to the court. This item was not asked of legal advice and minor assistance clients; (ii) helped them to understand their legal position; (iii)listened to them when they were explaining their situation; (iv) explained what would happen next (legal advice and minor assistance), or explained what would happen in the court (legal representation and duty lawyer); The extent to which: (v) the advice they received was helpful And whether: (vi) they would use the same lawyer again.
Two different sets of four-point scales were used to record responses to these items (i.e.; very badly, fairly badly, fairly well, very well; and strongly disagree, disagree, agree, strongly agree). The two highest (most positive) points on the scale were used to calculate the overall percentage of 83% satisfied.
Data for the 1999/00 and 1998/99 indicators of service quality were obtained through a survey of 400 family law clients, 360 criminal law clients, and 400 family law clients respectively, using a similar set of service attributes to those above.
Percentage of clients satisfied with service provided 1998/99 1999/00 2000/01 Criminal 88% – 83% Family – 82% –
Client satisfaction data were collected via a telephone survey of a sample of criminal law clients. Four hundred (400) clients were interviewed using a proportionate stratified sampling frame, thus increasing the precision of the sample statistics over simple random sampling. The type of service clients received was used to stratify the sample that is, duty lawyer services, legal advice and minor assistance, and grants of aid for legal representation. The population and sample proportions are shown in the following table.
PAGE 126 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
LEGAL AID continued
Proportion of the sample surveyed according to type of service received (the stratification variable) compared with the population proportions Sample of Family Law All Family Law clients clients (proportion) (proportion) Type of service received: Duty Lawyer Services 0.65 0.65 Grants of aid for legal representation 0.19 0.19 Legal Aid Advice and Minor Assistance 0.16 0.16
Notes: 1. The standard error of the proportion was calculated at 0.018, producing a sampling precision of approximately ± 4% at the 95% confidence interval. That is, we can be 95% confident that the 83% satisfaction rate actually lies between 79% and 87%. 2. The total number of clients selected into the sample was 1,795. The number of interviews obtained was 400, while the number of clients declining to participate was 48 (including one client who did not speak English). Using these figures: • The number of clients interviewed as a percentage of the total number of clients contacted was 89%; and • The number of clients interviewed as a percentage of the total number of clients selected into the sample was 22%. 3. A further 48 clients were contacted, however the interviews were not conducted as while these clients’ names had been selected into the sample, they had not yet accessed (at the time of the survey) Legal Aid’s services, and were therefore not in a position to comment. 4. Reasons for non-contact with a client include disconnected telephone numbers, the client not being available (e.g., had left home, was in prison etc), engaged telephone lines, unanswered calls etc. At least three “call backs” were made to each residence in order to secure an interview bringing the total telephone calls made to all clients selected into the sample to 2,659. 5. Reliability of the client satisfaction scales - The three scales used to assess the satisfaction of clients are comprised of six items for the legal representation scale and the duty lawyer scale, and five items for the legal advice and minor assistance scale). Separate reliability coefficients (alpha) were calculated on the internal consistencies of the three scales. These are: • Legal representation a = .910 (n=66); • Duty lawyer services a = .907 (n=198); and • Legal advice and minor assistance a = .934 (n=56).
PAGE 127 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
LEGAL AID continued
EFFICIENCY
14.3. Cost per advice1
The efficiency of Legal Aid in providing services is measured in terms of the cost per occasion of service for each of the following business service outputs.
Business service outputs provided to the general community 1. Telephone advice line services 2. Face to face legal advisory services 3. Duty lawyer services
Business service outputs provided to specific target groups 1. Legal advice and minor assistance services 2. Assessment services for a grant of aid 3. Legal representation
1998/99 1999/00 2000/01 Cost per advice to the general community Telephone information line services2 $14.41 $19.33 $18.95 Face to face advisory service3 $46.15 $57.41 $36.30 Duty lawyer4 $61.89 $54.23 $56.67 Cost per advice to specific target groups Legal advice and minor assistance5 $75.30 $81.72 $78.19 For applications for a grant of aid $185.57 $195.82 $191.6 For grants of aid7 $258.67 $289.83 $280.82 Provision of legal representation8 $1,500.12 $1,793.81 $1,779.32
Notes: 1 Total expenditure for 2000/01 is $24,567,423. Of this, $1,036,918 could not be reliably attributed to specific service outputs (see table ‘Community service expenditure not attributed to specific outputs’) 2 2000/01 indicator includes Perth Infoline and regional services. Prior to 2000/01 indicator represents Perth Infoline only. 3 2000/01 expenditure of $250,355 for 6,896 occasions of service. 4 2000/01 expenditure of $1,700,709 for 30,009 occasions of service. 5 2000/01 expenditure of $1,957,180 for 25,030 occasions of service. Representing 2000/01 legal advice expenditure of $1,230,445 for 20,943 occasions of service (cost per occasion of service $58.75), and 2000/01 minor assistance expenditure of $726,735 for 4,087 occasions of service (cost per occasion of service $177.82). 6 2000/01 expenditure of $2,518,920 for 13,147 occasions of service. 7 2000/01 expenditure of $2,518,920 for 8,970 occasions of service. 8 2000/01 expenditure of $15,960,478 for 8,970 occasions of service.
PAGE 128 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
LEGAL AID continued
Service costs according to State and Commonwealth law matters 1 2000/01 State law matters 2000/01 C’wealth law matters Cost per Cost per Total Occasions occasion of Total Occasions occasion of cost $ of Service service $ cost $ of Service service $ Service outputs to the general community Provision of telephone information line services 562,015 32,191 17.46 580,848 28,104 20.67 Provision of face-to-face advisory services 179,055 3,860 46.39 71,300 3,036 23.48 Provision of duty lawyer services 1,673,873 29,523 56.70 26,836 486 55.22 Service outputs to specific target groups Legal advice and minor assistance services2 989,331 9,599 103.07 967,849 15,431 62.72 Assessment and file management costs in terms of applications for a grant of aid 1,442,289 8,794 164.01 1,076,631 4,353 247.33 Assessment and file management costs in terms of the number of grants of aid 1,442,289 6,195 232.81 1,076,631 2,775 387.98 Provision of legal representation 9,744,396 6,195 1,572.95 6,216,082 2,775 2,240.03
Community service expenditure not attributed to specific service outputs State Law matters C’wealth law matters $363,579 $673,339 Alternative dispute resolution 442 6,162 Community legal education 93,071 88,609 Policy advice 34,282 68,160 Publications 101,905 89,107 Community development 66,811 73,072 Services to Indian Ocean territories 326 125,186 Refugee tenders 367 145,146 Community Legal Centres – 76,489 Prison Visiting 66,375 1,408
Notes: 1 Total expenditure for 2000/01 is $24,567,423. Of this, $1,036,918 could not be reliably attributed to specific service outputs (see table ‘Community service expenditure not attributed to specific outputs’) 2 State law matters: representing 2000/01 legal advice expenditure of $697,026 for 8,365 occasions of service (unit cost $83.33), and 2000/01 minor assistance expenditure of $292,305 for 1,234 occasions of service (unit cost $236.88). Commonwealth law matters: representing 2000/01 legal advice expenditure of $533,419 for 12,578 occasions of service (unit cost $42.41), and 2000/01 minor assistance expenditure of PAGE 129 $434,430 for 2,853 occasions of service (unit cost $152.27). PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
POLICY AND LEGISLATION
2000/01 PERFORMANCE INDICATORS SUMMARY BY OUTPUT
OUTPUT 15: STRATEGIC POLICY INFORMATION AND LEGISLATIVE SERVICES
15.1 Average cost per strategic policy advice
15.2 Average cost per legislative advice
15.3 Average cost per strategic policy information project
15.4 Average cost per legislative services project
PAGE 130 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
POLICY AND LEGISLATION continued
KEY OUTPUT 15. STRATEGIC POLICY INFORMATION AND LEGISLATIVE SERVICES Strategic policy information and legislative services provide high-level expert strategic policy and legislative advice and information to Government to help set the direction of how to achieve a safe and orderly community.
Description:
Strategic policy information and legislative services are key justice services that meet the needs of the Attorney General, the Ministry of Justice, related agencies and the community.
Strategic policy information services contribute to a safe and orderly community through the provision and coordination of strategic policy information and development for the Director General, Attorney General, Ministry of Justice and other related agencies. Services also include the provision of analytical/statistical information to the Attorney General, Director General, Ministry of Justice and the community.
Legislative services contribute to a safe and orderly community by involvement in developing and instructing on new and amended legislation under the justice portfolio, coordinating the Attorney General’s legislative program, coordinating and undertaking national competition reviews and advising on legislative processes.
EFFICIENCY
15.1. Average cost per strategic policy advice
This indicator measures the cost of providing and developing strategic policy information services for the Director General, Attorney General, Ministry of Justice and other related agencies. It also measures the cost of analytical/statistical information to the Attorney General, Ministry of Justice and the community.
It is calculated by dividing the percentage of time spent on strategic policy advices with the total cost of Policy and Legislation (less commonwealth grants) by the number of strategic policy advices.
Average cost per advice 2000/01 Actual 2000/01 Target Strategic policy advice $5051 $2802
Quantity 2000/01 Actual 2000/01 Target Number of Strategic Policy advices 858 910
Note: 1. Based on a revised estimate of proportion of advisings and projects. Originally, set at 22.5/77.5 but additions of new project-only staff (eg Law Reform Commission) has meant a relative increase in project work at the expense of advisings. 2. This is a new output and without a history of financial costings, targets were established without a clear understanding of final full accrual costs. As a result, the actual figure is significantly higher than anticipated. PAGE 131 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
POLICY AND LEGISLATION continued
15.2. Average cost per legislative advice
This indicator measures the cost in developing, instructing and co-ordinating new and amended legislation under the justice portfolio and the Attorney General’s legislation program. It also measures the costs of coordinating and undertaking national competition reviews and advising on legislative processes.
It is calculated by dividing the percentage of time spent on legislative advices with the total cost of Policy and Legislation (less commonwealth grants) by the number of legislative advices.
Average cost per advice 2000/01 Actual 2000/01 Target Legislative advice $9221 $4702
Quantity 2000/01 Actual 2000/01 Target Number of Legislative advices 448 400
Note: 1. Based on a revised estimate of proportion of advisings and projects. Originally, set at 22.5/77.5 but additions of new project-only staff (eg Law Reform Commission) has meant a relative increase in project work at the expense of advisings. 2. This is a new output and without a history of financial costings, targets were established without a clear understanding of final full accrual costs. As a result, the actual figure is significantly higher than anticipated.
15.3. Average cost per strategic policy information projects
This indicator measures the cost in contributing to the provision, coordinating and developing of strategic policy information for the Director General, Attorney General, Ministry of Justice and other related agencies. It also measures the cost of analytical/statistical information to the Attorney General, Ministry of Justice and the community.
It is calculated by dividing the percentage of time spent on strategic policy information projects with the total cost of Policy and Legislation (less Commonwealth grants) by the number of strategic policy information projects.
Average cost per project 2000/01 Actual 2000/01 Target Strategic policy information projects $23,122 1 $11,900 2
Quantity 2000/01 Actual 2000/01 Target Number of strategic policy information projects 75 110
PAGE 132 PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
POLICY AND LEGISLATION continued
Note: 1. Based on a revised estimate of proportion of advisings and projects. Originally, set at 22.5/77.5 but additions of new project-only staff (eg Law Reform Commission) has meant a relative increase in project work at the expense of advisings. 2. This is a new output and without a history of financial costings, targets were established without a clear understanding of final full accrual costs. As a result, the actual figure is significantly higher than anticipated.
15.4. Average cost per legislative services projects
This indicator measures the cost in developing, instructing and co-ordinating new and amended legislation under the justice portfolio and the Attorney General’s legislation program. It also measures the costs of coordinating and undertaking National Competition Reviews and advising on legislative processes.
It is calculated by dividing the percentage of time spent on legislative services projects with the total cost of Policy and Legislation (less Commonwealth grants) by the number of legislative services projects.
Average cost per project 2000/01 Actual 2000/01 Target Legislative services projects $19,4461 $17,8002
Quantity 2000/01 Actual 2000/01 Target Number of Legislative services projects 84.75 60
Note: 1. Based on a revised estimate of proportion of advisings and projects. Originally, set at 22.5/77.5 but additions of new project-only staff (eg Law Reform Commission) has meant a relative increase in project work at the expense of advisings. 2. This is a new output and without a history of financial costings, targets were established without a clear understanding of final full accrual costs. As a result, the actual figure is significantly higher than anticipated.
PAGE 133 unaudited performance indicators PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
POLICY AND LEGISLATION continued
EFFECTIVENESS
15.5. The proportion of clients satisfied with the standard of strategic policy advisory services
The indicator measures the respondent’s level of satisfaction or dissatisfaction with the standard of strategic policy advisory services. It is measured by a client survey targeting the minister’s office, and the Ministry of Justice. The survey is conducted by telephone by an external consultant.
Proportion of clients satisfied with the standard of advice 2000/01 Actual 2000/01 Target Strategic policy advisory services 58% 75%
15.6. The proportion of clients satisfied with the standard of legislative advisory services
The indicator measures the respondent’s level of satisfaction or dissatisfaction with the standard of legislative advisory services. It is measured by a client survey targeting the minister’s office, and the Ministry of Justice. The survey is conducted by telephone by an external consultant.
Proportion of clients satisfied with the standard of advice 2000/01 Actual 2000/01 Target Legislative advisory services 61% 75%
15.7. The proportion of clients satisfied that project management quality standards have been adequately met for strategic policy information projects
This indicator measures the respondent’s level of satisfaction or dissatisfaction with the quality standards of strategic policy advisory services projects. It is measured by a client survey targeting the minister’s office, and the Ministry of Justice. The survey is conducted by telephone by an external consultant.
Proportion of clients satisfied that project management quality standards have been adequately met 2000/01 Actual 2000/01 Target Strategic policy information projects 51% 75%
PAGE 134 unaudited performance indicators PERFORMANCE INDICATORS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
POLICY AND LEGISLATION continued
15.8. The proportion of clients satisfied that project management quality standards have been adequately met for legislative services projects
This indicator measures the respondent’s level of satisfaction or dissatisfaction with the quality standards of legislative services projects. It is measured by a client survey targeting the minister’s office, and the Ministry of Justice. The survey is conducted by telephone by an external consultant.
Proportion of clients satisfied that project management quality standards have been adequately met 2000/01 Actual 2000/01 Target Legislative services projects 51% 75%
15.9. The proportion of clients satisfied with the timeliness of information and advice provided for strategic policy services
This indicator measures the respondent’s level of satisfaction or dissatisfaction with the overall timeliness of information and advice provided by strategic policy services. It is measured by a client survey targeting the minister’s office, and the Ministry of Justice. The survey is conducted by telephone by an external consultant.
Proportion of clients satisfied with the timeliness of information and advice 2000/01 Actual 2000/01 Target Strategic policy services advice 58% 75%
15.10. The proportion of clients satisfied with the timeliness of information and advice provided for legislative services
This indicator measures the respondent’s level of satisfaction or dissatisfaction with the overall timeliness of information and advice provided by legislative services. It is measured by a client survey targeting the minister’s office, and the Ministry of Justice. The survey is conducted by telephone by an external consultant.
Proportion of clients satisfied with the timeliness of information and advice 2000/01 Actual 2000/01 Target Legislative services advice 58% 75%
PAGE 135 CONTENTSFINANCIAL STATEMENTS. MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CONTENTS
Page no
Statement of certification ...... 138
Opinion of the Auditor General...... 139
Statement of financial performance ...... 140
Statement of financial position ...... 141
Statement of cash flows ...... 142
Output schedule of expenses and revenues ...... 143
Summary of consolidated fund appropriations and revenue estimates ...... 147
Notes to the financial statements...... 151
Statement of receipts and payments...... 182
Purpose of trust accounts and treasurer’s advances...... 183
Other statement of receipts and payments...... 185
PAGE 137 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
STATEMENT OF CERTIFICATION FOR THE YEAR ENDED 30 JUNE 2001
The accompanying financial statements of the Ministry of Justice have been prepared in compliance with the provisions of the Financial Administration and Audit Act 1985 from proper accounts and records to present fairly the financial transactions for the financial year ending 30 June 2001 and the financial position as at 30 June 2001.
At the date of signing we are not aware of any circumstances which would render the particulars included in the financial statements misleading or inaccurate.
Peter King Director Financial Management Principal Accounting Officer
Date: August 2001
Alan Piper Director General Accountable Officer
Date: August 2001
PAGE 138 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OPINION OF THE AUDITOR GENERAL
To the Parliament of Western Australia
Ministry of Justice Financial Statements for the year ended June 30, 2001
Scope
I have audited the accounts and financial statements of the Ministry of Justice for the year ended June 30, 2001 under the provisions of the Financial Administration and Audit Act 1985.
The Director General is responsible for keeping proper accounts and maintaining adequate systems of internal control, preparing and presenting the financial statements, and complying with the Act and other relevant written law. The primary responsibility for the detection, investigation and prevention of irregularities rests with the Director General.
My audit was performed in accordance with section 79 of the Act to form an opinion based on a reasonable level of assurance. The audit procedures included examining, on a test basis, the controls exercised by the Ministry to ensure financial regularity in accordance with legislative provisions, evidence to provide reasonable assurance that the amounts and other disclosures in the financial statements are free of material misstatement and the evaluation of accounting policies and significant accounting estimates. These procedures have been undertaken to form an opinion as to whether, in all material respects, the financial statements are presented fairly in accordance with Accounting Standards, other mandatory professional reporting requirements and the Treasurer’s Instructions so as to prevent a view which is consistent with my understanding of the Ministry’s financial position, the results of its operations and its cash flows.
The audit opinion expressed below has been formed on the above basis.
Audit Opinion
In my opinion (i) the controls exercised by the Ministry of Justice provide reasonable assurance that the receipt and expenditure of moneys and the acquisition and disposal of property and the incurring of liabilities have been in accordance with legislative provisions; and (ii) the Statement of Financial Performance, Statement of Financial Position, Statement of Cash Flows, Output Schedule of Expenses and Revenues and Summary of Consolidated Fund Appropriations and Revenue Estimates and the Notes to and forming part of the financial statements are based on proper accounts and present fairly in accordance with applicable Accounting Standards, other mandatory professional reporting requirements and the Treasurer’s Instructions, the financial position of the Ministry at June 30, 2001 and the results of its operations and its cash flows for the year then ended.
D D R Pearson Auditor General October 11, 2001
PAGE 139 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
STATEMENT OF FINANCIAL PERFORMANCE FOR THE YEAR ENDED 30 JUNE 2001
Notes 2000-01 1999-00 $’000 $’000
COST OF SERVICES Expenses from ordinary activities Employee expenses 4 254,427 243,377 Supplies and services 5 103,452 79,139 Depreciation and amortisation 6 21,815 24,504 Borrowing costs expense 7 475 9 Accommodation expenses 8 17,622 14,657 Grants and subsidies 9 39,073 37,105 Net loss on disposal of non-current assets 10 1,655 299 Assets expensed 11 – 5,828 Other expenses from ordinary activities 12 49,092 45,464 Total cost of services 487,611 450,382 Revenues from ordinary activities User charges and fees 13 29,772 28,324 Commonwealth grants and contributions 14 10,358 8,945 Other revenues from ordinary activities 15 14,336 14,657 Total revenues from ordinary activities 54,466 51,926
Net cost of services 433,145 398,456
REVENUES FROM GOVERNMENT Appropriations 16 399,585 432,292 Liabilities assumed by the Treasurer 17 26,187 17,999 Resources received free of charge 18 3,294 3,544 Total revenues from Government 429,066 453,835
CHANGE IN NET ASSETS BEFORE RESTRUCTURING (4,079) 55,379 Net revenues from restructuring 19 102,631 –
CHANGE IN NET ASSETS AFTER RESTRUCTURING 98,552 55,379 Net increase in asset revaluation reserve 3,270 110,925
TOTAL CHANGES IN EQUITY OTHER THAN THOSE RESULTING FROM TRANSACTIONS WITH OWNERS AS OWNERS 101,822 166,304
The Statement of Financial Performance should be read in conjunction with the accompanying notes.
PAGE 140 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2001
Notes 2000-01 1999-00 $’000 $’000
CURRENT ASSETS Cash assets 20 5,537 44,487 Restricted cash assets 21 5,245 4,982 Receivables 22 4,815 687 Other assets 23 4,167 419 Total current assets 19,764 50,575
NON-CURRENT ASSETS Property, plant and equipment 24 618,741 564,488 Total non-current assets 618,741 564,488
Total assets 638,505 615,063
CURRENT LIABILITIES Payables 25 12,454 7,180 Interest bearing liabilities 26 125 - Amounts due to the Treasurer 27 - 350 Provisions 28 36,108 35,983 Other liabilities 29 4,725 4,422 Total current liabilities 53,412 47,935
NON-CURRENT LIABILITIES Interest bearing liabilities 26 13,463 - Provisions 28 21,430 118,750 Total non-current liabilities 34,893 118,750
Total liabilities 88,305 166,685
EQUITY 30 Reserves 443,080 439,810 Accumulated surplus 107,120 8,568 Total equity 550,200 448,378
Total liabilities and equity 638,505 615,063
The Statement of Financial Position should be read in conjunction with the accompanying notes.
PAGE 141 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 30 JUNE 2001
Notes 2000-01 1999-00 $’000 $’000 Inflows Inflows (Outflows) (Outflows)
CASH FLOWS FROM GOVERNMENT Recurrent appropriations 356,421 325,173 Capital appropriations 43,164 107,119 Net cash provided by Government 399,585 432,292
Utilised as follows:
CASH FLOWS FROM OPERATING ACTIVITIES Payments Payments to suppliers and employees (423,469) (384,318) Borrowing costs (361) (9) GST payments (22,239) - Receipts Receipts from services 50,338 51,824 GST receipts 18,674 - Net cash (used in) / from operating activities 31 (c) (377,057) (332,503)
CASH FLOWS FROM INVESTING ACTIVITIES Payments for purchase of non-current assets 31 (b) (60,827) (77,633) Proceeds from the sale of non-current assets 254 13 Net cash (used in) / from investing activities (60,573) (77,620)
CASH FLOWS FROM FINANCING ACTIVITIES Proceeds from borrowings (Treasurer's Advance) - 350 Repayment of borrowings (Treasurer's Advance) (350) (360) Repayment of borrowings - (77) Repayment of finance lease principal (292) - Net cash (used in) / from financing activities (642) (87)
Net increase in cash held (38,687) 22,082 Cash at the beginning of the reporting period 49,469 27,387
Cash at the end of the reporting period 31 (a) 10,782 49,469
The Statement of Cash Flows should be read in conjunction with the accompanying notes.
PAGE 142 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OUTPUT SCHEDULE OF EXPENSES AND REVENUES FOR THE YEAR ENDED 30 JUNE 2001 OUTPUT 1 OUTPUT 2 OUTPUT 3 OUTPUT 4 Judiciary & Enforcement of criminal Admin of victim support judicial support Case processing & civil court orders & counselling services (3,399) (11,204) (12,998) (4,007) 2,869 5,972 (161) (871) 40,631 41,214 65,305 74,864 41,214 40,631 (1,613) 1,592 2,667 2,299 99,232 (11,204) (12,998) (4,007) 2,869 5,972 (161) (871) $'000 $'000 $'000 $'000 $'000 $'000 $'000 2000-01 1999-00 2000-01 1999-00 2000-01 1999-00 1999-00 2000-01 Employee expensesDepreciation and amortisationBorrowing costs expenseNet loss on disposal of non-current assetsAssets expensedOther expenses from ordinary activities - 4 35,758 4,301 38,244 - - Revenues 4,976 - 26,644 52,369 853 6,310 - 19,421 47,043 - 228 7,142 1,939 475 3,512 - 2,702 3,625 4 - - 1,095 18,563 - 7,984 6,699 1,042 20,494 2,500 4 990 32 33 - 725 - 1,632 959 5 - - 137 - 4 - 140 - - 19 Corporate overheads reallocated to outputs 576 515 Corporate overheads reallocated to outputs 8,766 4 9,217 21 922 Corporate overheads reallocated to outputs 59 761 12 142 243 39 6 156 175 12 260 2 18 6 21 5 10 AppropriationsResources received free of charge Liabilities assumed by the Treasurer 9,691 - 500 27,529 29,429 56,000 56,961 42 1,014 7,261 1,652 2,012 2,920 1,810 3,330 1,708 224 - 273 9 121 132 - 2 Expenses from ordinary activities cost of servicesTotal Revenue from ordinary activities revenues from ordinary activitiesTotal Net cost of services 40,639 8 43,735 2,521 95,417 revenues from GovernmentTotal 20,553 84,010 CHANGE IN NET ASSETS BEFORE 18,705 RESTRUCTURING 6,377 Net revenues from restructuring 37,232 7,990 8,303 CHANGE IN NET ASSETS 30,010 AFTER RESTRUCTURING 6,711 2,333 102,631 61,866 2,673 34 61,298 - 1,256 6 - 7,564 2,138 - 1,796 - - - - COST OF SERVICES Revenues from Government The Output Schedule of Expenses and Revenues should be read in conjunction with the accompanying notes. should be read Output Schedule of Expenses and Revenues The
PAGE 143 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OUTPUT SCHEDULE OF EXPENSES AND REVENUES FOR THE YEAR ENDED 30 JUNE 2001 000 ’ 000 $ ’ 000 $ ’ 000 $ ’ 000 $ ’ Preparation of Adult offenders offenders Juvenile 000 $ ’ 000 $ ’ OUTPUT 5 OUTPUT 6 OUTPUT 7 OUTPUT 8 Legal services legislation managed managed 400 (253) (425)400 (253) (249) (425)67,188 (578) 15,141 (3,755) (249)67,188 (578) 15,141 (3,755) 000 $ ’ 16,514 16,324 3,730 3,874 232,090 206,365 40,018 39,860 16,324 16,514 206,365 3,730 40,018 232,090 3,874 $ 2000-01 1999-00 2000-01 1999-00 2000-01 1999-00 1999-00 2000-01 Employee expensesDepreciation and amortisationBorrowing costs expenseNet loss on disposal of non-current assetsAssets expensedOther expenses from ordinary activities 12 80 11,435 6,633 1 10,462 154 - Revenues 6,056 2,263 110 - 819 - - 2,404 143 719 127,109 - - 102 12,174 119,996 82,575 534 10,275 20,784 63,668 - 3,273 2,680 - 22,602 2 1,032 13,549 16 - 9,639 8,410 11,992 1,935 16 905 633 - 129 - 8 3 2,538 - - 1 478 Corporate overheads reallocated to outputs 1,638 2,267 Corporate overheads reallocated to outputs 543 11 602 38 19,503 Corporate overheads reallocated to outputs 18,622 3 32 5,490 10 3,508 70 166 7 348 19 61 666 26 638 134 48 AppropriationsResources received free of chargeLiabilities assumed by the Treasurer 13 836 16,033 15,128 34,003 840 33 262,008 3,125 38,870 234,815 3,418 170 3 180 8 10,327 1,423 9,490 1,417 429 1,787 7 267 COST OF SERVICES Expenses from ordinary activities cost of servicesTotal Revenue from ordinary activities revenues from ordinary activitiesTotal Net cost of services 19,798 3,284 19,042 2,718 3,735 revenues from GovernmentTotal 5 3,884 CHANGE IN NET ASSETS BEFORE RESTRUCTURING 241,895 10 Net revenues from restructuring 215,123 16,914 CHANGE IN NET ASSETS 9,805 40,984 16,071 AFTER RESTRUCTURING 40,519 8,758 3,305 - 3,625 966 247,231 659 - 273,553 39,440 - 36,105 - - - - - Revenues from Government The Output Schedule of Expenses and Revenues should be read in conjunction with the accompanying notes. should be read Output Schedule of Expenses and Revenues The
PAGE 144 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OUTPUT SCHEDULE OF EXPENSES AND REVENUES FOR THE YEAR ENDED 30 JUNE 2001 000 ’ 000 $ ’ 000 $ ’ 000 $ ’ 000 $ ’ 000 $ ’ 000 $ ’ OUTPUT 9 OUTPUT 10 OUTPUT 11 OUTPUT 12 Advocacy and (88) (175)(88) (411) (175) 1,579 (109) (411) 316 59 (36) 1,579 (109) 316 59 (36) 000 $ ’ guardianship services services Trustee Registration services Civil marriages $ 1,768 1,941 3,409 2,628 493 137 (29)3,409 1,941 1,768 6 2000-01 1999-00 2000-01 1999-00 2000-01 1999-00 1999-00 2000-01 Borrowing costs expenseexpensescosts Employee expensedDepreciation and amortisation- - - Borrowing Net loss on disposal of non-current assetsAssets 1,255 1,322 7,539 7,447 1,614 1,613 Other expenses from ordinary activities - 77 28 74 346 4 - 396 - - - 49 - 22 - Revenues 311 49 - 2,950 2,482 144 - Appropriations 1,427 Resources received free of charge 40 Liabilities assumed by the Treasurer 1 935 58 7,635 8,473 3,090 3,216 49 67 163 1 92 143 1 26 1,579 1,649 2,959 4,189 104 1 4 245 292 43 - 29 (37) - 3 5 - - 9 126 3 133 9 - - 6 - Corporate overheads reallocated to outputs 199 291 Corporate overheads reallocated to outputs 2 511 642 5 631 Corporate overheads reallocated to outputs 5 8 617 10 30 9 4 34 29 10 9 - 10 - 19 1 1 COST OF SERVICES Expenses from ordinary activities cost of servicesTotal Revenue from ordinary activities revenues from ordinary activitiesTotal restructuringNet cost of services 1,828 Revenues from Government 60 1,995 from 54 11,049 - - - revenues from GovernmentTotal 7,640 revenues 11,111 CHANGE IN NET ASSETS BEFORE 8,483 RESTRUCTURING 3,713 Net 1,680 3,220 3,237 CHANGE IN NET ASSETS 1,766 AFTER RESTRUCTURING 3,100 134 2,998 163 149 4,207 143 384 453 30 (30) The Output Schedule of Expenses and Revenues should be read in conjunction with the accompanying notes. should be read Output Schedule of Expenses and Revenues The
PAGE 145 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OUTPUT SCHEDULE OF EXPENSES AND REVENUES FOR THE YEAR ENDED 30 JUNE 2001 000 ’ 000 $ ’ 000 $ ’ 000 $ ’ 000 $ ’ 368 - (39,420)(37,227)368 - - 000 $ ’ 000 $ ’ 000 $ ’ 000 $ ’ 58 2 (325) (686) - - 5 1 - - - - 121 12 1,655 299 1,655 12 121 - - 1 - 5 – agencies Aid legislative services overheads other Govt Legal information and Corporate Total OUTPUT 13 OUTPUT 14 OUTPUT 15 OVERHEADS 000 $ ’ 2,622 3,349 12,814 13,194 3,535 - - - 433,145 398,456 433,145 3,535 - 13,194 - 12,814 3,349 2,622 Support services Strategic policy $ (2,373) 874 (929)(2,373) - (1,077) 874 (929) - (1,077) - - - (4,079)55,379 55,379 - 98,552 - - 2000-01 1999-00 2000-01 1999-00 2000-01 1999-00 2000-01 1999-002000-011999-00 1999-00 2000-01 1999-00 2000-01 1999-00 2000-01 2000-01 AppropriationsResources received free of chargeLiabilities assumed by the Treasurer432,292 399,585 2,300 - 13,194 1 19 - 11,885 103 4,106 3 229 - - - - 152 2 - - 1,080 1,121 26 26,187 17,999 33 3,294 3,544 Borrowing costs expenseexpenses243,377 costs 254,427 Employee Depreciation and amortisation14,993 Borrowing 13,655 1,372 - 2,051 - - - 1,209 - - 85 - 9 475 286 Revenues - - 3 51,926 - 54,466 38 - 1,890 686 - 698 - 325 3,127 21,815 24,504 Assets expensed5,828 Assets 1,057 - Other expenses from ordinary activities 1,361 - - 1,651 97 - 12,814 - 13,194 1,813 - 23,754 18,038 209,239 176,365 Net loss on disposal of non-current assets Corporate overheads reallocated to outputs - - Corporate overheads reallocated to outputs - Corporate overheads reallocated to outputs - 11 - - 4 - (1,106) (1,154) - - Revenues from Government COST OF SERVICES Expenses from ordinary activities cost of servicesTotal Revenue from ordinary activities revenues from ordinary activitiesTotal Net cost of services 2,660 38 3,407 58 restructuring 12,814 13,194 from 4,235 revenues from GovernmentTotal - revenues - - CHANGE IN NET ASSETS - - - BEFORE RESTRUCTURING - 102,631 - Net 249 - 700 - 4,223 CHANGE IN NET ASSETS AFTER RESTRUCTURING 11,885 - - 13,194 487,611 450,382 2,458 - - - 54,466 - 51,926 - 429,066 453,835 The Output Schedule of Expenses and Revenues should be read in conjunction with the accompanying notes. should be read Output Schedule of Expenses and Revenues The
PAGE 146 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
SUMMARY OF CONSOLIDATED FUND APPROPRIATIONS AND REVENUE ESTIMATES FOR THE YEAR ENDED 30 JUNE 2001 2000-01 1999-00 2000-01 $'000 $'000 Estimate Actual Variation Estimate Actual Variation 413,276 399,585 413,276 (13,691) 432,292 364,619 67,673 Salaries and Allowances Act 1975 Australia Act 1988Children's Court of Western Criminal Injuries (Compensation) Act of 1985 Act 1969District Court of WA Act 1950Judges Salaries and Pensions Solicitor General Act 1969 200 14,630 11,407 13,265 220 11,842 (1,365) 6,659 20 4,312 435 11,300 4,219 5,237 11,001 193 14,200 (2,440) 209 11,203 925 2,900 197 6,395 229 202 4,159 6,936 4 20 4,357 541 201 198 205 4 Suitors Fund Act 1964 30 10 (20) 30 30 - RECURRENT Amount required to fund outputs for the yearLess Retained Revenue - Section 23A Financial Administration and Audit Act 1985Item 93 amount provided to fund outputs for the yearAmount Authorised by other Statutes 366,593 321,582 375,645 321,399 9,052 45,011 (183) 327,333 283,221 54,246 339,045 CAPITAL 288,045 9,235 11,712 Item 175 amount provided for capital services the year 4,824 44,112 GRAND TOTAL 54,247 51,000 43,164 6,888 (11,083) 48,119 107,119 59,000 Total Recurrent ServicesTotal 359,029 356,421 (2,608) 316,500 325,173 8,673
PAGE 147 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
SUMMARY OF CONSOLIDATED FUND APPROPRIATIONS AND REVENUE ESTIMATES FOR THE YEAR ENDED 30 JUNE 2001 2000-01 1999-00 2000-01 7,061 (1,940)7,061 (9,001) 6,747 7,224 477 1,803 2,125 322 1,594 1,729 135 (73)3,314 3,387 3,194 (29) 3,223 $'000 $'000 23,392 30,247 6,855 25,403 28,317 2,914 55,660 59,665 4,005 43,540 41,483 2,057 15,677 15,299 (378) 13,325 14,539 1,214 Estimate Actual Variation Estimate Actual Variation ExpenditureLess: Retained revenueExpenditurerevenueLess: Retained revenueRetained revenueExpenditureLess: Retained Expenditure 2,665 3,267 31,386 28,119 revenueLess: 30,255 4,198 26,057 revenueRetained 8 23,884 Expenditure 7,990 7,683 307 266 Less: (2,657) 79,544 80,126 20,461 - Retained 582 65,565 68,333 (266) 2,768 2,716 (3,423) 56 33 (23)ExpenditureLess: 3,069 24,082 (1,318) 7,368 6,050 48 24,793 - (48) 353 7,224 7,013 2,349 2,946 211 597 2,977 2,502 (475) 711 1,859 2,158 299 1,642 1,729 (6) 5 11 87 (13) 17 4 18,245 18,026 16,302 219 17,041 739 (79)3,319 3,398 3,198 (42) 3,240 Details of Expenditure RECURRENT OUTPUTS Output 1 - Judiciary and judicial support Output 2 - Case processing Output 3 - Enforcement of criminal and civil court orders Output 4 - Administration of victim support and counselling services Output 5 - Legal services Output 6 - Preparation of legislation
PAGE 148 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
SUMMARY OF CONSOLIDATED FUND APPROPRIATIONS AND REVENUE ESTIMATES FOR THE YEAR ENDED 30 JUNE 2001 2000-01 1999-00 2000-01 (31) (33) (2) (45) (46) (1) 403 248 (155) (259) 112 (371) 3,116 2,300 3,116 (816) 2,573 3,472 899 1,644 1,611 1,644 1,611 (33)1,638 1,554 84 2,334 1,736 (598) 3,229 3,531 (302) $'000 $'000 35,634 37,489 1,855 31,855 32,113 258 Estimate Actual Variation Estimate Actual Variation 204,254 200,721 204,254 200,721 (3,533)168,404 170,820 (2,416) Less: Retained revenueRetained ExpenditurerevenueLess: Retained revenueExpenditureLess: Retained 3,787 8,822 5,321 3,501 10,020 6,233 ExpenditurerevenueLess: Retained 959 844 100 115 Expenditure(100) - revenueLess: 210,741 210,487 177,226 176,141 254 1,085 Retained 9 62 53 4 47 51 ExpenditureLess: 35,749 38,448 2,699 31,955 32,113 158 revenue 7,640 7,971 Expenditure (331)Less: Retained revenue 1,653 1,673 Retained 8,590 8,483 20 1,558 1,689 (107) 131 3,176 3,220 Expenditure 44 2,887 3,049 Less: 162 9,376 (929) 10,305 (409) 11,712 12,121 3,579 3,468 (111) 12 38 26 53 48 (5) 2,999 2,790 (209) 176 145 130 (15) 163 123 131 8 (13) 3,128 2,338 (790) 2,626 3,520 168 894 177 9 Output 7 - Adult offenders managed Output 8 - Juvenile offenders managed Output 9 - Advocacy and guardianship services services - Trustee Output 10 - Registration services Output 11 Output 12 - Civil marriages Output 13 - Support services to other Government agencies
PAGE 149 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
SUMMARY OF CONSOLIDATED FUND APPROPRIATIONS AND REVENUE ESTIMATES FOR THE YEAR ENDED 30 JUNE 2001 . diately preceding year, are set out in Note 44. are year, diately preceding 2000-01 1999-00 2000-01 - (26,254) (26,254) (3,465) 15,515 18,980 2,602 3,232 630 - 3,232 2,602 $'000 $'000 (9,792) (12,406) (2,614) 2,487 4,885 2,398 11,885 12,814 12,814 11,885 13,194 929 11,838 1,356 54,247 69,417 15,170 51,584 91,604 40,020 40,020 91,604 51,584 15,170 54,247 69,417 (11,084)54,247 43,163 59,000 107,119 48,119 16,366 15,221 (1,145)15,644 15,196 448 Estimate Actual Variation Estimate Actual Variation 368,821 368,828 368,821 7 320,288 314,013 6,275 399,585 413,276 (13,691) 432,292 364,619 67,673 359,029 356,422 359,029 (2,607) 325,173 316,500 8,673 Infringement penaltiesJudicial fines and penaltiesInfringement Recovery on unpaid fines 15,000 196 249 53 196 269 73 14,972 800 (28) - 15,000 15,375 (800) 375 - - - Less: Retained revenueRetained revenueExpenditureLess: Retained ExpenditureLess: - for cash book balances Adjustment - 681 701 20 for cash book balances Adjustment 12,814 11,885 (net change in operating bank account) 13,194 929 11,838 1,356 - 1,311 3,933 2,622 Outsource collection of fines 370 - (370) - - - Output 14 - Legal aid assistance Output 15 - Strategic policy information & legislative services Recurrent Expenditure CAPITAL Capital Expenditure OF APPROPRIATIONS GRAND TOTAL Details of Revenue Estimates Revenues disclosed as Administered COURTS LAW Law Courts RevenuesTotal Administered Revenue Estimates Total with the imme compared and the actual results year estimates and actual results, Explanations of variations between the current 16,366 15,221 (1,145) 15,196 15,644 448 The summary of Consolidated Fund Appropriations and Revenue Estimates should be read in conjunction with the accompanying notes Estimates should be read and Revenue summary of Consolidated Fund Appropriations The
PAGE 150 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
1 Ministry of Justice mission and funding The mission of the Ministry of Justice (for the purpose of these notes, the “Ministry”) is to provide quality, coordinated and accessible justice services which contribute to a safe and orderly community.
The Ministry is responsible for the provision of a diverse range of justice services, including: • Providing high-quality, non-judicial support management of courts and tribunals, court accommodation, technical facilities, non- judicial staff support, registry, security and other administrative support services. • Managing adult and juvenile offenders in custody and in the community. • Providing legal services to Government and its agencies. • Providing comprehensive legislative drafting and related services to the Government, its departments and agencies. • Providing services to ensure that the best interests of people with decision-making disabilities are represented at hearings and to promote and protect their rights in the community. • Providing personalised trustee services, involving the preparation of wills and executor and administrative functions to all Western Australians. • Providing services to enable society to prove that a birth, death or marriage occurred within Western Australia, and conducts civil marriages. • Providing information and support to the Parole Board and Supervised Release Review Board. • Regulating State-based corporate bodies such as Friendly Societies.
The Ministry is predominantly funded by Parliamentary Appropriations.
The Ministry’s Financial Statements encompass all funds through which the Ministry controls resources to carry on its functions.
2 Significant accounting policies The following accounting policies have been adopted in the preparation of the financial statements. Unless otherwise stated these polices are consistent with those adopted in the previous year.
(a) General statement The financial statements constitute a general purpose financial report which has been prepared in accordance with Australian Accounting Standards and Urgent Issues Group (UIG) Consensus Views as applied by the Treasurer’s Instructions. Several of these are modified by the Treasurer’s Instructions to vary the application, disclosure, format and wording. The Financial Administration and Audit Act and the Treasurer’s Instructions are legislative provisions governing the preparation of financial statements and take precedence over Australian Accounting Standards and UIG Consensus Views. The modifications are intended to fulfil the requirements of general application to the public sector together with the need for greater disclosure and also satisfy accountability requirements.
If any such modification has a material or significant financial effect upon the reported results, details of that modification and where practicable, the resulting financial effect is disclosed in individual notes to these financial statements.
(b) Basis of accounting The financial statements have been prepared in accordance with Australian Accounting Standard AAS29.
The statements have been prepared on the accrual basis of accounting using the historical cost convention, with the exception of certain non-current assets which subsequent to initial recognition, have been measured on the fair value basis in accordance with the option under AAS 38 (5.1) (See note 24).
PAGE 151 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
(c) Administered transactions Administered assets, liabilities, expenses and revenues are not integral to the Ministry in carrying out its functions and are disclosed in the notes to the financial statements, forming part of the general purpose financial report of the Ministry. The administered items are disclosed on the same basis as is described above for the financial statements of the Ministry. The administered assets, liabilities, expenses and revenues are those which the Government requires the Ministry to administer on its behalf. The assets do not render any service potential or future economic benefits to the Ministry, the liabilities do not require any future sacrifice of service potential or future economic benefits of the Ministry, and the expenses and revenues are not attributable to the Ministry.
As the administered assets, liabilities, expenses and revenues are not recognised in the principal financial statements of the Ministry, the disclosure requirements of Accounting Standard AAS 33, Presentation and Disclosure of Financial Instruments, are not applied to administered transactions.
Administered assets Administered assets are not controlled by the Ministry but are administered on behalf of the Government.
These assets include debtors in relation to: – Supreme and District Court fines and forfeitures – Petty Sessions fines
Outstanding fines and costs include: (a) District and Supreme Court and those which are referred to the Fines Enforcement Registry (FER) for action and are outstanding as at 30 June; and (b) Petty Sessional fines which are outstanding in each Court and have not been referred to FER as at 30 June.
Infringement penalty details are not included as the Crown Solicitor provided an opinion that infringements form no liability or obligation to pay until a Court has ordered the offender to pay the penalty.
Provision for unrecoverable debts – administered transactions The provision in respect of Court fees and fines outstanding and referred to the Fines Enforcement Registry, is based on the recovery history of Court Fees and Fines managed by the Fines Enforcement Registry.
(d) Appropriations Appropriations in the nature of revenue, whether recurrent or capital, are recognised as revenues in the period in which the Ministry gains control of the appropriated funds. The Ministry gains control of appropriated funds at the time those funds are deposited into the Ministry’s bank account.
(e) Net appropriation determination Pursuant to section 23A of the Financial Administration and Audit Act, the Ministry has entered into a net appropriation arrangement where the proceeds from services are retained by the Ministry. Items covered by the agreement include commonwealth recoups, court fees, births deaths and marriage registration fees, sale of personal prisoner services, sale of prison produce surplus to requirements, proceeds from Public Trustee fees, Public Trust common fund interest revenues, legal services, workers compensation recoups, criminal injuries awards and other miscellaneous revenues. The monies received and retained are applied to the Ministry’s outputs.
PAGE 152 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
(f) Grants and other contributions revenue Grants, donations, gifts and other non-reciprocal contributions are recognised as revenue when the Ministry obtains control over the assets comprising the contributions. Control is normally obtained upon their receipt. Contributions are recognised at fair value.
(g) Depreciation of non-current assets All non-current assets with a value of more than $5,000 and a useful life of more than 2 years are systematically depreciated over their useful lives in a manner which reflects the consumption of their future economic benefits. Furniture items are mostly under this limit and are expensed in the year of purchase. Library and livestock purchases are also expensed in the year of purchase.
Depreciation is provided for on a straight line basis, using rates which are reviewed annually. Useful lives for each class of depreciable assets are: – Buildings 50 years – Leasehold improvements 10 years – Information technology systems 5 years – plant, equipment and vehicles 4 - 15 years
(h) Revaluation of land, buildings and infrastructure The Ministry has a policy of valuing land and buildings at an independent valuation or historical cost. The annual revaluations of the Ministry’s land and buildings undertaken by the Valuer General’s Office for the Government Property Register are recognised in the financial statements. The transitional provisions in AAS 38 (10.9)(b) have been applied to allow a move to fair value in future years.
Building and information technology projects are reported as ‘Works In Progress’ until commissioned.
Land and buildings valued by the Valuer General’s Office are based on three methods. They are :
Integrity 1: A value estimate (without inspection or confirmation of records) using Valuer General’s Office records.
Integrity 2: A value estimate (without inspection or confirmation of records) using Valuer General’s Office records with further information from agencies.
Integrity 3: A value estimate with a cursory inspection to confirm Valuer General’s Office records.
The majority of land and buildings controlled by the Ministry have been valued at an integrity 3 level.
“Non Market Values” have been used for assets (eg. prisons and courthouses) as they are not normally sold in the real estate market and represent the sites (continuing use) land value and depreciated replacement cost of any improvements. “Market Values” are used where the property could be sold readily in the real estate market (eg. office). These reflect the value in the market place and is based on it’s development potential if the current use was no longer required.
(i) Employee entitlements The measurement of the liability is consistent with the requirements of Australian Accounting Standard AAS 30 “Accounting for Employee Entitlements” and is comprised of the following elements:
Annual leave This entitlement is recognised at current remuneration rates and is measured at the amount unpaid at the reporting date in respect to employees’ service up to that date.
PAGE 153 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
Long service leave A liability for long service leave is recognised, and is measured as the present value of expected future payments to be made in respect of services provided by employees up to the reporting date. Consideration is given, when assessing expected future payments, to expected future wage and salary levels including relevant on costs, experience of employee departures and periods of service. Expected future payments are discounted using interest rates to obtain the estimated future cash outflows. The long service leave liability is based on a shorthand method provided by an Actuary.
(j) Superannuation Staff may contribute to the Superannuation and Family Benefits Act scheme, a defined benefits pension scheme now closed to new members, or to the Gold State Superannuation Scheme, a defined benefit and lump sum scheme now also closed to new members. All staff who do not contribute to either of these schemes become non-contributory members of the West State Superannuation Scheme, an accumulation fund complying with the Commonwealth Government’s Superannuation Guarantee (Administration) Act 1992.
The superannuation expense is comprised of the following elements: (i) change in the unfunded employer’s liability in respect of current employees who are members of the Superannuation and Family Benefits Act Scheme and current employees who accrued a benefit on transfer from that Scheme to the Gold State Superannuation Scheme; and (ii) notional employer contributions which would have been paid to the Gold State Superannuation Scheme and West State Superannuation Scheme if the Ministry had made concurrent employer contributions to those Schemes. The superannuation expense does not include payment of pensions to retirees as this does not constitute part of the cost of services provided by the Ministry in the current year. The Ministry’s superannuation expense is a notional amount except for payments in respect of staff employed in the Public Trust Office and Family Court of WA. which pay the full employers superannuation contribution direct to the Government Employees Superannuation Board. The responsibility for paying the Gold State Superannuation Scheme and West State Superannuation Scheme employer contributions will transfer from Treasury to the Ministry from 1 July 2001. All unfunded superannuation liabilities are met by the Treasurer. For the 2000-01 financial year, the Government Employees Superannuation Board provided the information required for the determination of the Ministry’s annual superannuation expense.
(k) Judges’ pension All Judges’ pension benefits are met by the Treasurer. Judges are entitled to pensions of 60% of their final salary after 10 years service and proportionate pensions for lesser service. Spouses of Judges are entitled to pensions of five-eighths of the Judges pension entitlement on the Judges death. The liability for Judge’s pensions as at 30 June 2001 was calculated by an actuary.
From 1 July 2000 the Government Employees Superannuation Board (GESB) assumed responsibility for the administration of the Judges’ Pension Scheme. Under the new arrangement, the GESB will initially incur the cost of the pensions and then later recoup the amount from the Consolidated Fund (Treasury). As from 1 July 2000 the expense for Judges’ pensions will be included as an employee expense of the Ministry with a corresponding liability assumed by the Treasurer.
PAGE 154 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
(l) Leases The Ministry’s rights and obligations under finance leases, which are leases that effectively transfer to the Ministry substantially all of the risks and benefits incident to ownership of the leased items, are initially recognised as assets and liabilities equal to the present value of the minimum lease payments. The assets are disclosed as leased buildings and are depreciated to the Statement of Financial Performance over the period during which the Ministry is expected to benefit from the use of the leased assets. Minimum lease payments are allocated between interest expense and reduction of the lease liability, according to the interest rate implicit in the lease.
Finance lease liabilities are allocated between current and non-current components. The principal component of lease payments due on or before the end of the succeeding year is disclosed as a current liability, and the remainder of the lease liability is disclosed as a non-current liability.
The Ministry has entered into a number of operating lease arrangements, for buildings through the Treasury Department, for passenger and light commercial motor vehicles through the State Supply Commission and for office equipment where the lessors effectively retain all of the risks and benefits incidental to ownership of the items held under the operating leases. Equal instalments of the lease payments are charged to the Statement of Financial Performance over the lease term as this is representative of the pattern of benefits to be derived from the leased property.
Refer to note 33.
(m)Receivables Receivable are recognised at the amounts receivable as they are due for settlement no more than 30 days from the date of recognition.
Collectability of receivables are reviewed on an ongoing basis. Debts which are known to be uncollectible are written off. A provision for doubtful debts is raised where some doubt as to collection exists.
(n) Accrued salaries The accrued salaries suspense account consists of amounts paid annually into a suspense account over a period of 10 financial years to largely meet the additional cash outflow in each eleventh year when 27 pays occur in that year instead of the normal 26. No interest is received on this account.
Accrued salaries represent the amount due to staff but unpaid at the end of the financial year, as the end of the last pay period for that financial year does not coincide with the end of the financial year. Accrued salaries are settled within a few days of the financial year end. The Ministry considers the carrying amount of accrued salaries to be equivalent to the net fair value.
(o) Payables Payables, including accruals not yet billed, are recognised when the Ministry becomes obliged to make future payments as a result of a purchase of assets or services. Payables are generally settled within 30 days.
(p) Amounts due to the Treasurer The amount due to the Treasurer is in respect of a Treasurer’s Advance, approval of which is renewed for each financial year. The amount is therefore repayable within a maximum period of one year. No interest is charged on this advance. The advance was repaid during the financial year.
PAGE 155 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
(q) Resources received free of charge or for nominal value Resources received free of charge or for nominal value that can be reliably measured are recognised as revenues and as assets or expenses as appropriate at fair value.
(r) Revenue recognition Revenue is recognised where it can be reliably measured, in the period to which it relates. However, where there is not an established pattern of income flow, revenue is recognised on a cash receipts basis. Criminal injuries revenue is recognised at the time payment is received.
Outstanding criminal injuries are not recognised as the future economic benefits cannot be reliably measured. Criminal Injuries recoveries include awards pursuant to the Criminal Injuries Compensation Acts of 1970 and 1982 together with amounts recorded under the Criminal Injuries Compensation Act 1985. Recoveries pursued as at 30 June 2001 were $31 million.
(s) Comparative figures Where necessary, comparative information has been restated to obtain consistency in disclosure with current financial year amounts and other disclosures.
3 Outputs of the Ministry
Information about the Ministry’s outputs and the revenues and expenses which are reliably attributable to those outputs are set out in the Outputs Schedule of Expenses and Revenues. The outputs of the Ministry are:
(1) Judiciary and judicial support Output relates to financing the cost of judicial officers (including their support staff) to serve the community in the determination of cases brought before courts and tribunals.
(2) Case processing This refers to the provision of all resources and services provided by the Court Services Division (the administrative arm of courts) to advance cases from lodgement to the point of finalisation. This includes the operational support activities related to the efficient management of claims, cases and applications through the criminal and civil courts process and through various tribunals administered by the Ministry.
(3) Enforcement of criminal and civil court orders This relates to the practical application of enforcing court orders. It ensures public confidence in the court system by the effective enforcement of orders made in the criminal and civil jurisdictions.
(4) Administration of victim support and counselling services Court services that meet the needs of the judiciary and community, including victims of crime. This is achieved through the provision of counselling services for victims of crime and others who are bereaved from the sudden death of a relative.
(5) Legal services Provision of legal services to the government. This includes a broad-based legal service to the Government, its departments and agencies, including: providing legal advice, representation as counsel in courts and tribunals, the provision of major litigation services and preparation of legal documents.
PAGE 156 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
(6) Preparation of legislation This output contributes to an orderly community through the preparation of legislation for the Government of Western Australia and its departments and agencies in order to give effect to the Government’s legislative program.
(7) Adult offenders managed This refers to the custody, containment, care, well being and rehabilitation of adult offenders and their reintegration into and repatriation to the community. This is achieved through the provision of remedial programs, further education and employment skills, sentencing reports, assessment reports outlining offender’s suitability for release or their progress in the community to releasing authorities, providing policy and advice and collaborating with other agencies in strategies to achieve the primary prevention of crime.
(8) Juvenile offenders managed Juvenile offenders are managed in custody, in the community to fulfil the orders of the courts and through diversion from court programs. Juveniles participate in remedial, educational and rehabilitation programs that address their offending behaviour.
(9) Advocacy and guardianship services To represent and advance the best interests of people with decision making disabilities at hearings of the Guardianship and Administration Board and to investigate complaints or allegations of abuse, exploitation or neglect. The provision of guardianship services when the appointment of a guardian is considered necessary and there is no one else suitable or available to take the role.
(10) Trustee services Provides a funds management and investment service through the operations of the Common Fund, an authorised trustee investment fully guaranteed by the State Government. It also administers the estates of people who die with or without a will, in accordance with the terms of the Will or the relevant law and under the authority of the Supreme Court.
(11) Registration services This involves the creation and permanent storage of birth, death and marriage records, which enables members of the public to obtain documentary proof of these events for legal, personal and historical records.
(12) Civil marriages The provision of facilities for the conduct of civil marriages as an alternative to marriage by other celebrants.
(13) Support services to other Government agencies This output specifies those services directly provided by the Ministry of Justice which support outcomes and outputs of other Government Agencies.
(14) Legal aid assistance The Community and target groups require access to and the provision of quality legal services. This output contributes to an orderly community by regulating demand for legal assistance through the application of priority guidelines, eligibility and merit tests to enable legal representation to be provided to legally aided clients by grants of aid and assignment of cases to in-house or private practitioners. Legal advice, duty lawyer services and community education is provided to assist the wider community to access fair solutions to legal problems at the earliest opportunity.
(15) Strategic policy and information and legislative services Strategic policy information and legislative services is a key justice service that meets the needs of the Hon Attorney General, the Ministry of Justice, related agencies and the community.
PAGE 157 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
CORPORATE SERVICES
Corporate services costs have been allocated on a proportional basis for services provided to Outputs. Unallocated Corporate Services costs relate to services provided to other agencies (i.e. Office of the Director of Public Prosecutions, Commissioner for Equal Opportunity, Office of the Information Commissioner and the Law Reform Commission) and other operating costs incurred by the Ministry not directly related to outputs. 2000-01 1999-00 $’000 $’000 4 Employee expenses Salaries and wages 212,260 200,948 Change in annual and long service leave entitlements 5,436 6,754 Superannuation – refer to notes 2(j) and (k) – Superannuation – actual expense 1,874 1,788 – Superannuation – liability assumed by the Treasurer 17,287 17,999 – Pensions – (Judges) liability assumed by the Treasurer 8,900 6,002 Other related staff expenses 8,670 9,886 254,427 243,377 5 Supplies and services Services and contracts 70,502 51,854 Resources free of charge 3,294 3,544 Goods and supplies purchased 29,656 23,741 103,452 79,139 6 Depreciation and amortisation Buildings 14,566 13,720 Leased buildings 8 – Leasehold improvements 1,001 990 IT systems 3,824 2,013 Plant, equipment and vehicles 2,416 7,765 Leased plant, equipment and vehicles – 16 21,815 24,504 7 Borrowing costs expense Finance lease finance charges 475 – Interest paid on local government loans – 9 475 9
PAGE 158 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
8 Accommodation expenses Building rental operating lease expenses 17,622 14,657
9 Grants and subsidies Criminal injuries 12,581 14,589 Offenders gratuities 4,468 4,061 Government organisations 13,007 13,194 Other grants and subsidies 9,017 5,261 39,073 37,105
10Net loss on disposal of non-current assets Loss on Ministry assets disposed and retired 1,655 299 Gross proceeds on disposal of non-current assets 254 13
11Assets expensed Assets costing less than $5,000 expensed – 5,828
The Ministry capitalised all non-current assets with a value of more than $1,000 up to 30 June 2000. From 1 July 2001 only those assets with a value in excess of $5,000 were capitalised.
12Other expenses from ordinary activities Building repairs and maintenance 8,017 6,789 Electricity and water 5,117 5,005 Communication expenses 7,052 7,067 Plant, equipment and vehicle operating lease expenses 3,814 3,438 Plant, equipment and vehicle repairs and maintenance 1,838 1,774 Insurance 7,220 7,216 Other expenses 16,034 14,175 49,092 45,464
PAGE 159 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
13User charges and fees Legal Services Crown Solicitors Office 2,904 2,514 Public Trust Office fees 5,208 5,614 Births, deaths and marriage fees 3,363 3,196 Licenses 148 160 Court fees 18,127 15,540 Miscellaneous fees and charges 22 1,300 29,772 28,324
14Commonwealth grants and contributions Commonwealth recoup for Family Court and court fees 8,178 8,341 Commonwealth recoup other 2,180 604 10,358 8,945
15Other revenues from ordinary activities Sale of produce and goods 1,738 1,559 Canteen sales 3,712 3,002 Public Trust Office – common fund surplus 2,335 2,816 Recoup of salaries and workers compensation 2,818 2,326 Residential recoveries 639 892 Recoup of telephones, postage and other reimbursements 1,311 1,521 Criminal injuries – recoups 725 1,133 Other miscellaneous revenue 1,058 1,408 14,336 14,657
16Appropriations Consolidated Fund – Recurrent 356,421 325,173 Consolidated Fund – Capital 43,164 107,119 399,585 432,292
PAGE 160 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
17Liabilities assumed by the Treasurer Superannuation – employees 17,287 17,999 Superannuation – judges pensions 8,900 – Superannuation 26,187 17,999
18Resources received free of charge Resources received free of charge has been determined on the basis of the following estimates provided by agencies.
Office of the Auditor General – audit services 160 160 Treasury (Government Property Office) – notional management fee 54 54 Department of Land Administration – services for land registration and information 175 228 Health Department of Western Australia – provision of medical, health surveillance, dental services and forensic services for post mortems 2,871 3,053 Valuer General’s Office – provision of valuation services 34 49 3,294 3,544
19Net revenues from restructuring Judges’ pensions 102,631 – From 1 July 2000 the GESB took over the administrative responsibility for the Judges' Pension Scheme. Refer note 2(k). Liability, therefore, has been extinguished from the Ministry’s accounts.
20 Cash assets Operating account 5,034 44,127 Cash advance for permanent and temporary advances 503 360 5,537 44,487
PAGE 161 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
21Restricted cash assets Accrued salaries suspense (amount deposited at Treasury) 5,129 4,422 Trust accounts – Sheriff’s assurance account 76 72 – Receipts in advance account 7 8 – Research and special projects trust account – 391 – Juvenile justice trust account 33 89 5,245 4,982
Amount held in the salaries account is to be used only for the purpose of meeting the 27th pay in a financial year that occurs every 11 years. The details and purpose of each trust account is disclosed within Ministry’s receipts and payments statements. Refer to note 45.
22Receivables Trade debtors 1,250 687 GST Receivable 3,565 – 4,815 687 The Ministry does not have any significant exposure to any individual customer or counterparty.
23Other assets Prepayments 4,167 419
PAGE 162 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
24Property, plant and equipment
Land At cost 4,080 1,500 At fair value (see note below) 77,514 64,826 81,594 66,326 Buildings At cost 117,367 17,745 Accumulated depreciation (1,174) (177) At fair value (see note below) 695,062 677,132 Accumulated depreciation (320,969) (297,623) 490,286 397,077 Leased buildings At cost 10,739 – Accumulated depreciation (8) – 10,731 – Leasehold improvements At cost 9,950 9,990 Accumulated amortisation (3,317) (2,356) 6,633 7,634 IT systems At cost 18,463 9,414 Accumulated amortisation (7,348) (5,804) 11,115 3,610 Plant, equipment and vehicles At cost 23,945 26,440 Accumulated amortisation (15,708) (18,425) 8,237 8,015 Work in progress Buildings 5,601 72,183 It systems 4,544 9,643 10,145 81,826
Total property, plant and equipment 618,741 564,488
The revaluation of land and buildings was performed in June 2001 in accordance with an independent valuation by the Valuer General’s Office. Fair value has been determined on the basis of current market buying values. The valuation was made in accordance with a regular policy of annual revaluation.
PAGE 163 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
Reconciliations Reconciliations of the carrying amounts of property, plant, equipment and vehicles at the beginning and end of the current and previous financial year are set out below: 2000-01 1999-00 $’000 $’000 Land Carrying amount at beginning of year 66,326 88,980 Additions 4,080 1,500 Disposals (588) – Revaluation increments 11,776 (24,154) Carrying amount at end of year 81,594 66,326
Buildings Carrying amount at beginning of year 397,077 257,972 Additions 117,367 17,745 Disposals (1,086) – Revaluation increments (8,506) 135,080 Depreciation (14,566) (13,720) Carrying amount at end of year 490,286 397,077
Leased buildings Carrying amount at beginning of year –– Additions 10,739 – Depreciation (8) – Carrying amount at end of year 10,731 –
Leasehold improvements Carrying amount at beginning of year 7,634 2,538 Additions – 6,086 Depreciation (1,001) (990) Carrying amount at end of year 6,633 7,634
IT systems Carrying amount at beginning of year 3,610 5,915 Additions 11,329 – Disposals – (292) Depreciation (3,824) (2,013) Carrying amount at end of year 11,115 3,610
PAGE 164 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
Plant, equipment and vehicles Carrying amount at beginning of year 8,015 16,242 Additions 2,873 5,377 Disposals (235) (5,839) Depreciation (2,416) (7,765) Carrying amount at end of year 8,237 8,015
Work in progress Carrying amount at beginning of year 81,826 34,911 Additions 56,235 87,689 Transfers to property plant and equipment (127,916) (40,774) Carrying amount at end of year 10,145 81,826
25Payables Trade and other creditors 12,454 7,180
26Interest bearing liabilities Finance lease liabilities Current amount outstanding 125 – Non current amount outstanding 13,463 – 13,588 – Lease liabilities are effectively secured as the rights to the leased assets revert to the lessor in the event of default.
27Amounts due to the Treasurer Suspense account – 350 – 350 During the year the Treasurer’s advance was repaid.
PAGE 165 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
28Provisions
Employee entitlements Current liabilities Liability for annual leave 17,853 17,661 Liability for long service leave 18,255 15,843 36,108 33,504 Non-current liabilities Liability for long service leave 21,430 18,598
57,538 52,102 Judges Current liabilities Liability for Judges - current and past – 2,479 Non-current liabilities Liability for Judges – current and past – 100,152
Total Liability – 102,631
The administrative responsibility for Judges’ Pension Scheme transferred to the Government Employees Superannuation Board (GESB) from 1 July 2000. Refer to note 2 (k).
Employee entitlements The aggregate employee entitlement liability is recognised and included in the financial statements as a provision is as follows:
Current 36,108 35,983 Non-current 21,430 118,750 Total 57,538 154,733
PAGE 166 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
29Other liabilities Current Accrued salaries and wages 4,611 4,422 Accrued interest 114 – 4,725 4,422 Amount owing for salaries and wages the 6 working days from 23 June to 30 June 2001, (2000, 6 working days).
Accrued salaries and wages are settled within a few days of the financial year end. The carrying amount is equivalent to the net fair value.
30Equity Equity represents the residual interest in the net assets of the Ministry. The Government holds the equity interest in the Ministry on behalf of the community. The asset revaluation reserve represents that portion of equity from the revaluation of non-current assets.
Accumulated surplus/(deficiency) Opening balance 8,568 (46,811) Change in net assets after restructuring 98,552 55,379 Closing balance 107,120 8,568
Asset revaluation reserve Land Opening balance 65,093 89,247 Net revaluation increment/(decrement) 11,776 (24,154) Closing balance 76,869 65,093
Buildings Opening balance 374,717 239,638 Net revaluation increment/(decrement) (8,506) 135,079 Closing balance 366,211 374,717 Total asset revaluation reserve 443,080 439,810
Total equity 550,200 448,378
PAGE 167 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
31Notes to the Statement of Cash Flows
(a) Reconciliation of cash For the purpose of the Statement of Cash Flows, cash includes cash at bank, amounts in suspense and restricted cash. Cash at the end of the financial year as shown in the Statement of Cash Flows is reconciled to the related items in the Statement of Financial Position as follows:
Cash assets (note 20) 5,537 44,487 Restricted cash assets (note 21) 5,245 4,982 10,782 49,469
(b) Non-cash financing and investing activities During the financial year, the Ministry acquired property (Fremantle Justice Centre) with an aggregate fair value of $13,880,000 by means of a finance lease. This acquisition is not reflected in the Statement of Cash Flows. From 1 July 2000 the Government Employees Superannuation Board (GESB) assumed responsibility for the administration of the Judges’ Pension Scheme. Under the new arrangement, the GESB will initially incur the cost of the pensions and then later recoup the amount from the Consolidated Fund (Treasury). The liability transferred to Treasury of $102,631 is not reflected in the Statement of Cash Flows.
PAGE 168 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
(c) Reconciliation of net cost of services to net cash flows provided by/(used in) operating activities
Net cost of services (Statement of Financial Performance) (433,145) (398,456)
Non-cash items: Depreciation expense 21,815 24,504 Superannuation expense 26,187 17,999 Resources received free of charge 3,294 3,544 (Gain)/loss on disposal of property, plant and equipment 1,655 299 Assets expensed – 5,828
(Increase)/decrease in assets: Receivables (563) (102) Other current assets (3,748) (13)
Increase/(decrease) in liabilities: Payables 5,274 (580) Provisions 5,436 12,756 Other liabilities 303 1,718
Change in GST in receivables/payables (3,565) – Net cash used in operating activities (377,057) (332,503)
32Resources provided free of charge During the year the following resources were provided to other agencies free of charge for functions outside the normal operations of the Ministry.
Corporate support provided by the Ministry to: Law Reform Commission 204 162 Office of the Director of Public Prosecutions 717 924 Equal Opportunity Commissioner 75 78 Office of the Information Commissioner 35 42
Legal services provided by the Crown Solicitor’s Office to: other government agencies 12,985 11,780 14,016 12,986
PAGE 169 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
33Commitments for expenditure
(a) Capital expenditure commitments Capital expenditure commitments, being contracted capital expenditure additional to the amounts reported in the financial statements, are payable as follows: Within 1 year 11,836 40,547 Later than 1 year and not later than 5 years 1,185 800 13,021 41,347 The capital commitments include amounts for: Land and buildings 13,019 40,826 Other 2 521 13,021 41,347
(b) Lease commitments Commitments in relation to leases contracted for at the reporting date but not recognised as liabilities, payable. Within 1 year 17,533 16,277 Later than 1 year and not later than 5 years 55,064 54,640 Later than 5 years 44,874 54,328 117,471 125,245 Representing: Operating leases 79,221 86,341 Finance leases 38,250 38,904 117,471 125,245 (i) Finance leases The Ministry of Justice has entered into a 25 year lease agreement for the development of the Fremantle Justice Centre. At the reporting date the Ministry had the following obligations for the financial lease. Within 1 year 1,561 653 Later than 1 year and not later than 5 years 6,245 6,245 Later than 5 years 30,444 32,006 38,250 38,904 Less future finance charges 24,662 25,023 Finance lease liability 13,588 13,881
PAGE 170 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000 Included in the financial statements as: Current 125 – Non-current 13,463 – 13,588 – (ii) Non cancellable operating leases The Ministry leases certain premises, motor vehicles and items of plant and office equipment. The lease expenditure is expensed as it is incurred. At the reporting date the Ministry had the following obligations under operating leases.
Within 1 year 15,972 15,624 Later than 1 year and not later than 5 years 48,819 48,395 Later than 5 years 14,430 22,322 79,221 86,341
34Contingent liabilities In addition to the liabilities incorporated into the financial statements the Ministry has the following contingent liabilities.
(i) Litigation in progress Claims against the Ministry of Justice from the general public and offenders. 900 622 None of the claims are covered by an insurance policy and any claims settled will have to be met from the Ministry’s recurrent funds. (ii) Disclosure regarding criminal injuries compensation. Claims yet to be assessed 12,763 16,350
PAGE 171 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
35Remuneration and retirement benefits of senior officers The total of fees, salaries and other benefits received or due and receivable for the financial year by senior officers from the Ministry. 1,943 1,640 The number of senior officers whose total of fees, salaries and other benefits received, or due and receivable, for the financial year, falls within the following bands: $ 70,001 – $ 80,000 – 1 $ 80,001 – $ 90,000 – 1 $ 90,001 – $ 100,000 1 – $ 100,001 – $ 110,000 2 3 $ 110,001 – $ 120,000 3 1 $ 120,001 – $ 130,000 1 2 $ 180,001 – $ 190,000 1 1 $ 190,001 – $ 200,000 – 1 $ 200,001 – $ 210,000 – 1 $ 210,001 – $ 220,000 – 1 $ 230,001 – $ 240,000 2 – $ 240,001 – $ 250,000 1 – $ 250,001 – $ 260,001 1 – 12 12
Senior officers are those who take part in the management of the organisation. Deemed to be Director General, Executive Directors and other divisional heads. Retirement benefits
Total notional contributions for Senior Officers for: – Gold State Superannuation Scheme 142 142 – West State Superannuation Scheme 21 5 163 147
There are no senior officers presently employed who are members of the Superannuation and Family Benefits Act Scheme.
PAGE 172 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
36Related bodies The Ministry had no related bodies during the financial year.
37Affiliated bodies The Ministry provided more than 50% of the total operational funds to the Legal Aid Commission of Western Australia during the 2000-01 financial year. The Commission is not subject to operational control by the Ministry and is therefore considered to be an affiliated body under the Financial Administration and Audit Act. 2000-01 1999-00 $’000 $’000
38Losses and write offs Public and other property, revenue and debts to the State. Written off in accordance with Section 45 of the Financial Administration and Audit Act. – Accountable Officer 7,059 6,576 – Minister 3,429 2,143 Total losses and write offs 10,488 8,719
Losses of public moneys and property through theft, default or otherwise not covered by insurance. 1 1 Gifts of public property provided by the Ministry. ––
39Remuneration of Auditor It is not a requirement for the Ministry to pay audit fees to the Auditor General. However, the notional value of audit services by the Office of the Auditor General was estimated at $160,000 (1999-2000; $160,000). This amount is included in the Statement of Financial Performance.
PAGE 173 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
40Financial Instruments
(a) Interest rate risk exposure The Ministry’s exposure to interest rate risk, repricing maturities and the weighted average interest rates on financial instruments at balance date are as follows: Weighted average interest Floating Fixed interest rate maturities Non interest rate interest rate 1 year or less 1 to 5 years Over 5 years bearing Total 2001 % $’000 $’000 $’000 $’000 $’000 $’000
Financial assets Cash assets 5,653 5,653 Restricted cash assets 5,129 5,129 Receivables 4,815 4,815 Other assets 4,167 4,167 Total financial assets – – – – 19,764 19,764
Liabilities Payables 12,454 12,454 Finance lease liabilities 10.6 125 654 12,809 13,588 Provisions 57,538 57,538 Other liabilities 4,725 4,725 Total financial liabilities – 125 654 12,809 74,717 88,305 Net financial asset (liabilities) – (125) (654) (12,809) (54,953) (68,541)
2000 Financial assets 50,156 50,156 Financial liabilities 166,685 166,685 Net financial asset (liabilities) – – – – – (116,529) (116,529)
(b) Credit risk exposure All financial assets are unsecured. Amounts owing by other government agencies are guaranteed and therefore no credit risk exists in respect of those amounts. In respect of other financial assets the carrying amounts represents the Ministry’s maximum exposure to credit risk in relation to those assets.
(c) Net fair values The carrying amount of financial assets and financial liabilities recorded in the financial statements are not materially different from their net fair values, determined in accordance with the accounting policies disclosed in note 2 to the financial statements.
PAGE 174 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000 41Administered and expenses revenues Expenses Transfer payments – Family court 10,311 7,597 Transfer payments – other Government agencies 29,153 34,049 Doubtful debts 2,528 7,796 Other 25 762 Total administered expenses 42,017 50,204 Revenues Judicial fines and penalties 14,848 31,386 Infringement penalties 249 269 Revenue for transfer – Family court 9,704 7,968 Revenue for transfer – other Government agencies 29,273 34,009 Other 8 17 Total administered revenues 54,082 73,649
42Administered assets and liabilities Current assets Administered assets are not controlled by the Ministry but are administered by it on behalf of the Government. Cash and restricted cash assets – Operating account 339 381 – Suitors Fund – 17 – Departmental receipts in suspense 741 594 – Family Court 7 614 1,087 1,606 Receivables – Petty Sessions – fines and costs 8,870 13,875 – Supreme and District Court fines & forfeitures 1,705 1,558 – Fines Enforcement Registry 69,354 64,578 – Children’s Court 146 188 80,075 80,199 Less: provision for doubtful debts – Unrecoverable fees & fines – note 2 (c) (48,714) (46,186) 31,361 34,013
Total administered current assets 32,448 35,619 Current liabilities – Payables 389 257 – Amounts due to the Treasurer (Appeals Cost Board) 850 850
1,239 1,107
Net administered assets 31,209 34,512
PAGE 175 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
2000-01 1999-00 $’000 $’000
43Cashflows from administered transactions
Cash inflows from administered transactions Administered revenues received 56,734 57,755 Cash outflows from administered transactions Transfer and other payments (41,991) (41,683 Administered revenues credited to Consolidated Fund (15,262) (15,379)
Net cash inflow/(outflow) from administered transactions (519) 693
44Explanatory statement The Summary of Consolidated Fund Appropriations and Revenue Estimates discloses appropriations and other statutes expenditure estimates, the actual expenditure and revenue estimates and payments into the Consolidated Fund, all on a cash basis. The following explanations are provided in accordance with Treasurer’s Instruction 945. Significant variations are considered to be those greater than 5% and $300,000.
A Details of authorisation to expend in advance of appropriation
To meet unavoidable recurrent expenditure commitments, the Treasurer approved supplementary funding of $929,000 to meet general operating costs. Legal Aid – Additional funding for Deitrich matters – expensive cases ($929,000).
PAGE 176 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
B Significant variations between actual outputs and budget estimates for 2000-2001 $’000 RECURRENT Output 1 – Judiciary and Judicial Support Excess 6,855 Increase in expenditure is due to payments relating to the retirement of two Supreme Court judges, an increase of 4.6% in judicial salaries for a portion of the year and increases in non cash components of remuneration. The appointment of a new District Court judge, FBT not previously accounted for in this output and an increase in workers compensation costs. The allocation of revenues were amended to ensure revenues were allocated to the appropriate output, this resulted in a decrease of revenues attributable to this output.
Output 2 – Case Processing Excess 4,005 Increased expenditure was largely due to increased salary and wage costs. The allocation of revenues was also amended to ensure they are allocated to the appropriate output, this resulted in a decrease of revenues attributable to case processing and increased revenue for output 3.
Output 3 – Enforcement of Criminal and Civil Court Orders Saving 9,001 Revenues increased as a result of amended revenue allocations and from the improved collection of enforced warrants. The allocation of revenues were amended to ensure they are allocated to the appropriate court output, this resulted in an increase of revenues for this output.
Output 4 – Administration of Victim Support and Counselling Services Excess 322 The increase in expenditure is due to additional salaries from the creation of four new positions.
Output 5 – Legal Services Saving 378 Variation was largely due to additional revenues following an increase in the charge out rates in January 2001 and higher than expected activity within the Crown Solicitors Office. This was offset by increased payments for work performed on native title matters.
PAGE 177 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
$’000
Output 7 – Adult offenders managed Saving 3,533 The net expenditure variation is due largely to an increase in revenue. Workers compensation recoups, sale of canteen supplies to prisoners and sale of prison industry goods were higher than expected.
Output 8 – Juvenile offender managed Excess 1,855 Higher detainee numbers, movement in salaries and wages costs and a change in the allocation of offender management overheads largely accounted for additional expenditure in 2000/01.
Output 10 – Trustee Services Saving 598 The reduction in operating costs is due to delays in finalising contract arrangements for a new trustee system. This under spending was offset by a provision for a Mortgage Information Service required by Government as a budget initiative. Revenue reduction is due to a decrease in market share and subsequent fees obtained from estates and trusts.
Output 13 – Support services to other Government Agencies Saving 816 Lower than expected ex gratia payments were made on behalf of government.
Output 14 – Legal Aid Excess 929
The increase in legal aid outlays is due to new arrangements endorsed by Cabinet in June 2000 for the funding of expensive cases.
Output 15 – Strategic Policy Information and Legislative Services Excess 630 The Ministry managed the grant distribution for Safer WA in 2000/01 that resulted in an increase in revenue and expenditure.
CAPITAL Excess 15,170 Funding for the capital Works program for 2000/2001 was $80,924,000 which included a carryover of $26,677,000. The more significant variances were:
Acacia Prison (Excess $13.6 million) Construction phase and infrastructure planning overrun due to revised construction and completion to works.
Bandyup Prison (Under spending $2.8 million) Delays in the application process for approval required by the Metropolitan regional planning scheme development.
Rangeview Detention Centre (Under spending $0.7 million) The tender process, and subsequent expenditure, for this project was delayed due to caretaker Government provisions.
PAGE 178 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
$’000 $’000
Kalgoorlie/Broome – site acquisition (Under spending of $2.0 million) Delays in consultation and approval processes occurred. Land will be purchased in 01/02.
Data warehouse infrastructure (Under spending $0.6 million) A change in project scope and timing resulted in an underspending.
Integrated court management system (Under spending $0.5 million) Review of scope and technology to improve the capacity of the system resulted in revised expenditure planning. Intra messaging capability (Excess $0.5 million) This project was given a higher priority as a result some expenditure for 2001/02 was accelerated.
Regional prisons upgrade (Excess $1.2 million) Additional maintenance was required and therefore this project was accelerated, funding is in the 2001/02 year.
Pyrton – facilities acquisition and upgrade (Excess $0.4 million) Project terminated.
C Significant variations between revenues and budget estimates for 2000–2001
Administered revenues Under 1,145 The revenue for the recovery on unpaid fines and outsource collections of fines is reflected in the judicial fines and penalties item. A decrease was largely due to a change in focus to issue community based orders rather than issuing monetary fines.
PAGE 179 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
D Significant variations between actual outputs for the financial year and outputs for the immediately preceding financial year $’000
RECURRENT
Output 1 – Judiciary and judicial support Increase 1,930 The allocation of revenues were amended to ensure revenues were allocated to the appropriate output, this resulted in a decrease of revenues attributable to this output.
Output 2 – Case processing Increase 16,125 Increased expenditure from the implementation of the court security contract, salary and wage increase and rent increases largely accounted for the variation.
Output 3 – Enforcement of criminal and civil court orders Decrease 9,164 The reduction in net outlays is due to increased revenues applied to the output and from additional revenues for enforced warrants.
Output 4 – Administration of victim support and counselling services Increase 396 The increase in expenditure is due to additional salaries from the creation of four new positions.
Output 5 – Legal services Increase 760 Due largely to the payment in 2000/01 for work performed by the Land and Administration and Minerals and Energy Departments for native title claims.
Output 7 – Adult offenders managed Increase 32,317 The increase in the prisoner population and associated on–costs together with increased salary and wage payments largely accounted for the variation. In addition, the commencement of the court security and prisoner transport contract in July 2000 and commissioning of Acacia prison contributed to the increase in expenditure.
Output 8 – Juvenile offender managed Increase 5,376 The court security and prisoner transport contract attributable to juvenile services and a refinement of offender management cost allocations account for the additional costs.
Output 10 – Trustee services Decrease 1,493 Movement in the cash surplus of this output is due to delays in finalising contract arrangements for a new trustee system. This under spending was offset by a provision for a Mortgage Information Service required by government as a budget initiative. Reduction in retained revenue is due to a decrease in market share and subsequent fees obtained from estates and trusts.
PAGE 180 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2001
$’000
Output 11 and 12 – Registration services, civil marriages Increase 507 Increased expenditure due to additional costs relating to the new registration system.
Output 13 – Support services to other Government agencies Decrease 1,172 The administration costs for State Corporate Affairs were allocated to Output 15 in 2000/01. In addition lower ex gratia payments in 2000/01 were made as compared with 1999/2000.
Output 14 – Legal Aid Decrease 80 The variation is due to the timing of supplementary payments to the Legal Aid Commission for expensive cases and one off severance payments in 1999/2000.
Output 15 – Strategic policy information and legislative services Increase 3,232 No comparative is available as this is a new output for 2000/01.
CAPITAL
Variations between actual expenditure for the current financial year and previous year is due to the nature of the capital works program in that allocations and project scope vary from year to year. An explanation on variations does not provide information that is useful for decision making and has therefore not been provided.
E Significant variations between actual revenues for the financial year and actual revenue for the immediately preceding year
Administered revenues Decrease 423
A decrease of overall revenue is due to a change in focus to issue community based orders rather than issuing monetary fines.
PAGE 181 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
STATEMENT OF RECEIPTS AND PAYMENTS FOR THE YEAR ENDED 30 JUNE 2001
45Trust and Treasurer’s Advance Accounts
2000-01 1999-00 Opening Receipts Payments Closing Opening Receipts Payments Closing Account Balance Balance Balance Balance $'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000
1 Insurance – sheriff's assurance account 72 4 – 76 69 3 – 72
2 Ministry of Justice – receipts in advance 8 78 79 7 16 20 28 8
3 Research and special projects trust account 391 – 391 – 186 507 302 391
4 Juvenile justice trust account 89 7 63 33 39 135 85 89
5 Civil Court judgement – Government account 6 67 67 6 14 (8) – 6
6 Land acquisition account 2,561 70,086 71,694 953 4,156 64,543 66,138 2,561
7 Suitor's fund account 17 8 25 – 37 18 38 17
8 Clerk of courts trust account 2,183 32,406 32,017 2,572 2,259 35,204 35,280 2,183
9 Departmental receipts in suspense 594 29,273 29,153 714 634 34,009 34,049 594
10 Sheriff's and District Court bailiff's trust account 205 712 857 60 72 1,476 1,343 205
11 Civil action – Supreme and District Courts account 3,466 3,702 4,902 2,266 2,041 9,160 7,735 3,466
12 Companies liquidation account 725 – – 725 725 – – 725
13 Ministry of Justice – income tax deductions account – – – – 371 65,048 65,419 –
14 Prisoners private cash trust fund 285 2,436 2,569 152 334 2,385 2,434 285
15 Ministry of Justice – settlement payments account 6 49 46 9 8 20 22 6
16 Family Court – Commonwealth advance account 614 9,704 10,311 7 242 7,968 7,596 614
17 Payment in suspense account – Treasurer's advance account – – – – (373) 825 452 – 18 Appeal costs board – Treasurer's advance account (725) – – (725) (665) – 60 (725) 19 National grief & loss – fund – – – – 5 – 5 –
PAGE 182 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PURPOSE OF TRUST ACCOUNTS AND TREASURER’S ADVANCES FOR THE YEAR ENDED 30 JUNE 2001
1 Insurance – sheriff's assurance account To hold moneys to finance public and professional indemnity insurance for the Sheriff of Western Australia while on official duties.
2 Ministry of Justice – receipts in advance To hold monies lodged as a prepayment by clients upon satisfactory completion of a service or supply of goods.
3 Research and special projects fund To hold funds for the purpose of conducting research projects or programs in accordance with an agreement between the Ministry of Justice and the funding body. Account is no longer used.
4 Juvenile justice trust account To hold monies in trust for children under the care of the Juvenile Justice Program and such other monies as are received from any person or organisation for the provision of amenities in Program facilities which house children, and for such other specific purposes as directed by the donors.
5 Civil Court judgements – Government account To hold moneys arising from Civil Court Judgements made in favour of Government departments and authorities.
6 Land acquisition account To hold monies for and on behalf of Government departments and authorities pending settlement of land acquisition.
7 Suitor's fund account To hold funds, in accordance with section 4 of the Suitors' Fund Act (The Act), to meet the liability for costs of certain litigation and for incidental and other purposes pursuant to the Act.
8 Clerk of Courts trust account To hold monies, collected in the course of court activities at courts of petty sessions and local courts throughout the state, for the disbursement to other parties.
9 Departmental receipts in suspense To hold funds pending identification of the purpose for which those monies were received pursuant to section 9 (2) (c) (iv) of the Financial Administration and Audit Act.
10 Sheriff and District Court bailiff's trust account To hold monies collected or realised from the Execution by the Sheriff, Supreme Court or Bailiff District Court of Writs of fieri facias against Judgement Debtors in Civil Actions in the Supreme or District Courts of Western Australia.
11 Civil Action – Supreme and District Courts account To hold monies paid into the Supreme and District Courts in civil actions as ordered by the Supreme Court of Western Australia or District Court.
12 Companies liquidation account To hold funds received by the Director General, Ministry of Justice from the Commissioner for Corporate Affairs pending payment pursuant to section 427 of the Companies (Western Australia) Code.
PAGE 183 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PURPOSE OF TRUST ACCOUNTS AND TREASURER’S ADVANCES FOR THE YEAR ENDED 30 JUNE 2001
13 Ministry of Justice – income tax deductions and Government Employees Housing (GEHA) authority rental account To hold P.A.Y.E income tax instalments and GEHA rental charges deducted from salaries and wages of employees on the Ministry of Justice Payroll. Account is no longer used.
14 Prisoners private cash fund To hold monies for and on behalf of prisoners.
15 Ministry of Justice – settlement payments account To hold monies received by the Ministry of Justice and Small Claims Tribunal as a consequence of actions to resolve disputes.
16 Family Court – Commonwealth advance account To hold funds received from the commonwealth for the establishment and administration of the Family Court of Western Australia, in accordance with an agreement pursuant to section 41 (1) of the Family Law Act, pending transfer to the consolidated Revenue Fund.
17 Payment in suspense account – treasurer's advance account A maximum expenditure advance of $350,000 was approved by the treasurer to be used to pay for transactions carried out for other departments and authorised, to clear dishonoured cheques and telephone recoups. The expenditures are subject to the reimbursement where appropriate from the consolidated fund recurrent and capital services, trust funds or persons. Advance was repaid during the financial year.
18 Appeal costs board – treasurer's advance account A maximum expenditure advance of $850,000 was approved by the Treasurer to provide a temporary advance for funding of the Suitor's Fund Act. The expenditures are subject to reimbursement from the consolidated fund via the suitor's fund account.
19 National grief & loss – fund To hold funds received from the Commonwealth for the purpose of operating a National Grief and Loss Management Service. Account is no longer used.
PAGE 184 FINANCIAL STATEMENTS MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
OTHER STATEMENT OF RECEIPTS AND PAYMENTS FOR THE YEAR ENDED 30 JUNE 2001
46 Commonwealth Grant – Christmas and Cocos Island 2000-01 1999-00 $’000 $’000
Balance as at 1st July 104,523 73,298 RECEIPTS Commonwealth reimbursements 405,463 384,114 Court fees 1,724 11,127 Total receipts 407,187 395,241 PAYMENTS Operating costs 449,518 224,902 Additional services for prisoner costs – 139,114 Total payments 449,518 364,016 Balance as at 30th June 62,192 104,523
Operating costs are based on both actuals plus identified estimated services provided as agreed in the Standard Delivery Service Agreement signed by the Commonwealth and the State.
PAGE 185 APPENDICES
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CONTENTS
Page no
Expenditure incurred...... 188
Contracts...... 189
Legislation administered...... 192
Publications...... 196
PAGE 187 APPENDICES
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
EXPENDITURE INCURRED
The Ministry of Justice includes the following statement relating to advertising, direct mail and market research, as required under section 175ZE of the Electoral Act.
Advertising Amount ($) Albany Advertiser 22,025 Bunbury Chamber of Commerce & Industry 1,719 Cambridge Media 2,661 CDM Australia Pty Ltd 2,607 Department of the Premier and Cabinet 66,846 Government Employees Housing Authority 4,339 Hocking & Company Pty Ltd 1,967 Marketforce Productions 473,396 Media Decisions WA 21,404 MJB & B Advertising & Marketing 2,873 Pacific Access Pty Ltd 1,071 Public Information Service 2,649 Sector Vision Consulting 86,371 South West Printing & Publishing 3,243 State Law Publisher 18,856 West Australian Newspapers Ltd 22,106 Westcare Industries 1,943 736,076
Direct mailing organisations 0.00
Market research organisations Boshe Group Ltd 16,448 Polling organisations 0.00 Media advertising organisations 0.00 Total amount of expenditure 752,524
PAGE 188 APPENDICES
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CONTRACTS
Value Number of Contracts $0 – $19,999 74 $20,000 – $49,999 57 $50,000 – $99,999 22 $100,000 – $499,999 31 $500,000 – $999,999 6 $1,000,000 + 3 Total 193
No Yr Contract Description Vendor/s Contract recommended Value 75 2000 Court monitoring, transcription Spark and Cannon $27,500,000.00 and support of audio visual Verbatim Reporters technologies for Courts, Tribunals and other agencies 182 2000 Courts systems services Unisys West $7,696,000.00 1422 2001 Supply of notebook P T Computers $1,000,000.00 Professionals Pty Ltd 1046 2000 Execution of fines enforcement Repcol Commercial $980,000.00 warrants in country regions Investigators (WA) Pty Ltd 1349 2000 Provision of psychological Helen Fowler And Assoc $900,000 services Tina Marley Victim And Offender Assessment And Treatment Services 1045 2000 Supply of material for the Potter Textiles $840,000.00 garment shop Yarraville Textiles Pty Ltd 1335 2000 Supply of digital photocopiers Ricoh Australia Pty Ltd $743,000.00 1241 2000 Analyst/programmers for courts Amcon Solutions $700,000.00 information systems support Apex Recruitment Ess Pty Ltd GID Australia Pty Ltd Talent International 1441 2001 Provision of insurance services Heath Lambert Australia Pty Ltd $600,000.00 for the Public Trustee 1278 2000 Information services support Talent International $440,000.00 to clients within Court Services 1173 2000 PABX system NEC Australia $300,000.00 1175 2000 Provision of funeral services for Prosser Scott & Co Pty Ltd $300,000.00 the Public Trustee Value Funerals 1217 2000 Provision of IS support to clients Whitefield Australia Pty Ltd $300,000.00 within Offender Management 1222 2000 Financial adviser services for the Salomon Smith Barney $300,000.00 Public Trustee Private Clients Pty Ltd 1121 2000 Business improvement services Arthur Andersen $250,000.00 Competitive Edge Services Pty Ltd Curtin Consultancy Services Ltd DMR Consulting Group (Australia) Pty Ltd Elliot Partners PAGE 189 APPENDICES
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CONTRACTS continued
No Yr Contract Description Vendor/s Contract recommended Value 1121 2000 Business improvement services English Kretzschmar & (continued) Associates Pty Ltd Equal Prime Focus Consulting The Productive Edge 1356 2000 Provision of blood borne virus Derbarl Yerrigan Health Services $249,000.00 education Hepatitis C Council Of WA Inc 1187 2000 Home detention security services MSA Management Services $245,325.00 Pty Ltd 1172 2000 Provision of an auctioneer service G&W Specialist $240,000.00 for the Public Trustee Auctioneers & Valuers Hayes Auctioneers Pty Ltd 1235 2000 Provision of footwear components WA Shoecare Products $223,738.50 to Casuarina boot shop 1083 2000 Removal of bodies to the nearest A Dawson & Son Pty Ltd $210,000.00 morgues in country area Albany Funeral Directors Pty Ltd Archer & Sons Funeral Homes B D Coventry & Sons Chipper & Son Pty Ltd Darlngunaya Funeral Service Derby Funeral Services Esperance Funeral Services Gascoyne Funeral Directors Geraldton Funeral Services Giudice & Barndon Goldfields Funeral Directors Pty Ltd Hedland Funeral Services J Keenan & C0 Jamcol Enterprises Karratha Funeral Directors Laverton Undertakers Leonora Funerals Meekatharra Funeral Services Mt Magnet Funeral Services Newman Funeral Service Onslow Access Services P & L Hogan Funeral Directors Peter J Jackson Funeral Directors Pilbara Funeral Services Purslowe Funeral Homes R Falkingham & Son Richard Edward Daniels William Barrett & Sons 1252 2000 Supply and installation of video Ipex Information Technology $207,129.00 conferencing equipment Group 1145 2000 Provision of services for the Pretzel Logic Pty Ltd $200,000.00 internet and intranet web sites
PAGE 190 APPENDICES
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
CONTRACTS continued
No Yr Contract Description Vendor/s Contract recommended Value 1202 2000 Support for the corporate data Aurora Consulting Pty Ltd $200,000.00 warehouse 1342 2000 Provision of building security/ Group 4 Securitas Pty Ltd $194,252.00 reception officers 1008 2000 Genealogical research State Trustees Limited $180,000.00 Title Research (Administration) Ltd 1223 2000 Service for perpetrators of family Port Hedland Sobering Up $180,000.00 and domestic violence in the Centre Group Incorporated Pilbara 1125 2000 Security services for MSA Management Services $176,632.32 Milligan Street Pty Ltd 1146 2000 Young offenders pilot program Outcare Inc $168,000.00 in the metropolitan area 1366 2001 Aboriginal interpreter courses Central TAFE $167,190.00 1290 2000 Support of Unix/Oracle Offender Penrod Pty Ltd $158,400.00 Management systems 1120 2000 Victim Support Services for the Roderic O’Sullivan $150,000.00 Peel district 1171 2000 Review of the Human Resources Ernst & Young $143,000.00 function 1328 2000 Victim Support Services Kris Csillag & Associates $140,000.00 for Bunbury 1330 2000 Victim Support Services Centrecare Marriage and $140,000.00 for Kalgoorlie Family Service 1169 2000 Young offender pilot program in Kalgoorlie Youth Engagement $134,000.00 the Kalgoorlie area Program 1289 2000 Project manager for the Deakin Consulting Pty Ltd $126,000.00 Community Based Information System 1249 2000 Evaluation of the Juvenile Justice Social Systems And Evaluation $121,497.20 Community Funding Program 1388 2001 Victim Support Services for Anglicare WA $105,000.00 the Kununurra region 1163 2000 Implementation of Resource Auburna Consulting $104,500.00 Rostering System 1180 2000 Supply of cleaning chemicals Bunzl $100,000.00
PAGE 191 APPENDICES
MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
LEGISLATION
Legislation administered and Legislation administered: complied with: Administration Act 1903 Bail Act 1982 Age of Majority Act 1972 Births Deaths And Marriages Registration Anglican Church of Australia Act 1976 Act 1998 Anglican Church of Australia Constitution Children’s Court of Western Australia Act 1988 Act 1960 Companies (Acquisition of Shares) Anglican Church of Australia (Application of Laws) Act 1981 * (Diocesan Trustees) Act 1888 Companies Act 1961 * Anglican Church of Australia Lands Act 1914 Companies (Application of Laws) Act 1981 * Anglican Church of Australia Coroners Act 1996 (Northern Diocese) Act 1961 Corporations (Western Australia) Act 1990 Anglican Church of Australia Court Security and Custodial Services Act 1999 (Swanleigh Land and Endowments) Act 1979 Criminal Law (Mentally Impaired Defendants) Artificial Conception Act 1985 Act 1996 Australia Acts (Request) Act 1985 Crown Suits Act 1947 Charitable Trusts Act 1962 Declarations and Attestations Act 1913 Choice of Law (Limitation Periods) Act 1994 District Court of Western Australia Act 1969 Censorship Act 1996 Family Court Act 1997 Commercial Arbitration Act 1985 Fines, Penalties and Infringement Notices Commonwealth Places Enforcement Act 1994 (Administration of Laws) Act 1970 Guardianship and Administration Act 1990 Companies (Acquisition of Shares) Juries Act 1957 (Western Australia) Code * Justices Act 1902 Companies (Administration) Act 1982 * Liquor Licensing Act 1988 (Div 2 of Part 2 s. Companies (Western Australia) Code * 8-11, s. 14, s. 175(1)(c) only) Companies and Securities Local Courts Act 1904 (Interpretation and Miscellaneous Provisions) Magisterial Districts Act 1886 (Application of Laws) Act 1981 * Married Women’s Property Act 1892 Companies and Securities Prisoners (Release For Deportation) Act 1989 (Interpretation and Miscellaneous Provisions) Prisons Act 1981 (Western Australia) Code * Professional Standards Act 1997 Confederation of Western Australia Industry Prostitution Act 2000 (s. 62 and Part 5 only) (Inc.) Act 1976 Public Trustee Act 1941 Constitutional Powers (Coastal Waters) Recording of Evidence Act 1975 Act 1979 Recording of Proceedings Act 1980 Co-operative and Provident Societies Act 1903 Reprints Act 1984 Corporations (Taxing) Act 1990 Restraining Orders Act 1997 Crime (Serious & Repeat Offenders) Restraint of Debtors Act 1984 Sentencing Act 1992 Sentence Administration Act 1995 Crimes at Sea Act 2000 Small Claims Tribunals Act 1974 Crimes (Confiscation of Profits) Act 1988 Spent Convictions Act 1988 Criminal Code Suitors Fund Act 1964 Criminal Code Amendment Act (No. 2) Young Offenders Act 1994 Criminal Injuries Compensation Act 1985
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LEGISLATION continued
Legislation administered (continued) Partnership Act 1895 Criminal Investigation (Extra-Territorial Perth and Tattersall’s Bowling & Recreation Offences) Act 1987 Club (Inc.) Act 1979 Criminal Property Confiscation Act 2000 Perth Anglican Church of Australia Collegiate Criminal Property Confiscation School Act 1885 (Consequential Provisions) Act 2000 Presbyterian Church Act 1976 Debtors Act 1871 Presbyterian Church of Australia Act 1970 Domicile Act 1981 Prisoners (International Transfer) Act 2000 Equal Opportunity Act 1984 (Part VIII) Prisoners (Interstate Transfer) Act 1983 Escheat (Procedure) Act 1940 Property Law Act 1969 Evidence Act 1906 Public Notaries Act 1979 Fatal Accidents Act 1959 Sale of Land Act 1970 (Part IVA) Federal Courts (State Jurisdiction) Act 1999 Sea-Carriage Documents Act 1997 Financial Transaction Reports Act 1995 Securities Industry Act 1975 * Freedom of Information Act 1992 Securities Industry (Application of Laws) Foreign Judgments Act 1963 Act 1981 * Futures Industry (Application of Laws) Act 1986 Securities Industry (Release of Sureties) Act 1977* Gender Reassignment Act 2000 Securities Industry (Western Australia) Code * Goldfields Tattersalls Club (Inc.) Act 1986 Sentencing Act 1995 Highways (Liability for Straying Animals) Sentencing (Consequential Provisions) Act 1995 Act 1983 Service and Execution of Process (Harbours) Inheritance (Family and Dependents Ordinance 1855 Provision) Act 1972 Slander of Women Act 1900 Interpretation Act 1984 Solicitor-General Act 1969 Judges Retirement Act 1937 Special Investigation (Coal Contract) Act 1994 Jurisdiction of Courts (Cross-Vesting) Act 1987 Statutory Corporations (Liability of Directors) Law Reform (Contributory Negligence and Act 1996 Tortfeasors’ Contribution) Act 1947 Stipendiary Magistrates Act 1957 Law Reform (Miscellaneous Provisions) Act 1947 Trustee Ordinance 1854 Law Reform (State of Frauds) Act 1962 Trustee Companies Act 1987 Law Reporting Act 1981 Trustees Act 1962 Law Society Public Purposes Trust Act 1985 Uniting Church in Australia Act 1976 Legal Aid Commission Act 1976 Victims of Crime Act 1994 Legal Contribution Trust Act 1967 Warehousemen’s Liens Act 1952 Legal Practitioners Act 1893 Warrants for Goods Endorsement Act 1898 Legal Representation of Infants Act 1977 Western Australian Trustees Limited (Mergers) Limitations Act 1935 Act 1989 Marketable Securities Transfer Act 1970 Wills Act 1970 Newspaper Libel and Registration Act 1884 Newspaper Libel and Registration Act 1884 Amendment Act 1888 Occupiers’ Liability Act 1985 Offenders (Legal Action) Act 2000 Official Prosecutions (Defendants’ Costs) Act 1973 Off-Shore (Application of Laws) Act 1982
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MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
LEGISLATION ADMINISTERED
Legislation complied with: Financial Transaction Reports Act 1995 Aboriginal Affairs Planning Authority Act 1972 Firearms Act 1973 Administration Act 1903 First Home Owner Grant Act 2000 Adoption Act 1994 Freedom of Information Act 1992 Age of Majority Act 1972 Gender Reassignment Act 2000 Anatomy Act 1930 Health Act 1981 Artificial Conception Act 1985 Health Services (Conciliation and Review) Associations Incorporation Act 1987 Act 1995 Auction Sales Act 1973 Health Services (Quality Improvement) Bills of Sale Act 1899 Act 1994 Business Names Act 1962 Hire-Purchase Act 1959 Cemeteries Act 1986 Hospitals and Health Services Act 1927 Charitable Trusts Act 1962 Industrial Relations Act 1979 Chattel Securities Act 1987 Inheritance (Family and Dependents Child Support (Adoption of Laws) Act 1990 Provision) Act 1972 Child Welfare Act 1947 Judges Retirement Act 1937 Choice of Law (Limitation Periods) Act 1994 Jurisdiction of Courts (Cross-Vesting) Act 1987 Commercial Arbitration Act 1985 Land Administration Act 1997 Commercial Tenancy (Retail Shops) Land Tax Assessment Act 1976 Agreement Act 1985 Law Reporting Act 1981 Commercial Tribunal Act 1984 Legal Practitioners Act 1893 Companies (Co-operative) Act 1943 Legal Representation of Infants Act 1977 Control of Vehicles (Off-road Areas) Act 1978 Library Board of Western Australia Act 1951 Cremation Act 1929 Life Assurance Companies Act 1889 Criminal Code Limitations Act 1935 Criminal Injuries Compensation Act 1985 Liquor Licensing Act 1988 Criminal Property Confiscation Act 2000 Local Government Act 1995 Debits Tax Act 1990 Medical Act 1894 Debits Tax Assessment Act 1990 Mental Health Act 1996 Dental Act 1939 Minimum Conditions of Employment Act 1993 Disability Services Act 1993 Mining Act 1978 Dividing Fences Act 1961 Misuse Of Drugs Act 1981 Dog Act 1976 Nurses Act 1992 Domicile Act 1981 Occupational Safety and Health Act 1984 Electoral Act 1907 Occupational Therapists Registration Act 1980 Employers Indemnity Supplementation Fund Official Prosecutions (Defendants’ Costs) Act 1980 Act 1973 Equal Opportunity Act 1984 (Parts I-VII, X) Optical Dispensers Act 1966 Escheat (Procedure) Act 1940 Parliamentary Commissioner Act 1971 Evidence Act 1906 Parole Orders (Transfer) Act 1984 Fair Trading Act 1987 Partnership Act 1895 Family Court (Orders of Registrars) Act 1997 Pharmacy Act 1964 Fatal Accidents Act 1959 Physiotherapists Act 1950 Federal Courts (State Jurisdiction) Act 1999 Financial Administration and Audit Act 1985 Poisons Act 1964 Financial Institutions Duty Act 1983 Prisoners (Interstate Transfer) Act 1983
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LEGISLATION ADMINISTERED continued
Legislation complied with: C’wealth Cheques Act 1986 (continued) C’wealth Child Support (Assessment) Professional Standards Act 1997 Act 1989 Property Law Act 1969 C’wealth Child Support (Registration and Psychologists Registration Act 1976 Collection) Act 1988 Public and Bank Holidays Act 1972 C’wealth Companies Act 1981 Public Sector Management Act 1994 C’wealth Corporations Law (to 1 Feb 2001) Public Works Act 1902 C’wealth Crimes Act 1914 Radiation Safety Act 1975 C’wealth Currency Act 1965 Registration of Deeds Act 1856 C’wealth Disability Discrimination Act 1992 Residential Tenancies Act 1987 C’wealth Electronic Transactions Act 1999 Retirement Villages Act 1992 (Part IV) C’wealth Family Law Act 1975 Salaries and Allowances Act 1975 C’wealth Fringe Benefits Tax Act 1986 Sale of Land Act 1970 C’wealth GST (Goods and Services Tax) – Sentencing Act 1995 A New Tax System Sentencing (Consequential Provisions) Act 1995 C’wealth Income Tax Assessment Act 1936 Slander of Women Act 1900 C’wealth Insurance Act 1973 Stamp Act 1921 C’wealth International Transfer Of Prisoners State Records Act 2000 Act 1997 State Superannuation Act 2000 C’wealth/Int’l Chemical Munitions Treaty 1997 State Supply Commission Act 1991 C’wealth Life Insurance Act 1995 Strata Titles Act 1985 (Part VI) C’wealth Marriage Act 1961 Supreme Court Act 1935 C’wealth Migration Act 1958 Surveillance Devices Act 1998 C’wealth Native Title Act 1993 Town Planning and Development Act 1928 C’wealth Patents Act 1990 Transfer of Land Act 1893 C’wealth Racial Discrimination Act 1975 Trustees Act 1962 C’wealth Registration of Deaths Abroad Act Unclaimed Money Act 1990 1984 Victims of Crime Act 1994 C’wealth Service and Execution of Process Weapons Act 1999 Act 1992 Wills Act 1970 C’wealth Trade Practices Act 1974 Workers’ Compensation and Rehabilitation C’wealth Transfer Of Prisoners Act 1983 Act 1981 C’wealth Veterans Entitlements Act 1986 Workplace Agreements Act 1993 C’wealth Witness Protection Act 1994 C’wealth Admiralty Act 1988 C’wealth Workplace Relations Act 1996 C’wealth Bankruptcy Act 1966 * Although still in force, these Acts have for all practical purposes been replaced by the Corporations (Western Australia) Act and related Commonwealth legislation
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MINISTRY OF JUSTICE • ANNUAL REPORT 2000/2001
PUBLICATIONS
The Ministry of Justice has developed a comprehensive collection of publications, brochures and videos. These products are available at no cost unless otherwise stated.
The information is also available electronically at Justice Online www.justice.wa.gov.au
The following list identifies a range of reports, strategic policies and planning documents that are available at no cost. They can be found on the Ministry’s web site or by contacting 13 12 17. Disability services policy. Fact sheets. Information on prisons. Language services policy. Ministry of Justice annual report 1999/2000. Ministry of Justice annual report Highlights 1999/2000. Ministry of Justice handbook: A practical guide to using the Ministry’s services. Prisoner work camps. Quarterly court statistics report. Report of the review of remission and parole. Report of the review of restraining orders. Sentencing statistics. Strategic directions 1999-2004 (currently under review). Adult offender statistical reports (yearly reports).
The comprehensive list orders publications according to subject. When requesting copies of the publications, please contact the appropriate contact number.
ABORIGINAL SERVICES 9264 6105 • Aboriginal Alternative Dispute Resolution Service – Helping to heal the conflict.
BIRTHS, DEATHS & MARRIAGES 9264 1555 General • Changing your name. • Customer service charter. • You too can trace your family history. • The Western Australian pioneers index on CD ROM or microfiche. Index of 210,000 birth, death and marriage records registered between 1841 and 1905 ($205 and $140 respectively). • The Western Australian death and marriage index on microfiche. Year by year index of deaths and marriages (from $35).
Births • Commemorative birth certificates for Western Australians young and old ($40). • Federation through time commemorative birth certificate ($40). • Australian floral emblem commemorative birth certificate ($40).
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PUBLICATIONS continued
Marriages • Happily ever…before and after. • Marriage counselling. • Your registry wedding.
COURTS General court information 9264 1547 • About jury service. • Application for appointment as a justice of the peace. • Being a witness in court. • Commissioner for declarations. • Court child-minding. • Child witness service. • Court video-link service. • Courtrooms of the future – May Holman Courts. • Customer service charter. • Information about court fines. • Information about infringement notices. • Intelligent courtroom. • Interpreters for court clients. • Jury duty. • Jury service information sheet. • Mediation at the Supreme Court. • Remand court appearances by video. • Restraining orders. • Understanding the Court of Petty Sessions. • Understanding the Local Court.
Children’s Court 9218 0111 •‘Keep Your Head’ video and resource book. The consequences of breaking the law, going to court and taking responsibility for one’s actions. ($40) • Perth Children’s Court – services and facilities for victims of crime. • The Children’s Court – important information for parents and guardians. • Understanding the Children’s Court. • Children’s Court – a guide for those appearing before the court.
Commercial Tribunal 9425 2773 • Annual report of the Commercial Registrar under the Commercial Tenancy (Retail Shops) Agreement Act. • Annual report of the Commercial Tribunal. • Information and resource kit – Commercial Tribunal explanatory publication.
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PUBLICATIONS continued
Coroner’s Court 9321 2491 • When a person dies suddenly – information for the family. • Coroner’s Court of WA – important information about inquests • Annual report.
Criminal Injuries Compensation 9425 2730 • Compensation for victims of crime. • Criminal injuries compensation application form incorporating guidelines and procedures. • Chief Assessor’s annual report.
District Court 9425 2343 • Information for unrepresented litigants in the civil jurisdiction.
Drug Court 9425 2666 • Drug Courts in Western Australia – the positive choice.
Equal Opportunity Tribunal 9425 2774 • Equal Opportunity Tribunal. • Guidelines for settlement of disputes by agreement.
Family Court 9224 8222 • Children and separation. • Cost disputes – Notice of rights. • Costs of family law proceedings. • Counselling services of the Family Court of Western Australia. • Forms prescribed under Family Law Act 1975 and Family Court Act 1995 and relevant instructions. • Guide to serving an application for divorce. • Information sessions. • Introduction to the Family Court. • Marriage, families and separation. • Parental responsibility and parenting orders. • Practice directions and case management guidelines ($5). • Handbook for self-represented litigants preparing for trial in the Family Court of WA. • Family Court of WA; conciliation conference kit. • Family Court of WA; order contravention kit. • Family Court of WA; Divorce kit.
Fines and infringement notices 9235 0235 • Information about court fines. • Information about infringement notices.
Guardianship and Administration Board 9278 7350 • Annual report.
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PUBLICATIONS continued
Magistrates Courts 9425 2222 • Understanding the Court of Petty Sessions. • Understanding the Local Court.
Retirement Villages Tribunal 9425 2773 • Retirement villages application form.
Sheriff’s Office 9425 2481 • About jury service. • Jury duty.
Small Claims Tribunal 9426 8700 • Claim form with guide. • Information for consumers. • Information for traders.
Strata Titles Referee 9425 2773 • Applications to the Strata Titles referee – what you need to know.
Supreme Court 9421 5333 • The Supreme Court of Western Australia. • What is probate? Do I need to apply?
Victim Support Services 9221 0444 • Court support. • How can I help? • Victim Support Service. • Coping with your trauma. • What about me – the victim?
GUARDIANSHIP AND ADVOCACY 9278 7300 Office of the Public Advocate • Office of the Public Advocate (general introductory brochure). • Customer service standards and grievances procedures.
Guardianship and administration brochure series • An introduction to guardianship and administration in Western Australia. • Before you apply for an appointment of a guardian or administrator. • An application has been made for appointment of a guardian or administrator. • You have been appointed to make decisions on behalf of a person with a decision-making disability.
Enduring Power of Attorney • Enduring power of attorney – making a decision to safeguard your own financial future. • Enduring power of attorney information kit.
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PUBLICATIONS continued
Professional guides • A guide for service providers (practice manual). • The practical guide to enduring powers of attorney in Western Australia (professional guide) ($27.75).
Research reports • Safeguarding the financial interests of vulnerable seniors.
Newsletter • Office of the Public Advocate newsletter (published twice a year).
Annual Report • Annual report of the Public Advocate. • Annual report of the Guardianship and Administration Board.
Video • Guardianship and Administration (12 minute videotape).
Displays • Office of the Public Advocate and the Guardianship Administration System. • Enduring powers of attorney. • Safeguarding the financial interests of vulnerable seniors.
OFFENDER MANAGEMENT/PRISON SERVICES Adults in the community 9264 1381 • Aboriginal visitors scheme. • Community bail. • Community-based order. • Conditional release order. • Driver training for offenders. • Home detention for prisoners. • Home leave program. • Grant of permit. • Intensive supervision order. • Pre-sentence report. • Prisoner programs. • Prison industries. • Reparation order. • Security ratings for prisoners. • Sentencing options. • Strategic directions. • Suspended imprisonment. • Victim – offender mediation (information for victims and offenders). • What does community work mean? • Work release order. PAGE 200 APPENDICES
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PUBLICATIONS continued
Juveniles in the community 9264 1065 • Aboriginal family supervision program – taking responsibility for your own kin. • Education services – education and vocational training for the future. • Juvenile custodial centres. • Juvenile justice teams – a chance for offenders to set things straight; giving victims a voice. • Juvenile supervision orders. • Killara Youth Support Service – helping families keep their children out of trouble. • Mentor program – giving young offenders a helping hand. • Parole. • Psychological services – assessment and counselling for young people and their families. • Rehabilitation programs for prisoners. • Supervised bail program – an alternative to being locked up. • Supervised release program – after detention, getting back on track in the community. • Supervised Release Review Board annual report. • Warminda Intensive Intervention Centre – a chance for young offenders to go straight.
Juveniles in detention or custody 9264 1065 • Banksia Hill Detention Centre – an opportunity for a new beginning. • Children’s Court – a guide for those appearing before the court. • Children’s Court – after conviction, what next? • Rangeview Remand Centre – what being remanded in custody means.
PAROLE BOARD AND SUPERVISED RELEASE 9229 1100 • Parole Board annual report. • Supervised Release Review Board annual report. • Mentally Impaired Defendants Review Board annual report. • Parole information booklet.
VICTIM SERVICES Child Witness Service 9425 2165 • Child witness service.
Victim Support Service 9221 0444 • Coping with trauma. • Court support. • How can I help? • Preparing a victim impact statement. • Restraining orders. • Taking the stand. • Victim Support Services. • What about me the victim? • Directory of services for victims of crime.
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PUBLICATIONS continued
PUBLIC TRUSTEE 9222 6777 • About our charges. • Public Trustee annual report. • Who we are, what we do.
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